Mass gathering.
A gathering that is held inside the limits of the city and that attracts or is expected to attract:
(1) 
More than 1,500 persons; or
(2) 
More than 500 persons, if fifty-one (51) percent or more of those persons may reasonably be expected to be younger than twenty-one (21) years of age and it is planned or may reasonably be expected that alcoholic beverages will be sold, served, or consumed at or around the gathering; and
(3) 
At which the persons will remain for more than four (4) continuous hours; or for any amount of time during the period beginning at 10:00 p.m. and ending at 6:00 a.m.
Person.
An individual, group of individuals, firm, corporation, partnership, or association.
Promote.
Includes organize, manage, finance, or hold.
Promoter.
A person who promotes a mass gathering.
(Ordinance 16-01 adopted 2/8/16)
A person may not promote a mass gathering without a permit issued under this article. The city council shall establish and collect a fee for such a permit. A person who holds a mass gathering without having first obtained a permit shall be guilty of a class C misdemeanor.
(Ordinance 16-01 adopted 2/8/16)
(a) 
At least forty-five (45) days before the date on which a mass gathering will be held, the promoter shall file a permit application with the city. Applications submitted less than forty-five (45) days prior to the event may still be considered; however, the applicant acknowledges that the required inspections and review process may not be completed in time to allow authorization and permitting.
(b) 
The application must include:
(1) 
The promoter’s name and address;
(2) 
The name and address of the owner of the property on which the mass gathering will be held;
(3) 
An executed copy of the agreement between the promoter and the property owner;
(4) 
The location and a description of the property on which the mass gathering will be held;
(5) 
The dates and times that the mass gathering will be held;
(6) 
The maximum number of persons the promoter will allow to attend the mass gathering and the plan the promoter intends to use to limit attendance to that number;
(7) 
A description of each step the promoter has taken to ensure that minimum standards of sanitation and health will be maintained during the mass gathering;
(8) 
A description of all preparations being made to provide traffic control, to ensure that the mass gathering will be conducted in an orderly manner, and to protect the physical safety of the persons who attend the mass gathering;
(9) 
A description of the preparations made to provide adequate medical care;
(10) 
A description of the preparations made to supervise minors who may attend the mass gathering; and
(11) 
Adequate assurance of scheduled performers appearance.
(Ordinance 16-01 adopted 2/8/16)
(a) 
After a permit application is filed with the city, the application shall be sent to the city emergency management coordinator, the city fire marshal, and the city police chief.
(b) 
The emergency management coordinator shall inquire into preparations for the mass gathering. Not less than thirty (30) days before the date of the mass gathering, the emergency management coordinator shall submit to the police chief a report stating whether the coordinator has determined that the minimum standards of health and sanitation prescribed by state and local laws, rules, and orders will be maintained.
(c) 
The fire marshal, or his designee, shall investigate preparations for the mass gathering. Not less than thirty (30) days before the date of the mass gathering, the fire marshal, or his designee, shall submit to the police chief a report stating whether the fire marshal, or his designee, has determined that the minimum standards for ensuring public fire safety and order as prescribed by state and local laws, rules, and orders will be maintained.
(d) 
The police chief, or his designee, shall investigate preparations for the mass gathering. Not less than thirty (30) days before the date of the mass gathering, the police chief shall make a determination on whether the minimum standards for ensuring public safety and order that are prescribed by state and local laws, rules, and orders will be maintained.
(e) 
The city manager may conduct any additional investigation that the manager deems necessary or appropriate.
(Ordinance 16-01 adopted 2/8/16)
(a) 
After a review of the reports from the fire marshal and the emergency management coordinator, the police chief shall either grant or deny the permit. The decision of the police chief shall be not later than the 20th day before the date on which a mass gathering will begin.
