HomeMy WebLinkAboutResolution 2014-025 declaring amendments to town code chapter 10-6 a public recordMARANA RESOLUTION NO. 2014-025
RELATING TO HEALTH AND SANITATION; DECLARING AS A PUBLIC RECORD
FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE
NO. 2014.008 TO MARANA TOWN CODE CHAPTER 10-6 (SPECIAL EVENTS PERMIT)
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town Code Chapter 10-6 (Special
Events Permit), a copy of which is attached to and incorporated in this resolution as E�ibit A
and three copies of which are on file in the office of the Town Clerk, are hereby declared to be a
public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4 day of March, 2014.
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Mayor d Honea
ATTEST:
ocelyn . Bronson, Town Clerk
Resolution 2014025
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EXHIBIT A TO MARANA RESOL UTION NO. 2014-025
Amendment to the Marana Town Code, Chapter 10-6 "Special Events Permit" pursuant to
Marana Ordinance No. 2014. 008
SECTION 1. Section 10-6-1 of the Marana Town Code is hereby revised as follows
with added text shown with double underlining and deletions shown with r*r;'-° �„+ +°°*:
10-6-1 Purpose; a^��M�'
�r. The purpose of this chapter is to establish a process for permitting and
regulating certain temporary activities conducted on public property or private
property when public safety is potentially impacted. This chapter is adopted
pursuant to the authority of A.R.S. § 9-240, as amended, and is intended to
provide fair and reasonable regulations governing the time, place, and manner in
which a special event may take place, and in doing so, to provide for the health
safety and welfare of the public and to assist the town and its appropriate
officers in enforcing the applicable provisions of A.R.S. title 9 and title 36.
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EXHIBIT A TO MARANA RESOL UTION NO. 2014-025
Amendment to the Marana Town Code, Chapter 10-6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014.008
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SECTION 2. New section 10-6-2 entitled "Definitions" is hereby added to the Marana
Town Code as follows and the sections that follow are renumbered to conform:
10-6-2 Definitions
The following definitions shall apply throughout this chapter unless the context
clearly indicates or requires a different meaning.
A. "Permit clerk" means the town employee designated and authorized by the
town manager to accept and process applications for special events permits.
B. "Persori' means a corporation, firm, association, organization, and any other
group acting as a unit, as well as an individual.
C. "Special event" means any of the following:
1. Any indoor or outdoor public gathering or celebration that uses town-
owned property, including public right-of-way, for any of the following
activities:
a. Entertainrnent
b. Dancing
c. Music
d. Dramatic productions
e. Amusements, festivals or carnivals
f. Sale of inerchandise, food, or alcohol, including sidewalk sales
g. Parades, walks, bicycle rides, runs, block parties or other events that
will not comply with normal or usual traffic regulations or controls, or
are likely to impede, obstruct, impair or interfere with the free flow of
traffic
2. Any activity taking place on private or town-owned property that requires
a state-issued special event liquor license.
3. Any activity taking place on private or town-owned property that, in the
opinion of the town manager or designee requires town services to a
degree sigxuficantly over and above that routinely provided under
ordinary circumstances.
4. Any activity taking place on private or town-owned property that, in the
opinion of the planning administrator, involves a substantial deviation
from the current legal land use or legal nonconforming use.
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EXHIBIT A TO MARANA RESOL UTION NO. 2014-025
Amendment to the Marana Town Code, Chapter 10-6 "Special Events Permit" pursuant to
Marana Ordinance No. 2014.008
SECTION 3. New section 10-6-3 entitled "Exemptions" is hereby added to the Marana
Town Code as follows and the sections that follow are renumbered to conform:
10-6-3 Exemptions
The provisions of this chapter shall not apply to any of the following activities:
A. School functions at school facilities.
B. Ordinary and customary events at a venue designed to accommodate them.
C. Events produced by the town. For purposes of this section, "events produced
by the towri' means events organized primarily by the town, and does not
include events that the town merely supports, sponsors or promotes.
SECTION 4. Existing section 10-6-2 of the Marana Town Code (renumbered as section
10-6-4 by sections 2 and 3 of this ordinance), is hereby revised as follows with added text shown
with double underlinin� and deletions shown with �*M:'�° �„* *°°*:
10-6-4 �9-6-� Permit required; non-transferable
A In addition to an�other �ermits licenses taxes or rec�uirements im�osed bv
the town, z4any person wishing to operate, maintain or conduct a special
event within the town must first obtain a permit to do so. No permit shall be
issued until all conditions required pursuant to this chapter have been met
and fulfilled. The maximum number of people permitted at any event will be
based upon the nature of the event and the physical capacity of the site where
the event will take place.
