In this article, the following words shall have the following
meanings:
Applicant.
A person who has filed a written application for a special event or parade permit pursuant to section
1.09.041.
Chief of police.
The chief of police of the city, or the chief’s designated
agent in the city police department.
Circus.
An event that includes performers, animals or other such
means of entertainment and is performed in the open, in a tent, or
in any other temporary structure, but does not include performances
held inside a permanent building or on government-owned property.
Day.
Calendar day, unless specifically stated otherwise in this
article.
Demonstration.
A public display of the attitude of assembled persons toward
a person, cause, issue, or other matter.
Fireworks display.
The display, exhibition, or lighting of any firecrackers,
cannon crackers, skyrockets, torpedoes, roman candles, sparklers,
or any other substance in whatever combination by any designated name
intended for use in obtaining visible or audible pyrotechnic display,
including without limitation all articles or substances within the
commonly accepted meaning of fireworks, whether or not specifically
designated herein.
Parade.
The assembly of ten or more pedestrians that will require
special traffic controls, or five or more vehicles that will be operating
at reduced speeds or require special traffic controls, for the common
design and purpose of traveling or marching or otherwise traveling
in procession from one location to any other location for the purpose
of advertising, promoting, celebrating, or commemorating a thing,
person, date, or event or point of view on political, religious or
social issues.
Permit holder.
A person who has received a permit for a special event or
parade pursuant to this article.
Person.
An individual, firm, partnership, corporation, association,
or other legal entity.
Sidewalk.
That portion of a street intended for the use of pedestrians
that is located between the curblines, or lateral lines of a roadway,
and the adjacent property lines.
Special event.
A temporary event or gathering that involves one or more
of the following activities:
(1)
Any occurrence that takes place wholly or partially on city
property or right-of-way and could cause an interruption of traffic
or parking on city streets in such a way that it requires the special
attention or involvement of city personnel such as closing a street,
directing traffic, or erecting barriers or other safety signs or devices;
(2)
Use of loudspeakers or sound amplifiers in a place that is not
completely enclosed in a building and is within 150 feet of a single-family,
duplex, or multiple-family dwelling;
(4)
A circus.
A special event does not include a parade.
Street.
The entire width between the boundary lines of every way
publicly maintained, when any part is open to the use of the public
for purposes of vehicular travel.
(Ordinance 251, sec. 1, adopted 6/13/06)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section
1.01.009 of this chapter for each other offense arising under this article. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 251, sec. 17, adopted 6/13/06)
(a) The
provisions of this article shall be administered and enforced by the
chief of police.
(b) The
chief of police has the authority to issue, deny or revoke a special
event or parade permit pursuant to this article.
(Ordinance 251, sec. 2, adopted 6/13/06)
The provisions of this article are cumulative of all city ordinances.
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 or parade must be applied for
separately in accordance with the applicable ordinance or law.
(Ordinance 251, sec. 3, adopted 6/13/06)
The provisions of this article shall not apply to:
(3) Events
conducted and completely contained within an enclosed structure;
(4) Events
covered by an interlocal contract between the city and another governmental
entity;
(5) City
park activities that are limited to the use of picnic and shelter
pavilions or sports and recreation facilities, that are regulated
by the director of parks and recreation, and that do not affect property
outside the park;
(6) The
armed forces of the United States or the state, or law enforcement
or fire protection units acting within the scope of their duty;
(7) City-sponsored
activities;
(8) Funeral
processions proceeding by vehicle in the most reasonable route from
a funeral home, church, or residence of the deceased to the place
of service or interment; and
(9) Events
conducted by the Fort Worth Independent School District, or other
such public or private educational institution.
(Ordinance 356 adopted 5/14/13)
(a) Use of streets and other city property.
If the special
event or parade requires the use of city streets or other city property,
the following conditions shall be applicable:
(1) No permanent improvements of any kind shall be placed upon said property
by the applicant, and any temporary structures shall be removed upon
termination of the permit, so that the property permitted shall be
returned to the city in the same condition as it existed prior to
the granting of the permit by the city.
(2) The applicant shall maintain and keep the property clean of any unreasonable
accumulation of trash, or any other condition that would be a nuisance
to the city.
(3) The applicant shall not unduly deny or restrict access to any business
or owner in the area.
(4) The applicant shall only enter and exit the permitted property by
ways approved by the chief of police.
