Loading...
HomeMy WebLinkAboutOrdinance 2007.018 Amending title 10 of the town code relating to special eventsF F. ANN RODRIGUEZ, RECORDER RECORDED BY: C V P Of P DEPUTY RECORDER V 1016 PE1 SbMRA *,-4 TOWN OF 14ARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 DOCIKEI : 13116 PAGE: 2439 NO. OF PAGES: 2 SEQUEN CE: 20071550574 08/10/2007 ORDIN 15:47 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2007.18 RELATING TO HEALTH AND SANITATION; ESTABLISHING PROCEDURES FOR PERMITTING OF SPECIAL EVENTS; AMENDING MARANA TOWN CODE TITLE 10 BY ADOPTING SECTION 10-6; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS while special events conducted within the Town can enrich the quality of life within a community and add to the community's economic prosperity, they also can pose public health, safety and welfare concerns for the participants and nearby property owners; and WHEREAS the Town reviews and issues permits for the conduct f events when public safety is potentially impacted; and WHEREAS the Marana Town Code Title 10, Health and Sanitation, provides general regulations for the control of health, safety and welfare of activities conducted within the Town of Marana; and WHEREAS Arizona Revised Statutes Title 9 and Title 36 authorize the Town and its appropriate officers to regulate activities which may affect the health, safety and welfare of the public; and WHEREAS the Town Council held a public presentation of the pro Osed Special Events Ordinance on July 24, 2007, to obtain input from the Town Council and the ublic on the proposed ordinance; and WHEREAS the Mayor and Council find that approval of the propose? amendment is in the best interests of the residents and businesses of the Town of Marana. I NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council fthe Town of Marana Arizona, as follows: , Section 1: Title 10 of the Marana Town Code is hereby amended b y adding Section 10-6 Special Events Permit, three copies of which are on file in the office of the To , wn Clerk of the Town of Marana, Arizona, having been declared a public record by adoption of Re solution 2007-135. Section 2: Title 10 of the Town Code is hereby amended by a d ding the new text as presented by staff. Section 3: The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Code. Marana Ordinance No. 2007.18 Page I of 2 Section 4: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. Section 5: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Section 6: This ordinance shall become effective on the 7th day of August, 2007. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona. this 7th day of August, 2007. ATTEST: ?celyn lCronson, Town Clerk ?nClerk APPROVED AS TO FORM: 44--' RV r Xank C Cassidy,ttAttorney Mayor Ed HONEA Marana Ordinance No. 2007.18 Page 2 of 2 Chapter 10-6 SPECIAL EVENTS PERMIT Section 10-6-1 Purpose; definitions A. 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, provide for the health safety and welfare of the public and assist the town and its appropriate officers in enforcing the applicable provisions of A.R.S. title 9 and title 36. B. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 1. "Special event" a. Means any public or private function which: i. Requires temporary parking areas; or ii. Is held in a public park or on public right of way; or iii. Has amplified music or voices which can be heard outside of the event location; or iv. Requires temporary traffic control to provide for safe ingress or egress to the event venue; or v. Requires a special event liquor license; or vi. Requires temporary sanitation facilities; or vii. Requires the installation of temporary structures or tents of more than 120 square feet; or viii. Has other adverse impact on public health, safety and welfare. b. Shall not include: i. School functions at school facilities, unless spillover (as defined below) is anticipated; or ii. Ordinary and customary events at a venue designed to accommodate them. 2. "Major event" means a special event where: a. Extra-duty law enforcement officers or other security services are used; and b. Temporary traffic control is used. 3. "Spillover" occurs when participants of, or spectators to, a special event congregate on, park, or move to any property or right of way not associated with the event venue. Section 10-6-2 Permit required Any 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 (00005626.DOC /) - 1 - 8/6/2007 12:27 PM 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. Section 10-6-3 Application process A. Written application to the town clerk must be submitted at least 30 days before the first day of the proposed special event. Applications for a major event must be submitted at least 60 days in advance of the first day of a proposed major event. B. Any person desiring to operate a special event shall file a written application with the town clerk, which shall contain the following facts and information: 1. The name, age, residence and mailing address of the person making the application. 