The following words, terms and phrases,
when used in this division, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different
meaning:
A person who has filed a written application for a special
event permit.
The person to whom a special event permit is granted pursuant
to this division.
The promotion of attractions for a common purpose including
but not limited to, street fairs, arts and crafts shows, carnivals,
circuses, rallies, public entertainment, musical exhibitions, performances,
and shows of any kind expected to attract 150 persons or more within
any eight (8) hour period, or results in the temporary aggregation
of people at any event which is held that includes activities conducted
outdoors and which interferes with the normal flow or regulation of
pedestrian or vehicular traffic; or any event that requires special
city services, including but not limited to, street closures, provision
of barricades, special parking arrangements, special electrical services
or special police services, or temporary alteration of a certificate
of occupancy from a non-assembly building occupancy type to an assembly
occupancy type.
The written approval from the city manager for a special
event.
(Ordinance
2018-17 adopted 7/3/18)
(a)
A person seeking a special event
permit shall file an application with the city manager upon forms
provided by the city and shall pay a nonrefundable application fee
in the amount specified in the schedule of fees adopted by the city
council.
(b)
Applications for any other applicable
city licenses and permits, payment of associated fees in amounts specified
in the schedule of fees adopted by the city council and proof of approval
of any other required local, state or federal permit(s) shall be submitted
with the special event application. Examples of such licenses and
permits are health permits, alcohol permits, police personnel permits,
street closure permits, park facility use permits; fire permits, electrical
permits or state authorization to close a state highway.
(Ordinance
2018-17 adopted 7/3/18)
(a)
Applications for a special event
permit filed not less than 45 days before the special event is to
begin are timely filed and shall be considered and processed.
(b)
Applications for a special event permit filed with fewer than 45 days remaining before the special event is subject to being denied as untimely. Untimely applications are subject to the standards promulgated in section 18.07.035, may be considered when filed after the deadline prescribed in subsection (a) of this section, but may be subject to additional fees.
(Ordinance
2018-17 adopted 7/3/18)
The application for a special event
permit shall set forth as a minimum the following information:
(1)
The name, address, telephone number,
and email address 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, address, telephone
number, and email 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, telephone number,
and email address of the person who will be the special event chair
and who will be responsible for its conduct;
(5)
The proposed location of parking
areas and the number of spaces provided for the special event;
(6)
The approximate number of people
who will be attending, the approximate number of people attending
at peak times, including event staff and performers, if any, and,
the number and types of animals, vehicles and any special equipment
or materials, if any, which will be involved in such special event;
(7)
A scaled site plan depicting the
location, size and number of stages, seating, tents, awnings, canopies,
food service booths, first aid stations, portable restrooms, other
temporary structures, property lines and adjacent streets and driveways;
(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)
If electricity is to be used, the
source, location, orientation and any shielding of such electricity
shall be shown on the site plan;
(10)
Location, size, ADA compliance status
and source for temporary sanitary facilities;
(11)
The number, size, material and location
of any planned signage shall be shown on the site plan;
(12)
If amplification of sound is to be
used, the location and orientation of all sound amplification devices
shall be shown on the site plan;
(13)
The dates and times the special event
and any peak attendance times will start and terminate;
(14)
The time at which on-site activities
in preparation for the special event will begin;
(15)
The proposed location of entrances
and exits and a plan of evacuation in case of emergency;
(16)
A safety and security plan for the
special event;
(17)
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 or her authorized representative;
(18)
Copies of permits and agreements
with all county officials or state agencies, if applicable;
(20)
If required as set forth in section 18.07.054, a copy of the surety bond that complies with the requirements set forth in such section; and
(21)
Any other information which the city
manager shall find necessary under the standards for issuance.
(Ordinance
2018-17 adopted 7/3/18)
A special event permit will be issued
if, upon review, the city manager finds that the applicant has submitted
a complete application complying with the requisites of this article
and further finds 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 a number of police officers so great 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 a number of fire protection or emergency medical services (EMS)
personnel so great 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
in 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 services to areas near
such special event;
(6)
It is not likely to cause injury
to persons or property;
(7)
There will be adequate public safety,
fire, medical and health measures to provide reasonable level of safety
and security to attendees;
(8)
There will adequate sanitation, including
restroom facilities, and other required health facilities made available
in or adjacent to any public assembly areas; and
(Ordinance
2018-17 adopted 7/3/18)
(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, block party, parade,
or film production for which a permit has already been granted, or
will conflict in time and location with a City event or function;
(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 allows the
making of a false or misleading statement or omission of material
fact on an application for a special event;
(4)
The applicant has been convicted
of violating this article, has had a special event, block party, parade
or film permit revoked within the preceding 12 months, or has failed
to pay any additional costs assessed by the city for such a previous
even within the previous two years;
(5)
The applicant fails to provide proof
of any license or permit required by this division, another city ordinance
or state law required for such special event;
(6)
The special event would unduly hinder
or compromise the delivery or performance of normal city services,
including previously scheduled construction or maintenance services,
or emergency services, or would constitute a public threat;
(7)
The applicant fails to provide any
required insurance or surety bonds that may be required under this
division;
(8)
The applicant fails to pay applicable
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;
(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 or disrupt the educational
activities of a school when such school is in session;
(11)
The proposed date or time for the
special event, the location of the special event, parking for such
special event or traffic control plan for the special event would
unduly interfere or disrupt traffic; or
(12)
The permit was not filed timely and
the date of filing did not allow sufficient time as determined by
the city manager for the permit to be evaluated, appropriate information
collected, and a determination to be made for issuance or denial.
