The special events manager shall have authority to require that applicant/promoter/licensee 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 2011-42 adopted 12/12/11)
(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 on the downtown historic square.
(Ordinance 2011-42 adopted 12/12/11)
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 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 2011-42 adopted 12/12/11)
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, and may not be placed within a fire lane or otherwise hinder the adequate access of emergency personnel. Additionally, such vehicles and trailers shall not discharge any water or wastewater and must be located on a suitably paved surface.
(Ordinance 2014-38, sec. 3.13, adopted 9/9/14)
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 2011-42 adopted 12/12/11)
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 1.12.045.
(Ordinance 2011-42 adopted 12/12/11)
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 2011-42 adopted 12/12/11)
Where food service is provided, said operation shall be in compliance with all provisions of the food establishment ordinances of the city, as well as all other applicable state and local laws.
(Ordinance 2011-42 adopted 12/12/11)
Portable sanitary facilities shall incorporate wash stations and shall comply with the Special Events Contingency Planning Job Aids Manual FEMA IS-15 and the Americans with Disabilities Act. However, no less than two (2) portable type sanitary facilities shall be provided on the premises, or such additional units as may be determined necessary by the city.
(Ordinance 2014-38, sec. 3.14, adopted 9/9/14)
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 developed residential or commercial districts.
(Ordinance 2011-42 adopted 12/12/11)
(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 2011-42 adopted 12/12/11)
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 service contract with the city.
(Ordinance 2011-42 adopted 12/12/11)
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 2011-42 adopted 12/12/11)
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 2011-42 adopted 12/12/11)
Sales or service of alcoholic beverages must be in compliance with article 4.02, Alcoholic Beverages, as amended, of this code and with all applicable provisions of the Texas Alcoholic Beverage Code and rules promulgated by the Texas Alcoholic Beverage Commission.
(Ordinance 2011-42 adopted 12/12/11)
(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) 
A parade shall move from its point of origin to its point of termination without unreasonable delays en route.
(d) 
Any child participating in a parade or special event must have adult supervision.
(e) 
Each marching unit, organization or entry in the parade will only be allowed to conduct one stationary performance at a specified and approved location during the parade route.
(f) 
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.
(g) 
A permit holder shall comply with all directions and conditions contained within the permit and with all city ordinances and other applicable laws.
(h) 
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; and it shall thereafter be unlawful for any person to park, leave, or strand any unattended vehicle in violation thereof.
(i) 
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 engineering 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.
(j) 
The city, when deemed necessary, may require the applicant/promoter of a parade or special event to utilize chip timing.
(k) 
The driver of any vehicle shall obey the instruction of any traffic-control device applicable thereto placed in accordance with the city code or the state Transportation Code, unless otherwise directed by a police officer.
(l) 
Speeds of a parade vehicle greater than ten (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 parade official.
(m) 
Operators of parade floats and other parade vehicles will make every attempt to keep a maximum of 30 feet between their float and the 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 parade official.
(n) 
Operators of specialized vehicles or performance-enhanced vehicles in the parade are subject to laws set forth in the state Transportation Code as they relate to the safe operation of motor vehicles, especially section 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.
(o) 
Riders of floats must keep all appendages contained within the float and away from any and all wheel wells.
(p) 
Decorations, equipment and paraphernalia must be firmly attached to the float or deemed safe by city personnel enforcing the special event article.
(q) 
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.
(r) 
All floats or decorated vehicles utilizing portable generators shall carry a 2A:10BC fire extinguisher with a current inspection tag.
(s) 
Float length shall not exceed 55 feet, including the tow vehicle, nor shall the width or height exceed 14 feet.
(t) 
The rider or person in control of any animal shall obey the instruction of law enforcement personnel as well as any traffic-control device set up for the parade.
(u) 
All horses/animals and riders participating in a parade or special event must be able to perform to an acceptable level of desensitization on the part of the horse(s) or animal(s). Horses/animals must demonstrate that they do not have any uncontrollable “fight or flight” mechanisms when around crowds, noises, flags, and numerous distractions that are possibly around or close by the horses at such events. It is the responsibility of the rider to ensure the horse(s) or animal(s) can perform to an acceptable level.
(v) 
All horse riders who wish to participate in any parade or special event in the city shall attend a preparade planning meeting. Failure to attend shall eliminate the rider or group of riders from participating in that particular parade or special event.
(w) 
All riders shall sign a standard liability release, which will be collected by city representative(s) at the preplanning meeting.
(x) 
All 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.
(y) 
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, horses ridden by 12–16 year olds must have either a “catch rope” assembly or halter and lead rope rigging attached to the horse during the course of the event to aid in gaining control of the horse immediately if the horse were to show signs of becoming uncontrollable. Riders of this age group must have either an experienced horseman/horseperson by them at all times during the parade or special event either on horseback or walking whereas this person can take immediate control of the horse 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 horse(s).
(z) 
Riders under 12 years of age will not be allowed to handle or ride full grown and mature horses at parades or special events. The only exception that would be considered by the special events manager would be where riders under the age of 12 are paired up and riding very small ponies; i.e., Shetland ponies and where such a rider has an experienced horseman/horseperson by their side at all times and the ponies are equipped with “catch rope” or halter/lead rope assemblies.
(aa) 
The equestrian/animal unit shall provide a list of participants and proof of insurance liability that would cover the rider and horses 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 preparade planning meeting.
(bb) 
Each equestrian/animal unit shall provide their own cleanup crew and equipment. The cleanup crew shall be positioned directly behind the unit.
(Ordinance 2011-42 adopted 12/12/11; Ordinance 2014-38, sec. 3.15, adopted 9/9/14; Ordinance 2014-38, sec. 3.16, adopted 9/9/14; Ordinance 2014-38, sec. 3.17, adopted 9/9/14)
(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 city manager. 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 city manager or his designee. The city shall respond to an applicant’s request for lower insurance or waiver within five days from the date of request.
(d) 
If a mutually agreeable insurance limit cannot be agreed upon, the application shall be considered denied.
(Ordinance 2011-42 adopted 12/12/11)
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 2011-42 adopted 12/12/11)
(a) 
When a special event as defined in this article 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 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 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 two 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 special event committee, a citation may be issued. 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/promoter for a period not to exceed two years. Nothing herein shall preclude the city from enforcing any legal or equitable remedy against the applicant/permittee/promoter. Appeals shall be heard in accordance with provisions of this article.
(Ordinance 2011-42 adopted 12/12/11)
(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 article.
(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 2011-42 adopted 12/12/11)