(b) 
The police chief may deny the permit if he finds that:
(1) 
The application contains false or misleading information or omits required information;
(2) 
The location selected for the mass gathering is inadequate for the purpose for which it will be used;
(3) 
The promoter has not made adequate preparations to limit the number of persons attending the mass gathering or to provide adequate supervision for minors attending the mass gathering;
(4) 
The promoter does not have assurance that scheduled performers will appear;
(5) 
The preparations for the mass gathering do not ensure that minimum standards of sanitation and health will be maintained;
(6) 
The preparations for the mass gathering do not ensure that the mass gathering will be conducted in an orderly manner and that the physical safety of persons attending will be protected;
(7) 
Adequate arrangements for traffic control have not been provided; or
(8) 
Adequate medical and nursing care will not be available.
(Ordinance 16-01 adopted 2/8/16)
The police chief may revoke a permit issued under this article if the police chief finds that preparations for the mass gathering will not be completed by the time the mass gathering will begin, for any reason identified in section 6.04.005(b), or that the permit was obtained by fraud or misrepresentation.
(Ordinance 16-01 adopted 2/8/16)
A promoter or a person affected by the granting, denying, or revoking of a permit may appeal that action to the city council, or if time does not permit for a city council meeting to be called, the appeal can be made to a district court having jurisdiction in the county.
(Ordinance 16-01 adopted 2/8/16)
(a) 
The emergency management coordinator may inspect a mass gathering during the mass gathering to ensure that the minimum standards of health and sanitation prescribed by state and local laws, rules, and orders are being maintained. If the emergency management coordinator determines a violation of the minimum standards is occurring, the coordinator may order the promoter of the mass gathering to correct the violation.
(b) 
The city fire marshal may inspect a mass gathering during the mass gathering to ensure that the minimum standards for ensuring public fire safety and order as prescribed by state and local laws, rules, and orders are being maintained. If the fire marshal determines a violation of the minimum standards is occurring, the marshal or designee may order the promoter of the mass gathering to correct the violation.
(c) 
The police chief may inspect a mass gathering during the mass gathering to ensure that the minimum standards for ensuring public safety and order prescribed by state and local laws, rules, and orders are being maintained. If the police chief determines a violation is occurring, the police chief may order the promoter of the mass gathering to correct the violation.
(d) 
A promoter who fails to comply with an order issued under this section commits an offense. An offense under this section is a class C misdemeanor.
(Ordinance 16-01 adopted 2/8/16)
The applicant shall indemnify and hold the city harmless from all costs, expenses (including reasonable attorney’s fees) and damages to persons or property arising directly or indirectly as a result of the mass gathering. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of the applicant and the city.
(Ordinance 16-01 adopted 2/8/16)
Any unreasonably loud, disturbing or unnecessary noise which cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity of the mass gathering, or any noise of such character, intensity and continued duration which interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is prohibited and is hereby declared a nuisance. All other regulations in chapter 8, article 8.05 of the city code regarding noise shall apply to mass gatherings.
(Ordinance 16-01 adopted 2/8/16)
City council may establish and collect a fee for an inspection performed under section 6.04.008. The fee may not exceed the amount necessary to defray the costs of performing the inspections.
(Ordinance 16-01 adopted 2/8/16)
(a) 
The following types of mass gatherings are required to notify the chief of police ten (10) days prior to the event, but are not required to obtain a mass gathering permit or to pay any fees established under section 6.04.011.
(1) 
Church events held on church property;
(2) 
City, school, county or other governmental entity events held on property owned by the governmental entity;
(3) 
Weddings, family reunions, wakes, and funerals;
(4) 
Annual county fair and best little cowboy gathering; or
(5) 
Any other exceptions approved by city council.
(b) 
An applicant may request, and the police chief may approve, an annual event series permit for a single location hosting repetitive events of similar nature; including but not limited to attendance, hours of operation, and safety measures as described elsewhere in this article.
(Ordinance 16-01 adopted 2/8/16)
(a) 
A person commits an offense if the person violates section 6.04.002 or section 6.04.008(d). Each violation shall be considered a separate offense.
(b) 
An offense under this section is a misdemeanor punishable by a fine not to exceed $1,000.00.
(Ordinance 16-01 adopted 2/8/16)