The special events manager shall have authority to require that
applicant send notices of upcoming events to abutting property owners
when, in his judgment, the event is of a scope and nature that will
impact those owners.
(Ordinance 2016-06-09-03 adopted 6/9/16)
(a) The
applicant shall submit evidence that sufficient parking has been provided
to accommodate the projected number of users with a 10% surplus. If
said parking is to be on private property adjacent to the event, written
evidence that the applicant has a right of possession of said property
through ownership, lease, license, or other property interest must
be provided. When the location is not an established parking area,
a plan shall be submitted which will show how the needed parking will
be achieved and arranged. The number of parking spaces and layout
of parking area, including aisle widths and size of parking spaces,
shall be included in the submittal.
(b) When
adequate parking is not available at or immediately adjacent to the
site of the event, off-site parking may be used. Plans shall be submitted
which will show how off-site parking and transfer of attendees will
be accomplished. This section shall not apply to events wholly contained
in the downtown historic district.
(Ordinance 2016-06-09-03 adopted 6/9/16)
The city shall have the authority, when reasonably necessary
as determined by the police department, to prohibit or restrict the
parking of vehicles along a street or highway or part thereof adjacent
to the site of the special event. The city may give five (5) days'
advance notice or post signs to such effect, and it shall be unlawful
for any person to park or leave unattended any vehicle in violation
thereof.
(Ordinance 2016-06-09-03 adopted 6/9/16)
Trailers or other vehicles may be temporarily occupied as living
quarters at the site of such events. Such vehicles and trailers shall
be parked not less than 300 feet from any residential district.
(Ordinance 2016-06-09-03 adopted 6/9/16)
Rides and/or attractions associated with special events shall
conform to the statutory rules and regulations set forth in Texas
Occupations Code, chapter 2151, designated the Amusement Ride Safety
Inspection and Insurance Act, as amended.
(Ordinance 2016-06-09-03 adopted 6/9/16)
A special event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily. The police department shall be responsible for enforcing this provision. The special events manager may waive the time limit on certain events when good cause is demonstrated by the sponsors. Appeals of time limit restrictions shall be heard in accordance with section
1.13.055.
(Ordinance 2016-06-09-03 adopted 6/9/16)
Any special event which includes the use of a tent, canopy,
or temporary structure shall meet the requirements in the fire code
or other relevant safety codes adopted by the city. Fire lanes for
emergency equipment must be provided and the site prepared in a manner
so as not to be a fire hazard as determined by the fire chief.
(Ordinance 2016-06-09-03 adopted 6/9/16)
Where food service is provided, said operation shall be in compliance
with all provisions of the food establishment ordinances of the city,
county as well as all other applicable state and local laws.
(Ordinance 2016-06-09-03 adopted 6/9/16)
A minimum of two portable type sanitary facilities for each
gender must be provided on the premises of the event, or such additional
units as may be determined necessary by the city based on anticipated
attendance.
(Ordinance 2016-06-09-03 adopted 6/9/16)
Waste from animals used in any such event shall be removed daily
from the grounds. Should animals be kept within the city limits at
night, they shall be kept not less than 300 feet from any residential
or commercial districts.
(Ordinance 2016-06-09-03 adopted 6/9/16)
(a) Any
special event or related activity desiring use of water from the city
water system must coordinate with the utility operations department
to obtain a temporary meter. Deposit for the meter and payment for
water used shall be in accordance with ordinances of the city.
(b) The
applicant shall submit a plan for the disposal of wastewater and the
plan shall be approved by the city.
(Ordinance 2016-06-09-03 adopted 6/9/16)
Commercial solid waste dumpsters sufficient for the size of
the event must be provided on-site at all outdoor special events.
Applicants should make arrangements for the provision of such dumpsters
with the commercial solid waste disposal company currently under franchise
contract with the city.
