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OUTDOOR RECREATIONAL PERMITS
(A) It shall be unlawful, without first obtaining a permit from the city’s Zoning Board of Appeals, for any person or firm to conduct or to take part in, or for the landowner of any private land to permit upon his or her land, any outdoor recreational event, carnival, circus, sideshow, public game, or ride, whether given with or without charge, if the purpose of the activity is the advertising of or promoting for sale any goods, wares, or merchandise or for the purpose of promoting a shopping area.
(B) Any cease of operations order issued under the provisions of this ordinance will include a penalty in an amount as established by resolution of the City Council.
(C) Permit for any of these activities shall be known as an “outdoor recreational permit.
All applications for an outdoor recreational permit under this ordinance shall conform to the requirements set forth in the city’s zoning ordinance, Chapter 157 of this code, as amended, for applications to the Zoning Board of Appeals, including form, signatures, and notice requirements, and to the rules and regulations of the Board of Appeals relating thereto.
(A) The Zoning Board of Appeals shall as a condition of issuance of permit require the applicant for an outdoor recreational license to comply with the following requirements in addition to other requirements as shall be imposed by the city’s zoning ordinance, Chapter 157 of this code, as amended, relating to these permits.
(B) (1) The applicant shall present to the Board of Appeals, at the time of application, public liability insurance by a company authorized to do business in this state providing minimum liability coverage in the following amounts and naming the city as one of the protected parties:
(a) Property damage: as set by the City Council, and amended by resolution from time to time; and
(b) Bodily injury: as set by the City Council, and amended by resolution from time to time .
(2) The applicant shall show that provisions have been made during the proposed times of the activity for:
(a) Adequate security and traffic control;
(b) Adequate pollution control, self-contained public sanitary facilities, and dust control, and complete removal of all sanitary facilities and evidence thereof after the completion of the activity;
(c) Adequate potable water available to the public for drinking water purposes while in attendance at the activity;
(d) Daily cleanup of all rubbish, papers, and garbage, and daily removal from the site, including the papers and rubbish blown from the activity site upon adjacent public or private lands;
(e) Complete cleanup of grounds and restoration to original appearance within 2 days after the activity closes;
(f) Other reasonable regulations or alternative regulations as shall be established by the Board of Appeals to ensure the reasonable protection of the public health, safety, and welfare.
In the event the City Building Inspector shall find that the activity is violating any of the conditions imposed upon the activity, or if the activity shall have failed to comply with those conditions, then the Inspector may immediately order the permit cancelled, suspended, or revoked and the activity closed forthwith, which shall remain closed until such time as compliance with the conditions has been effected or until the applicant shall have requested and obtained a special meeting of the Board of Appeals and paid the cost thereof and obtained a waiver of the conditions from the Board of Appeals. Any request for a special meeting of the Zoning Board of Appeals shall be accompanied by the payment of the fee for a special meeting of the Zoning Board of Appeals. At that hearing the Board of Appeals may order the permit cancelled, revoked, or suspended until the conditions are complied with or may order the permit reinstated.
(A) Administrative approvals (rather than Zoning Board of Appeals approvals) may be issued for any person or firm to conduct or to take part in, or for the landowner of any private land to permit upon his or her land, any outdoor recreational event, carnival, circus, sideshow, public game, or ride, whether given with or without charge, if the purpose of the activity is the advertising of or promoting for sale any goods, ware, or merchandise, or for the purpose of promoting a shopping area if the outdoor recreational event meets the following requirements:
(1) The event has been approved by the Zoning Board of Appeals on at least 1 prior occasion within the past 5 years.
(2) The approved event did not experience issues involving health or safety in any of the prior occasions when the event was held, as indicated by written statements submitted by the applicant from representatives of the City of Burton Police Department and Building Official.
(3) Notification has been sent out to the property owners within 300 feet of the proposed property and given 2 weeks to object from the date of mailing.
(B) In the event that administrative approval is denied the applicant shall have the right to request a meeting of the Board of Appeals and pay the cost thereof. Any request for a meeting of the Zoning Board of Appeals shall be accompanied by the payment of the fee. At that hearing the Board of Appeals may approve the permit with notice to property owners within 300 feet, and publication in the newspaper as would normally be required of such a hearing.
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