For the purpose of this article, the term “temporary special
event” shall be construed to include, but is not necessarily
limited to, the following temporary (i.e., not permanent) uses and
similar types of uses:
(1)
Carnival
or circus;
(2)
Outdoor
market or vending from temporary booths, tents, trailers, or other
similar devices;
(3)
Stage,
set or staging area for the professional filming of motion pictures,
documentaries, educational or training films, or other similar media;
(4)
Festival,
celebration, or special fundraising event; or
(2002 Code, sec. 4.401)
(a)
Whenever
any work is being done contrary to the provisions of this article,
the building official may order the work stopped by notice in writing
(referred to as a “stop work order”) served on any persons
engaged in doing or causing such work to be done. The stop work order
shall be posted on the property adjacent to the activity in question,
and any such person shall forthwith stop work until authorized by
the building official to proceed with the work.
(b)
Any person violating this article, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of the city's Code of Ordinances.
(c)
Any
person violating this article is subject to suit for injunction as
well as prosecution for criminal violations.
(2002 Code, sec. 4.406)
Each owner or operator of a temporary special event shall obtain a temporary special event permit from the city to operate within the city. The city manager or his or her designee shall be authorized to issue such a permit when the application therefor is found to be in compliance with this article. The city manager, in his or her sole discretion, may forward an application to the city council for approval or denial or in the event that the application is protested, as provided in section 6.03.007.
(Ordinance 123, sec. 2, adopted 9/11/12)
Each owner or operator of a temporary special event shall file
with the city a signed and notarized “application for temporary
special event” along with a site plan and all of the following
additional information:
(1)
Proof of property owner's and/or operator's liability insurance which names the city as an additional insured (see section 6.03.005);
(2)
Proof
of notification of all adjacent landowners within 200' of any boundary
activity of any proposed event;
(3)
A
plan or document which describes how the operator will provide for
on-site temporary sanitation facilities, including, but not limited
to, the proposed method of containment and disposal, on-site locations,
capacity, and proof of ADA accessibility;
(4)
Placement
and types of all proposed temporary buildings, locations (especially
with respect to property lines and setbacks), type(s) of buildings,
sizes, proposed uses, and capacities;
(5)
Delineation
of parking facilities, location, type of surface treatment(s), parking
capacities, parking layout, fire lane delineations, fire lane widths,
emergency vehicle turnaround area, and setbacks from residential property
lines;
(6)
Delineation
of access driveway(s), alignment, width, type of surface treatment(s),
setbacks from residential property lines, and distances to any other
existing driveways on both sides of the road;
(7)
Proof
of state department of transportation (TxDOT) approval of all access
driveways' intersections with any state highway, if applicable, and/or
proof of county approval of all access driveways' intersections with
any county roadway, if applicable;
(8)
Prohibition
of on-site camping or sleeping accommodations or uses, except as may
be required for security purposes only;
(9)
Agreement
to comply with all applicable city codes, regulations, fees and inspections;
(10)
Written plan for the removal of all temporary facilities and temporary
improvements, and the complete restoration of the property to the
condition it was in before the special event took place;
(11)
Delineation of buffering and screening of parking areas, storage
areas, sanitation facilities, solid waste receptacles, and other similar
site facilities;
(12)
Temporary outdoor lighting plan and hours of operation for site lighting;
(13)
Noise control plan;
(14)
Dust and erosion control plan;
(15)
Temporary utilities plan;
(16)
Delineation of nonpoint source pollution controls for construction
of the temporary site improvements and for the runoff from the buildings,
parking areas, storage areas, and driveways (i.e., silt fences and
vegetative buffer strips);
(17)
Delineation of all on-site exterior storage areas and how they will
be screened from public view and from neighboring properties;
(18)
Identification of all proposed uses of each building and of all exterior
areas;
(19)
Identification of allowable hours of use of the site;
(20)
Traffic-control plan, including maximum allowable parking on the
site;
(21)
Plan for provision of overflow parking, with off-site shuttle service
if necessary, if parking demand exceeds the amount of parking provided
on site;
(22)
Complete and accurate description of any potentially hazardous materials
that will be stored on site, either in the buildings or on the premises;
(23)
Description, location and placement of all sign(s) to be placed at
the event; a sign permit may be required;
(24)
Means for providing safety and security for the site, for the buildings,
for users on the site, and for users coming to or leaving the site;
(25)
Overall site ADA accessibility statement review by the state department
of licensing and regulation may be required to ensure ADA accessibility;
(26)
Temporary fire control measures; review and approval by the fire
chief will be required;
(27)
Daily cleaning of the site for picking up trash, debris and any other
foreign matter; and
(28)
If the site is over five (5) acres in size, TCEQ approval will be
required.
