For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Applicant.
A person who has filed a written application for a special
event permit seeking to hold the special event, including the applicant's
employees, agents, affiliates, successors, permitted assigns, and
other persons controlled by the applicant.
Block party.
The use of residential street(s) organized by a neighborhood
association or group of citizens for a neighborhood function in which
traffic-control is required.
City.
The City of Gunter, Texas.
Committee review.
The required review when the special event manager determines
that the parade or special event permit application requires evaluation
by the special event review committee to determine if additional city
services, supplementary permits and follow-up inspections will be
required.
Concession.
A facility at a special event where food or drink is offered
to the public.
Costs.
All costs and expenses incurred by the applicant/permittee
for activities associated with staging of the event, including, without
limitation, any one or more of the following:
(1)
Utilities services provided to the special event, including
all of the costs of installation, maintenance, and connection.
(4)
Food services inspection.
(5)
Repair, maintenance and removal of facilities in the event of
a failure of applicant
(6)
Repair of streets, alleys, sidewalks, parks and other public
property.
(9)
Emergency medical service.
(10)
Garbage disposal and cleanup.
(12)
Other direct costs associated with the special event.
Food service provider.
Any person, business, or vendor working with unpackaged food,
food equipment or utensils, or food contact surfaces.
Food service employee.
An individual working with unpackaged food, food equipment
or utensils, or food contact surfaces.
Licensee.
The person to whom the parade or special event permit has
been issued.
Nonprofit.
An entity or organization recognized by the state and the
federal tax code as a nonprofit.
Parade.
The assembly of persons whose gathering is for the common
design of traveling or marching in procession from one location to
any other location for the purpose of advertising, promoting, celebrating,
or commemorating a thing, person, date, or event. Parade shall include
runs, walks, relays, marathons, bicycle races/rides, or similar events.
Parade route notification.
The required signage posted at the affected intersections
or along the route system one week prior to the event.
Pavilion rental.
All pavilion rental paperwork is managed and fees collected
by parks and recreation, and are completely separate from any and
all fees associated with the special event permit application process.
The rotunda/pavilion located on the city's square shall be considered
a pavilion.
Permit.
Shall mean the city's agreement giving the applicant permission
to hold the block party, parade or special event, on the terms and
conditions stated in the permit and subject to the rules, regulations,
and requirements of this article. The parade or special event should
not be considered approved until committee reviewed permit applications
are signed off by the special event review committee and issued to
the applicant or noncommittee reviewed applications are signed off
by the special event manager and issued to the applicant.
Permittee.
A person to whom a permit is granted pursuant to this article.
Person.
Any individual, assumed named entity, partnership, association,
corporation, entity, or organization.
Sidewalk.
That portion of a street between the curb lines or lateral
lines of a roadway and the adjacent property lines, intended for the
use of pedestrians.
Special event.
A temporary event or gathering of persons for a common purpose,
including but not limited to, a parade, rally, public entertainment
venue, carnival, festival, or other similar event using either private
or public property that involves one (1) or more of the following
activities, except when the activity is for construction or house-moving
purposes only:
(1)
Closing of a public street or interference with the normal flow
of pedestrian or vehicular traffic;
(2)
Blocking or restriction of public property, including public
rights-of-way;
(3)
Offer or sale of merchandise, food, or beverages on public or
private property where otherwise prohibited by ordinance;
(4)
Sale of alcoholic beverages on public or private property where
otherwise prohibited;
(5)
Erection of a tent or canopy on public or private property where
otherwise prohibited by ordinance;
(6)
Placement of portable toilets on public or private property
where otherwise prohibited by ordinance;
(7)
Installation of a stage, band shell, trailer, van, portable
building, grandstand, or bleachers on public property, or on private
property where otherwise prohibited by ordinance;
(8)
Activities such as, among others, a carnival, circus, fireworks
displays, runs, events not wholly contained on city parks or building
sites or public school district property;
(9)
The need for special city services, including but not limited
to, street closure, provision of barricades, provision of police or
emergency services, or provision of special electrical services.
Special event/parade permit.
The city's written authorization to hold a special event/parade.
The parade or special event should not be considered approved until
committee reviewed permit applications are signed off by the special
event review committee and issued to the applicant or noncommittee
reviewed applications are signed off by the special event manager
and issued to the applicant.
Special event manager.
Shall mean the city official, or his/her designee, designated
by the Mayor as primarily responsible for managing special event/parade
applications.
Special events review committee.
Committee consisting of a representative from each of the
following city departments: fire, police, public works, and additional
city staff as determined by the special event manager upon review
of the special event permit application. The special event review
committee will meet on a monthly basis or as needed. The special event
review committee shall review the parade or special event permit application
and procure from the applicant such clarifications and additional
information necessary for the approval, denial or revocation of the
permit using the outlines within this ordinance.
Street.
The entire width between the boundary lines of every way
publicly maintained, when any part thereof is open to the use of the
public for purposes of vehicular traffic.
Tent or canopy.
As defined by the 2009 International Building Code (IBC)
and the 2009 International Fire Code (IFC).
(Ordinance 2016-06-09-03 adopted 6/9/16)
(a) All special events, except those set forth in subsection
(b) of this section, must conform to all applicable provisions of this ordinance.
(b) The
following events are exempt from the provisions of this article:
(1) An event wholly contained on property specifically designed or suited
for the event and which holds a certificate of occupancy for such
use including adequate parking.
(3) A funeral procession proceeding by a vehicle under the most reasonable
route from a funeral home, church, or residence to the place of service
or place of internment.
(4) Events which are officially sponsored by the Armed Forces of the
United States of America, the military forces of the State of Texas,
political subdivisions of the State of Texas, and the forces of the
police and fire departments acting within the scope of their duties.
(5) The event, including adequate parking, is wholly contained on school
district property within the city.
(c) Specific
permits must be applied for separately when such activities are conducted
in conjunction with or as a part of a special event, whether on public
or private property. Separate permits will not be required for loudspeakers
in conjunction with the event. In any event in which concessions are
located, temporary permits for food service shall be obtained by each
food service provider by the county health inspector. In any event
in which alcohol may be served or sold, the permittee/applicant shall
be responsible for obtaining any necessary separate permits or approval
from the Texas Alcoholic Beverage Commission.
(Ordinance 2016-06-09-03 adopted 6/9/16)
In the event the special event manager or the special event
review committee determines, upon a review of the application, that
a special event may require the special attention and involvement
of city personnel or facilities, the city shall so notify the applicant.
The city may require the applicant to submit additional information
and planning documents for a special event to aid in determining the
burden on public infrastructure and personnel due to the special event.
In such event, prior to the issuance of a permit for a special event,
the applicant and the city shall agree upon the cost of police protection,
fire protection, emergency medical services, parks service, public
works service, cleaning, and the closure of roads, and the applicant
shall pay that amount to the city before a permit is issued. Prior
to the issuance of a permit for a special event, the applicant shall
agree in writing to pay any additional costs to the city incurred
as a result of the special event within ten (10) days of the date
upon which the city informs the applicant of the amount of such additional
costs.
(Ordinance 2016-06-09-03 adopted 6/9/16)