A person desiring to hold one or more special events at one
or more locations shall apply for a special event permit or permits
by filing with the chief of police one (1) written application upon
a form provided for that purpose. An application must be accompanied
by a nonrefundable application fee of twenty-five dollars ($25.00).
The twenty-five-dollar fee shall cover all permits requested in the
one application. An application must be filed not less than twenty-one
(21) days before the first special event is to begin. The chief of
police may waive the twenty-one-day filing requirement if the chief
of police determines that the application can be processed in less
than twenty-one (21) days, taking into consideration the applicable
requirements to be imposed, number of agencies and other departments
involved and whether or not a similar event has previously been permitted.
If the decision is against waiver, the applicant may appeal to the
city manager. If the city manager does not approve a waiver, the applicant
may appeal to the city council.
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-25)
An application must contain the following information:
(1)
The
name, address, and telephone number of the applicant and of any other
persons responsible for the conduct of the special event;
(2)
A
description of the special event and requested dates and hours of
operation for the event;
(3)
The
estimated number of persons and vehicles to participate in the special
event;
(4)
A
sketch showing the area or route to be used during the special event,
along with proposed structures, stages, tents, fences, barricades,
signs, banners and restroom facilities and location of loudspeakers
and amplifiers;
(5)
Provisions
for parking with a designation of where “no parking” signs
will be used;
(6)
Details
of how the applicant proposes to provide security;
(7)
The
time and location of street closings, if any are requested;
(8)
Description
and number of animals to be used in the special event, if any;
(9)
Details
of how the applicant will clean up the area used after the special
event, if on public property;
(10)
Proof that the applicant possesses or is able to obtain all licenses
and permits required by this code or other city ordinance or by state
law for the conduct of the special event; and
(11)
All other information required herein, if applicable, for use of
loudspeakers and amplifiers, streets, food, trailers, amusement rides,
tents, water, sanitation, dumpsters, carnivals and circuses and special
event parades.
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-26)
Upon receipt of the completed application, the chief of police
shall forward a copy of the application to the departments of fire,
public works, sanitation, inspection and planning and the Ector County
health department. If any part of the event is to be held on or adjacent
to park property, the chief of police shall also forward a copy of
the application to the director of parks and recreation. Each department
shall review the application and return it, with any comments, to
the chief of police within five (5) working days of receipt, or as
otherwise required by the chief of police if the twenty-one-day filing
period has been waived.
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-27)
The department directors and the chief of police may prescribe conditions required by other city ordinances or applicable law, restrictions, regulations, costs for special city services, safeguards, and other conditions necessary for the safe and orderly conduct of a special event to be incorporated into the permit before issuance. The director of parks and recreation may also adopt special rules for city parks, taking into consideration their location and existing facilities. Such special rules may be appealed by the applicant to the city council. Such rules shall supersede, to the extent of any conflict, the provisions set forth herein and in article 1-13 of this chapter, subject to appeal to the city council.
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-28)
After reviewing the application and departmental comments, the
chief of police shall issue the special event permit or permits unless
denial is required by the provisions of this division. A special event
permit will be issued within a period not to exceed ten (10) consecutive
days. A separate permit is required for each location where a special
event will be conducted. The permit will be issued prior to the event
and reference all conditions to be applied.
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-29)
An applicant for a special event permit must execute a written
agreement to indemnify the city and its officers and employees against
all claims of injury or damage to persons or property, whether public
or private, arising out of the special event, including claims of
the city for damage to city parks and other city property.
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-30)
The chief of police and directors of affected departments are
authorized to each develop a schedule of actual costs for city personnel,
equipment and supplies that are needed in conducting special events
and that must be reimbursed by applicants. Once approved, and prior
to the issuance of a special event permit, the applicant shall be
advised of the city’s cost required for reimbursement. The applicant
shall pay such cost or provide security for payment considered adequate
by the chief of police. If the applicant disagrees with such cost
or security requirements, it may appeal to the city manager, and then
to the city council. In the alternative, if the applicant can provide
the required services by other means, approved by the chief of police,
the permit shall be approved on that basis.
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-31)
(a)
Grounds
for denial of a permit are as follows:
(1)
A special event permit has been granted for another special event
at the same place and time or [the event is to be held] at a place
and/or time that will directly conflict with another special event
already permitted that disallows existing city resources or other
comparable resources to reasonably accommodate both events.
(2)
The proposed special event will unreasonably disrupt the orderly
flow of traffic and no other reasonable means of rerouting traffic
or otherwise meeting traffic needs is available.
(4)
The applicant fails to comply with or the proposed special event
will violate a city ordinance or other applicable law, unless the
prohibited conduct or activity would be allowed under this division.
(5)
The applicant makes a false statement of material fact on an application
for a special event permit.
(6)
The applicant fails to provide proof that the applicant possesses
or is able to obtain a license or permit required by city ordinance
or other applicable law for the conduct of all activities included
as a part of the special event.
(7)
The applicant has had a special event permit revoked within the preceding
fourteen (14) months.
(8)
The applicant has committed, within the preceding fourteen (14) months,
two (2) or more violations of a special event permit or this article.
(9)
The applicant fails to pay any outstanding costs or damages owed
to the city for a past special event.
(10)
The applicant has failed to comply with insurance requirements contained in section 1-15-91(7).
(b)
The
grounds for revocation of a permit are as follows:
(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 city, or any other applicable law.
(2)
The permit holder made a false statement of material fact on an application
for a special event permit.
(3)
A special event parade fails to begin within thirty (30) minutes
or more of the appointed time of commencement, and it would not be
reasonable to start the parade taking into consideration night conditions
or other conflicting events that would impact traffic conditions.
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-32)
(a)
If
the chief of police denies the issuance of a permit or revokes a permit,
the chief of police shall send to 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. The applicant
or permit holder may appeal the decision of the chief of police to
the city manager. If the city manager denies the appeal, the applicant
may appeal to the city council. The city council may also consider
on appeal a written request for a special exception based on special
circumstances.
(b)
When,
in the judgment of the chief of police, a violation exists which requires
immediate abatement because of danger to property, sanitation, health
or safety of citizens, the chief shall have authority to revoke a
permit immediately.
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-33)
