ORDINANCE 243-2011

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

WHEREAS, the 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

WHEREAS, the 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 36-7-4-605; and

WHEREAS, the 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.

NOW, THEREFORE, be it and it is hereby ordained by the Town Council of the Town of Burns Harbor as follows:

SECTION ONE. There shall be added to Chapter 15 of the Burns Harbor Town Code the following Section 15, which shall read as follows:

15-15-1. The following definitions shall apply to this Section:

“Assembly” shall 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.

“Town” shall refer to the area within the incorporated town limits of the Town of Burns Harbor, as may change from time to time.

“Permit” shall 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 this ordinance.

“Permittee” shall mean an individual, partnership, corporation, or any other association of individuals, partnerships or corporations who has been issued a permit pursuant to this Section.

“Person” shall have the meaning set forth in 15-2-2(153) of this Ordinance.

“Premises” shall 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.

15-15-2. No 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.

15-15-3. (A) 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.

(B) The 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.

A legal 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.

The maximum 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.

The number, 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.

The proposed 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.

Plans for 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.

Proof of 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 additional insured.

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).

15-15-5. An application for an assembly pursuant to the terms and provisions of this Ordinance shall be reviewed and approved in the following manner:

The application with all other required documents shall be submitted to the Town Clerk-Treasurer.

A permit fee shall be paid based upon the following schedule:

Number of 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 $500

The 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 Town Council.

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.

The 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.

15-15-6. The 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, 2011.

R. Michael Perrine

James P. McGee

T. Clifford Fleming

Toni Biancardi

ATTEST: Jane Jordan, Clerk-Treasurer

(June 17, 2011)