The following definitions will apply for purposes of this article:
Any music, speech or sound projected or transmitted by artificial means, including but not limited to amplifiers, loud speakers or any similar devices which emit sound. Any use of amplified sound under this article shall be and remain subject to article 14.04 of the city’s Code of Ordinances.
A person who has filed a written application for a permit pursuant to section 18.09.033 of this article.
Any gathering of residents of a particular street or neighborhood,
which gathering will require the closing of no more than one city
block (which block is not a state highway and does not have a traffic
flow in excess of 500 cars per day) and involves no more than 200
persons.
The chief of police of the city, or the chief’s designated
agent within the city police department.
Any gathering or procession of persons for the purpose of
making known their opinion as to any event or matter which gathering
or procession will involve the use of any public street or alley without
compliance with normal or usual traffic controls.
When used herein shall refer cumulatively to any demonstration,
parade, or recreational street use as those terms are described herein.
Any march or procession consisting of people, animals or
vehicles, or a combination thereof, except funeral processions, upon
any public street or alley, which does not comply with the normal
or usual traffic controls.
An individual, firm, partnership, corporation, association,
or other legal entity.
The use of a public street or alley for purposes including,
but not limited to marathons, walkathons, bikeathons, mini car races,
and similar recreational events, both charitable and noncharitable,
which do not comply with normal or usual traffic controls.
Any street over which the state maintains ownership or control
and which has been designated as a state highway by the state, and
includes but is not limited to streets in the city such as Lee Street,
Washington Street, Wesley Street, and Stonewall Street.
The entire width between the boundary lines of every way
publicly maintained, when any part is open for the use of the public
for the purposes of vehicular travel.
(Ordinance 06-167, sec. 1, adopted 12/12/06)
The city shall provide up to two (2) police officers as security
for demonstrations, parades, and recreational street use for a maximum
period of two (2) hours. Applicants of the event shall be required
to provide security upon the ratio of one (1) police officer for each
200 persons expected to attend such event. The two (2) police officers
provided by the city shall be counted as part of the total requirement.
Each applicant shall pay the cost for any and all additional off-duty
city licensed peace officers required for each event prior to the
beginning of the event. The charges shall be established by the chief
of police. The chief of police shall determine the number of officers
required for each event, and shall advise the applicant of the charge
therefore. The city police department will schedule an officer(s)
to be in attendance for all hours of scheduled event, and reserves
the right to provide additional officers at no additional cost to
the applicant.
(Ordinance 06-167, sec. 6, adopted 12/12/06)
If the application is for a parade or demonstration, the route
shall be so planned as to not pass through any intersection with a
traffic volume of more than ten thousand (10,000) vehicles per day
during the hours of 7:30 a.m. to 9:00 a.m., 11:30 a.m. to 1:30 p.m.
or 4:30 p.m. to 6:00 p.m. on weekdays and Saturdays. A current listing
of such intersections shall be kept on hand at the records desk of
the city police department and an applicant shall be notified immediately
if the proposed route conflicts with this requirement.
(Ordinance 06-167, sec. 5, adopted 12/12/06)
(a)
A person who promotes or sponsors a parade, demonstration, or recreational
street use that involves the use of a public street or alley, which
parade, demonstration or recreational street use occurs when no permit
for such activity has been issued, shall be guilty of a misdemeanor.
(b)
A person who participates in a parade, demonstration, or recreational
street use on a public street or alley when no permit for such activity
has been issued, with knowledge of that fact, shall be guilty of a
misdemeanor.
(c)
A person to whom a permit has been issued who intentionally or knowingly
violates the terms of the permit shall be guilty of a misdemeanor.
(d)
A person participating in a parade, demonstration, or recreational
street use for which a permit has been issued who intentionally or
knowingly violates the terms of the permit shall be guilty of a misdemeanor.
(e)
A person or organization promoting or sponsoring a parade, demonstration,
or recreational street use involving the proposed use of a public
street without compliance with normal or usual traffic controls shall
apply for and obtain a permit for such activity from the city.
(f)
Nothing in this article shall apply to any event scheduled or sponsored
by the city.
(Ordinance 06-167, sec. 2, adopted 12/12/06)
Any individual, association, or corporation violating any portion or provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction therefore, shall be punished by the assessment of a fine for each offense as provided in section 1.01.009 of this code. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The city council hereby dispenses with the requirement of establishing a culpable mental state in order to prove a violation of this article.
