A person who has filed a written application for a special
event permit.
The city manager or the designated representative of the
city manager.
The person to whom a special event permit is granted pursuant
to this division.
Any individual, assumed named entity, partnership, association,
corporation, or organization.
A planned temporary aggregation of multiple vendors, artists,
and/or farmers displaying and/or selling their goods on private property,
and shall not interfere with the normal flow or regulation of pedestrian
or vehicular traffic, or require any special city services.
A planned temporary aggregation of people or attractions
for a common purpose, including, but not limited to, street fairs,
arts and crafts shows, rallies, public entertainments, or other similar
events or attractions, that:
Are conducted primarily outdoors; and
Interfere with the normal flow or regulation of pedestrian or
vehicular traffic; or
Require special city services, including, but not limited to,
street closure, provision of barricades, refuse services, stages,
special parking arrangements, special electrical services or special
police services or protection.
The written approval from the city manager for a special
event.
(2007 Code, sec. 4.04.001; Ordinance O-11-09-15-VI4, sec. I (2), adopted 9/15/11)
(a)
All special events, except those set forth in subsection (b) below, must conform to all applicable provisions of this division.
(b)
The
following events are exempt from the provisions of this division:
(1)
Events which require the approval or sanctioning of, or are officially
sponsored by, the city, Hutto Independent School District, Texas State
University or the county shall be exempted from obtaining a special
event [permit];
(2)
An event wholly contained on property specifically designed or suited
for the event and which holds a certificate of occupancy for such
use, including adequate parking;
(3)
Funeral processions;
(5)
Small market events, as defined above, operating on private property
in any transect zone in Old Town Hutto, except in OT-3.
(2007 Code, sec. 4.04.002; Ordinance O-11-09-15-VI4, sec. I (3), adopted 9/15/11)
(a)
A
person commits an offense if he commences or holds a special event
without a special event permit or with a special event permit that
has expired or been revoked.
(b)
A
culpable mental state is not required for the commission of an offense
under this section.
(2007 Code, sec. 4.04.003)
(a)
The
chief of police shall determine whether and to what extent additional
police protection is reasonably necessary for the special event for
traffic control and public safety. The chief of police shall base
this decision on the size, location, duration, time and date of the
special event, and the need to detour or preempt citizen travel and
use of the streets and sidewalks. If possible, without disruption
of ordinary police services or compromise of public safety, regularly
scheduled on-duty personnel will police the special event. If additional
police protection for the special event is deemed necessary by the
chief of police, he shall so inform the applicant for the special
event permit. The applicant then shall have the duty to secure the
police protection deemed necessary by the chief of police.
(b)
In
the event the city manager determines, upon a review of the application,
that a special event may require the special attention and involvement
of city personnel or facilities, the city manager shall so notify
the applicant. In such event, prior to the issuance of a special event
permit, the applicant and the city manager shall agree upon the cost
of policing and cleaning, and the closure of roads, and the applicant
shall pay that amount to the city upon application. Prior to the issuance
of a special event permit, the applicant shall agree in writing to
pay any additional costs to the city incurred as a result of the special
event within five (5) days of the date upon which the city informs
the permittee of the amount of such additional costs. Should the permittee
not pay such additional costs, no future special event permits shall
be issued to the same permittee for a period not to exceed two (2)
years. Nothing herein shall preclude the city from enforcing any legal
or equitable remedy against the permittee for recovery of such additional
costs.
(2007 Code, sec. 4.04.004)
The city manager shall have authority to require that the permittee
send notices of the special event to abutting property owners when,
in the city manager’s judgment, the special event is of a scope
and nature that will impact those owners.
(2007 Code, sec. 4.04.005)
(a)
The
applicant shall submit evidence that sufficient parking will be available
to accommodate the projected number of users with a ten percent surplus.
If said parking is to be on private property adjacent to the special
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 the parking area, including aisle widths, size of parking
spaces and whether parking attendants will be provided, shall be included
in the submittal.
(b)
When
adequate parking is not available at, or immediately adjacent to,
the site of the special 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.
