The following words and terms, when used in this article, have
the following meanings, unless the context clearly indicates otherwise:
A person who has filed a written application for an event
permit.
A small social or recreational gathering for which a public
street, alley or sidewalk is temporary closed to vehicular traffic
within a residential district and the participants either reside within
the area of the street closing or are guest of such a resident.
A cumulative term that means and refers to any or all of
a block party, special event, motorcade, race, parade, or any combination
thereof.
A written authorization from the chief of police or designee
to hold the requested event.
Any organized procession of vehicles, upon any public street,
sidewalk or alley, that would need to disregard normal traffic-control
devices to proceed but would not require the closing of the street,
sidewalk, or alley to other traffic.
Any march or procession consisting of people, animals, vehicles
of any type, or a combination thereof, upon any public street, sidewalk,
or alley or combination thereof, which does not comply with normal
and usual traffic regulations or controls.
A person to whom an event permit is granted.
A competition or series of competitions of speed or endurance
between humans, motorized or other vehicles, or animals over a specified
course or distance.
A preplanned, single gathering event or series of related
gatherings of people or attractions for a common purpose, including
but not limited to street fairs, arts and crafts shows, carnivals,
circuses, rallies, public entertainments, or other similar events.
Special events are conducted primarily outdoors in public locations
and may interfere with normal flow or regulation of pedestrian or
vehicular traffic, and may require special city services, including
but not limited to street closure, provision of barricades, special
parking arrangements, special electrical services or special police
or emergency services. The term does not include events held in residential
structures, licensed premises, or buildings not owned or controlled
by the city, or gatherings for athletic events that are held in facilities
designed for athletic events.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.01)
It shall be unlawful for any person to hold an event, as defined in section 8.06.001, without first having obtained an event permit from the city.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.02)
The following events are exempt from the permitting process:
(1)
An
event conducted entirely on the property of an educational institution;
(2)
An
event wholly contained on property specifically designed or suited
for the event and which holds a certificate of occupancy for such
use including adequate parking;
(3)
Funeral
or dignitary processions;
(4)
Athletic
events that are held in facilities designed for athletic events;
(5)
City-sponsored
events;
(6)
First
Amendment activity conducted entirely on sidewalks, in public parks
or on private property.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.03)
Applicants seeking a permit shall file an application with the
city upon forms provided by the city, which shall be accompanied with
an application fee as currently established or as hereafter adopted
by the city commission from time to time.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.04)
Applications shall be filed with the city police department
according to the following timeframes and deadlines:
(1)
The
application shall be filed not more than 365 days before the commencement
of the proposed event.
(2)
Applications
for a parade event permit shall be filed not less than forty-five
(45) days prior to the event.
(3)
Applications
for special event, race, or motorcade permits shall be filed not less
than thirty (30) days prior to the event.
(4)
Applications
for block party event permits shall be filed not less than fifteen
(15) days prior to the event.
(5)
The
chief of police may consider event applications submitted after filing
deadlines where good and compelling cause is shown.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.05)
An event permit will be required and approved by the chief of
police and other city officials, including, but not limited to, the
public works director, fire department chief, director of code enforcement,
director of parks, and city manager. Permits are issued in accordance
with said standards and the following:
(1)
The
event will not unnecessarily interrupt the safe and orderly movement
of traffic near its location or route.
(2)
The
event will not require the diversion of a number of regular on-duty
police officers to properly police the event locale or line of movement
and the adjacent areas as to prevent adequate police protection for
the city.
(3)
The
concentration of people, animals, and vehicles at assembly points
will not unduly interfere with proper fire and police protection or
ambulance service to areas near such assembly points or the city.
(4)
A
parade or motorcade is scheduled to move from its point of origin
to its point of termination without unreasonable delays en route.
(5)
It
is not likely to cause injury to person or property.
(6)
There
will be adequate sanitation facilities and parking spaces available
in or adjacent to any public assembly area for the estimated number
of event attendees.
(7)
Other
licenses and permits, restrictions, regulations, safeguards or other
conditions deemed necessary by individual city departments, county
officials, or state or federal agencies for the safe and orderly conduct
of the event are requested, submitted, and approved (i.e., health
permit applications, agreement with the police department for police
coverage, agreement with public works, etc.).
