Applicant.
A person who has filed a written application for a special
event permit.
Person.
An individual, firm, partnership, corporation, association
or other legal entity.
Special event.
A temporary event or gathering (other than a private social
event which does not exceed twelve (12) hours in duration), not longer
than ten (10) consecutive calendar days in duration, using private
and/or public property, in which the estimated number of participants
exceeds twenty-five (25) during any day of the event and/or which
involves one (1) or more of the following activities:
(1)
Closing or modifying the traffic flow on a public street;
(2)
Blocking or restricting the use of public and/or private property;
(3)
Sale of merchandise, food or beverages on public property or
on private property where otherwise prohibited by ordinance;
(4)
Requiring the placement of temporary no-parking or traffic-control
signs in a public right-of-way;
(5)
Use of any voice amplification equipment;
(6)
Placement of equipment or cables across public streets, public
sidewalks or public rights-of-way;
(7)
Use of vehicles requiring auxiliary motors for self-contained
power units or generators;
(8)
Use of artificial lighting or floodlights;
(9)
Signs not in conformance with the Town’s zoning ordinance.
(1971 Code, sec. 13 3/4-1)
Any person or entity violating any of the provisions of this article or any requirement of a special event permit shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section
1.01.009 of this code.
(1971 Code, sec. 13 3/4-42)
A person commits an offense if he:
(1) Commences
or conducts a special event without a special event permit required
by this article; or
(2) Fails
to comply with any provision of this article.
(1971 Code, sec. 13 3/4-41)
(a) The
provisions of this article shall be administered and enforced by the
Director of Public Safety.
(b) The
Director of Public Safety has authority to issue a special event permit
that authorizes one (1) or more of the activities described as “special
events” when requirements of this article have been met.
(c) Nothing
in this article is intended to authorize business (for profit) activities
in those districts of the Town not zoned commercial.
(1971 Code, sec. 13 3/4-2)
The provisions of this article are cumulative of all Town ordinances.
Building permits, electrical permits, food establishment permits,
alcoholic beverage licenses and all other permits required by a Town
ordinance and/or other State or federal law required for specific
activities to be conducted in conjunction with or as part of the special
event shall be applied for separately in accordance with such applicable
Town ordinance and/or State or federal law.
(1971 Code, sec. 13 3/4-3)
(a) The
provisions of this article shall not apply to:
(1) A special event conducted entirely on:
(A) Property in business zoning districts;
(B) Property in country club zoning districts;
(C) Events conducted on public school property under the sponsorship
of the Highland Park Independent School District or its affiliate
organizations (Dad’s Club, PTA, etc.);
(2) Private parties, receptions and other social events of limited duration
conducted on private property (not to exceed twelve (12) hours).
(3) Upon the approval by the Town Council, food trucks located on private
property for a total duration of not more than 120 days. An application
for same must be filed with Town staff, and such application shall
include, at a minimum, the proposed location(s), hours of operation,
and length of time.
(b) In the event that a part of a special event is exempt under provisions of subsection
(a) above, and an additional part of the special event is proposed to be conducted on nonexempt property, the Director of Public Safety shall review that segment of the event proposed to be conducted on nonexempt property and issue a determination based on the requirements of this article.
(1971 Code, sec. 13 3/4-4; Ordinance 1967 adopted 3/23/15)
(a) A
person desiring to hold a special event shall apply in advance for
a special event permit by filing with the Director of Public Safety
a written application upon a form provided by the Town for that purpose.
The Director of Public Safety shall inform the applicant of any applicable
license or permit requirements, restrictions, regulations and fees
for Town services. An application shall be filed not less than forty-five
(45) days before the special event is to begin. The Director of Public
Safety may waive the 45-day filing requirement if he determines that
the application can be processed in less than forty-five (45) days,
taking into consideration the number and types of permits required
to be issued in conjunction with the special event permit. The completed
application shall be returned to the Director of Public Safety at
least twenty (20) days before the event unless, in the opinion of
the Director of Public Safety, the application can be processed in
less time.
(b) A
completed application shall contain the following information:
(1) The full name and principal office of the individual, firm, partnership,
corporation, association or other legal entity applying for the special
event permit;
(2) The name, address and telephone number of the person or persons responsible
for the conduct of the special event;
(3) A description of the special event and requested dates and hours
of operation for the event;
(4) The estimated number of persons to participate in the special event;
(5) A sketch showing the areas to be used during the special event along
with proposed structures, tents, fences, barricades and signs. It
shall be the applicant’s responsibility to make private arrangements
for the execution and dismantling of all signs and barricades used
in the event unless, in the opinion of the Director of Public Safety,
legitimate circumstances indicate a public necessity for the Town
to supply, erect and dismantle the signs and/or barricades, in which
case he may authorize use of Town equipment and/or personnel to provide
such traffic-control devices;
(6) Provisions for parking with a designation of where, if applicable,
no-parking signs will be used;
(7) Full details of how the applicant proposes to provide security and
traffic control;
(8) The time and location of public street closings, if any are requested;
(9) Full explanation of the sale of merchandise or the sale or serving
of food or alcoholic beverages at the special event, if any;
(10) Description of animals to be used in the special event, if any;
(11) Details of how the applicant will clean up the area used after the
special event, if on public property; and
(12) Proof that the applicant possesses or will obtain all licenses and
permits required by Town ordinance and/or by State or federal law
for the conduct of the special event.