(5) If specified in the permit, the applicant shall make arrangements
to barricade any permitted areas from the general public and erect
any safety equipment, including lighting, that is reasonable and necessary
and required by the chief of police.
(6) The applicant and its agents, employees and contractors shall perform
all acts in a safe manner and in compliance with all laws of the city,
state and federal government.
(7) The applicant shall obtain the consent and permission of any property
owner before requesting the closure of any streets, rights-of-way,
or other city property, if required by law, and indemnify the city,
its officers and employees from any claim filed by owners of property
affected by the closure of the streets, rights-of-way, or other city
property.
(b) Parking.
The city shall have the authority, when reasonably
necessary as determined by the police department based on pedestrian
and traffic safety, to prohibit or restrict the parking of vehicles
along a street or highway or part thereof adjacent to the site of
the special event or parade. The city shall post signs, at the applicant’s
cost, indicating that it shall be unlawful for any person to park
or leave unattended any vehicle in such areas.
(c) Trailers.
Trailers or other vehicles may be temporarily
occupied as living quarters at the site of a special event, provided
the trailers have self-contained sanitation facilities or are connected
to approved sanitary disposal systems. Such vehicles and trailers
shall be parked at least 300 feet or more from any developed residential
district and located so as not to impede vehicular or pedestrian traffic.
(d) Amusement rides.
Rides and/or other attractions associated
with special events shall conform to statutory rules and regulations
set forth in chapter 2151 of the Texas Occupations Code, as amended,
designated the Amusement Ride Safety Inspection and Insurance Act.
(e) Tents and temporary structures.
Any use of a tent, canopy,
or temporary structure, including a stage, shall meet the requirements
in the fire code, except that a separate permit is not required when
a special event or parade 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. The
tent or temporary structure must also be properly anchored and supported
for purposes of public safety.
(f) Food service.
Where food service is provided, said operation
shall be in compliance with all provisions of applicable laws and
ordinances concerning food service, including without limitation applicable
provisions of the Texas Health and Safety Code, as amended.
(g) Sanitary facilities.
The chief of police, with advice
from the county department of health, shall establish the requirements
in park areas for portable type sanitary facilities based on the estimated
number of people, other available facilities in the area, and the
term of the event.
(h) Animals.
The applicant shall make arrangements to remove
all waste from animals used in any special event or parade. Should
animals be kept within the city limits at night, they shall be kept
at least 300 feet or more from any developed residential district.
Animals in parks are subject to park rules.
(i) Water usage.
Any special event or parade requiring the
use of water from the city water system must coordinate with the utility
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.
(j) Solid waste dumpsters.
The director of administrative
services shall establish the requirements for solid waste dumpsters
based on the estimated number of people, type of events, other facilities
in the area and term of the event.
(k) Loudspeakers and amplifiers.
The use of loudspeakers
and amplifiers for special events or parades shall be in accordance
with regulations of all city ordinances.
(l) Notification of residents; meetings with chief of police.
An applicant shall comply with the following special requirements:
(1) Notify any residents whose access to their own property will be limited
or restricted by reason of the special event or parade; and
(2) Meet with the chief of police, or designated agent, on a timely basis
prior to the special event or parade, at a time and place designated
by the chief of police.
(Ordinance 251, sec. 13, adopted 6/13/06)
(a) A
person commits an offense if that person:
(1) Commences or conducts a special event or a parade without a permit;
(2) Fails to comply with any requirement or provision for a special event
or parade pursuant to this article; or
(3) Obstructs, impedes or interferes with any parade or special event,
or with any person, vehicle or animal participating in a parade or
special event.
(b) If
conduct that would otherwise violate this section consists of speech
or other communication in a gathering with others to hear or observe
such speech or communication, or in a gathering with others to picket
or otherwise express in a nonviolent manner a position on social,
economic, political, or religious questions, the person may not be
arrested or cited unless the person has first been ordered to move,
disperse, or otherwise remedy the violation.
(Ordinance 251, sec. 14, adopted 6/13/06)
(a) Special event permit.
A person desiring to hold a special
event shall apply for a permit by filing with the chief of police
one written application on a form provided for that purpose. A separate
permit is required for each location where a special event will be
conducted. The application must be filed not less than 21 days before
the first special event is to begin.
(b) Parade permit.
