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HomeMy WebLinkAboutOrd 2597 10/21/1975 /] ,I I I, f " 11 Ii I I i I Ii ~ ~ I ~ \ ~ ! ~ II !i , I II !! I! II ~ " ! r ORDINANCE NO. 2597 AN ORDINANCE ESTABLISHING ARTICLE XII TO CHAPTER 24 OF THE MUNICIPAL CODE I / BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAG1 OF ]\,fOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECT~gN ONE: That, pursuant to the power and authority given Home Rule units in Article VII of the 1970 Constitution of the State of Illinois, Chapter 24 of the IVIu ic pal Code of Mount Prospect of 1957, as amended, be and the same is hereby furth amended by adding thereto a. new and an additional Article, to be known as Articl XII -- which Article XII shall concern itself with the regulation of mass gathering...; so that hereafter the said Article XII of Chapter 24 (Miscellaneous Regulations) sh 11 be ard read as follows: "ARTICLE XII. MASS GATHERINGS n !i !l II IH I SECTION 24.1201. Definitions of Words and Phrases. Whenever in this Article the follovling words and phrases are used, they shall, for the pur- poses of this Article, have the meanings respectively ascribed to them in this Article, except when the context otherwise indicates. A. Mass GatherL2.[. Within the corporate limits of the Village of Mount Prospect, any public gathering of people numbering 5,000 or more, whether such gathering is indoors or outdoors, or a combination of both, and which continues for at least eight (8) hours at the site of such gathering. II 1.1. l i j ~ H Ii B. Department. The Police Department of the Village of Mount Prospect. C. Promoters. Any person, partnership, association, or corporation, their officers, agents and employees who take the preliminary steps in a scheme or undertaking for the organization of carrying out of a mass gathering or business project; including but not limited to the financial responsibility of contracting with the principals, renting the site, and/or collecting gate receipts. ! I ! ~ , SECTION 24.1202. Permit Required - Bond - Insurance- Exemptions. Except as otherwise provided in this Article, no mass gathering may be set up, held or promoted unless a written permit has been obtained from the De- partment by such promoters at least sixty (60) days in advance. No such permit may be issued by the Department until bond has been posted and evi- dence of insurance furnished as provided in Sections 24.1205 and 24.1206 and the approval of the Department has been obtained as provided in Section 24.1204 hereof. This Article does not apply to: A. A mass gathering which is conducted or sponsored by a governmental unit or agency; or a mass gathering legally held on publicly owned land or property; or B . A mass gathering conducted entirely within a permanent structure. SECTION 24.1203. Application for Permit. A. In order to obtain a permit to set up, hold or promote any mass gather- ing, the promoters must file a written application under oath on a form prescribed and furnished by the Department stating that the location and activities of the mass gathering will not violate any Village zoning or !I I ' health ordinance applicable thereto and that during the time and at the place where such mass gathering is to be held there will be provided suitable and adequate sanitary accommodations, medical facilities, water supplies, safe and wholesome food, land space, .access and departure II routes, and protection from bodily harm for those expected to attend such I! mass gathering. ,I If 1. Such application shall also state that the officials of the Department, the Health Department, the Department of Building and Zoning, the Fire Prevention Bureau, and/or the Department of P\:blic Vlorks of the Village of Mount Prospect are guaranteed free and open access to all areas of the grounds, buildings, offices, or other facilities of the mass gathering for the purpose of inspection to insure compli- ance with this Article and the rules and regulations promulgated hereunder. ~ Ii I p I 2. Ii d I' 3. Such application shall also contain a provision that the prcmoters agree to the payment of the expenses provided for in Section 24.1207 of this Article. The Department shall require the promoters to submit such plans, specifications, and reports in connection with such application as it may deem necessary for acting upon the application. II h Ii I' 4. Any such application shall be acted upon by the Department within thirty (30) days after receipt thereof. 