(13) Applicants for block parties which include barricading streets shall
present written documentation that all residents residing in the affected
block have been notified of the proposed dates and times of the street
blockage. Applicants for block parties shall only be required to provide
items (1), (2), (3), (4), (8), and (11) above and the written documentation
described herein.
(14) Applicants for special event permits involving location filming or
videotaping shall present written documentation that each property
owner in the affected block and the immediately adjacent blocks has
been contacted and is aware of the proposed dates, times and scope
of the filming and type of vehicles and equipment to be used. Such
written notice shall further direct residents who object to the filming
to contact the Director of Public Safety and advise him of their areas
of concern.
(c) Upon
receipt of the properly competed application, the Director of Public
Safety shall forward a copy of the application to the Public Works,
Parks and Sanitation Departments if any part of the proposed event
affects an area of Town operations for which the respective departments
have responsibility. Each department shall review the application
and return it with any written comments to the Director of Public
Safety within five (5) working days of receipt thereof.
(d) After reviewing the application, which meets all of the applicable requirements of this article and with favorable departmental comments, the Director of Public Safety shall issue the special event permit unless denial is required by section
1.12.032. A special event permit will be issued, subject to the provisions of this article, for a period not to exceed ten (10) consecutive days.
(1971 Code, sec. 13 3/4-21)
(a) The
Director of Public Safety shall deny a special event permit for any
of the following reasons:
(1) The applicant fails to comply with any provision of this article;
(2) A special event permit has been granted for another special event
at the same place and time or in the same area of the Town on successive
days;
(3) The applicant fails to publish any public notice required under this
article;
(4) The proposed special event will unreasonably disrupt the orderly
flow of traffic and no reasonable means of rerouting traffic or otherwise
meeting traffic needs is available. Special events should avoid using
Mockingbird Lane and Preston Road. The Director may deny a permit
for any event requiring traffic stoppage on any thoroughfare;
(5) The applicant fails to adequately provide for any of the following:
(A) The protection of private property adjacent to the special event
location.
(B) Protection of public and private property.
(C) Crowd security, taking into consideration the size and character
of the event; in any progressive event such as a race or bike-a-thon,
the Director of Public Safety shall deny a permit if the number of
participants will exceed four thousand (4,000) and/or the proposed
starting time is after 8:00 a.m., and all participants will not exit
the prescribed course within the Town prior to 9:30 a.m.
(D) Emergency vehicle access.
(E) General well-being and safety of the participants as detailed by
the proposed activities contained in the application.
(6) The applicant fails to provide written documentation of neighborhood awareness as provided in section
1.12.031 of this division.
(7) The applicant fails to comply with, or the proposed special event
will violate, any Town ordinance or State or federal law.
(8) The applicant makes a false statement of any material fact on the
application for a special event permit.
(9) The applicant fails to provide proof that he possesses or is able
to obtain a license or permit required by Town ordinance or other
applicable law for the conduct of all activities included as part
of the special event.
(10) The applicant fails to provide proof in those instances where the
proposed special event also involves adjacent jurisdictions.
(b) The
Director of Public Safety shall revoke by written notice a special
event permit if:
(1) The applicant fails to comply with, or the special event is in violation
of, a condition or provision of the special event permit, an ordinance
of the Town or any State or federal applicable law;
(2) The permit holder made a false statement of material fact on an application
for a special event permit.
(1971 Code, sec. 13 3/4-22)
(a) The
Director of Public Safety may issue a permit for a special event and
shall impose such conditions upon the permit as may be necessary to
protect the public. These conditions may include, but may not be limited
to, the following:
(1) No commercial filming, videotaping or still photography shall occur
on public property, or affecting public property, before 7:30 a.m.
or after 7:00 p.m. The Director of Public Safety may extend, with
approval of the residents, these hours upon a demonstration of necessity
and/or upon a showing the exception shall not disturb the public.
All other special events shall not be scheduled before 7:30 a.m. nor
after 10:00 p.m. unless otherwise provided by the Town Council;
(2) No gunfire, explosives, pyrotechnics or other noise-creating devices
shall be permitted unless special authorization is granted by the
Town Council;
(3) No permits shall be issued for any public or private property upon
which there are violations of the fire code, nor will a permit be
issued for any activity, scene or representation of an event which
the Town Fire Marshal deems hazardous to the environment or public
health; and
(4) No permit shall be required for filming, videotaping or still photography
by an individual when such activities are for that individual’s
personal entertainment, nor shall any permit be required for such
activities related to news gathering or for investigative purposes.
(b) Upon
approval of a progressive special event, the applicant shall be required
to publish notices of at least four (4) column inches each in size,
in the Park Cities News and the Park Cities People, for two (2) consecutive
issues immediately prior to the date of the scheduled event, of the
proposed route, date, time and approximate number of participants
in said event.
(1971 Code, sec. 13 3/4-23)
In the event the Director of Public Safety denies issuance of
a special event permit or revokes such a permit, he shall send the
applicant or permit holder, at the applicant’s address on file
with the Town, written notice of the denial or revocation and of the
right to an appeal, by certified mail with return receipt requested.
The applicant or permit holder may appeal the decision of the Director
of Public Safety to the Town Administrator within ten (10) working
days of the denial or revocation. Should the applicant or permit holder
elect to appeal the decision of the Town Administrator, the appeal
of the denial or revocation may be heard by the Town Council.
(1971 Code, sec. 13 3/4-24)