As used in this article, the following words shall have the
definitions ascribed to them by this section:
includes destruction or damage to public or private property
and negative impacts on the health or safety of the public.
means the temporary restriction, in whole, of vehicular use
of a segment of a public street.
has for its objective the promotion of the public health,
safety, morals, general welfare, security, prosperity and contentment
of all the inhabitants or residents within the city as a community
and not merely as individuals.
means the handling of events which last no more than four
(4) hours, such as parades, marches, and other such events, and using
authorized law enforcement personnel who accept the responsibility
for the traffic control as being within their capabilities to protect
and direct all parties involved.
means any temporary event which requires the closure of any
city-owned park or the closure or use of any public street in connection
with the same, including, but not limited to, art exhibits, business
fairs, special promotions, and religious, civic, sports, and political
events.
means the temporary restriction, in part only, of vehicular
use of a segment of a public street.
(Ordinance 96-023, sec. 2, adopted 4/8/96; Ordinance 96-045, sec. 1, adopted 8/12/96; Ordinance 99-024, sec. 1, adopted 3/25/99; 1988 Code, sec. 24-61)
(a)
There
is hereby created a special events committee, which shall be composed
of the city manager, city attorney, city engineer, chief of police,
fire chief, director of community facilities and director of the Paris-Lamar
County health department.
(b)
The
special events committee shall be responsible for reviewing and approving
applications and plans from any group or person requesting the closure
or use of any street in connection with a special event.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-62)
(a)
Special
events, for the purpose of this article, shall not include the following:
(1)
Any event which may meet the definition of a special event, but which
takes place at a location other than upon a public street, including,
but not limited to, carnivals or fairs held at the fairgrounds or
upon privately owned parking lots;
(2)
Any event which may be managed by routine traffic control as defined
in this article, including, but not limited to, bicycle events, marathons
and walkathons.
(b)
The
following events are prohibited:
(1)
Any event which does not serve a public purpose as defined in this
article;
(2)
Any event which is not consistent with the safety of the traveling
public;
(3)
Any event which does not insure that the convenience of abutting
property owners and residents is protected, and that adequate access
for such persons to their property is assured; or
(4)
Any event which will create a problem or concern regarding health
or safety, which will likely cause the occurrence of adverse effects
on surrounding properties, or which will cause substantial negative
impacts to the environment, including landscape features.
(Ordinance 96-023, sec. 2, adopted 4/8/96; Ordinance 96-045, sec. 2, adopted 8/12/96; 1988
Code, sec. 24-63)
Any group or person desiring a permit for closure of a public
right-of-way or park within the city is subject to the following:
(1)
(A)
No special event shall be conducted within a city-owned park or upon
or within the right-of-way of any street or road designated by the
state as a state highway or farm-to-market road without a permit issued
under this article.
(B)
In the event that closure of a state highway is requested, the special
events committee shall, upon approval of the application and plans,
submit to the city council a contract with the state for the closure
of such street. Closure of state highways is subject to final approval
by the state.
(2)
For
the closure of a public right-of-way, expected attendance at the event
must be at least five thousand (5,000) people.
(3)
For
the closure of a city-owned park, expected attendance shall be that
amount deemed appropriate by the special events committee based upon
the size of the area requested to be closed.
(4)
Adequate
detours for the traveling public must be established, if applicable.
(5)
The
businesses located in the area for which closure is requested must
not be adversely affected by such closure, if applicable.
(6)
If
applicable, if an event is conducted during the business hours of
businesses located in the affected area, the nature of the event must
be reasonably consistent with that of such businesses so that those
businesses can expect to be financially benefited from such event.
(7)
Staking
in asphalt, concrete surfaces, grass areas or shrub beds is prohibited.
(Ordinance 96-023, sec. 2, adopted 4/8/96; Ordinance 99-024, sec. 2, adopted 3/25/99; 1988
Code, sec. 24-64)
Any group or person desiring a permit for use, as opposed to
closure, of a public right-of-way within the city is subject to the
following:
(1)
(A)
No special event shall be conducted upon or within the right-of-way
of any street or road designated by the state as a state highway or
farm-to-market road.
(B)
In the event that use of a state highway is requested, the special
events committee shall, upon approval of the application and plans,
submit to the city council a contract with the state for the use of
such street. Use of state highways is subject to final approval by
the state.
(2)
Use
of streets shall not be allowed if such use will interfere with the
public use of the street or sidewalk or that will create a dangerous
condition on the street or sidewalk.
(3)
Such
event shall be conducted only during hours of daylight, and shall
be conducted no more than two (2) consecutive twenty-four (24) hour
periods each year per organization.
(4)
No
person under eighteen (18) years of age shall take part in any event
upon public rights-of-way.
(5)
Persons
conducting or taking part in an event shall, at all times during which
the event is being conducted, wear orange traffic safety vests.