5. The applL:ation prescribed by the Department shall include: a. The identity of the promoters and the location on ,o.,'hich the mass gathering is to be conducted; b . The nature or purpose of the mass gathering; II I I I II I I c. The maximum number of persons which the promoters plan to permit to assemble at any time and the maximum number of tic- kets to be sold or given, if any; and d. Such additional information as the Department may require in determining compliance with the provisions of this Article and the rules and regulations adopted hereunder. B. Each application submitted under this Section shall be accompanied by an application fee of One Hundred ($100) Dollars. II II II I SECTION 24.1204. Review of AI?plication. The Department shall review each application with respect to its rules and regulations relating to land space, access and departure routes and protection from bodily harm and shall within twenty (20) days following receipt approve or disapprove the application and furnish the applicant with a written copy of its findings. SECTION 24.1205. Bond. No permit may be issued under this Article until the promoters have executed and filed a performance and payment bond with the Department in such form and amount, not less than $50,000 nor more than $300,000, and with such surety as the Department may require. Such bond shall be conditioned on the promoters' faithful performance of the require- ments for issuance of a permit stated in Section 24.1203 and for the payment of expenses provided for in Section 24.1207. I' ~ ~ ,! Ii.. I II II SECTION 24.1206. Evidence of Insurance. Before issuance of a permit the Department shall also require the promoters to furnish evidence of insurance of a character and amount and in such form as may be determined by the De- partment to provide for the ayment of any claims for personal injuries (in- cluding death) , property dai11age or other suits arising out of or connected with such mass gathering. SECTION 24.1207. Expense of Police or Guardsmen for Control of:Trl~Jf'ic and Persons. Any expenses resulting from the use of a reasonable number ;f persons employed by the State of Illinois or Village of Mount Prospect or members of the Illinois National Guard for the control of traffic and persons attending the mass gathering or for the enforcement of laws in connection therewith shall be paid by the promoters to each law enforcement agency incurring such expenses. SECTION 24.1208. Failure to Perform Conditions or Pay Expenses. A. If the promoters fail to substantially perform the requirements for issu- ance of a permit stated in Section 24.1203 or fail to pay the expenses pro- vided for in Section 24.1207 hereof, the Department shall mail written no- tice of the violation to the promoters. II I I I 1. Such notice shall state in general terms the nature of th: violation and indicate that an action seeking forfeiture of the bond provided for in Section 24.120~1 of this Article may be commenced at any time after ten (10) days unless a written request for a hearing on such violation is filed with the Chief of the Department by the promoters within the ten (10) day period. I I I I 2. If the promoters fail to make such request, or after a hearing is con- cluded, the Department may either withdraw notice of the violation. or the Village Attorney of the Village of Mount Prospect may institute suit upon the bond to recover the full amount thereof. B. The amount recovered shall be used for the payment of any expenses provided for in Section 24.1207 of this Article, and the remainder, if any, deposited in the general fund of the Village Treasury . SECTION 24.1209. Denial of Permit. If a permit is denied, a notice stating the reasons therefor shall be mailed to the applicant within five (5) days of such action. A. If a permit is denied, the applicant may request a hearing to consider the denial of the permit. B . Such hearing shall be conducted in accordance with procedures adopted by the Department, a copy of which shall be provided to any applicant who requests a hearing. II !I I I II I') SECTION 24.1210. Rules and Regulations. The Department may make such reasonable rules and regulations as may be necessary to carry out the pro- visions of this Article. -3- .1 III il I" II SECTION 24.1211. Failure to Comply with Rules and Regulations. A. Any person who sets up, holds or promotes a mass gathering without first obtaining a permit from the Department, or who fails to comply with the rules and regulations promulgated under this Article is guilty of a misdemeanor. Each day's violation constitutes a separate offense. II II :1 II 'I II h II Ii I B. Every person convicted of a misdemeanor for a violation of any of the provisions of this Article shall be punished by a fine of not less than One Hundred ($100) Dollars nor more than Five Hundred ($500) Dollars. SECTION 24.1212. Severability. If any part or pal'ts of this Article shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Article. The Board of Trustees here- by declares that it would have passed the remaining parts of this Article if it had known that such part or parts thereof we uld be declared unconstitu- tional. II I'ECTION T~VO: That this Ordinance shall be in full force and effect from and after I. ts passage, approval, and publication in the manner provided by law. !l.YES: f~AYS: I I i. AS~:'ED this I 5 o 21st day of October , 1975. PPROVED this 21st day of October , 1975. i I' I ~ ~~L~..#' Village President :..TTEST: JJ~ tv Tillage Clerk I I, II II II I -4-