When used in this article, the following words, terms and phrases
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person who has filed a formal written application with
the city for obtaining a public event permit.
The City of Granbury, Texas.
The person or department to whom the city manager may, from
time to time, delegate the enforcement responsibility under this article.
Any march or organized procession of any kind, with or without
vehicles, in or upon any street, park, or other outdoor place owned
or under the control of the city.
Any manmade structure for which the city has issued a certificate
of occupancy.
The person to whom a public event permit is granted pursuant
to this article.
Any individual, assumed-named entity, partnership, association,
corporation, firm or organization that promotes, organizes, manages,
finances or holds a public event.
Any meeting or gathering held at a specific location within
the city limits, which attracts or can be expected to attract more
than 300 persons at any instant during the meeting or gathering. The
term does not include an event or gathering that occurs within or
on the same property as an established permanent stadium, arena, auditorium,
conference center or other similar permanent structure that has sufficient
existing and permanent electrical service, plumbing, water supply,
sanitary sewer service and legal parking spaces to accommodate the
expected number of persons.
Any street, sidewalk, alley, or similar place that is owned
or controlled by a governmental entity.
Any portion of a street between the curb or the lateral lines
of the improved roadway and the adjacent property line, all or a part
of which is intended for the use of pedestrians regardless of whether
the area is paved or improved.
Any public or private street, alley, avenue, lane, boulevard,
drive, public place or highway commonly used for the purpose of travel
within the city.
(Ordinance 15-50 adopted 11/3/15)
(a)
The
provisions of this article shall be administered and enforced by the
code official.
(b)
The
code official has authority to issue a public event permit when requirements
of this article have been met.
(c)
The
code official shall ensure that all other applicable licenses and
permits under local, state or federal law are requested, submitted
and approved before the permit is granted.
(Ordinance 15-50 adopted 11/3/15)
It shall be unlawful for any person to promote or conduct a
parade or public event without first having obtained a permit from
the city code official by filing a written application.
(Ordinance 15-50 adopted 11/3/15)
(a)
An
application for a public event or parade permit must be filed not
less than 45 days before the event is to begin. The code official
may waive the 45-day filing requirement if it is determined that the
application can be processed in less than 45 days, taking into consideration
the number and types of permits required to be issued in order to
hold the event.
(b)
The
application fee for a public event, mass gathering or parade permit
will be established by the fee schedule adopted annually by the city
council. The applicant may incur additional costs related to human
or other resources required for the event in accordance with this
article.
(c)
Events
involving the sale or service of alcoholic beverages require proper
permits from the Texas Alcoholic Beverage Commission (TABC). The applicant
is responsible for obtaining all requisite TABC permits and providing
proof of such permits with the application for a city event permit.
(d)
The
application for a public event or parade permit shall contain, as
a minimum, the following information:
(1)
The name, address, e-mail address and telephone number of the applicant
and the promoter or promoters of the event or parade.
(2)
If the promoter(s) is/are someone other than the applicant, the applicant
shall file a written statement from the promoter showing authority
to make the application.
(3)
The type and purpose of the event.
(4)
The dates and times the event will start and end and the time at
which on-site activities in preparation for the event will begin.
(5)
The estimated approximate number of people who may attend the event.
(6)
If the event is to be held on private property, the applicant must
submit written permission from the owner of the property or their
authorized representative for the use of the property. For an event
involving the use of property owned or controlled by the county, including
county streets, the applicant is required to obtain permission to
use that property from the county commissioners court. The applicant
is responsible for obtaining and providing proof of such permission.
(7)
A site plan of the proposed location depicting the location and size
of tents, awnings, canopies, food service booths, fences, barricades,
traffic cones, restroom or portable toilet facilities, lighting, and
other temporary structures. In addition, the details of the sale of
merchandise, food or beverages and the list of vendors involved and
the location of where those activities and vendors will be located
or housed must be included on the site plan. The site plan shall include
any other information required by this article. If loudspeakers are
to be used, the location and orientation of those speakers shall be
shown on the site plan.
(8)
Details of the proposed location, number and size of any signage
for the event. All event signage shall comply with the currently adopted
sign regulations.
(9)
Details of any electrical, mechanical or plumbing work to be conducted
to prepare for or to hold the event and if so, evidence showing how
it will be done in accordance with the city’s adopted building
codes.
(e)
Upon
receipt of a completed application, the code official shall forward
a copy of the application to each of the appropriate departments of
the city. Each department shall review the application for approval
or denial as it pertains to that particular department and return
it, with any comments, to the code official.