(2007 Code, sec. 4.04.006)
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 shall post signs to such
effect, and it shall be unlawful for any person to park or leave unattended
any vehicle in violation thereof.
(2007 Code, sec. 4.04.007)
Rides and/or attractions associated with special event shall
conform to the statutory rules and regulations set forth in chapter
2151 of the Texas Occupations Code, designated the “Amusement
Ride Safety Inspection and Insurance Act,” as amended.
(2007 Code, sec. 4.04.008)
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 city manager may waive the time limit on certain special events when good cause is demonstrated by the applicant. Appeals of time limit restrictions may be made under section 1.07.090 hereof.
(2007 Code, sec. 4.04.009)
Any special event which includes the use of a stage, seating,
tent, canopy, or other temporary structure shall meet the requirements
of the city’s fire code and building code, except that a separate
permit is not required when a special event permit has been obtained.
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.
(2007 Code, sec. 4.04.010)
Where food or beverage service is provided or sold, said operation
shall be in compliance with all provisions of the food and food establishment
ordinances of the city, as well as all other applicable state and
local laws.
(2007 Code, sec. 4.04.011)
A minimum of two (2) portable-type sanitary facilities must
be provided on the premises. Additional units may be required if determined
to be necessary by the city manager.
(2007 Code, sec. 4.04.012)
Waste from animals used in any such special 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 three hundred (300) feet
from any developed residential or commercial districts.
(2007 Code, sec. 4.04.013)
(a)
Any
special event or related activity desiring use of water from the city
water system must coordinate with the utilities department to obtain
a temporary meter. The 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 utilities department.
(2007 Code, sec. 4.04.014)
The applicant shall make appropriate arrangements for the collection
of all waste resulting from such special event, and commercial solid
waste dumpsters must be provided on-site at all outdoor special events.
The applicant shall make arrangements for the provision of such dumpsters
with a commercial solid waste disposal company currently having a
franchise agreement with the city.
(2007 Code, sec. 4.04.015)
When loudspeakers will be used in conjunction with the special
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. The city manager may modify the time
limit for use of such speakers when good cause is demonstrated by
the applicant.
(2007 Code, sec. 4.04.016)
Signage used in accordance with the special event shall comply
with the sign regulations of the city under the provisions for promotional
signage. Signs advertising the special event or directing potential
customers to the special event site are expressly prohibited in the
city rights-of-way.
(2007 Code, sec. 4.04.017)
It shall be unlawful for any person to conduct a special event
without first having obtained a special event permit from the city
manager.
(2007 Code, sec. 4.04.041)
(a)
A person seeking a special event permit shall file an application with the city manager upon forms provided by the city, which shall be accompanied by an application fee as provided in the fee schedule in appendix A of this code.
(b)
The
city manager shall ensure that other licenses and permits, restrictions,
regulations, fees for the city services, safeguards, or other conditions
deemed necessary by individual city departments for the safe and orderly
conduct of a special event be requested, submitted and approved before
the special event permit is granted (e.g., health permit applications,
agreement with the police department for police coverage, agreement
with the public works department regarding costs associated with street
closures, agreement with the parks and recreation department for the
use of any park facilities).
(c)
The “official filing date” for a special event permit application shall be the date upon which a complete application package containing all the information required by section 1.07.084, including related administrative fees, is submitted to the city.
(d)
No
application shall be deemed officially filed until city staff determines
that the application is administratively complete. Failure by city
staff to make a certification of incompleteness within (10) business
days following the date on which the application was first received
by the city, shall result in the application being deemed complete,
and the “official filing date” shall become the tenth
(10) business day following initial receipt of the written request
for a special event permit by the city.
(e)
Special event permit applications that do not include all required information designated under section 1.07.084 will be considered incomplete. Such incomplete applications shall not be accepted for official filing by the city, and shall not be scheduled for any action by the city until the proper information is provided to city staff.
(Ordinance O-2022-021 adopted 5/19/22)
(a)
Applications
for a special event permit shall be filed not less than thirty (30)
days before the special event is to begin.