B All s�ecial event �ermits issued �ursuant to this cha�ter are non-transferable.
SECTION 5. Existing section 10-6-3 of the Marana Town Code (renumbered as section
10-6-5 by sections 2 and 3 of this ordinance), is hereby revised as follows with added text shown
with double underlinin� and deletions shown with °*r;'�° ^„* +°°*:
10-6-5 �A-6-� Application process; fees
A. The a�licant or the a�licant's authorized re�resentative shall submit
�written application to the � e� clerk on the form �rovided b� the
town for that�urvose The a�licant must submit the a��lication with
enough advance time to allow the town to complete its review �rocess �rior to
the event. The town reserves the ri�ht to reiec t an a��lication if the town
determines there is insufficient time to com�lete the review �rocess. �e
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B. Each a�nlication shall be accom�anied b� an��nlicable fees as set forth in
the fee schedule a�nroved bv the council and amended from time to time.
Annlications submitted less than seven davs before the event, if acce�ted for
�rocessin� b�the town shall be subiect to an ex�edited review fee as set forth
in the fee schedule. ^
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EXHIBIT A TO MARANA RESOL UTION NO. 2014-025
Amendment to the Marana Town Code, Chapter 10-6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014. 008
C�. The a�plication
, shall contain the following
facts and information:
1. The name, oa� _r. ;;a� _r_. � telephone number and mailing address of the
person making the application. If the �erson makine the ap�lication is
actin� on behalf of an or�anization, the �erson shall also include the name
of the or�anization and the title of the person making the a��lication. The
a�nlicant ma�nrovide the or�;anizatiori s mailin� address and tele�hone
number in lieu of the a��licant's own address and tele�hone number.
�. The address or legal description of the place or
premises where the proposed event is to be conducted, operated or carried
on.
3. A description of the event, including activities, anticipated attendance,
entertainxnent, and type of retail sales if applicable.
4. The dates and times for which the permit is sought.
5. An estimate of the number of customers, spectators, participants and other
persons intended, calculated or expected to attend the event for each day it
is conducted.
6. A site map or sketch showing the location of the property in relation to
surrounding properties, the area to be used, the access to the property and
the location of any proposed facilities, parking areas, vending areas, stages
and other principal features of the venue.
7. Information re�ardin� the factors listed in section 10-6-6.
8. Anv other information the �ermit clerk mav reasonablv rec�uire.
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EXHIBIT A TO MARANA RESOL UTION NO. 2014-025
Amendment to the Marana Town Code, Chapter 10-6 "Special Events Permit" pursuant to
Marana Ordinance No. 2014.008
SECTION 6. Existing section 10-6-4 of the Marana Town Code (renumbered as section
10-6-6 by sections 2 and 3 of this ordinance), is hereby revised as follows with added text shown
with double underlinin� and deletions shown with �*r; �„* *°°*:
10-6-6 �8-6-4 Ap�lication review C-e�di#�s
A. Procedure. Uvon receipt of the a�iication, the �ermit clerk shall circulate the
apnlication for review bv the a��ro�riate town de�artments and bv the
Northwest Fire District. The departments shall review the a��lication and
maX rec�uire reasonable su�lementation of the information in the a��lication
if necessarv. The de�artments shall consider the factors listed in this section
and may im�ose �ermit conditions related to these factors or to the �otential
impact of the event u�on town resources.
B24. Noise i� ��s. The town shall evaluate noise im�acts related to
the event and mav im�ose conditions related to minimizin� those impacts• �
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C�. Sanitation.
� Adec�uate toilet and hand
washing facilities and trash rece�tacles shall be maintained at all times
durin� the event. The town ma�ec�uire the a�licant to �rovide facilities
or rec�tacles in addition to those existin� at the event site due to �e
the anticipated maximum attendance and event duration as
.
DE. Security. The applicant may be required, at the applicant's expense, to
provide security services, and/or extra-duty law enforcement officers for
event security, as determined by the chief of police.
1. In making the determination of the need for security services, the chief of
police shall consider the event nature, anticipated attendance, access to
alcohol, ticket or money handling and any other factors deemed relevant.
2. If private security services are to be used, the chief of police must approve
the security service provider and the security plan for the event.