(b)
A special event permit shall be revoked
upon the following conditions:
(1)
In the event that the chief of police,
fire chief, other city officials or their designated representatives
find that any of the provisions of this article, another city ordinance,
or state law is being violated, they shall immediately notify the
city manager who shall investigate such matter and, upon finding that
such violation has occurred, revoke such special event permit;
(2)
When, in the judgment of the above-named
officials, a violation exists which requires immediate abatement,
they shall have authority to temporarily revoke a special event permit
in the absence or unavailability of the city manager and notice the
city manager of same; after review of the revocation of the circumstances
leading to the temporary revocation, the city manager shall reverse
or affirm the temporary revocation;
(3)
In the event, the city manager finds
the permittee failed to maintain or otherwise keep in good standing
for the duration of the special event, any required license, permit,
insurance, or surety bond; or
(4)
Upon finding a permittee made or
allowed to be made a false or misleading statement or omission of
material fact on an application for a special event permit, the city
manager shall revoke such special event permit.
(Ordinance
2018-17 adopted 7/3/18)
The city manager shall act upon a
complete application for a special event permit within 15 days after
the filing thereof. If the city manager denies the application, he
shall mail the applicant written notice of and 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 clerk within seven days after the mailing date of the
notice of denial. The city council shall hear the appeal as soon as
practicable, and its decision shall be final.
(Ordinance
2018-17 adopted 7/3/18)
The special event permit shall be
maintained at all times on the premises of the special event and shall
be made available on request to any police officer or other authorized
city employee or representative.
(Ordinance
2018-17 adopted 7/3/18)
The city manager shall have authority
to require that permittee send notices of the special event to abutting
property owners when it is determined that the special event is of
a scope and nature that will impact those owners.
(Ordinance
2018-17 adopted 7/3/18)
(a)
An applicant shall submit evidence
that sufficient parking will be available to accommodate the projected
number of users with a ten percent surplus. The number of spaces deemed
sufficient will be determined by the number of people attending, including
event staff, volunteers, participants and performers during peak times.
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 the
location of the off-site parking and how the transfer of attendees
will be accomplished.
(c)
If parking is to be on private property,
the applicant must submit written evidence executed by the property
owner that the applicant has a right of possession of said property
through ownership, lease, license, or other property interest.
(Ordinance
2018-17 adopted 7/3/18)
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 city 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.
(Ordinance
2018-17 adopted 7/3/18)
Amusement rides as defined in V.T.C.A.,
Occupations Code §2151.002 associated with special events shall
conform to the statutory rules and regulations set forth in V.T.C.A.,
Occupations Code ch. 2151, as they may be amended from time to time,
designated as the Amusement Ride Safety Inspection and Insurance Act.
(Ordinance
2018-17 adopted 7/3/18)
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. Appeals of time limit restrictions may be made under section 18.07.037.
(Ordinance
2018-17 adopted 7/3/18)
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 as confirmed by the building official 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 shall
be prepared in a manner so as not to be a fire hazard as determined
by the fire chief of the appropriate jurisdiction. Written approval
of the use of any temporary structure by the appropriate jurisdiction
may be required.
(Ordinance
2018-17 adopted 7/3/18)
Where food or beverage service is
provided or sold, said operation shall be in compliance with all provisions
of the mobile and portable food vendor ordinances of the city, as
well as all other applicable state and local laws.
(Ordinance
2018-17 adopted 7/3/18)
Portable type sanitary facilities
must be provided and maintained on the premises as determined to be
necessary by the city manager.
(Ordinance
2018-17 adopted 7/3/18)
(a)
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 300 feet from the closest property line of any developed residential
or commercial districts.
(b)
Treatment of animals shall comply
with all applicable state laws.