(6)
Each
person or organization conducting an event upon public rights-of-way
shall designate a person to be in charge of and responsible for each
intersection and/or portion of public right-of-way upon which such
event is to be conducted.
(7)
Each
and every person taking part in an event upon public rights-of-way
shall execute a hold harmless agreement in the form provided by the
city, and an applicant for a permit under this article may be subject
to a fine and the immediate revocation of a permit if any person who
has not executed a hold harmless agreement is found to be taking part
in such event.
(8)
Signs
giving adequate notice of the nature of the event to travelers shall
be posted at least one (1) block prior to the location of the event
and at the beginning location of the event.
(9)
An
adequate number of orange traffic cones must be placed in the area
for which use is requested in order to insure that persons standing
within such area are protected from injury by moving vehicular traffic.
(10)
Staking in asphalt, concrete surfaces, grass areas or shrub beds
is prohibited.
(Ordinance 96-045, sec. 3, adopted 8/12/96; 1988 Code, sec. 24-65)
No permit under this article shall be issued to any person who
has been convicted of the commission of a felony in a court of competent
jurisdiction within three (3) years of the date of the application,
to any person who has been on probation or parole as a result of a
felony within one (1) year of the date of the application, or to any
person who has knowingly made any false, misleading or fraudulent
statement of fact in the permit application. A permit shall not be
issued to any person who has been convicted of a violation of any
of the provisions of this article, or to any person whose permit has
previously been revoked, if such conviction or revocation occurred
within one (1) year of the date of the application. The provisions
of this section shall, in no way, be construed as limiting the city’s
discretion in refusing to grant permits to persons convicted of felonies.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-66)
Any group or person requesting temporary closure or use of any
street for any purpose other than ordinary use and that will affect
the flow of traffic shall file a written, sworn application with the
city manager at least sixty (60) days prior to the special event.
The application shall be accompanied by all plans and application
fees required hereafter and shall state thereon the following:
(1)
The
full name, driver’s license number, social security number,
and business, permanent and local addresses and telephone numbers
of the person making application.
(2)
If
a nonprofit organization, the organization’s business address,
telephone number and contact person, if any, and the names, addresses
and telephone numbers of the officers and directors or trustees of
the organization.
(3)
If
a corporation, the applicant shall state whether such corporation
is organized under the laws of the State of Texas or is a foreign
corporation, and must show the mailing address, business location,
telephone number, name of the individual in charge of the local office
of such corporation, if any, and the names and addresses of all officers
and directors or trustees of said corporation, and, if a foreign corporation,
the place of incorporation.
(4)
The
date(s) on which the event will take place.
(5)
The
proposed schedule of start and stop times.
(6)
The
approximate number of people expected to attend the event.
(7)
A
detailed description of the event.
(8)
If
the purpose of the event is to offer goods for sale, the kind, type
and character of goods.
(9)
A
list of the equipment to be used.
(10)
A description of the specific area for which use or closure of streets
is requested.
(11)
The names, addresses and telephone numbers of all persons who will
be in charge of or manage the event, including emergency telephone
numbers where such persons can be reached during the event.
(12)
A list of all vendors, including food vendors, and the kind, type
and character of goods offered. If a complete list of all vendors
cannot be provided at the time of the filing of the application, then
supplemental lists must be filed periodically with the special events
committee.
(13)
The last three (3) places where the applicant either conducted or
was a part of a special event, stating the nature thereof and giving
the applicant’s full address in each place.
(14)
Whether or not the applicant or any other person who will be in charge
of or manage the event has been convicted of the commission of a felony
in a court of competent jurisdiction within three (3) years of the
date of the application or on probation or parole as a result of a
felony within one (1) year of the date of the application.
(15)
Whether or not the applicant or any other person associated with
applicant’s organization has previously been denied a permit
issued under the provisions of this article.
(16)
A statement that applicant shall assume all costs associated with
the special event.
(17)
Any other information which the city deems necessary for the administration
of this article.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-67)
(a)
The
following plans shall be fully completed and presented to the city
at the time of the filing of the application:
(1)
Security plan.
Is subject to final approval by the chief
of police and shall provide for the following:
(A)
Based upon the estimated attendance at the event, state the number
of security officers planned for the event for which arrangements
have already been made, if any, or alternately, state the number of
off-duty police officers for which use is requested from the city
police department.
(i)
The number of security officers required for an event in order
to ensure adequate protection and safety for citizens and property
may vary depending on the nature of the event.
(ii)
If applicable, payment for off-duty or overtime officers is
due no later than ten (10) days prior to the event based on the estimated
time officers will be needed. Any overpayment will be refunded, and
any underpayment must be remedied immediately upon conclusion of the
special event worked or, preferably, upon the completion of a shift
worked by an officer.