(Ordinance 06-167, sec. 15, adopted 12/12/06)
(a)
Any person desiring to hold an event shall file a written permit
application with the chief of police on a form provided by the chief
of police.
(b)
If the event will require the closing, in whole or in part, of a
state highway, then the application shall be filed with the chief
of police no more than 120 days prior to the date of the event, and
no less than 75 days prior to the date of the event.
(c)
If the event will not require the closing, in whole or in part, of
a state highway, then the application shall be filed with the chief
of police no more than 60 days prior to the date of the event and
no less than 30 days prior to the date of the event.
(d)
Any failure to meet the filing requirements set forth herein may
result in the denial of the application. The chief of police may waive
the timely filing requirement upon a written showing of good cause
for the failure to timely file the application. Such determination
of good cause shall be within the sole discretion of the chief of
police.
(e)
Irregardless of the foregoing, no permit shall be issued under subsection (b) herein unless the application is filed not later than 45 days prior to the date of the event. No permit shall be issued under subsection (c) herein unless the application is filed not later than 15 days prior to the date of the event. An applicant may appeal the denial of a permit for which said process is described in section 18.09.038(b).
(f)
Each application for a permit herein shall include the following
information:
(1)
If the applicant is an individual, the name, address and telephone
number of the applicant;
(2)
If the applicant is an organization, the name, address and telephone
number of the organization and the person acting for the organization
and responsible for the parade, demonstration, recreational street
use or outdoor event;
(3)
A detailed description of the proposed event;
(4)
A site plan of the proposed event which shall show at a minimum:
(A)
The area to be used;
(B)
The location of all structures to be erected or added at the site,
including but not limited to tents, stands, booths, rides, bleachers,
seating areas, stages and animal pens;
(C)
Sanitary facilities including the location and number of portable
or permanent restrooms, wastewater collection and trash collection;
(D)
Potable water source such as location of any water connections to
be used or the availability of bottled water;
(E)
Parking areas and routing of traffic in the area; and
(F)
Any and all street closures;
(5)
The proposed date of the parade, demonstration, recreational street
use, or outdoor event, the time at which units of the event will begin
to assemble at any such assembly area or areas, the time it will begin,
and the approximate time that it will end;
(6)
If the application is for a parade, identify the proposed starting
point, route, and termination point; and
(7)
If the application is for a demonstration, identify the public streets
and alleys to be affected;
(8)
If the application is for a recreational street use, indicate the
nature of the street use, the public streets and alleys to be affected,
and, if applicable, the starting point, route and termination point;
(9)
If the application is for an outdoor event, indicate the nature of
the street use, the public streets and alleys to be affected, and,
if applicable, the starting point, route and termination point;
(10)
Indicate the approximate number of persons, the kinds and number
of animals, and the kinds and number of vehicles expected to participate.
(g)
The application must be signed by the applicant or by the person
named as acting for an applicant organization.
(h)
No tickets to any outdoor event in the city shall be sold or distributed
prior to the issuance of a permit for the event by the chief of police.
(Ordinance 06-167, sec. 3, adopted 12/12/06; Ordinance 08-121, sec. 3, adopted 10/28/08)
No parade permit shall be required under this article for the
following:
(1)
The armed forces of the United States of America, the military forces
of the state, and the forces of the police and fire departments acting
within the scope of their duties.
(2)
A funeral procession proceeding by vehicle under the most reasonable
route from a funeral home, church, or residence of a deceased to the
place of service or place of interment.
(3)
A peaceful demonstration at a fixed location which is not a street.
(4)
A sidewalk procession which observes and complies with traffic regulations
and traffic-control devices, using that portion of a sidewalk nearest
the street, but at no time using more than one-half of the sidewalk.
(Ordinance 06-167, sec. 4, adopted 12/12/06)
The chief of police shall consider each application individually
and shall issue a permit to an applicant whose application complies
with the requirements of this article. A permit shall be issued within
ten (10) business days after the date the completed application is
filed if the application is for the closure of a city street and/or
a state highway for a closure of less than four (4) hours. Where the
closure of a state highway shall be for four (4) or more hours, a
permit shall be issued within ten (10) [days] after the applicant’s
completion of “The Agreement for the Temporary Closure of State
Right-of-Way” required by TxDOT. The applicant and chief of
police may agree in writing to extend the time limit if necessary.