(Ordinance O-2022-021 adopted 5/19/22)
The applicant for a special event permit shall set forth as
a minimum the following information:
(1)
The
name, address, and telephone number of the person seeking to conduct
the special event;
(2)
If
the special event is to be held for or by an organization, the name,
address and telephone number of the headquarters of the organization
and name and address of the authorized representative(s) of such organization;
(3)
If
the special event is to be held by or for any person other than the
applicant, the applicant shall file a written statement from that
other person showing authority to make the application;
(4)
The
name, address, and telephone number of the person who will be the
special event chairman and who will be responsible for its conduct;
(5)
The
proposed location and parking areas for the special event;
(6)
The
approximate number of people who will be attending and, if applicable,
the number and types of animals and vehicles which will constitute
such special event;
(7)
The
location, size and number of stages, seating, tents, awnings, canopies,
food service booths, first aid stations, portable restrooms or other
temporary structures shall be shown;
(8)
If
food or beverages will be served or sold, include copies of any licenses
or permits issued by the appropriate agencies for such vendors;
(9)
Details
for any planned signage shall be included;
(10)
When loudspeakers will be used, the location and orientation of those
speakers shall be shown;
(11)
The date(s) and time(s) the special event will start and terminate;
(12)
The time at which on-site activities in preparation for the special
event will begin;
(13)
The proposed location of entrances and exits and a plan of evacuation
in case of emergency;
(14)
If any portion of the special event is to be held on private property,
including parking, written permission for the holding of the special
event or parking from the owner of the property or his authorized
representative;
(15)
Copies of permits and agreements with all city departments, county
officials or state agencies, other than the building inspection department,
shall be included with the application for a special event permit;
(16)
If required as set forth in section 1.07.087, a copy of a certificate of insurance that complies with the requirements set forth in such section;
(17)
If required as set forth in section 1.07.089, a copy of the surety bond that complies with the requirements set forth in such section; and
(18)
Any other information which the city manager shall find necessary
under the standards for issuance.
(2007 Code, sec. 4.04.044)
A special event permit will be issued if, upon review, the city manager finds that the applicant has secured the police protection, if any, required under section 1.07.034 and that the special event will be conducted in such a way that:
(1)
It
will not substantially interrupt the safe and orderly movement of
traffic near its location or route;
(2)
It
will not require the diversion of so great a number of police officers
to properly police the special event location or line of movement
and the adjacent areas as to unduly interfere with the normal protection
for the city;
(3)
It
will not require the diversion of so great a number of fire protection
or emergency medical services (EMS) personnel so as to unduly interfere
with the provision of these services to portions of the city other
than that to be occupied by the special event and adjacent areas;
(4)
It
will not unduly interfere with the efficient response movement of
firefighting equipment and services en route to a fire;
(5)
The
concentration of people, animals, and vehicles at assembly points
and during the event will not unduly interfere with proper fire, EMS,
and police protection to areas near such special event;
(6)
It
is not likely to cause injury to persons or property;
(7)
There
will be adequate sanitation and other required health facilities made
available in or adjacent to any public assembly areas; and
(2007 Code, sec. 4.04.045)
(a)
The
city manager may deny a special event permit if:
(1)
The special event will conflict in time and location with another
special event, parade or assembly for which a permit has already been
granted;
(2)
The applicant fails to comply with or the special event will violate
an ordinance of the city or any other applicable law;
(3)
The applicant makes or permits the making of a false or misleading
statement or omission of material fact on an application for a special
event [permit];
(4)
The applicant has been convicted of violating this division, has
had a special event permit revoked within the preceding twelve (12)
months, or has failed to pay any additional costs assessed by the
city for a previous special event within the previous two (2) years;
(5)
The applicant fails to provide proof of a license or permit required
by this division or another city ordinance or by state law;
(6)
The special event, in the opinion of one (1) or more city departmental
directors, would unduly hinder or compromise the delivery or performance
of normal services, including previously scheduled construction or
maintenance services, or emergency services, or constitutes a public
threat;
(7)
The applicant is unable or unwilling to provide any required insurance
or surety bonds that may be required under this division;
(8)
The applicant is unable or unwilling to pay any additional costs
as may be required by the city manager;
(9)
The applicant fails to submit a complete application or fails to
provide any additional information requested by the city manager;
or
(10)
The proposed date or time for the special event or the location of
the special event or parking for such special event would unduly interfere
with or disrupt the educational activities of a school when such school
is in session.