(2002 Code, sec. 4.403)
Each owner or operator of a temporary special event shall furnish
proof of liability insurance, as well as any other type of insurance
that may be deemed appropriate by the city manager, and shall also
name the city as coinsured for personal injury, premises and for $1,000,000.00
per occurrence.
(2002 Code, sec. 4.404)
The length of time for each permit shall not exceed 183 days
unless otherwise approved by the city manager or the city council
for extension for no more than thirty (30) additional days, provided
the city manager or city finds that extending the temporary special
event will not be detrimental or injurious to the public health, safety
or general welfare. No more than two (2) temporary special event permits
may be issued for any particular land parcel within any calendar year.
(Ordinance 123, sec. 3, adopted 9/11/12)
In the event that written objections are received from the owners
of 20% or more of the land area covered by the proposed permit or
the owners of 20% or more of the land area within 200' of the subject
property covered by the proposed permit, the city manager shall place
the application for the permit on the next available meeting agenda
of the city council, and a favorable vote of three-fourths of all
members of the governing body shall be required to approve such protested
application.
(Ordinance 123, sec. 4, adopted 9/11/12)
(a)
The
city manager or city council shall issue a permit as provided for
herein from a consideration of the application and from such other
information as may otherwise be obtained, if he, she, or it finds
that:
(1)
The conduct of the event will not substantially interrupt the safe
and orderly movement of other pedestrian or vehicular traffic contiguous
to its route or location;
(2)
The conduct of the event will not require the diversion of so great
a number of city police officers to properly police the line of movement
and the areas contiguous thereto as to prevent normal police protection
of the city;
(3)
The concentration of persons, animals, and vehicles at public assembly
points of the event will not unduly interfere with proper fire, police,
or ambulance service to the area or areas contiguous;
(4)
The conduct of the event is not reasonably likely to cause injury
to persons or property;
(5)
If a parade is involved, the event is scheduled to move from its
point of origin to its point of termination expeditiously and without
unreasonable delays en route;
(6)
Adequate sanitation and other required health facilities are or will
be made available in or adjacent to any public assembly areas;
(7)
There are sufficient parking places near the site of the event to
accommodate the number of vehicles reasonably expected;
(8)
The applicant has secured police or other security protection;
(9)
No special event permit application for the same time and location
is already granted or has been received and will be granted;
(10)
No special event permit application for the same time but a different
location is already granted or has been received and will be granted,
and the police resources required for that prior event are so great
that, in combination with the subsequent proposed application, the
resulting deployment of police services would have any immediate and
adverse effect upon the welfare and safety of persons and property;
and
(11)
No event is scheduled elsewhere in the city where the police resources
required for that event are so great that the deployment of police
services for the proposed event would have an immediate and adverse
effect upon the welfare and safety of persons and property.
(b)
No
permit shall be granted that allows for the erection or placement
of any structure, whether permanent or temporary, on a city street,
sidewalk, or right-of-way unless advance approval for the erection
or placement of the structure is obtained as part of the permit.
(Ordinance 123, sec. 5, adopted 9/11/12)
The city manager, or city council if applicable, shall uniformly
consider each application upon its merits and shall not discriminate
granting or denying permits under this article based upon political,
religious, ethnic, race, disability, sexual orientation or gender
related grounds.
(Ordinance 123, sec. 6, adopted 9/11/12)
The city manager shall act promptly upon a timely filed application
for an event permit but in no event shall grant or deny a permit less
than five (5) days (120 hours) prior to the event. If the city manager
or city council disapproves the application, he or she shall notify
the applicant either by personal delivery or certified mail at least
five days prior to the event of his action and state the reasons for
denial.