3. If extra-duty law enforcement will be used, the town will coordinate the
hiring of officers and the security plan preparation.
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EXHIBIT A TO MARANA RESOL UTION NO. 2014-025
Amendment to the Marana Town Code, Chapter 10-6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014.008
E�. Medical services. The applicant may be required at the a�nlic��ense,
to furnish medical services to the event as determined bv Northwest Fire
District
1. Conditions which may warrant this requirement include the expected
temperatures during the event, the nature of the event, expected
attendance, age of the expected attendees, and accessibility of the event
venue to emergency vehicles.
2. T +� If inedical services are used at the event, the medical services
plan shall be approved by the chief of police and Northwest Fire District.
F�. Lighting. Events .,'�;^'� ,;" '-�'.^ ..'���-:Pne�c.��e��ees
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areas, sanitation facilities, parking areas and areas of pedestrian travel must
be adeauatel� illuminated at all times durin� the event bv existin� or
additional lighting. The town may rec�uire the a��licant to submit a li�hting
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G�. Parking. Adequate parking shall be provided for all special event��, -�°���
��.
1. T� '-�� If temporary parking areas are to be used, the a�nlicant must
�re�are and submit a parking layout and circulation plan s�be�re�a�e�
for approval by the towri s traffic engineering division.
2. In temporary parking areas, all parking spaces shall be adequately marked
and dust control measures shall be undertaken �^-���a.
HG. Traffic control. The a�nlicant must �rovide �adequate vehicular access to
the event venue s�� for the general public and emergency
vehicles.
1. If the access points to the event venue mav nresent safetv or capaci
concerns based on the expected
ingress/egress traffic volumes, temporary traffic control measures will be
required.
2. Where temporary traffic control measures are to be employed, a traffic
control plan must be submitted for approval by the towri s traffic
engineering division.
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EXHIBIT A TO MARANA RESOL UTION NO. 2014-025
Amendment to the Marana Town Code, Chapter 10-6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014.008
I�. Sales. All event vendors shall hold a current Marana business license�-�s
�� includin� the applicant if tickets to the event are to be sold.
1. All merchandise and ticket sales are taxable in accordance with the laws of
the state of Arizona.
2. Tickets to an event shall not be sold prior to approval of the special event
permit.
3. All food vendors shall also hold a current countv health de�artment �ermit
for food handling and sales, if rec�uired b���licable countv re�
��4. Insurance. A certificate of insurance and additional insured endorsement,
evidencing insurance in the amounts and t�es determined bv the town and
namin� the town of Marana as additional insured, shall be rec�uired if the
event is being held on town �ro�ert�, such as a town �ark or town ri�ht-of-
�
1. The amount and type of insurance required for a special event shall be
determined bv the town on a case by case basis�e�ke
2. At a minimum� the ap�licant shall �rovide
�roof of commercial �eneral liabilitv of $1,000,000 �er occurrence and
$2,000,000 a�re�at
3. Insurance certificates and endorsements must be provided to the �
e� clerk prior to the event date.
K.Other rec�uirements. A�plicants mav be rec�uired to meet anv other
rec�uirements necessarv to ensure that the snecial event is conducted in a safe
and a�vropriate manner.
SECTION 7. New section 10-6-7 entitled "Permit issuance or denial; request for
additional information; review by town manager" is hereby added to the Marana Town Code as
follows and the sections that follow are renumbered to conform:
10-6-7 Permit issuance or denial; request for additional information; review by
town manager
A. The permit clerk shall respond to the applicant within ten business days of the
submission of a completed application. The permit clerk shall either issue the
requested permit, with or without imposed conditions, request additional
information from the applicant, or deny the permit.
B. The applicant shall provide additional information within five business days
of receipt of a request for additional information from the permit clerk.
C. If the permit is denied, the permit clerk shall provide written notice of the
denial to the applicant. The notice shall include a statement of the reasons the
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EXHIBIT A TO MARANA RESOL UTION NO. 2014-025
Amendment to the Marana Town Code, Chapter 10-6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014. 008
application was denied and may be delivered by first class mail or electronic
mail.
D. If the applicant disagrees with a decision to deny a permit, the applicant may
file a request for reconsideration with the town manager within ten days of
denial of the permit.
1. The town manager or designee shall issue a written decision to the
applicant within five days of the receipt of the request for reconsideration.
2. The decision of the town manager or designee is final and not subject to
any further administrative review.