(f)
If
the applicant intends to or is required to use city services, the
department providing such services shall submit to the applicant an
estimate of the cost of each service.
(g)
Where
the police chief or fire inspector determines that a proposed public
event or parade has an adverse impact on public safety through diminished
access to buildings, structures, fire hydrants and fire apparatus,
access roads or where such event will adversely affect public safety
services of any kind, the fire inspector shall have the authority
to order the development of, or prescribe a public safety plan for
the provision of an appropriate level of public safety. The public
safety plan shall address:
(1)
Emergency vehicle ingress and egress;
(2)
Fire protection;
(3)
Emergency medical services;
(4)
Location of public assembly areas;
(5)
The directing of both attendees and vehicles (including the parking
of vehicles);
(6)
Vendor and food concession distribution;
(7)
The need for the presence of law enforcement at the event; and
(8)
The need for the presence of fire and emergency medical services
personnel at the event.
(h)
After
reviewing the application and departmental comments, the code official
shall issue the public event permit or issue the permit with conditions,
unless denied in accordance with adopted city code.
(Ordinance 15-50 adopted 11/3/15)
(a)
The
code official may deny or revoke an application for a public event
permit if:
(1)
The proposed event will conflict with another public event that has
been previously granted a permit for the same time, site or location;
(2)
The public event would severely hinder the delivery of normal or
emergency services;
(3)
The time, place or manner of the proposed event will disrupt the
orderly flow of traffic and no reasonable means of rerouting traffic
or otherwise meeting traffic needs is available;
(4)
The applicant fails to comply with, or the proposed event will violate
this article or any other city ordinance, or if the applicant has
been cited for violating this article during a previous event or the
applicant has failed to comply with the terms of a previous public
event permit;
(5)
The applicant fails to provide proof that the applicant possesses
or is able to obtain a license or permit required by city ordinance
or other applicable law for the conduct of all activities included
as part of the event;
(6)
The applicant makes or permits the making of a false or misleading
statement or omission of material fact on an application for a public
event permit; or
(7)
The applicant does not comply with the issued permit by conducting
the event in accordance with the event description and site plan provided
in the application or the conditions stipulated by the code official
when the permit is issued.
(b)
The
code official shall grant the permit, grant the permit with conditions,
or deny the permit within twenty (20) days after receipt of a completed
application.
(c)
If
the code official grants the permit with conditions, denies, or revokes
a permit, the code official shall deliver written notice to the permit
holder or applicant stating the action and the reasons supporting
such action. The notice shall be delivered using the contact information
for the applicant as provided on the application.
(d)
Any person aggrieved by the action of the code official shall have the right to appeal to the city council by filing a notice of appeal with the city secretary within five business days after the notice of decision is delivered under subsection (c). Upon receipt of the notice of appeal, the city secretary shall set a time and place for a hearing on the appeal and provide notice of the hearing to the aggrieved person. The hearing shall be held not later than 14 days from the date of receipt of the notice of appeal.
(e)
The
decision of the city council on the appeal is final. No other administrative
procedures are provided by the city.
(Ordinance 15-50 adopted 11/3/15)
(a)
The
applicant shall provide a site plan that indicates proposed streets
to be closed. The director of public works or designee will review
all proposed street closures to ensure that proper traffic-control
measures will be in place. Street closures will only be provided by
the city. All street closings require police, public works, and fire
inspector approval.
(b)
Closures
involving state highways must also be approved by the Texas Department
of Transportation.
(Ordinance 15-50 adopted 11/3/15)
The city shall issue a permit for the proposed parade unless
the code official determines that:
(1)
The
conduct of the parade will substantially interrupt the safe and orderly
movement of other traffic contiguous to its route;
(2)
The
conduct of the parade will require the commitment of such police resources
that adequate police protection cannot be provided for the remainder
of the city;
(3)
The
concentration of persons, animals and vehicles at assembly points
of the parade will substantially interfere with adequate fire and
police protection of, or ambulance service to, areas contiguous to
such assembly areas;
(4)
The
conduct of the parade is reasonably likely to result in violence to
persons or property causing serious harm to the public;
(5)
The
parade is to be held for the primary purpose of advertising a product
or goods, and is designed to be held primarily for private profit,
and no public purpose is served;
(6)
The
conduct of the parade will interfere with the movement of firefighting
equipment to such an extent that adequate fire protection cannot be
provided to the city; or
(7)
The
movement of the parade will conflict in time and location with another
parade or public event for which a permit has previously been granted.