2. The address or legal description and present zoning 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, entertainment, and type of retail sales if applicable. 4. The dates 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. C. Upon receipt of the application, the town clerk shall circulate the application for review by the following town departments: public works, police, building services, planning, town attorney, parks and recreation, and town manager; and by the Northwest Fire District. These departments shall review the application and may impose conditions related to the potential impact of the event upon the town's resources and pursuant to section 10-6-4 of this chapter. D. The town clerk shall respond to the applicant with an approval, approval with conditions, denial or request for additional information within ten business days of the submission of application. E. The applicant shall demonstrate adherence with all conditions or requests for additional information no later than ten days prior to the event and no permit shall be issued until this has been done. Section 10-6-4 Conditions A. Noise Standards. It shall be unlawful for any person, entity or operation at any special event to create any amplified noise, or to allow the creation of any amplified noise, which causes the noise level measured on any residential property outside of the special event venue to exceed the noise standards found in table 1, section 11 -5-3(D). B. Sanitation. (00005626.DOC /) -2- 8/6/2007 12:27 PM 1 . The applicant shall provide and maintain toilet and hand washing facilities that are adequate for the anticipated maximum attendance and event duration as directed by the town clerk. 2. The applicant shall provide and maintain an adequate number of trash receptacles as directed by the town clerk. 3. All food vendors shall comply with the requirements of the county health department for permits and food handling practices. C. 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. 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. 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. If extra-duty law enforcement will be used, the town will coordinate the hiring of officers and the security plan preparation. D. Medical services. The applicant may be required to furnish medical services to the event. 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. In the event medical services are used at the event, the medical services plan shall be approved by the chief of police and Northwest Fire District. E. Lighting. Events which will take place or where attendees may still be present after dark will be required to provide adequate illumination of all use areas, sanitation facilities, parking areas and areas of pedestrian travel. If lighting is required for the event, a lighting plan shall be submitted to the town's building official to ensure compliance with the title 18 of the land development code: outdoor lighting. F. Parking. Adequate parking shall be provided for all special events, without spillover. In the event temporary parking areas are to be used, a parking layout and circulation plan shall be prepared and submitted for approval by the town's traffic engineering division. In temporary parking areas, all parking spaces shall be adequately marked and dust control measures shall be performed. G. Traffic control. Adequate access to the event venue shall be required for the general public and emergency vehicles. If the access points to the event venue do not have adequate capacity for the expected ingress/egress traffic volumes, temporary traffic control measures will be required. Where temporary traffic control measures are to be employed, a traffic control plan must be submitted for approval by the town's traffic engineering division. H. Appropriate zoning. The venue for a special event shall have the appropriate zoning for the proposed event. 1. Signage. All signage to be employed in the advertisement of the special event shall be in compliance with title 16 of the land development code: signage, and is subject to approval by the planning director. J. Sales. All event vendors shall hold a current Marana business license. This includes the applicant if tickets are to be sold. All merchandise and ticket sales are taxable in fOO005626.DOC /} -3- 8/6/2007 12:27 PM accordance with the laws of the state of Arizona. Tickets to an event shall not be sold prior to approval of the special event permit. K. Insurance. The amount and type of insurance required for a special event shall be determined on a case by case basis, based upon the recommendation of the Arizona Municipal Risk Retention Pool or other insurance provider to the town. The applicant shall provide at a minimum $1,000,000 in liability insurance and name the town as an additional insured. Insurance certificates must