(Ordinance 2016-06-09-03 adopted 6/9/16)
When loudspeakers will be used in conjunction with the event,
the location and orientation of speakers shall be indicated along
with the planned hours of use. Speakers which are positioned so as
not to adversely affect an adjacent residential district may be used
between the hours of 7:00 a.m. and 10:00 p.m. when a special event
permit has been obtained. Any use of loudspeakers other than described
shall first obtain the approval of the special events manager.
(Ordinance 2016-06-09-03 adopted 6/9/16)
Signage used in accordance with the event shall comply with
the sign regulations of the city under the provisions for promotional
signage. Signs advertising the event or directing potential customers
to the event site are expressly prohibited from placement in the city
rights-of-way.
(Ordinance 2016-06-09-03 adopted 6/9/16)
Sales or service of alcoholic beverages must be in compliance
with all other local ordinances and applicable provisions of the Alcoholic
Beverage Code and Texas alcoholic beverage commission rules. Alcohol
may be sold or consumed in a public park or public street, sidewalk
or parking area adjacent to a public park during a special event if
a special events permit has been issued.
(Ordinance 2016-06-09-03 adopted 6/9/16)
(a) A
parade or special event shall not substantially interrupt the safe
and orderly movement of traffic near the block party, parade or special
event.
(b) The
city has the right (but not the obligation) to postpone, cancel or
close early the parade or special event because of hazardous weather
or other acts of God or for public safety and welfare. The city shall
have no liability for such postponement, cancellation, or closure.
Further, the city shall have no liability from the failure to postpone,
cancel, or close early the parade or special event under such conditions.
(c) Each
permittee granted permission for a special event shall be required
to attend a pre-planning meeting with city staff at least once at
a minimum of 90 days before the special event or parade. The permittee
shall ensure that designated representatives of each primary event
participant is in attendance.
(d) A
parade shall move from its point of origin to its point of termination
without unreasonable delays en route.
(e) Any
child participating in a parade or special event must have adult supervision.
(f) Each
marching unit, organization or entry in the parade will only be allowed
to conduct stationary performance at specified and approved locations.
(g) A
parade or special event shall not interfere with proper fire and police
protection of, or ambulance service to, areas near the block party,
parade or special event or unreasonably require the diversion of police
and fire protection and ambulance service from other parts of the
city.
(h) A
permit holder shall comply with all directions and conditions contained
within the permit and with all city ordinances and other applicable
laws.
(i) The
city, when reasonably necessary, may prohibit or restrict the parking
of vehicles along a street or highway or part thereof on a parade
route or part thereof or on the approach to a parade or special event.
The city shall post notice to such effect at least twenty-four (24)
hours prior to the event; and it shall thereafter be unlawful for
any person to park, leave, or strand any unattended vehicle in violation
thereof.
(j) The
city, when reasonably necessary, may temporarily close or restrict
the use of city streets or other public property for a parade or special
event. The director of public works is authorized to install temporary
traffic-control devices for the temporary closure or restriction of
city streets and public property for parades or special events. It
shall be unlawful for any person to disregard or disobey any such
temporary traffic-control device unless otherwise directed by a police
officer.
(k) The
city, when deemed necessary, may require the applicant of a parade
or special event to utilize chip timing.
(l) The
driver of any vehicle shall obey the instruction of any traffic-control
device applicable thereto placed in accordance with the city's ordinances
or the Texas Transportation Code, unless otherwise directed by a police
officer.
(m) Speeds
of a parade vehicle greater than 10 miles per hour are not reasonable
and prudent. A person operating a parade float or other parade vehicle
at a speed greater than 10 miles per hour is subject to removal from
the parade by a police officer or other designated parade official.
(n) Operators
of parade floats and other parade vehicles will make every attempt
to keep a maximum of thirty (30) feet between their float and the
walking parade participants and float operated directly in front of
them. Operators of parade floats and other parade vehicles that continually
lag behind the steady course of the parade may be removed from the
parade by a police officer or other designated parade official.