(8)
Compliance
with all applicable local, state, or federal requirements is demonstrated.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.06)
(a)
The
chief of police or designee shall deny issuance of an event permit
if:
(1)
The event will conflict in time or location with another previously
permitted event;
(2)
The applicant fails to comply with, or the event will violate, any
city ordinance 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;
(4)
The applicant has violated this article or has had an event permit
revoked within the preceding twelve (12) months;
(5)
The applicant fails to provide proof of a license or permit required
by any city ordinance or by other applicable law for the event;
(6)
The event would severely hinder the delivery of normal or emergency
public services or constitutes a public threat;
(7)
The sole purpose of the parade or motorcade is the advertising of
any product, goods, wares, or merchandise and is designed to be held
purely for profit;
(8)
City officials make a finding contrary to the findings required to
be made for issuance of a permit;
(9)
The applicant refuses to agree to, abide by, or to comply with all
conditions of the permit and refuses to pay any additional costs as
may be required by the city.
(b)
An
event permit shall be revoked upon the following conditions:
(1)
If any city official finds that any of the provisions of this article,
another city ordinance, or other applicable law is being violated;
(2)
When, in the judgment of any of the above-named city officials, a
violation exists which requires immediate abatement, the city official
shall have authority to revoke a special event permit in the absence
or unavailability of the chief of police or designee;
(3)
The applicant made or allowed to be made a false or misleading statement
or omission of material fact on an application that was not discovered
until after the permit was issued;
(4)
Any permit issued pursuant to this article may be summarily revoked
by the city any time when, by reason of disaster, public calamity,
riot or other emergency, city officials determine that the safety
of the public or property requires such revocation.
(c)
No
event permit shall be denied nor shall the applicant be given less
favorable consideration as to time, manner, or place based upon:
(1)
Race, color, creed, religion, gender, domestic relationship status,
parental status, sexual orientation, transgender, gender identity
or gender expression, national origin, or political affiliation of
the applicant and/or the participants of the event;
(2)
The message of the event, or the identity or associational relationships
of the applicant and/or participants; or
(3)
Any assumption or predictions as to the amount of hostility which
may be aroused in the public by the content of speech or message conveyed
by the event, provided that reasonable accommodation as to time, manner,
and place may be required in order for the city to provide the resources
necessary for police, fire and emergency services to preserve and
protect public health, safety and welfare.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.07)
The chief of police shall act upon a complete event application
within ten (10) working days after the filing thereof. If the application
is not approved, the applicant will be notified via mailed letter
and/or electronic communication notification of the reasons for the
permit denial. Applicants may appeal a denied permit application to
the city manager within five (5) days of receipt of denial notification.
Upon such appeal, the city manager may reverse, affirm, or modify
in any regard the determination of the chief of police. The city manager
will respond to the applicant with the appeal results within five
(5) working days of appeal receipt.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.08)
The event permit shall be maintained at all times on the premises,
and shall be made available to any city official.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.09)
The city has the authority to require that the applicant send
notices, and provide documentation of notification, of the event to
abutting property owners when, in city officials’ judgment,
that special event is of a scope and nature that will impact those
owners.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.10)
No person shall knowingly join or participate in any event conducted
under permit from the city in violation of any terms of said permit,
nor knowingly join or participate in any permitted event without the
consent and over the objection of the permittee, nor in any manner
interfere with its progress or orderly conduct.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.11)
In the event that city departments, upon a review of the application,
determine that an event may require the involvement of city personnel
or facilities, the applicant shall be notified of the associated cost.
(1)
The
chief of police shall determine whether and to what extent additional
police services are reasonably necessary for events for traffic control
and public safety. The decision will be based on:
(2)
If
possible, without disruption of ordinary police services or compromising
public safety, regularly scheduled on-duty personnel will police the
event.
(3)
In
the event it is determined, upon review of the application, that an
event may require the special attention and involvement of city personnel
or facilities which cause the city to incur additional expenses, the
applicant shall be notified. Prior to the issuance of an event permit,
the applicant shall pay the estimated charges associated with the
additional city expenses to the city and shall agree to pay any additional
costs which may arise to the city as a result of the event within
five working days of the date upon which the city informs the applicant
of the amount of such additional charges. Should the applicant not
pay such additional cost, no future event permits shall be issued
to the same applicant, organization, or group for a period not to
exceed a period of two years. Nothing herein shall preclude the city
from enforcing any legal or equitable remedy against the applicant
for recovery of such additional costs.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.12)
(a)
Any
event providing for alcohol sales or consumption shall have a valid
permit or license to sell or serve alcoholic beverages issued by the
state alcoholic beverage commission and shall follow all TABC rules
and regulations associated with the permit.