At any time prior to a decision by the chief of police, the applicant
may amend the application and the chief of police shall make a decision
on the application as amended within five (5) days after the date
of the amendment.
(Ordinance 06-167, sec. 8, adopted 12/12/06)
The chief of police may impose reasonable conditions and/or
restrictions on the issuance of a permit, including but not limited
to the following:
(1)
Restrictions on fires, fireworks, the use of amplified sound, the
use of alcoholic beverages, sports, the use of animals, equipment
or vehicles, the location of any temporary structure, or any other
activity which, in the sole discretion of the chief of police, appears
likely to create an unreasonable risk of harm to the public;
(2)
A requirement that the applicant obtain and carry a minimum of $500,000.00
per occurrence in commercial general liability naming the city, its
officers, agents and employees as additional insureds for claims occurring
in the city’s rights-of-way;
(3)
A requirement that the applicant post a bond for the repair of any
damage to city property, the cost of cleanup, or both;
(4)
A requirement that the applicant furnish additional sanitary and
refuse facilities which might be reasonably necessary based upon the
use or activity for which the permit is being sought;
(5)
A requirement that the applicant comply with all applicable local,
state and federal law;
(6)
Any such other requirements which may be reasonably necessary to
protect the health, safety and/or welfare of those in attendance,
the citizens and/or property of the city, or any animals involved
in the event.
(Ordinance 06-167, sec. 9, adopted 12/12/06)
(a)
Application for an event shall be granted as described herein unless
the chief of police finds from a preponderance of the evidence that:
(1)
The applicant failed to supply any information required by this article;
(2)
False or misleading information is contained in the application;
(3)
The applicant refuses to amend the route or time so as to comply with provisions of section 18.09.003 of this article;
(4)
The applicant has not paid the permit fee required by section 18.09.033 of this article or failed to pay past fees associated with an event;
(5)
There is another parade, demonstration, recreational street use,
or outdoor event already scheduled for the same time and place, or
for a time and place that conflicts with the proposed activity;
(6)
The event could damage roadways or other facilities of the city;
or
(7)
The event or the preparations therefor would violate any applicable
federal, state or municipal law.
(b)
Every denial of a permit shall be in writing and shall state the
reasons for the denial. Said notice shall be immediately sent to the
applicant or shall be hand-delivered to the applicant.
(Ordinance 06-167, sec. 10, adopted 12/12/06)
At any time the chief of police may, after written notice to
the applicant, revoke the permit on a finding that the preparations
for the event will not be carried out as stated in the application
or the conditions imposed by the permit will not be met.
(Ordinance 06-167, sec. 11, adopted 12/12/06)
(a)
If the chief of police denies the issuance of a permit or revokes
a permit, the chief of police shall send the applicant or permit holder
by personal delivery or by a police officer with appropriate documentation
or by certified mail, return receipt requested, written notice of
the denial or revocation and of the right to an appeal.
(b)
Any applicant who is denied a permit by the chief of police may appeal
such denial to the city manager for hearing by serving written notice
of appeal to the office of the city manager within five (5) business
days of the denial. At such hearing, the applicant shall be allowed
the opportunity to show cause as to why the permit should be granted
or should not be revoked. The city manager shall render a written
decision granting or denying the application, or reinstating or revoking
the permit, as the case may be. The filing of a request for appeal
shall not stay the denial or revocation.
(Ordinance 06-167, sec. 12, adopted 12/12/06)
Each permit issued pursuant to this article shall state the
following minimum information:
(1)
The date of the event;
(2)
The time that the event will begin and terminate (including setup
time);
(3)
The portions of streets that will be traversed or may be occupied
or obstructed by the event;
(4)
The estimated number of persons who will attend the event, and, if
applicable, the estimated number of vehicles which will participate
in the event; and
(5)
Such other information which the chief of police may find reasonably
necessary to promote the health, safety and welfare of the general
public.
(Ordinance 06-167, sec. 13, adopted 12/12/06)
The applicant and any other persons, organizations, firms or
corporation on whose behalf the application is made, by filing such
application, do represent, stipulate, contract and agree that they
will jointly and severely indemnify and hold the city harmless against
liability for any and all claims for damage to property or injury
to or death of persons arising out of or resulting from the issuance
of the permit or the conduct of the parade or its participants.
(Ordinance 06-167, sec. 14, adopted 12/12/06)