(o) Operators
of specialized vehicles or performance-enhanced vehicles in the parade
are subject to laws set forth in the Texas Transportation Code as
they relate to the safe operation of motor vehicles, especially §
545.401, reckless driving; offense: (a) A person commits an offense
if the person drives a vehicle in willful or wanton disregard for
the safety of persons or property. Additionally, any operator of a
vehicle participating in an exhibition of acceleration will be cited
by law enforcement officers and immediately removed from the parade.
(p) Riders
of floats must keep all appendages contained within the float and
away from any and all wheel wells.
(q) Decorations,
equipment and paraphernalia must be firmly attached to the float or
deemed safe by city personnel enforcing the special event article.
(r) The
throwing, tossing, or distribution of candy, beads, or other material
from a parade float or other vehicle is specifically prohibited. Candy,
beads, or other material may be distributed to spectators by walkers
adjacent to parade floats or other vehicles provided that such distribution
does not interfere with the orderly movement of the parade and no
spectators are required to move into the parade path to retrieve said
material. Any violation of this provision will result in the parade
float or vehicle removal from the parade.
(s) All
floats or decorated vehicles utilizing portable generators shall carry
a 2A:10BC fire extinguisher with a current inspection tag.
(t) Float
length shall not exceed 55 feet, including the tow vehicle, nor shall
the width or height exceed 14 feet.
(u) The
operator of any animal shall obey the instruction of law enforcement
personnel as well as any traffic-control device set up for the parade.
(v) All
animal and riders participating in a parade or special event must
be able to demonstrate to designated representatives for the city
an acceptable level of desensitization on the part of the animal(s).
Animal must demonstrate they do not have any uncontrollable “fight
or flight” mechanism when around crowds, noises, flags and numerous
distractions that are possibly around or close by the animals at such
events.
(w) All
animal riders who wish to participate in any parade or special event
in the city shall attend a pre-parade planning meeting. Failure to
attend shall eliminate the rider or group of animal riders from participating
in that particular parade or special event.
(x) All
animal riders shall sign a standard liability release, which will
be collected by city representative(s) at the pre-planning meeting.
(y) All
animal riders must also show their ability to handle their mount in
activities such as a parade or special event where there are crowds
and distractions. The actions of any animal entered into a parade
or special event are the responsibility of the rider/keeper. If an
animal displays behavior that seems to jeopardize the safety of parade
entrants or bystanders, the animal will be subject to removal from
the parade or special event by parade officials.
(z) Animal
riders 12 years of age and up to 16 years of age must show an acceptable
ability to handle their mount at such events and under the conditions
stated above. There must be a ratio of 2:1 17-year-olds or older for
every 12–16-year-old rider in the parade. Additionally, animals
ridden by 12–16 year olds must have either a “catch rope”
assembly or halter and lead rope rigging attached to the animal during
the course of the event to aid in gaining control of the animal immediately
if the animal were to show signs of becoming uncontrollable. Riders
of this age group must have either an experienced animal man/animal
person by them at all times during the parade or special event either
on animal back or walking whereas this person can take immediate control
of the animal using the catch rope or halter/lead rope device ensuring
the safety of the rider and individual(s) that might be in close proximity
to the animal(s).
(aa) Riders under the age of 12 years of age will not be allowed to handle
or ride animals at parades or special events.
(bb) The equestrian/animal unit shall provide a list of participants and
proof of insurance liability that would cover the rider and animals
as well as the city from any liability resulting from any incident
that might occur during the parade or special event ten days prior
to the special event or at the pre-parade planning meeting.
(cc) Each equestrian/animal unit shall provide their own clean-up crew
and equipment. The clean-up crew shall be positioned directly behind
the unit.
(Ordinance 2016-06-09-03 adopted 6/9/16)
(a) When
a special event or parade as defined in this article is partially
or fully contained on the city rights-of-way or property(s), the applicant
for a special event permit shall furnish the special events manager
with a certificate of insurance complying with standards established
by the Mayor. Insurance shall include property, bodily injury, and
municipal liability coverage. The city must be shown as an additional
named insured party on the insurance declaration. One (1) original
copy of insurance must be submitted at least thirty (30) days prior
to the special event and/or parade.