SECTION 8. Existing section 10-6-5 of the Marana Town Code (renumbered as section
10-6-8 by sections 2, 3 and 7 of this ordinance), is hereby revised as follows with added text
shown with double underlinin� and deletions shown with °*r;'�° ^„* *°°*:
10-6-8 �A-6-� Grounds for denial
. ', The � e� clerk may deny
� a�se �ecial event permit �€ for any of the following reasons
��� _
A�. ��The applicant has failed to meet the conditions imposed pursuant to
this s�chapter, includin� failure to �rovide rec�uested additional information
re�ardin� the event or a�vlication within the time �eriod set forth in this
ch�;
B�. ��The proposed event is intended to be conducted in a manner or
location not meeting the health, zoning, fire or safety standards established by
rules or regulations of the town, the laws of the state of Arizona� or rules and
regulations adopted by any of its agencies, or the town finds that that the
intended activitv would otherwise be detrimental to the health, safe or
welfare of either the �eneral �ublic or of nearbv residents or owners of nearbv
ro er .-
C�. ��The applicant has ��� made any false, misleading or fraudulent
statement of material fact in the application for permit or in any other
document required pursuant to this � cha�ter.,-�
D4. ��The applicant, his or her employee, agent or any person associated
with the applicant as partner, director, officer, stockholder, associate or
manager, has been convicted in a court of competent jurisdiction, by final
judgment, of an offense:
1a. Involving the presentation, exhibition or performance of an obscene
production, motion piciure or play, or of selling obscene matter;
2�. Involving lewd conduct;
3e. Involving the use of force and violence upon the person of another;
4�. Involving misconduct with children; or
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EXHIBIT A TO MARANA RESOL UTION NO. 2014-025
Amendment to the Marana Town Code, Chapter 10-6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014.008
5e. An offense against the provisions of Arizona law respecting narcotics and
dangerous drugs, or of any equivalent offense under the law of any other
state which if committed in Arizona would have been a violation of the
Arizona statutory provisions.
E�. ��The scheduled date of the event conflicts with other previously
scheduled events such that it will result in an undue impact on the towri s
resources and staff.
F The anvlicant is delinc�uent in �avment to the town of taxes fees fines or
venalties assessed a�ainst or im�osed u�on the a�plicant in relation to or
arisin� out of anv business activi ��revious s�ecial event of the a��licant.
G. The a�nlicant has failed to annlv for or obtain all other necessar� �ermits or
licenses for the s�ecial event.
• ...
Y.
SECTION 9. Existing section 10-6-6 of the Marana Town Code (renumbered as section
10-6-9 by sections 2, 3 and 7 of this ordinance), is hereby revised as follows with added text
shown with double underlinin� and deletions shown with °*�'�° ���* *°°*:
10-6-9 �8-6-6 Waivers
At the discretion of the town manager, , application submittal
requirements or permit conditions may be waived.
SECTION 10. Existing section 10-6-7 of the Marana Town Code (renumbered as section
10-6-10 by sections 2, 3 and 7 of this ordinance), is hereby revised as follows with added text
shown with double underlinin� and deletions shown with °*-�'�° ��•* *°�r':
10-6-10 �A-C-� Classification; enforcement; continuinQ �_v_iolations�es
A. Whenever in this cha�ter anv act is �rohibited or declared to be unlawful, or
the doin o� f an�act is rec�uired, or the failure to do anv act is declared to be
unlawful, the violation of that provision is T' ��� a civil infraction
B. This cha�ter mav be enforced in any manner �rovided for by town ordinances
and state laws �^;'„ �-^ �ai ,-^ +�,^ ra;+;,, „� .,, ,.+ �
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C. Each d� violation continues ',
, shall constitute a separate offense.
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EXHIBIT A TO MARANA RESOL UTION NO. 2014-025
Amendment to the Marana Town Code, Chapter 10-6 "Special Events Permit" pursuant to
Marana Ordinance No. 2014. 008
SECTION 11. New section 10-6-11 entitled "Permit revocation; effect of revocation on
prosecution" is hereby added to the Marana Town Code as follows:
10-6-11 Permit revocation; effect of revocation on prosecution
A. In addition to an� other remedv available as a matter of law, violations of this
chapter or of anv vermit conditions mav result in revocation of a s�ecial event
�ermit and the discontinuation or closing of an�pecial event.
B. Revocation of a special event�ermit shall not be a defense a��rosecution.
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