(Ordinance 123, sec. 7, adopted 9/11/12)
(a)
Any
applicant shall have the right to appeal the denial of an event permit
by the city manager to the city council. The denied applicant shall
promptly make the appeal after receipt of the denial by filing a written
notice with the city manager and a copy of the notice with the city
secretary, in no event less than eighty-four (84) hours prior to commencement
of the proposed event. The city council shall act upon the appeal
at the next scheduled meeting following receipt of the notice of appeal
unless a special meeting is called for that purpose.
(b)
If
a proposed event that is the subject of a denial of a permit was scheduled
to commence prior to a scheduled meeting of the city council, the
council may call a special meeting for the purpose of ruling on the
denied applicant's appeal.
(c)
In
the event that the city council rejects an applicant's appeal or fails
to call a special meeting for the purpose of considering the appeal,
the applicant may file an immediate request for review with a court
of competent jurisdiction
(Ordinance 123, sec. 8, adopted 9/11/12)
Immediately upon the issuance of an event permit, the city manager
shall send a copy thereof to the following:
(1)
The
mayor and city council;
(2)
The
chief of police;
(3)
The
city attorney; and
(4)
Each
department head.
(Ordinance 123, sec. 9, adopted 9/11/12)
(a)
A
permittee hereunder shall comply with all permit directions and conditions
and with all applicable laws and ordinances.
(b)
The
event chairman or other person heading such activity shall carry the
event permit upon his person during the conduct of the event.
(c)
Prior
to the issuance of a permit, the applicant may be required to file
with the city manager a surety bond in an amount which will cover
the estimated costs of barricading, policing and cleaning up the event
site and/or parade route. Upon submission of the application, the
city manager shall calculate the estimated costs based on the information
contained in the application. If required by the city, the applicant
shall deposit cash, money order, or cashier's check (no personal checks
will be accepted) sufficient to cover these estimated expenses. This
deposit shall be made no later than fifteen (15) days prior to the
date which the event is proposed to commence. After the event has
been completed, the city manager shall deduct the costs of barricading,
policing and cleaning up the event site and/or parade route from the
deposited amount. The city shall then return any remaining balance
from the deposit to the permit holder within thirty (30) days after
the event. In the event that the city manager initially underestimated
barricading, policing and cleanup costs and there remains a balance
due after applying the deposited amount toward these expenses, the
permit holder shall receive from the city a bill for the difference.
The city shall provide such bill to the permit holder within two (2)
weeks after the event. The payment for the outstanding balance of
the cost of the event shall be due to the city within thirty (30)
days after the date of the event. The permit holder shall bear all
costs relating to traffic-control devices and any on-duty and overtime
police required for the event.
(d)
Prior
to the date of the event, the permit holder shall submit to the city
manager a certificate of insurance showing commercial general liability
coverage, including premises operations, independent contractors,
personal injury and contractual liability, at a combined single limit
of five hundred thousand dollars ($500,000.00) per occurrence or with
approval of the risk manager according to identified risks involved
with the event. The city shall be named as an additional insured and
provided with at least thirty (30) days' advance notice of cancellation
or material alteration of the insurance policy.
(Ordinance 123, sec. 10, adopted 9/11/12)
The city manager shall have the authority to revoke an event
permit instantly upon violation of the conditions or standards for
issuance as set forth in this article or when a public emergency arises
where the police resources required for that emergency are so great
that deployment of police services for the event would have an immediate
and adverse effect upon the welfare and safety of persons or property.
(Ordinance 123, sec. 11, adopted 9/11/12)
(a)
Fees and deposits.
Applicants shall remit all application fees and deposits, made
payable to the city, in conjunction with the special event permit
application. Application fees are nonrefundable. All other fees will
be calculated and paid upon permit issuance. The permit fee for professional
filming shall be established by the city manager based on the time
and extent to which: (1) any public property will be closed; (2) members
of the general public will be denied access to public property; (3)
any private property owner is inconvenienced and/or unable to access
his or her property; (4) any expenditure of city resources, including
but not limited to the city's cost in providing personnel and/or equipment
used to support the filming project. The rates and method of payment
will be determined in the application process, as agreed upon by the
applicant and the city manager. The city is not responsible for any
cost or inconvenience incurred by the applicant in the event that
the application is not approved. The completed application must be
filed according to the following:
(1)
Commercials or episodic television.
A minimum of five business days prior to the commencement of
filming or any substantial activity related to the filming project.
(2)
Feature films.