A person desiring to hold a parade shall
apply for a permit by filing with the chief of police one written
application on a form provided for that purpose. An application for
a parade must be filed not less than 21 days prior to the date and
time the parade is to begin.
(c) Waiver of filing requirement.
The chief of police may
waive the 21-day filing requirement if the chief of police determines
that the application can be processed in fewer than 21 days, taking
into consideration the applicable requirements to be imposed, number
of agencies and other departments involved, and whether a similar
event has previously been permitted.
(d) Notice; appeal.
The chief of police shall send to the applicant, by personal delivery or by certified mail, return receipt requested, written notice of whether the 21-day filing requirement will be waived. The applicant may appeal the chief of police’s refusal to waive the 21-day filing requirement pursuant to the procedure set forth in section
1.09.048.
(e) Application fee.
An application for a special event
or parade permit must be accompanied by a nonrefundable application
fee as determined on the city’s fee schedule. The city council
or the chief of police shall have authority to waive application fees
for community or nonprofit events.
(Ordinance adopting 2012 Code)
An application for a special event or parade permit must be
signed by the applicant and contain the following information:
(1) The
name, address, email address and telephone number of the applicant
and of any other persons responsible for the conduct of the special
event or parade;
(2) A
description of the special event or parade and requested dates and
hours of operation for the special event or parade;
(3) The
estimated number of persons and vehicles to participate in the special
event or parade;
(4) A
sketch showing the area or specific route to be used during the special
event or parade (including, if applicable, the starting and termination
points), along with the location of proposed structures, stages, tents,
fences, barricades, signs, banners, restroom facilities, and 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) A
description of and the number of animals to be used in the special
event or parade, if any;
(9) Details
of how the applicant will clean up the area used after the special
event or parade, if on public property;
(10) Proof that the applicant possesses all licenses and permits required
by this article or other city ordinance or state law for the conduct
of the special event or parade;
(11) Proof that the applicant possesses liability insurance in a form and in an amount found to be adequate by the chief of police, taking into consideration the number of people, the risk involved, and the time of the event, to cover the activities licensed herein. The applicant shall name the city and its officers and employees as additional insured. The applicant shall also provide a certificate of insurance, (unless waived by the chief of police), showing such required insurance, to the chief of police within a reasonable time prior to the scheduled event. If the applicant is of the opinion that the amount or form of insurance is not reasonable, the applicant may appeal pursuant to the procedure set forth in section
1.09.048;
(12) Any other information requested by the chief of police relevant to
the application.
(Ordinance adopting 2012 Code)
Upon receipt of the completed application for a special event permit, the chief of police shall forward a copy of the application to the departments of fire, public works, and building inspection, and the county health department, if needed. Each department shall review the application and return it, with any comments, to the chief of police within five working days of receipt, or as otherwise required by the chief of police if the 21-day filing period has been waived pursuant to section
1.09.041(c) or
(d).
(Ordinance adopting 2012 Code)
(a) The
department directors and the chief of police may impose conditions
and restrictions necessary for the safe and orderly conduct of a special
event or parade, to be incorporated into the permit before issuance.
(b) The
chief of police and department directors shall develop a schedule
of actual costs for city personnel, equipment and supplies that are
needed in conducting special events or parades and that the applicants
are required to reimburse. Once approved, and prior to the issuance
of a permit, the applicant shall be advised of the required reimbursement
to the city. The applicant shall pay such cost or provide security
for payment in an amount deemed adequate by the chief of police. 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.
(c) The chief of police shall send to the applicant, by personal delivery or by certified mail, return receipt requested, written notice of the conditions, restrictions, and costs incorporated into each permit. The applicant may appeal these conditions, restrictions, and costs pursuant to the procedure set forth in section
1.09.048.
(d) To
the extent of any conflict, such conditions, restrictions, and costs
incorporated into each permit shall supersede the provisions set forth
herein.
(Ordinance 251, sec. 8, adopted 6/13/06)
(a) For
a special event permit, after reviewing the application and the departmental
comments, the chief of police shall issue the permit unless denial
is required by the provisions of this article. The chief of police
shall give written notice, by personal delivery or certified mail,
return receipt requested, of the approval or denial of the special
event permit within a period not to exceed 10 days from the date the
application was submitted.