(b)
A
special event permit shall be revoked upon the following conditions:
(1)
In the event that the police chief, fire chief, director of utilities,
other city officials or their designated representatives find that
any of the provisions of this division, another city ordinance, or
state law is being violated, they shall immediately notify the city
manager, and the special event permit issued hereunder shall be revoked;
(2)
When, in the judgment of the above-named officials, a violation exists
which requires immediate abatement, they shall have the authority
to revoke a special event permit in the absence or unavailability
of the city manager; or
(3)
The applicant made or permitted to be made a false or misleading
statement or omission of material fact on an application for a special
event permit.
(2007 Code, sec. 4.04.046)
(a)
When
a special event is partially or fully contained on the city rights-of-way,
the applicant for a special event permit shall furnish the city manager
with a certificate of insurance complying with standards established
by the city’s risk manager.
(b)
The
city manager shall have the right to lower, waive, or increase the
public liability insurance limits based upon the type of special event,
equipment, machinery, location, number of people or animals involved
and other pertinent factors or risks associated with the special 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 city
manager. Upon receipt of such request, the city manager shall consult
with the city’s risk manager or his designee. The city manager
shall respond to an applicant’s request for lower insurance
or waiver within five (5) days from the date of the request.
(d)
If
a mutually agreeable insurance limit cannot be agreed upon, the application
shall be considered denied.
(2007 Code, sec. 4.04.047)
When a special event or parking attendant to such special event
is partially or fully contained on city property, applicants shall
sign an agreement 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.
(2007 Code, sec. 4.04.048)
(a)
When a special event is partially or fully contained on city property, a surety bond shall be deposited with the city in the amount of ten thousand dollars ($10,000.00), conditioned that no damage will be done to the city property, streets, sewers, trees, or adjoining property and that no paper, litter, or other debris will be permitted to remain upon the city property, streets or upon any private property by the applicant. The surety bond shall be returned to the permittee within ten (10) days after said special event permit expires, upon certification by the city manager that all conditions of this division have been complied with. Should actual costs for policing and cleaning not exceed this amount, the remainder shall be refunded 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 (10) 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 (2) years. 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 by the city manager. Appeals shall be heard by the city council in accordance with the provisions of section 1.07.090.
(b)
When a special event is fully contained on private property, a sum in the amount of five hundred dollars ($500.00) shall be deposited with the city conditioned that no paper, litter, or other debris will be permitted to remain upon the site of the special event. The deposit shall be returned to the permittee within ten (10) days after the special event permit expires, upon certification by the city manager that all conditions of this division have been complied with. Should actual costs for 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 (10) days from the date of notification. If that amount is not paid, no future special event permits shall be issued to the same permittee for a period not to exceed two (2) years. Nothing herein shall preclude the city from enforcing any legal or equitable remedy against the permittee in addition to the deposit. The applicant shall have the right to show evidence why the deposit should be lowered or waived to the city manager. Appeals shall be heard by the city council in accordance with the provisions of section 1.07.090.
(2007 Code, sec. 4.04.049)
The city manager shall act upon a complete application for a
special event permit within seven (7) days after the official filing
date thereof. If the city manager does not approve the application,
he shall mail to the applicant a notice of this action, stating the
reasons for the denial of the application. Any person aggrieved shall
have the right to appeal the denial to the city council by filing
a notice of appeal with the city secretary within five (5) days after
receipt of the notice of denial. The city council shall hear the appeal
as soon as practicable, and its decision shall be final.
(Ordinance O-2022-021 adopted 5/19/22)
The duration of the special event permit granted under the terms
of this division shall not exceed a period of three (3) days.
(2007 Code, sec. 4.04.051)