(B)
Designate individuals who are in charge of or who are managing the
special event as contact persons in case of an emergency or if emergency
circumstances arise. Emergency telephone numbers must be included.
(C)
All persons employed by or actively participating in any special
event must develop a system of identification, such as badges, ribbons,
I.D. cards, etc.
(D)
Any other requirements which the special events committee deems necessary
to provide adequate protection and safety for citizens and property.
(2)
Fire plan.
Is subject to final approval by the fire
chief and shall provide for the following:
(A)
List all equipment, including tents, mechanical equipment, sanitary
facilities, etc.
(B)
Permit appropriate passage allowance for emergency vehicles and submit
detailed plans for the same.
(C)
Meet all requirements of the fire prevention code, a copy of which
is filed with the city clerk and is available for examination by any
applicant. Permits will be required, when applicable.
(D)
Any other requirements which the special events committee deems necessary
to provide adequate protection and safety for citizens and property.
(3)
Traffic plan.
Is subject to final approval by the city
engineer, chief of police and fire chief and shall provide for the
following:
(A)
A traffic-control plan which provides for and allows appropriate
passage allowance for emergency vehicle travel and an adequate detour
route for the traveling public, and submit detailed plans for the
same.
(B)
Detailed traffic signing, including detour signs, and a barricade
placement plan.
(C)
Show availability, location and quantity of public parking.
(D)
If private parking is to be used, submit written permission from
the property owner.
(E)
Allow adequate access for abutting property owners during closure
and submit detailed plans for the same.
(F)
Any other requirements which the special events committee deems necessary
to provide adequate traffic control.
(4)
Sanitation plan.
Is subject to final approval by the
city engineer and the director of the Paris-Lamar County health department
and shall provide for the following:
(A)
List all food vendors who will operate at the event. This list must
be complete prior to the event in order for all food vendors to be
inspected. Health permits shall be required of all food vendors, the
fees for such permits being in addition to the application fee, and
such food vendors should be prepared to pay for such health permit
prior to the event.
(B)
A plan for disposing of food services gray water.
(C)
Based upon the estimated attendance at the event, a detailed plan
for and description of locations for sanitary facilities. A minimum
of one (1) facility per five hundred (500) people is required.
(D)
Permits will be required, when applicable.
(E)
Any other requirements which the special events committee deems necessary
to provide adequate protection of the health and safety of the citizens.
(5)
Cleanup plan.
Is subject to final approval by the fire
chief, the director of community facilities and the director of the
Paris-Lamar County health department and shall provide for the following:
(A)
A detailed plan adequate to guarantee cleanup by the time the permit
expires.
(B)
A cash bond to guarantee cleanup shall be posted at the time the
permit is issued and the amount will be determined by the special
events committee and will depend on the size and nature of the event.
(C)
Any other requirements which the special events committee deems necessary
to insure adequate cleanup of the area.
(6)
Electrical plan.
Is subject to final approval by the
city engineer and shall provide for the following:
(A)
Meet all requirements of the electrical code, a copy of which is
filed with the city clerk and is available for examination by any
applicant.
(B)
Permits will be required, when applicable.
(C)
Any other requirements which the special events committee deems necessary
to provide adequate safety for citizens and property.
(7)
Plan for layout of vendors, booths, etc.
Is subject
to final approval by each member of the special events committee and
shall provide for the following:
(b)
If
any plan submitted is deemed inadequate by the special events committee,
the applicant shall have five (5) business days to correct such inadequacies,
provided that all corrected or amended plans be submitted no later
than twenty (20) days prior to the event.
(c)
A
permit will not be issued if any plan required by this section is
deemed inadequate by the special events committee and such inadequacies
are not remedied within the permitted time.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-68)
(a)
Applicants
for a permit under this article shall, at the time of the filing of
the application, furnish the city with a certificate of insurance
for special events complying with the standards established by the
city and in such amounts as required by the city, showing the city
as an additional insured, and shall execute a waiver of liability
in favor of the city on a form provided by the city.
(b)
In
the event a state-maintained street or highway right-of-way is involved,
the applicant shall furnish the city with a certificate of insurance
for special events complying with the standards established by the
city and in such amounts as required by the city, provided that such
amounts are at least equal to the amounts required by the state, showing
the city and the state as additional insureds, and shall execute a
waiver of liability in favor of the city and the state on forms provided
by the city.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-69)
(a)
The nonrefundable permit fee for a special event shall be as set forth in the fee schedule in appendix A of this code and shall accompany the application.
(b)
The
fee herein provided shall be used only for the purpose of defraying
expenses incident to the issuing of a permit, such as review and approval
of the application and plans submitted therewith.