(b)
At
any such event the event sponsor shall designate an area for the use
of members of the public who elect to bring their own beer or wine
to the event and do not purchase beer or wine from the licensee. Members
of the public of lawful age may bring beer or wine to special events
provided that no glass containers are permitted and no alcohol consumption
is permitted in the city’s aquatic park or on playgrounds.
(Ordinance 1021, sec. 2, adopted 3/23/15; Ordinance 1088, sec. 2, adopted 6/18/18; 1999
Code, sec. 98.13)
The applicant, in tendering its application and receiving a
permit, agrees and contracts with the city that it will comply with
all of the terms of the permit for the purpose of maintaining and
assuring the health, safety and welfare of the residents of the city.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.14)
(a)
Evidence of ability to comply.
In addition to other
requirements set forth herein, the applicant shall furnish suitable
evidence of his or her intention and ability to comply with all conditions
included in the event application and this article.
(b)
Security officers; consumption of alcohol.
Events having
an attendance of 100 persons or less shall require one off-duty police
officer to work security. Events of more than 100 persons in attendance
shall require two off-duty officers. The event sponsor shall pay the
cost of the security officer or officers assigned at an hourly rate
per officer that is set by the chief of police. The chief of police
shall have discretion to waive the security requirement. The hours
of consumption by members of the public is 12:00 noon to 11:00 p.m.
In the event of drunken, unruly or disorderly conduct by event participants,
the city manager or his designee may immediately revoke the permit
and order the ejection of all event participants from the area.
(Ordinance 1021, sec. 2, adopted 3/23/15; Ordinance 1088, sec. 3, adopted 6/18/18; 1999
Code, sec. 98.15)
(a)
No
event permit shall be issued for a special event, parade, or race
until the applicant has filed a certificate of insurance, indicating
that the required insurance [has been obtained] to repair or replace
any damage to publicly owned property within or adjacent to the event.
The insurance policy shall be in force and effect during the period
of time of the event and list the city as an additional insured. Such
insurance policy must be in the face amount of not less than ten thousand
dollars ($10,000.00), and issued by a company licensed to issue such
policy in Texas. This provision may be satisfied by either a special
policy issued solely for the event or by a standing liability policy
maintained by the applicant year-round, so long as it meets the requirements
of this subsection. Applicants have the right to show cause when the
insurance requirement should be reduced or waived, and to attach such
request with the submitted permit application. The city manager will
review requests and may increase, lower, or drop the insurance requirement
based upon review of the event application.
(b)
An
applicant may be required to furnish additional liability insurance
based upon the type of event, equipment, machinery, location, alcohol-related
exposures, number of people involved, and other pertinent factors
or risks associated with the event. Final determination of the amount
of additional insurance necessary will be made by the city manager.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.16)
The applicant shall submit evidence that sufficient parking will be available to accommodate the projected number of event participants. The number of spaces deemed sufficient, as determined by the chief of police, will be determined by the nature of the event, number and age of people attending, and event staff during peak times. When adequate parking is not available at or immediately adjacent to the site, off-site parking with attendee transportation plans may be submitted. The city commission has the authority, as addressed in section 11.09.013, to prohibit parking along permitted parade routes, and may do so when reasonably necessary, as determined by the chief of police.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.17)
Rides and/or attractions with special events shall conform to
all associated local, state, and federal statutory rules and regulations.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.18)
An 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. The city manager may waive the time limitations
on certain special events when good cause is demonstrated by the applicant
and the request is made prior to the awarding of the event permit.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.19)
Any permitted 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 except that a separate
permit is not required with a permitted event. 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. Staking tents
on city property is not permitted without prior approval.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.20)
Where food or beverage service is provided or sold, said operators
shall be in compliance with all provisions of the food and beverage
establishment ordinances of the city, as well as all other applicable
state and local laws.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.21)
No event shall be operated under a permit authorized herein
for more than three calendar days or forty-five (45) hours during
a calendar year. City-sponsored events are exempt from length of permit
restrictions. Another permit shall not be granted to the same permittee
for the same location until at least 90 days have elapsed from the
expiration of the previous permit. The city manager may waive the
time limits on certain events when good cause is demonstrated.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.22)
It is the policy of the city that, immediately upon arriving
at the premises to be inspected, the city official will ordinarily
identify himself to an event employee/worker/volunteer. If there is
no employee/worker/volunteer at the scene, the city official may enter
any area that is open to the public at that time to perform an inspection.
(Ordinance 1021, sec. 2, adopted 3/23/15; 1999 Code, sec. 98.23)
