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;
(19)
If required as set forth in section 18.07.052, a copy of a certificate of insurance that complies with the requirements set forth in such section;
(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)