(b) The
city shall have the right to lower, waive, or increase the public
liability insurance limits based upon the type of event, equipment,
machinery, location, number of people involved and other pertinent
factors or risks associated with the event.
(c) An
applicant shall have the right to show cause why the insurance requirement
should be reduced or waived, and to present such request to the special
events manager. Upon receipt of such request, the special events manager
shall consult with the Mayor or his designee. The city shall respond
to an applicant's request for lower insurance or waiver within five
(5) days from the date of request.
(d) If
a mutually agreeable insurance limit cannot be agreed upon, the application
shall be considered denied.
(Ordinance 2016-06-09-03 adopted 6/9/16)
When a special event as defined in this article is partially
or fully contained on city property, the applicant for a special event
permit shall sign an agreement provided by the city to indemnify and
hold harmless the city, its officers, employees, agents, and representatives
against all claims of liability and causes of action resulting from
injury or damage to persons or property arising out of the special
event.
(Ordinance 2016-06-09-03 adopted 6/9/16)
(a) When
a special event ordinance is partially or fully contained on city
property, a surety bond shall be deposited with the city in the amount
of $10,000.00 conditioned that no damage will be done to the city
property, streets, sewers, trees, irrigation system, or adjoining
property and that no dirt, paper, litter, or other debris will be
permitted to remain upon the city property or streets or upon any
private property by the applicant. The surety bond shall be returned
to the permittee within ten (10) days after said permit expires upon
certification by the special events manager that all conditions of
this article have been complied with. Should actual costs for policing,
repairs of damages, and cleaning not exceed this amount, the remainder
shall be reimbursed to the permittee by the city. In the event that
actual costs exceed this amount, the permittee shall pay such additional
sum to the city within ten (10) days from the date of notification.
If that amount is not paid, no future permits shall be issued to the
same permittee for a period not to exceed five years and until said
amount is paid. Nothing herein shall preclude the city from enforcing
any legal or equitable remedy against the permittee in addition to
the bond. The applicant shall have the right to show evidence why
the bond should be lowered or waived to the special events manager.
Appeals shall be heard in accordance with provisions of this article.
(b) When
an event is fully contained on private property, all paper, litter,
or other debris shall be removed from the event site within three
(3) days. If after the third day the event site is not cleaned to
the satisfaction of the police chief, or his designee, a citation
may be issued to the permittee. A separate citation may be issued
for each day the permittee fails to remediate the litter or debris.
If the city incurs costs for cleaning, the entire amount shall be
reimbursed. If a citation is issued or the city incurs costs for cleaning,
no future permits shall be issued to the same applicant/permittee
for a period not to exceed five (5) years. Nothing herein shall preclude
the city from enforcing any legal or equitable remedy against the
applicant/permittee. Appeals shall be heard in accordance with provisions
of this article.
(Ordinance 2016-06-09-03 adopted 6/9/16)
(a) A
person commits an offense if he commences, aids, or holds a special
event or parade without a permit, with a permit that has expired or
been revoked, or fails to comply with any requirement or condition
of a permit of this article.
(b) A
culpable mental state is not required for the commission of an offense
under this section to the extent permitted by the Texas Penal Code.
(c) It
is determined that this section governs public health, safety and
welfare, including fire safety, and therefore any person who violates
a provision of this article shall be guilty of a misdemeanor and upon
conviction shall be subject to a fine not to exceed two thousand dollars
($2,000.00) for each offense, and each and every day such violation
shall be deemed to constitute a separate offense.
(d) In
addition to the penalties set forth above the city may seek injunctive
relief in a court of competent jurisdiction for the purpose of enforcing
this article.
(Ordinance 2016-06-09-03 adopted 6/9/16)