(Ordinance 15-50 adopted 11/3/15)
Amusement rides and attractions associated with public events
shall conform to the statutory rules and regulations set forth in
V.T.C.A., Occupations Code ch. 2151, regulation of amusement rides,
also referred to as the Amusement Ride Safety Inspection and Insurance
Act. Events involving amusement rides must also comply with the city’s
zoning ordinance.
(Ordinance 15-50 adopted 11/3/15)
(a)
The
permit holder shall agree to a complete and satisfactory cleanup of
all trash and debris on the site. At the conclusion of the event,
a city representative will inspect the area to ensure that compliance
has been met. If it is necessary for the city to accomplish the cleanup,
the applicant will be billed to cover the city’s reasonable
and necessary expenses to provide the cleanup.
(b)
The
permit holder shall remove all signage related to the event within
the timetable required by the city’s zoning ordinance.
(Ordinance 15-50 adopted 11/3/15)
Where food service is provided, those operations shall comply with all provisions of the city food and food service establishment ordinance, fire code, and other applicable state and local laws. A temporary food service permit application and a permit fee must be submitted by each food vendor participating in the event in accordance with chapter 6, article 6.03 food establishments of this code.
(Ordinance 15-50 adopted 11/3/15)
Sanitary facilities, in the form of portable toilets, shall
be provided on the event premises by the applicant/promoter to supplement
the available facilities at any given venue in light of the projected
number of attendees and participants at peak hours of the public event.
(Ordinance 15-50 adopted 11/3/15)
(a)
Any
public event or temporary activity requiring the use of water from
the city water system must be coordinated with the utility billing
department to obtain a temporary meter. Deposit for the meter and
payment for water used shall be in accordance with all applicable
ordinances of the city.
(b)
The
applicant shall submit a plan for the disposal of wastewater and the
plan shall be approved by the code official prior to such event.
(Ordinance 15-50 adopted 11/3/15)
Any public event or temporary activity requiring the use of
electricity from the city electric utility system must be coordinated
with the utility billing department to obtain a temporary meter. Deposit
for the meter and payment for electricity used shall be in accordance
with all applicable ordinances of the city.
(Ordinance 15-50 adopted 11/3/15)
(a)
Where
applicable, a commercial solid waste dumpster must be provided on-premises
at all outdoor public events. Applicants shall arrange for the provisions
of such dumpsters with a commercial solid waste collection provider
company licensed by the city.
(b)
The
applicant/promoter is responsible for ensuring the event site/parade
route is kept clean and debris routinely removed throughout the event.
All trash receptacles on the square shall be kept clean throughout
the event by the permit applicant, the applicant’s employees
or a contracted commercial service provider.
(Ordinance 15-50 adopted 11/3/15)
(a)
The
police chief or designee shall determine whether and to what extent
additional police protection is reasonably necessary for traffic control
and public safety. The police chief or their designee shall base this
decision solely on the size, location, duration, time and date of
the event; the number of streets and intersections blocked, and the
need to detour or preempt citizen travel and use of the streets and
sidewalks.
(b)
If
possible, without disruption of ordinary police services or compromise
of public safety, regularly scheduled on-duty personnel will police
the event. If additional police protection is deemed necessary by
the police chief or designee, they shall notify the applicant. The
applicant then shall have the duty to secure the police protection
deemed necessary. In such event and prior to the issuance of a permit
for the event, the applicant and the police chief or designee shall
agree upon who will provide police presence, if the police department
will be providing the police presence, and the cost of policing the
event.
(Ordinance 15-50 adopted 11/3/15)
(a)
For
public events or parades held on city property, the applicant shall
provide, with each public event permit application, proof of a general
liability insurance policy listing the city as an additional insured.
The policy must provide coverage equaling a one million dollar ($1,000,000.00)
limit per occurrence, with a two million dollar ($2,000,000.00) aggregate.
(b)
The
state department of transportation must also be listed as coinsured
if event involves closure of a state highway.
(c)
The
applicant is responsible for meeting the insurance requirements for
any other public entities whose property is involved in the event,
such as the county or school district.
(Ordinance 15-50 adopted 11/3/15)
Noise, glare, odor and other nuisances shall be controlled as
set out in applicable sections of this code and shall not be in violation
of any other local, state or federal law.
(Ordinance 15-50 adopted 11/3/15)
