AN ORDINANCE OF
THE BURNS HARBOR TOWN COUNCIL AMENDING THE TOWN OF BURNS HARBOR ZONING CODE
WHEREAS, the Town
of Burns Harbor is authorized by Indiana law to issue regulations to promote
the public health, safety and welfare of the community; and
WHEREAS, the Town
has adopted a Zoning Code pursuant to Ind. Code 36-7-4 and set forth in
Chapter 15 of Town Code, which Zoning Code sets forth regulations on the use
of property located within the Town; and
Town’s Advisory Plan Commission has initiated a proposal to amend the Zoning
Code by regulating the use of property for the purpose of large assemblies
of persons which assemblies have the potential of endangering the public
health, safety and welfare of the community through increased traffic and
noise levels; and
Advisory Plan Commission has held a public hearing on the proposal, which is
in the form of an Ordinance amending the Town’s Zoning Code; and has
recommended the adoption of the amendment as being consistent with the
factors set forth in Indiana Code 36-7-4-601 and has certified the following
proposal to the Burns Harbor Town Council pursuant to Indiana Code
Burns Harbor Town Council, having reviewed all matters, now concurs that the
adoption of an Ordinance regulating such uses of property is advisable,
necessary and in the best interest of the residents of the Town of Burns
Harbor in accordance with Indiana Code 36-7-4-607.
be it and it is hereby ordained by the Town Council of the Town of Burns
Harbor as follows:
There shall be added to Chapter 15 of the Burns Harbor Town Code the
following Section 15, which shall read as follows:
following definitions shall apply to this Section:
mean any show, concert, or gathering of any nature, for which one hundred
(100) or more persons are present which charges admission to attend or enter
the event or at which alcoholic beverages will be sold.
refer to the area within the incorporated town limits of the Town of Burns
Harbor, as may change from time to time.
mean the document issued by the Town of Burns Harbor’s Police Department,
which allows the applicant to carry on or transact an event approved under
mean an individual, partnership, corporation, or any other association of
individuals, partnerships or corporations who has been issued a permit
pursuant to this Section.
have the meaning set forth in 15-2-2(153) of this Ordinance.
mean a parcel of land with a continuous boundary, whether publicly or
privately owned, occupied, or possessed for which activities permitted under
this Section shall be permitted.
person shall conduct, maintain, operate, promote, organize, manage,
advertise, or sell or give tickets of admission to any Assembly; except
pursuant to a valid permit issued under this Ordinance.
Applications for a permit shall be made in writing to the Town of Burns
Harbor Clerk-Treasurer on the appropriate form and shall be subject to the
approval by the Town Council. Applications shall be verified under oath, are
subject to the penalty of perjury, and must be accompanied by the
appropriate permit fee, insurance and/or investigative fee, as required by
this Ordinance. The applications must be received at least forty-five (45)
days prior to the date of the event.
application must include the following:
The full name,
age, residence, and mailing address of the applicant; including the names
and addresses of all partners if the applicant is a partnership, or the
names and addresses of all officers and all persons owning more than a ten
percent (10%) stock or member interest, if the applicant is a corporation or
limited liability company.
description and common address of the premises upon which the assembly will
occur, together with the names and mailing addresses of all persons owning
an interest in the premises, stating the nature of the interest and
identifying the size of the premises on which the assembly will occur.
The nature and
purpose of the assembly, the proposed dates and times during which the
assembly will be conducted, and a detailed statement of the manner in which
it will be conducted.
number of persons that the applicant will permit to assemble on the premises
at any time during the assembly.
The plans of the
applicant to limit and control admission to the premises to the maximum
number of persons permitted.
A description of
the existing infrastructure, together with plans for the proposed
construction and management of sewage, garbage and waste disposal; the
source of water supply and plans for water distribution; the provision and
management of health care services; the methods of fire protection; the
means and plans for emergencies and emergency evacuation and traffic control
to be implemented during the assembly and approved by the Town of Burns
Harbor Fire Chief.
location, and power levels of amplifiers and speakers, and the plans for
sound control during the assembly, if applicable, identifying the inclusive
times during which music will be played or loudspeakers will be in use.
method of lighting to be used during the assembly, and plans for lighting
control during the assembly, if applicable.
Plans for the
maintenance of security and order on the premises, including the proposed
number, deployment, and hours of availability of security by a sworn police
officer. It shall also be required that one such officer for every fifty
(50) persons on the premises be provided prior to, during, and immediately
after the close of the assembly, at the applicant’s sole expense.
Plan for the
preparation and distribution of food and refreshments on the premises, along
with a copy of the appropriate health department permit.
communications to the premises are made reasonably available to persons
attending the assembly, and also to law enforcement and security personnel,
and agents of the County.
A list of
adjoining property owners within five hundred (500) feet of the property
intended to be used for the assembly.
liability insurance in an amount not less than $1,000,000.00 of liability
insurance, issued by a company acceptable to the Town of Burns Harbor,
Indiana, in favor of the applicant and naming the Town of Burns Harbor as an
A permit fee for
the purpose of defraying the costs of administration in reviewing the permit
application as set forth in section 15-15-5(B).
application for an assembly pursuant to the terms and provisions of this
Ordinance shall be reviewed and approved in the following manner:
with all other required documents shall be submitted to the Town
A permit fee
shall be paid based upon the following schedule:
attendees Permit fee
More than 100 but
less than 1,000 $100
More than 1,000
but less than 2,000 $200
More than 2,000
but less than 5,000 $300
More than 5,000
but less than 10,000 $400
10,000 or more
Clerk-Treasurer shall deliver a copy of the application to the Town Marshal,
the Town Fire Chief, the Town Street Commissioner, and each member of the
The Town Marshal,
the Town Fire Chief, and the Town Street Commissioner shall, within ten (10)
days of receipt of said application, investigate the adequacy of the plans
of the applicant and be prepared to make recommendations with respect to
said plans to the Town Council.
Clerk-Treasurer shall schedule the applicant and the application on the
agenda of the next meeting of the Town Council, which will occur more than
fifteen (15) days after submission of the application. The applicant shall
provide notice that the application will be heard by the Town Council to the
adjoining property owners listed by the applicant in accordance with Section
15-15-3(B)(12) and shall present proof of such service to the Town Council.
The Town Council
shall discuss the application with the applicant at its next Town Council
meeting scheduled for more than fifteen (15) days after submission of the
application and either approve the application as submitted, approve the
application as modified, or reject the application.
provisions of this Ordinance shall not apply to any indoor or outdoor
assembly at an established and permanent stadium, banquet hall, auditorium,
arena, or place of worship.
SECTION TWO. This
Ordinance shall be in full force and effect after its adoption and
publication as required by law.
ALL OF WHICH IS
PASSED AND ADOPTED BY THE BURNS HARBOR TOWN COUNCIL THIS 8th DAY OF June,
R. Michael Perrine
James P. McGee
T. Clifford Fleming
(June 17, 2011)