A minimum of ten business days prior to the commencement of
filming or any substantial activity related to the filming project.
(b)
Waiver of fees.
Residents of the city and non-profit organizations may request
a waiver from the application and fee provisions of this article.
Waiver requests must be submitted to the city secretary's office,
in writing, and may be granted solely at the discretion of the city
manager or his/her designee. The request for waiver shall state clearly
the reasons for such request, including the name of the resident or
organization, and a description of how the requestor will prevent
the proposed filming activity from interfering with motor vehicle
and pedestrian traffic.
(c)
Notice to adjoining landowners.
Applicants are responsible for securing the cooperation of all
property owners/occupants affected by the proposed filming. Filming
which will take place on public or private property adjacent to residential
property shall provide proof to the city that all property owners/occupants
within 200 feet of the property upon which the filming will take place
have been notified of the proposed filming by attaching to the application
statements signed by all affected property owners/occupants, listing
the name, address and telephone number of the person contacted expressing
their approval or disapproval of the filming. Filming which will take
place on public or private property adjacent to commercial property
shall provide proof to the city that all property owners/business
owners within 200 feet of the property upon which the filming will
take place have been notified of the proposed filming. Filming that
only utilizes public rights-of-way for a limited period of time shall
not require individual notice to adjoining landowners, but the city
may require the posting of signage along the roadway in advance of
the filming and may require additional conditions in conjunction with
the traffic-control plan. Permittees shall rope off the lawn or other
properties of owners/occupants within the event area who desire such
protection. Such measures may not unreasonably impede access to or
from the property.
(d)
Use of city-owned property.
In addition to the special event permit requirements, applicants
that wish to utilize city-owned property for filming shall be required
to enter into an agreement with the city which agreement form is on
file in the city secretary's office. Permittee shall be required to
clean up the city property and any surrounding areas affected by the
project and restore the area so that it may be reopened at the time
set forth in the permit. If permittee fails to adequately clean the
area and restore it to a condition so that it may be reopened to the
public, permittee shall reimburse the city for all costs incurred
by the city in restoring the property.
(e)
No closure prior to approved times.
Permittees may not close, block, or in any way prevent access
to any park, building, cemetery, street, alley or other right-of-way
prior to the time authorized in the permit.
(f)
Compliance with lawful orders.
Permittees shall at all times comply with all lawful orders
or directions given by police, EMS or fire officials in the discharge
of their official duties, regardless of any approved application,
permit, and/or public right-of-way closure.
(g)
Access to properties.
Regardless of a project's location within the city, permittees
may not prevent owners/occupants from accessing owner's/occupant's
property.
(h)
Indemnification, hold harmless.
By submitting an application, applicants agree to defend, indemnify
and hold harmless the city from all damages, costs, expenses and attorney
fees for all claims and suits, including claims and suits for death,
personal injury, and property damages arising out of, or connected
with, the activities of the applicant, whether or not caused in whole
or in part by the negligence of the city, its agents or employees.
(i)
Liability insurance.
Applicants shall procure a policy of liability insurance naming
the city as an additional named insured with contractual endorsement
in the following amounts:
(j)
Traffic control and security.
Only police officers (as defined in Texas Transportation Code
section 541.002) may be utilized for traffic control. Private security
agencies may be used in place of police officers for crowd control
only, where deemed appropriate as agreed upon by the applicant, the
city police chief or his/her designee, and city manager or his/her
designee.
(k)
If
the filming project involves closure of a public right-of-way and
the approved closure date is later adjusted to satisfy a request of
an applicant, the applicant shall contact abutting property owners
in person or by telephone and advise them of the change in schedule
no less than 24 hours in advance of the actually planned closure.
If an applicant is unable to personally contact the owner or occupant
of an affected address, the applicant shall leave a door-hanger, notifying
the owner/occupant of pertinent closure information, and the applicant
shall follow up to ensure all addresses adjacent to the public area
have been contacted. Alternatively, the city may approve signage in
lieu of personal notification.
(l)
Applicants
shall be responsible for obtaining all permits required by the Texas
Department of Transportation (“TxDOT”) regarding a proposed
street closure that will directly or indirectly affect state highways
or other roadways under control of TxDOT. Applicants shall furnish
the city a copy of the approved closure permit issued by TxDOT.
(Ordinance 224 adopted 9/23/14)
