ORDINANCE

City of Albertville
(Official Publication)
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2013 008
AN ORDINANCE AMENDING SECTION 5-5-3 (EXCEPTION; OUTDOOR MUSICAL
PERFORMANCES) OF
CHAPTER 5 (NOISE
CONTROL), TITLE 5 (HEALTH AND SANITATION) OF THE ALBERTVILLE CITY CODE, RELATING TO THE
PERFORMANCE STANDARDS FOR OUTDOOR MUSIC EVENTS
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 5-5-3 (Exception; Outdoor Musical Performances) of Chapter 5 (Noise Control) is hereby amended as follows:
5-5-3: EXCEPTION; OUTDOOR MUSICAL PERFORMANCES: The provisions of section 5-5-1 and subsection 5-5-2E of this chapter do not apply to outdoor musical performances which have a permit approved and issued by the city council.
A. Major Live Outdoor Music Permit. A major live occasional outdoor music event is held at an event venue or other commercial property specifically to provide live or recorded amplified music entertainment to a large assembly of persons. The following criteria shall apply to issuance of a live major outdoor musical performance permit:
1. Any person, organization, and/or entity shall be limited to a maximum of two (2) major permits per year. No commercial property shall host more than three (3) major events in a calendar year.
2. The permit applicant must pay a permit fee as set by the city council by resolution and provide information and/or a plan(s) that demonstrates that the site event will comply with the performance standards of this code.
3. The permit applicant must demonstrate that there will be adequate sanitary facilities for the event.
4. The permit applicant must demonstrate that there will be adequate security and fencing to control access to the event at the location of the outdoor musical performance.
5. The permit applicant must have sufficient off-street parking. The music event shall not occupy required parking for the principal use of the site.
6. The major outdoor musical performance must not interfere with other commercial and governmental activities or with the quiet enjoyment of residential property.
7. The stage, performers, speakers and amplifiers are located three hundred feet (300) from any residence located in a residential zoning district.
8. The stage, speakers, and amplifiers are arranged in a design and manner that does not directly broadcast music at or toward a residence within three hundred feet (300) of the stage.
9. Major outdoor music events shall be allowed between May 15th and October 15th and the live outdoor musical performance shall only occur on the dates and during the hours designated by the city council.
10. Major outdoor music events shall not perform beyond 12:00 midnight.
11. The volume of the outdoor musical performance must be reasonable. The permit holder shall comply with all requests of the Sheriffs Department to reduce volumes to mitigate nuisance complaints. (Ord. 2004-05, 6-7-2004)
12. Failure to abide by these standards or the receipt of nuisance complaints may be grounds for denial of future major outdoor musical permits for the property.
B. Minor Live Outdoor Music Permit. A minor live outdoor music event may be acoustic or amplified, at an established commercial location as only part of a regular business service to its customers. The minor outdoor music event shall be limited in size, location and noise levels to insure compatibility with adjoining land uses and neighborhoods. An annual permit may be issued by the city council for the operation of outdoor live music events in a manner that will not unreasonably disturb the peace, quiet, or comfort of adjoining residential neighborhoods. The following criteria shall apply to the issuance of a minor live outdoor music event permit:
1. The minor live outdoor music event permit may only be issued to commercial properties.
2. The permit applicant must pay an annual permit fee as set by the city council by resolution and provide information and/or a plan(s) that demonstrates that the site event will comply with the performance standards of this code.
3. The permit shall be issued annually for a calendar year. Minor live outdoor music events shall only be allowed between the dates of May 15th to October 15th.
4. The permit applicant shall provide a calendar that identifies the days in the week when minor live outdoor events may occur. The city council, in consideration of the permit, may place limits on the number of minor live outdoor music events. Events outside the approved calendar shall be prohibited.
5. Minor live outdoor music events shall comply with all the stage and performance setbacks of a major outdoor music event, as outlined in Section 5-5-3 of the city code.
6. Minor live outdoor music events shall not perform between the hours of 9:00 PM and 11:00 AM Sunday through Thursday, and 10:00 PM and 11:00 AM Friday and Saturday.
7. The volume of the minor live outdoor music performances must be reasonable so as not to be audible at the shared property line with a residentially zoned property. The permit holder shall comply with all requests of the Sheriffs Department to mitigate nuisance complaints.
8. In review of a minor live outdoor music event permit, the city may impose additional conditions deemed necessary to mitigate nuisance complaints and protect adjoining properties. Such conditions may include, but not be limited to, the following:
a. Limit the days of the week for minor live outdoor music events.
b. Restrict the hours of the minor live music event beyond those stated in Section 5-5-3.M.5 of this code.
c. Limit the size and location of minor live outdoor music events.
d. Limit amplification or type of instruments (i.e., prohibit percussion instruments or brass wind instruments).
9. Failure to abide by the standards and conditions of the minor live outdoor music event permit or the receipt of nuisance complaints may be grounds for denial or revocation of the minor live outdoor music event permit for a property.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this 16th day of September, 2013.
__________________________
Jillian Hendrickson, Mayor
__________________________
Kimberly A. Olson, City Clerk

9/26/13, North Crow, Ordinance 2013-008

Comments Closed

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