When used in this chapter, the following words and phrases shall
have the following meanings:
APPLICANT
The authorized officer, employee, representative or agent
of the sponsor who completes the application and acts as primary contact
for the special event.
SPECIAL EVENT
A.
Any festival, carnival, ceremony, show, parade, bazaar, block
party, fair, sport event, production, demonstration, exhibition, pageant,
transient amusement enterprise, fund-raiser, activity or other similar
event to which the general public is invited to participate or attend,
that is organized, promoted, conducted, or sponsored by any person,
company, corporation (for-profit or nonprofit), partnership, company,
association, organization, or other entity, and which involves the
use of publicly owned, leased, or controlled property, including public
rights-of-way (streets and sidewalks) and/or County services; and/or
B.
Any event mentioned in Subsection
A of this definition held on private property that would have a direct impact on traffic congestion or flow to and from the event over public rights-of-way or waters or which would appreciably impact the need for law enforcement, fire, or other public safety and emergency services. Any of the above-mentioned events held on private property to which the public is invited to attend and which the sponsor expects or should reasonably expect will be attended by 500 or more persons is presumed to have a direct impact on public rights-of-way, police, fire, and other emergency services and shall be deemed a special event for purposes of this chapter.
SPONSOR
The person, business, corporation, partnership, company,
association, organization, or other entity responsible for the special
event to be held.
This chapter shall not apply to:
A. Private or personal events such as family reunions and church activities
and other gatherings not typically open to the public which occur
in public parks and are not expected to have 500 or more attendees;
C. Activities conducted by any governmental agency acting within the
scope of its authority; and
D. Events which occur wholly within the boundaries of incorporated cities
in the County.
Compliance with all provisions of this chapter by any individual
or applicant shall not relieve that individual or applicant of complying
with any other requirements of local, state or federal governments.
No person shall unreasonably hamper, obstruct, impede, or interfere
with any permitted special event.
No person shall organize or conduct a special event as defined
above unless such person shall first obtain a permit and otherwise
comply with the provisions as set forth herein. Additionally, no person
shall participate in any special event unless a permit has been issued
for such special event.
The County Judge/Executive shall act upon the application for
a special event permit within 14 days after the filing thereof. If
the County Judge/Executive rejects the application, he shall deliver
to the applicant a notice of his action, stating his reasons for his
denial of the permit.
Each special event permit shall state the following:
B. Name of event coordinator;
C. The date or dates of the special event;
D. The time of the commencement and termination of the event;
F. Such other information as directed by the County Judge/Executive.
Upon the approval of the special event permit, the County Judge/Executive
shall send a copy thereof to the applicant and appropriate County
departments and other agencies as deemed necessary.
The event coordinator shall have the special event permit readily
available during the event and shall be prepared to produce said permit
upon request by law enforcement or other County or state officials.
In the event any person's application for a special event permit
has been denied by the County Judge/Executive, such aggrieved person
shall have the right to appeal the County Judge/Executive's decision
to the Fiscal Court. Such appeal shall be made within a period of
10 days following the issuance of the County Judge/Executive's rejection
of the application. To perfect the appeal, the aggrieved person shall
provide written notice of appeal to the Fiscal Court Clerk within
the aforesaid ten-day period. The Fiscal Court shall conduct a hearing
on such appeal within 30 days following the receipt of the written
notice of appeal.
During the term of the permit, the event coordinator shall have
the general control of the activities to be conducted within the permit
area, subject, however, to the ultimate and superior control and jurisdiction
of the County. Such person's control of such area shall be reasonable
with due regard for the safety and welfare of the participants and
the general public. The event coordinator shall have the authority
to select and authorize participants who are to participate in the
event and to establish fees and guidelines regarding such participation.
The event coordinator shall have the right to exclude unauthorized
persons from participating in the event within the permit area. The
event coordinator shall not at any time exclude any person from participating
in any activity by reason of such person's race, creed, color, religion,
national origin, or by reason of such person being a member of a protected
class, or otherwise discriminate against any person in the conduct
of the event.
The activities which may be conducted in the permit area shall
at all times be a lawful activity. Such activities may include the
sale of merchandise, food, and beverages, subject to all other laws
and ordinances.
Whoever violates any provision of this chapter shall be guilty
of a Class A misdemeanor and shall, upon conviction, be subject to
a fine of not more than $500, or imprisonment of not more than 30
days, or both, for each offense. Each day of noncompliance shall be
deemed a separate offense.