(Ordinance
2018-17 adopted 7/3/18)
(a)
Any special event or related activity
desiring use of water from the city water system must obtain a temporary
meter from the city. Deposit for the meter and payment for water used
shall be in accordance with the amounts set forth in a schedule of
fees adopted by the city council.
(b)
An applicant shall submit a plan
for the disposal of wastewater.
(Ordinance
2018-17 adopted 7/3/18)
An applicant shall make appropriate
arrangements for the collection of all waste resulting from such special
event. Commercial solid waste dumpsters must be provided on site at
all outdoor special events. An applicant shall have written evidence
documenting the provision of such dumpsters with a commercial solid
waste disposal company currently having a franchise agreement with
the city.
(Ordinance
2018-17 adopted 7/3/18)
During the special event, the permit holder shall comply with all applicable noise regulations of the city as set forth in article 14.04 of this code.
(Ordinance
2018-17 adopted 7/3/18)
Signage used in accordance with the
special event shall comply with the sign regulations of the city.
(Ordinance
2018-17 adopted 7/3/18)
(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 and
include the city as additional insured.
(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 attendees, number of workers or animals 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 days from date of
request.
(d)
If a mutually agreeable insurance
limit cannot be agreed upon, the application shall be considered denied.
(Ordinance
2018-17 adopted 7/3/18)
When a special event or parking attendant
to such special event is partially or fully contained on city property,
an applicant 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.
(Ordinance
2018-17 adopted 7/3/18)
When a special event is partially
or fully contained on city property, a surety bond shall be deposited
with the city in the amount specified as currently established or
as hereafter adopted by resolution of the city council from time to
time, 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 balance
of the surety bond, after deductions for costs provided for in this
division, shall be refunded to the permittee, upon certification by
the city manager that the permittee has complied with all conditions
of this division, within ten days after said special event permit
expires. If 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 city permits shall be issued
to the permittee for a period not to exceed two years, and then, only
upon payment for the outstanding costs. Nothing herein shall preclude
the city from enforcing any legal or equitable remedy against the
permittee in addition to the bond.
(Ordinance
2018-17 adopted 7/3/18)
(a)
The chief of police shall establish
standards used to determine the level of police services reasonably
necessary for the special event. Traffic control, public safety, considering
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 for an event, are all factors which will determine the
need for and the quantity of certified/uniformed peace officers necessary
to provide reasonable public safety precautions for any event. While
ensuring the public safety for special events is the responsibility
of the sponsoring organization, the Police Department will determine
the minimum necessary to obtain a permit to conduct the event. The
sponsoring organization shall pay for any cost related to the providing
for public safety. Public Safety personnel (police, fire and EMS)
assignments may be staged to allow for traffic control before and
after an event and the number of personnel may be staggered to allow
for arrival and departure of attendees. A schedule for the event,
the number and type of personnel necessary and the hours on site is
required; as well as, an itinerary for the event. Subject to considerations
such as the availability of alcohol and other safety factors, generally
two (2) peace officers are necessary for the first 500 people and
one (1) officer for every additional 500 participants. Fire and EMS
personnel with be determined based on the event.
(b)
The chief of police shall also consider
whether the event can take place without disruption of ordinary police
services or compromise public safety. All police services shall be
first provided by the city police department unless prior written
approval is given by the chief of police for the use of outside agencies.
The applicant shall pay for the use of any law enforcement equipment
devoted to the event by the city and shall pay for off-duty police
officers necessary at rates consistent with established departmental
off-duty rates, as amended. The applicant then shall have the duty
to secure the police services deemed necessary by the chief of police.
(c)
In the event the city manager determines
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
associated therewith. Prior to the issuance of a special event permit,
the applicant shall agree to pay a deposit of anticipated costs to
the city and shall agree in writing to pay any additional costs to
the city within five days of the date upon which the city informs
the permittee of the amount of such additional costs. Any permit issued
shall be void if the permittee has not paid all fees owed prior to
the day before the special event.
(Ordinance
2018-17 adopted 7/3/18)
(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, been revoked or became
void at the time of the event. Each one-half hour that a special event
his held without a permit is a separate offense.
(b)
A culpable mental state is not required for the commission of an offense under this section; therefore, it shall be subject to the penalty as provided for in section 1.01.009(a) of this code.
(c)
It is hereby determined that this section governs fire safety and public health and, therefore, any person violating or failing to comply with any of the provisions of this section, and, if it is shown at the time of trial that the conduct was intentional, it shall be subject to the penalty as provided for in section 1.01.009(b) of this code.
(Ordinance
2018-17 adopted 7/3/18)
(a)
All special events, except those set forth in subsection (b) of this section, must conform to all applicable provisions of this division.
(b)
The following events are exempt from
the provisions of this division:
(Ordinance
2018-17 adopted 7/3/18)
