Means a person who has filed a written application for a
special event permit.
Means the use of a residential street for a neighborhood
function in which traffic control is required.
Means the City of DeSoto, Texas.
Means a public display of the attitude of assembled persons
toward a person, cause, issue, or other matter.
Means the director of code services or his designee.
Means an individual, firm, partnership, corporation, association,
or other legal entity.
Means all costs and expenses incurred by the city for activities
associated with staging of the event, including, without limitation,
the following:
Utilities services provided to the special event, including
all of the costs of installation, maintenance, and connection.
Food services inspection.
Repair, maintenance and removal of facilities in the event of
a failure of promoter.
Repair of streets, alleys, sidewalks, parks, and other public
property.
Police protection.
Fire protection.
Emergency medical service.
Garbage disposal and cleanup.
Traffic control.
Other direct costs associated with the special event.
Means a temporary event or gathering, including a special
event parade, using either private or public property, which involves
one or more of the following activities, except when the activity
is for construction or house moving purposes only:
closing a public street;
blocking or restriction of public property;
sale of merchandise, food, or beverages on public property or
on private property where otherwise prohibited by ordinance (for purposes
of this section, a special event shall not include an occasional sale/garage
sale as defined in this chapter);
erection of a tent on public property, or on private property
where otherwise prohibited by ordinance;
installation of a stage, band shell, trailer, van, portable
building, grandstand or bleachers on public property, or on private
property where otherwise prohibited by ordinance;
placement of portable toilets on public property, or on private
property where otherwise prohibited by ordinance; or
use of signs otherwise prohibited by ordinance.
Means the assembly of three or more persons whose gathering
is for the common design of traveling or marching in procession from
one location to any other location for the purpose of advertising,
promoting, celebrating, or commemorating a thing, person, date, or
event that is not directly related to the expression of feelings and
beliefs on current political, religious, or social issues.
Means written approval from the director of code service
or his designee to hold a special event.
(1995 Code of Ordinances, Chapter 4, Article 4.1000,
Section 4.1001; Ordinance 1878-11 adopted 4/19/11)
(a)
The
provisions of this article shall be administered by the director of
code services or his designee and enforced by the director of code
services, his designee, or any police officer.
(b)
The
director of code services has the authority to issue a special events
permit that authorizes one or more of the activities described in
Section 4.701(h) when requirements of this article have been met.
(c)
Application
for a special events permit authorizes appropriate city departments
to issue permits for the activities described in Section 4.701(h)
in locations where the activity would otherwise be prohibited by ordinance.
(1995 Code of Ordinances, Chapter 4, Article 4.1000,
Section 4.1002)
The provisions of this article are cumulative of all city ordinances.
Tent permits, building permits, electrical permits, food establishment
permits, alcoholic beverage licenses, and all other permits required
by ordinance or other law for specific activities to be conducted
in conjunction with or as part of the special event must be applied
for separately in accordance with the applicable ordinance or law.
(1995 Code of Ordinances, Chapter 4, Article 4.1000,
Section 4.1003)
The provisions of this article do not apply to a special event
conducted by the city or to activities conducted at the town center
by written agreement, or a peaceful demonstration at a fixed location
other than a street.
(1995 Code of Ordinances, Chapter 4, Article 4.1000,
Section 4.1004)
(a)
A person
desiring to hold a special event shall apply for a special event permit
by filing with the director of code services a written application
upon a form provided for that purpose. Each application must be accompanied
by a non-refundable application fee in an amount established by resolution
of the city council from time to time. An application must be filed
not less than 45 days before the special event is to begin. The director
of code services may waive the 45 day filing requirement if the director
determines that the application can be processed in less than 45 days,
taking into consideration the number and types of permits required
to be issued in conjunction with the special event permit.
(b)
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 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, tents, fences, barricades, signs,
banners, and restroom facilities;
(5)
provisions
for parking with a designation of where "No Parking" signs will be
used;
(6)
details
of how applicant proposes to provide security and traffic control;
(7)
the
time and location of street closings, if any are requested;
(8)
details
of the sale of merchandise or the sale or serving of food or alcoholic
beverages at the special event, designating any street vendors or
peddlers involved;
(9)
description
of animals to be used in the special event, if any;
(10)
details of how the applicant will clean up the area used after the
special event, if on public property; and
(11)
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.
(c)
Upon
receipt of the completed application the director of code services
shall forward a copy of the application to the departments of police,
fire, code services, public works and planning. Each department or
director, as the case may be, shall review the application and return
it, with any comments, to the director of code services within 10
working days of receipt.
(d)
The
departments and the director of code services may prescribe licenses
and permits required by other city ordinances or applicable law, restrictions,
regulations, costs for 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.
(e)
A deposit
of one-half of the estimated reimbursable costs required to be paid
to the city as a result of a special event must be received by the
director of code services not less than five days before the date
of the special event as shown on the special event permit. Prior to
the issuance of the permit the applicant shall agree in writing to
pay such deposit and the balance of the reimbursable costs within
thirty days after the special event.
(f)
After reviewing the application and department comments, the director of code services shall issue the special event permit unless denial is required by Section 4.707. A special event permit will be issued for a period not to exceed 14 consecutive days. A special event permit is required for each 14 day period during which a special event will be conducted.
(g)
Given
the city’s limited resources and the impact to the community,
no more than (2) special events shall be permitted for one location
in a 12-month period.
(1995 Code of Ordinances, Chapter 4, Article 4.1000,
Section 4.1005; Ordinance 1878-11 adopted 4/19/11)
An applicant for a special 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.
(1995 Code of Ordinances, Chapter 4, Article 4.1000,
Section 4.1006)
(a)
The
director of code services shall deny a special permit if:
(1)
a
special event permit has been granted for a special event at the same
place and time;
(2)
the
proposed special event will occupy any part of a federal highway;
(3)
the
proposed special event will unreasonably disrupt the orderly flow
of traffic and no reasonable means of rerouting traffic or otherwise
meeting traffic needs is available;
(5)
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 article;
(6)
the
applicant makes a false statement of material fact on an application
for a special event permit;
(7)
the
applicant fails to provide proof that he 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 part of the special
event;
(8)
the
applicant has had two (2) special event permits issued for the same
location within the preceding twelve (12) month period;
(9)
the
applicant has had a special event permit revoked within the preceding
14 months;
(10)
the applicant has committed, within the preceding 14 months, two
or more violations of a condition or provision of a special event
permit or this article;
(11)
the applicant fails to pay any outstanding reimbursable costs owed
to the city for a past special event; or
(12)
the applicant fails to submit the required deposit and/or fails to
agree in writing to reimburse the city for the estimated costs for
the proposed special event.
(b)
The
director of code services shall revoke a special event permit if:
(1995 Code of Ordinances, Chapter 4, Article 4.1000,
Section 4.1007; Ordinance 1878-11 adopted 4/19/11)
If the director of code services denies the issuance of a permit
or revokes a permit, he shall send to the applicant or permit holder
by certified mail, return receipt requested, or by personal delivery,
written notice of the denial or revocation and of the right to an
appeal. The decision of the director shall be final unless the applicant
or permit holder appeals the decision in writing to the city manager
within three (3) days. The city manager or his designee shall render
a decision on the appeal within one (1) day after the appeal. The
decision of the city manager shall be final.
(1995 Code of Ordinances, Chapter 4, Article 4.1000,
Section 4.1008)
