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HomeMy WebLinkAboutOrd. 232 - Outdoor Parties CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 232 An Ordinance repealing Ordinance No. 51 adopted October 3, 1980 and Ordinance No. 51A adopted February 28,1986. AN ORDINANCE REGULATING OUTDOOR PARTIES, PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF AND EST ABLISHlNG LICENSING PROCEDURES. The City Council of the City of Andover hereby ordains: Section 1. Recitals of Legislative Findings of Fact. The City of Andover contains within its corporate limits areas of open space, much of which space is not crossed by public roads and not easily accessible to emergency vehicles. It has become a common practice for people to conduct gatherings in such open areas, generally held during the evening hours, and at which intoxicating and non-intoxicating beverages or chemicals are consumed without licensing the use or dispensation thereof. Such gatherings have become dangerous both to those in attendance and to the general public and are in need of regulation. Section 2. Intent and Purpose. It is the intent and purpose of this ordinance to protect the health, welfare and safety of its citizens through the establishment oflicensing procedures for "Outdoor Parties". It is not the intent of this ordinance, nor shall this ordinance be used to inhibit or refrain the right of free speech or freedom of assembly in a unlawful manner. Section 3. Definitions. For the purpose of this ordinance, certain terms and words are hereby defined as follows: Out Q,f Doors Statutes. any place outside of a building as defined in Minnesota State Outdoor Party a gathering of fifty (50) or more people, held partially or completely out of doors, on public or private property, and at which intoxicating beverages, non-intoxicating malt liquor or other intoxicating chemicals are used or dispensed by any participant, whether or not a fee is collected from any participant. Section 4. Licensing Provisions. No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage, or sell or give tickets to, outdoor parties held in any area of the City whether on public or private property, unless a license to hold the assembly has first been issued by the City. Application for such license shall be made at least two (2) weeks in advance of the assembly. Furthermore, if any peace officer, upon discovering an outdoor party which is unlicensed or upon declaring any license to be void, shall order the persons present to disperse. All persons present shall promptly leave the premises, and the failure to do so shall be a violation of this ordinance. Section 5. Application for License. Application shall be made to the City Clerk on forms to be supplied by the City and shall contain the following information: 1) The names, addresses and telephone numbers of the applicant(s). 2) Theprccise location of the proposed outdoor party, as well as the date and specific times during which the outdoor party will be in progress and the expected number of guests. Any license issued for an outdoor party shall be no more than the duration of the outdoor party as indicated on the application forms, not to exceed twenty-four (24) hours. 3) The name, address and telephone number of the owner(s) of the land. 4) A written acknowledgment of consent by the owner(s) of the land to the conducting of the proposed outdoor party if other than the applicant(s). 5) A statement as to whether or not intoxicating or non-intoxicating liquor will be furnished. 6) A written statement demonstrating that the applicant has adequate plans for measures designed to protect the safety of participants, including the following: a) The means by which the outdoor party will be illuminated; b) The means by which emergency vehicles may be summoned, and the means of access of emergency vehicles to the outdoor party site; and 2 c) Adequate sanitary facilities be provided. Section 6. Issuance of License. Licenses shall be issued by the City Clerk. The City Clerk shall issue the license if all of the provisions of this ordinance have been satisfied, provided, that with regard to Section 5 hereof, the following shall be deemed insufficient measures to protect the safety of participants: 1) Illumination primarily from motor vehicle headlights, ground fires, or other light sources located less than ten (10) feet above ground; 2) The lack of a reliable communication device located within one hundred (100) feet of the proposed site. 3) The existence of the site at a location greater than one thousand (1000) feet from any traveled public road, or the existence of access to a traveled public road, which access is not marked by reflectorized markings, or not passable by a four wheeled motor vehicle, or not of sufficient width to accommodate the passage of emergency vehicles. If the City Clerk refuses to issue a license, the applicant shall have the right to have the application reviewed by the City Council, by placement on the agenda of the next regular City Council meeting. If a license is issued, a copy thereof shall be forwarded to the Office of the Anoka County Sheriff. Any license issued shall be subject to the following conditions, which shall be printed on the face of the license, and shall read as follows: This license shall be rendered void if any of the following conditions are found to exist at the outdoor party site; 1) The commission of the crime of assault, disorderly conduct, or breach of the peace by any participant on the outdoor party site; 2) The consumption or possession of any intoxicating or non-intoxicating malt liquor by any person under the legal alcohol consumption age as defined by Minnesota Statute; 3) The failure of any applicant to be physically present at the outdoor party site during the entire duration of the outdoor party; and 4) The maintenance of any nuisance under any existing local ordinance. 3 Upon observing the violation of any of the conditions of a license, a peace officer shall declare the license to be void, and shall order the participants to disperse. Section 7. Exceptions. Any outdoor party which commences during daylight hours, and is completely dispersed prior to sunset shall be exempt from the requirements of obtaining an outdoor party license. Section 8. Display of License. The license shall be displayed at the outdoor party in a prominent location. If a peace officer, upon investigating an outdoor party, is not furnished with the license, and is otherwise unable to locate a license, the peace officer shall be entitled to presume that no license exists. Section 9. Severability. Should any portion of this ordinance be found to be in violation of any provisions of the Constitution of the State of Minnesota or the United States of America, such a finding shall affect only such portion and the remainder of this ordinance shall continue in full force and effect. Section 10. Penalty; Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor as defined by State law and subject to the penalties thereof. Adopted by the City Council of the City of Andover on this 5th day of August, 1997. ATTEST: CITY OF ANDOVER L~:~ t!~L Victoria V olk, City Clerk ..(.M 4