(c)
The
fee herein provided shall not cover any other expenses incurred by
the city as a result of aiding in the preparation of plans, providing
off-duty police officers for security, etc., and the applicant must
pay any additional expenses to the city within ten (10) days of such
expense being incurred, provided that all expenses are paid by no
later than ten (10) days prior to the event. Failure to pay any additional
expenses to the city will result in revocation of or refusal to issue
a permit.
(d)
If
additional permits are required, such as electrical, fire or health
permits, such permit fees will be in addition to the fee herein provided.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-70; Ordinance adopting 2021 Code)
At the time of filing an application for a permit under this
article, the applicant shall submit, for inspection by the city manager,
written proof of his identity, which may be in the form of an automobile
operator’s license or an identification letter or card issued
to him by the person for whom or through whom orders are to be solicited
or cleared.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-71)
Upon application for a permit being made by the applicant for
the use or closure of streets in connection with a special event,
the city manager shall deliver the application to the chief of police,
who shall investigate and verify the applicant, his firm, or the firm
he represents, and report his findings to the city manager by 5:00
p.m. no later than the third business day after the application was
filed with the city manager. The city manager shall prepare a memorandum
summarizing the findings to be filed in his office.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-72)
(a)
An
application may be denied when:
(1)
Information on the application is incomplete or insufficient.
(2)
An applicant, including persons listed as being in charge of or managing
an event, has been convicted of a felony within the last three (3)
years.
(3)
A false statement or material misrepresentation is made on an application
for a permit, which shall be grounds for immediate denial or revocation
of a permit.
(b)
Factors
such as proximity to residences, use of loudspeakers, use of large
portions of required parking, unsafe pedestrian street crossings,
awkward circulation patterns, and similar concerns may be a cause
for permit denial.
(c)
No
special event permit shall be approved unless safe and adequate provisions
have been made for parking, loading, restrooms, trash containers,
electrical connections and any other item deemed necessary by the
special events committee.
(d)
No
special event permit shall be approved if any plan required by this
article is deemed inadequate by the members of the special events
committee and such inadequacy is not remedied at least twenty (20)
days prior to the event.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-73)
(a)
If,
upon hearing, it shall appear to the city manager that the statements
contained in an application for a permit under this article are true,
that all plans have been approved, that insurance has been obtained,
that the correct cash bond has been posted, that proper identification
has been presented, that the applicant has conformed with all the
requirements of this article, that the applicant has the right, under
the constitution and the laws of this state and under the ordinances
of the city to engage in business, and that the applicant has not
been convicted of a felony or a violation of similar itinerant vendor’s
ordinances of the city or the state, then the city manager shall issue
such permit to the applicant.
(b)
Every
member of the committee will sign the permit showing his approval
of the issuance of the same.
(c)
If
a state-maintained street or highway is involved, issuance of a permit
is conditioned upon approval by the state, acting by and through the
state department of transportation.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-74)
(a)
Any
permit issued under this article shall be valid for twenty-four (24)
hours. Preparation for the event and cleanup after the event shall
be included in this twenty-four (24) hours.
(b)
A
maximum of four (4) events is allowed at a location during a calendar
year, and a maximum of two (2) permits issued to any person or group
is allowed during a calendar year.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-75)
(a)
Failure
to comply with any of requirements established by this article shall
constitute grounds for revocation of a permit issued in accordance
with the provisions of this article. Written notice of revocation
shall be given to such person by registered or certified mail.
(b)
Should
a person have a permit revoked, he may appeal that action to the city
manager, or his designated representative, by submitting a letter
to the city manager within ten (10) days of the revocation. A hearing
shall be held within fifteen (15) days of the appeal. The city manager,
or his representative, shall render a decision on the appeal within
one (1) day of the date of the hearing. Such hearing shall be an administrative
hearing. The decision of the city manager, or his designated representative,
shall be final.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-76)
(a)
Temporary
facilities such a tents, stages, benches, portable trailers, restrooms,
electrical supply connections, food service, etc., may require separate
permits, which shall be limited to the duration of the event, and
which fees are in addition to the application fee required in this
article.
(b)
Vendors, not including food vendors, who operate at a duly permitted special event shall not be required to obtain separate permits as provided for in article 5.05 of this chapter, but shall instead be deemed to be operating under the permit granted to the applicant. Such applicant shall be responsible for insuring that such vendors comply with the terms of the permit and all applicable laws, ordinances, etc.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-77)
The applicant shall agree to comply with all laws of the United
States, the state and the city, and to comply with any lawful order
issued by any member of the special events committee or any law enforcement,
fire or EMS officer licensed by the state.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-78)
The chief of police shall have the authority to terminate any
special event whenever it becomes apparent that the continuation of
the special event is causing a riot, illegal activity or a major civil
disturbance, or for any emergency in which the citizens of the city
could be placed in a hazardous or injurious situation should the special
event be allowed to continue.
(Ordinance 96-023, sec. 2, adopted 4/8/96; 1988 Code, sec. 24-79)
