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ORDINANCE 09- _ CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING ARTICLE XI, OF THE ELK RIVER CITY CODE OF ORDINANCES TO ADD NEW SECTION 38 DEFINING AND REGULATING SPECIAL EVENTS The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Article XI of the Ciry of Elk River Code of Ordinances is hereby amended to add new Section 38 thereto, to read as follows: 38-510 Purpose and Findings The purpose of this chapter is to protect the health, safety and welfare of the citizens of this city by regulating the time, place and manner of Special Events as defined herein, and by establishing permit requirements and other regulations fox conducting special events. The Ciry Council finds that special events often exceed the city's capacity to provide usual city services. These city services include, but are not limited to, sanitary facilities, fire, police and utility services. The City Council also finds this ordinance necessary to ensure that such events are conducted with sufficient consideration given to public safety issues including, among other things, the impact of these events on parking and traffic management within the city. 38-511 Definitions For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Person: A natural person, association, organization, club or group formed for a common purpose, a partnership of any kind, limited liability company, corporation or any other legal entity. Special Event An outdoor gathering, whether on public or private property, open to the public where at least 50 individuals are expected to, or do, assemble with a common purpose for a period of one hour or longer. Special Events include, but are not limited to, concerts, fairs, carnivals, circuses, parades, flea markets, marathons, wa]kathons, festivals, races, bicycle events, celebrations, or any other gathering or events of similar nature. Special Events do not include private, noncommercial events such as graduation parties or social parties. 38-512 Permit Required No person shall hold, conduct, or participate in a Special Event within the city unless a permit has been issued for such Special Event upon timely application as required by this ordinance. 38-513 Application Application must be made at least 60 days in advance of the proposed date of the Special Event. This application period shall not begin to run until a complete application has been filed with the city. The application for the required permit shall be made to the city clerk by filing the permit fee, any deposit required to cover estimated costs to be incurred by the City for the Special Event, and by completing an application form provided by the city clerk. In addition to such additional information as the city clerk may require, the application shall include: Page I S:\Administration\Licenses\Special Events\Final Draft Ordinance.DOC