be provided to the town clerk prior to the event date. Section 10-6-5 Grounds for denial A. After reviewing the application material, the town clerk may deny issuance of a license if any of the following apply: 1. That the applicant has failed to meet the conditions imposed pursuant to this subchapter; 2. That 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; 3. That the applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit or in any other document required pursuant to this section; 4. That 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: a. Involving the presentation, exhibition or performance of an obscene production, motion picture or play, or of selling obscene matter; b. Involving lewd conduct; c. Involving the use of force and violence upon the person of another; d. Involving misconduct with children; or e. 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. 5. That the scheduled date of the event conflicts with other previously scheduled events such that it will result in an undue impact on the town's resources and staff. B. Where the application is denied, the town clerk shall mail to the applicant written notice of denial within three days of the action. The notice shall include a statement of the reasons the application was denied. The applicant may request a review of this denial by the town manager who will schedule a meeting during which the applicant may present evidence in support of the application. Section 10-6-6 Waivers At the discretion of the town manager, or designee, application submittal requirements or permit conditions may be waived. (00005626.DOC 4 -4- 8/6/2007 12:27 PM Section 10-6-7 Violations, penalties A. It shall be a civil violation of this code to conduct a special event without a permit. B. Failure to adhere to the conditions of a special event permit shall be a misdemeanor offense. C. Each violation of the conditions of a special event permit, or the provisions of section 10-6-4, shall constitute a separate offense. D. A person convicted of a violation of this chapter shall be guilty of a class 2 misdemeanor, punishable in accordance with the laws of the state of Arizona. (00005626.DOC /) -5- 8/6/2007 12:27 PM L OFFICIAL RECORDS OF WHEN RECORDED, RETURN TO: 18 75 PINAL COUNTY RECORDER TOWN OF MARANA > LAURA DEAN-LYTLE ATTN: TOWN CLERK 11555 W CIVIC CENTER DRIVE ... MAP,ANA:, ARIZONA 85653 DATE/TINE: 08/27/07 1230 FEE: $12.00 PAGES: 2 FEE NUMBER- 2007-097686 MARANA ORDINANCE NO. 2007.18 RELATING TO HEALTH AND SANITATION; ESTABLISHING PROCEDURES FOR PERMITTING OF SPECIAL EVENTS; AMENDING MARANA TOW-N CODE TITLE 10 BY ADOPTING SECTION 10-6; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS while special events conducted within the Town can enrich the quality of life within a community and add to the community's economic prosperity, they also can pose public health, safety and welfare concerns for the participants and nearby property owners; and WHEREAS the Town reviews and issues permits for the conduct of events when public safety is potentially impacted; and WHEREAS the Marana Town Code Title 10, Health and Sanitation, provides general regulations for the control of health, safety and welfare of activities conducted within the Town of Marana; and WHEREAS Arizona Revised Statutes Title 9 and Title 36 authorize the Town and its appropriate officers to regulate activities which may affect the health, safety and welfare of the public; and WHEREAS the Town Council held a public presentation of the proposed Special Events Ordinance on July 24, 2007, to obtain input from the Town Council and the public on the proposed ordinance; and WHEREAS the Mayor and Council find that approval of the proposed amendment is in the best interests of the residents and businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: Title 10 of the Marana Town Code is hereby amended by adding Section 10-6, Special Events Permit, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, having been declared a public record by adoption of Resolution 2007-135. Section 2: Title 10 of the Town Code is hereby amended by adding the new text as presented by staff. Section 3: The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Code. Marana Ordimnce No. 2007.18 Page 1 of 2 Section 4: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or .0. ;+1, "k- -visions of this Ordinance are hereby repealed, motions of the Council in con ct , F effective as of the effective date of this Ordinance. Section 5: If any section, subsection, sentence, Clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Section 6: This ordinance shall become effective on the 7h day of August, 2007. PASSED AND ADOPTED by the Mayor and Council of the Town of Maran Arizona,this 7th day of August, 2007. rrucrp Mayor ED HONEA V4iocel. Bronson, Town ?Clerk PROVED AS T OU FORM: .. ara Cassi y, T n Attorney #* OF 41 0 w R P .0001 Marana Ordinance No. 2007.18 Page 2 of 2