(b) For
a parade permit for a parade with ten to 24 persons, after reviewing
the application, the chief of police shall issue the permit unless
denial is required by the provisions of this article. The chief of
police shall give written notice of the approval or denial of this
parade permit within a period not to exceed three working days from
the date the application was submitted.
(c) For
a parade permit for a parade with 25 or more persons, after reviewing
the application, the chief of police shall issue the permit unless
denial is required by the provisions of this article. The chief of
police shall give written notice of the approval or denial of this
parade permit prior to the start of the parade.
(d) Should
the application for a parade permit reveal that the parade route requested
will interfere with the orderly flow of vehicular and pedestrian traffic,
the chief of police shall have authority to establish a reasonable
alternate route and regulate the width of the parade.
(Ordinance 251, sec. 9, adopted 6/13/06)
An applicant for a special event or parade 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 or parade, including
without limitation claims of the city for damage to city parks and
other city property.
(Ordinance 251, sec. 10, adopted 6/13/06)
(a) Grounds
for denial of a special event or parade permit are as follows, as
applicable:
(1) A special event or parade permit has been granted for another special
event or parade at the same place and time.
(2) Another special event or parade has already been permitted at a place
and/or time that will directly conflict with the requested special
event or parade, and there are not sufficient city resources or other
comparable resources to reasonably accommodate both events.
(3) The proposed special event or parade 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 provide for:
(A) Protection for event participants;
(B) Public health and sanitation;
(C) Crowd security, taking into consideration the size of the event;
(D) Emergency vehicle access;
(E) Traffic and pedestrian safety; or
(5) The applicant fails to comply with, or the proposed special event
or parade will violate, a city ordinance or other applicable law,
unless the prohibited conduct or activity was specifically permitted
pursuant to this article.
(6) The applicant makes a false statement of material fact on an application
for a special event or parade permit.
(7) The applicant fails to provide proof that the applicant possesses
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 or parade.
(8) The applicant has had a special event or parade permit revoked within
the preceding 12 months.
(9) The applicant has committed, within the preceding 12 months, a violation
of a special event or parade permit or this article.
(10) The applicant fails to pay any outstanding costs or damages owed
to the city for a past special event or parade.
(11) The applicant has failed to comply with insurance requirements contained in section
1.09.042(11).
(b) Grounds
for revocation of a special event or parade permit are as follows:
(1) The applicant fails to comply with, or the special event or parade
is in violation of, a condition or provision of the permit, an ordinance
of the city, or any other applicable law, unless the prohibited conduct
or activity was specifically permitted pursuant to this article.
(2) The permit holder made a false statement of material fact on an application
for a special event or parade permit.
(3) The special event or parade fails to begin within 30 minutes of the
appointed time of commencement, and it would not be reasonable to
start the special event or parade late, taking into consideration
conditions such as traffic impact, nighttime, parking, city personnel
necessary, or other such circumstances.
(c) The applicant or permit holder may appeal the decision of the chief of police to deny or revoke a special event or parade permit pursuant to the procedure set forth in section
1.09.048.
(Ordinance 251, sec. 11, adopted 6/13/06)
(a) The appeal procedure in subsection
(b) shall be applicable for an appeal from:
(1) The chief of police’s refusal to waive the 21-day filing requirement
for a special event permit, pursuant to section 1.09.041(a)(2);
(2) The form and amount of liability insurance required by the director of administrative services pursuant to section
1.09.042(11);
(3) The conditions, restrictions, and costs imposed on a permit for a special event or parade pursuant to section
1.09.044(c); or
(4) The denial or revocation of a permit for a special event or parade pursuant to section
1.09.047.
(b) The
action of the applicable city staff member shall be final unless the
applicant or permit holder, within five days after the receipt of
written or oral notice (as required pursuant to this article), files
with the mayor a written appeal. The mayor shall, within 24 hours
after the appeal is filed, consider all the evidence in support of
or against the action appealed and render a decision either sustaining
or reversing the decision of the city staff member. The decision of
the mayor shall be final unless the applicant or permit holder, within
three days after the receipt of the mayor’s decision, files
with the city council a written appeal. The decision of the city council
is final.
(c) When,
in the judgment of the chief of police, a violation exists that requires
immediate abatement because of danger to property, sanitation, or
the health or safety of citizens, the chief shall have authority to
revoke a permit immediately.
(Ordinance 251, sec. 12, adopted 6/13/06)