THE VILLAGE OF
ORDINANCE NUMBER 10-35
Amending Ordinance 01-35
AN ORDINANCE RELATING TO OUTDOOR
ENTERTAINMENT; VILLAGE PERMITS FOR OUTDOOR ENTERTAINMENT; PROVIDING FOR
PENALTY.
WHEREAS,
the Village desires to promote the health, safety and welfare of its
residents and guests; and
WHEREAS,
outdoor public celebrations and events promote tourism and provide
recreational opportunities for the residents and guests of the Village; and
WHEREAS, outdoor celebrations and events
need to be properly controlled to ensure the health, safety and welfare of the
participants and the general public.
BE IT ORDAINED BY THE GOVERNING BODY
OF THE VILLAGE OF
1.
Permit
Required for Outdoor Entertainment: Pursuant to the Village’s statutory authority
under NMSA 1978, § 3-18-17 to define and abate a nuisance and to regulate or
prohibit any amusement which tends to annoy persons on a street or public
ground and the authority under NMSA 1978, § 3-18-17 to preserve peace and order
within the municipality:
a.
Persons desiring
to sponsor, promote or put on any sort of event which includes outdoor
entertainment of any kind which is open to the public and is for 50 or more
participants shall, not less than 14 days prior to the planned event, make
application to the Village of Taos Ski Valley for approval of a permit allowing
the entertainment.
b.
Such application
shall be on a form provided by the Village and shall include the date of the
event; the beginning and ending times of the event; the location of the event;
the size of the event (number of participants and/or spectators expected); the
purpose of the event; and a description of the event or entertainment to be
provided. The applicant may be required
to consult with the Village Administrator, Village Marshal, Village Fire Chief
and Director of EMS Services or their designees after submitting an application
regarding appropriate plans for the event.
A diagram of the premises showing the location of
activities, emergency access and a description of how access to the event is to
be controlled shall be provided. If
alcoholic beverages are to be served, the identities of both the sponsor of the
event and the alcoholic beverage licensee who will cater the event shall be
provided. A picnic liquor license for
the event may be required.
c.
The application
shall be accompanied by a cashier’s check in the currently required amount or
other equivalent security as a guarantee of compliance with Section 4.e.,
Cleanup of Area, of this Ordinance.
d.
In determining
whether to issue the permit, the Village
Administrator, Village Marshal, Village Fire Chief and Director of EMS Services
shall consider:
i.
the loudness of
the entertainment;
ii.
necessary
sanitary facilities required for the event;
iii.
the proposed
times during which entertainment will be provided; and
iv.
the location of
the event in relation to residential areas and commercial establishments.
v.
other factors
associated with public health and welfare, security and safety of the event
participants and the general public.
e.
The Village may
issue one permit allowing multiple entertainments for a period of up to one
year.
2.
Appeal: If the
Village Administrator denies a permit application, the applicant may appeal the
decision to the Village Council. Such an
appeal hearing shall be held at the next regular Village Council meeting or
such other time as deemed appropriate by the Village Council.
3.
Penalties: Should a
permit applicant fail substantially to adhere to the plan on which permit
approval was based, the Village Marshal may order the event or function
terminated immediately on notice to the permittee. Any person who violates this Ordinance or
fails to follow the plan upon which the permit is based shall be subject to a
fine not to exceed $500.00 and imprisonment for not more than 90 days or both.
4.
Standards: Each special
event shall meet the following standards:
a.
Sanitary
Facilities: All special events shall have an adequate
number of sanitary facilities.
Facilities in adjacent buildings may be used with the written consent of
the property owner if, during the event, the exterior of the building is
clearly marked to show the availability of facilities. Portable outdoor toilets may be used if the
Village approves their use and location.
b.
Waste
Receptacles: Adequate waste receptacles shall be provided
at the sponsor’s expense. The number of
receptacles shall be subject to approval by the Village.
c.
Access for
Emergency Vehicles: All special events shall have adequate access
for emergency vehicles as approved by the Village.
d.
Compliance
with Other Regulations: All special events must meet all other
applicable Federal, State and local codes and ordinances.
e.
Cleanup of
Area: The person obtaining the permit for an
outdoor special event shall be responsible for the cleanup of the area used by
the event, plus the public rights-of-way within 150 feet of that area, within
48 hours of the close of the event.
f.
Liability
Insurance: All special events shall provide
comprehensive public liability insurance with limits of liability of not less
than $1,000,000 combined single limit.
The Village shall be a named insured for the duration of the event. Coverage shall include liquor legal liability
if alcoholic beverages are to be served.
The Village Administrator may permit reduced or no coverage if he finds
that the public safety and welfare will not be jeopardized by this reduced
coverage. The Village Administrator
shall advise the Village Council in writing of all pertinent facts when a
reduction or waiver is granted.
5.
Special
Events with Alcoholic Beverages: All special events where alcoholic beverages
are served shall be subject to the following additional requirements:
a.
All events
serving alcoholic beverages must also serve food, water and nonalcoholic
beverages at least equally available with the alcoholic beverages.
b.
Events serving
alcoholic beverages outdoors shall serve beverages only in paper or other
biodegradable cups. Service of alcoholic
beverages or other beverages in plastic, metal or glass containers is
prohibited, unless the applicant provides an approved recycling plan.
c.
Events serving
alcoholic beverages outdoors shall control access to the event by means of
fencing or other adequate security measures which have been approved by the
Village.
6. Severability: It is the intention of the Village of Taos Ski Valley that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Village of Taos Ski Valley that if any
provision of this ordinance be declared to be invalid, all other provisions thereof shall remain valid and enforceable.
7.
Effective
Date: This ordinance shall be in full force and effect from and after its
passage, approval, and publication according to law.
PASSED, APPROVED AND ADOPTED this ___ day of _____________,
2009.
Vote: For _______
Against _______
___________________________________
Mayor
ATTEST:
____________________________
Village Clerk