The following words, terms and phrases, when used in this article,
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
community event permit.
The person to whom a special community event permit is granted
pursuant to this article.
A planned temporary aggregation of people or attractions
for a common purpose, including but not limited to, street fairs,
arts and crafts shows, carnivals, circuses, rallies, public entertainments,
parades, or other similar events or attractions, that:
Are conducted primarily outdoors; and
Interfere with the normal flow or regulation of pedestrian or
vehicular traffic; or
Require special city services, including but not limited to,
street closure, provisions of barricades, special parking arrangements,
special electrical services or special police services.
The written approval from the city administrator for a special
community event.
(Ordinance 1684 adopted 2/21/2023)
It shall be unlawful for any person to conduct a special community
event without first having obtained a special community event permit
from the city administrator.
(Ordinance 1684 adopted 2/21/2023)
A person seeking a special community event permit shall file
an application with the city administrator on forms provided by the
city, which shall be accompanied with the applicable fees found in
section A1.005.
(Ordinance 1684 adopted 2/21/2023)
(a)
Applications for a special community event permit shall be filed
not less than 45 days before the special community event is to begin.
(Ordinance 1684 adopted 2/21/2023)
The application for a special community event permit shall include,
at a minimum, the following information:
(1)
The name, date, and type of special community event;
(2)
The name, address, and e-mail address of the person seeking
to conduct the special community event;
(3)
If the special community event is to be held for or by an organization,
the name, address and telephone number of the headquarters of the
organization;
(4)
A site plan must be submitted with the application;
(5)
The location/address of the special community event;
(6)
The start and end time for the special community event;
(7)
Whether the special community event will require police security,
traffic control, and/or trash receptacles;
(8)
An emergency operations plan must be attached to the application;
(9)
A map or sketch showing all streets to be used or blocked, assembly
area, plan of evacuation, trash receptacles, tents, traffic-control
devices; and
(10)
Any other information the city administrator finds necessary
under the standards for issuance.
(Ordinance 1684 adopted 2/21/2023)
A special community event permit will be issued if, upon review,
the city administrator finds that the applicant has secured necessary
police services, if any; all applicable fees have been paid; and that
the special community 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 so great a number of police
officers to properly police the special community 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 so great a number of fire
protection or emergency medical services (EMS) personnel so as to
unduly interfere with the provision of these services to portions
of the city other than those occupied by the special community event
and adjacent areas;
(4)
It will not unduly interfere with the efficient response movement
of firefighting equipment and services en route to a fire;
(5)
The concentration of people, animals, and vehicles at assembly
points and during the special community event will not unduly interfere
with proper fire, EMS, and police services to areas near such special
community event;
(6)
It is not likely to cause injury to persons or property;
(7)
There will be adequate sanitation and other required health
facilities made available in or adjacent to any public assembly areas;
and
(8)
There are sufficient parking places on or near the site of the
special community event to accommodate the number of vehicles reasonably
expected to be parked or the applicant has made adequate arrangements
for off-site parking and transfer of attendees.
(Ordinance 1684 adopted 2/21/2023)
(a)
The city administrator may deny a special community event permit
if:
(1)
The special community event will conflict in time and location
with another special community event for which a permit has already
been granted;
(2)
The applicant fails to comply with or the special community
event will violate an ordinance of the city or any other applicable
law;
(3)
The applicant makes or permits the making of a false or misleading
statement or omission of material fact on an application for the special
community event;
(4)
The applicant has been convicted of violating this article,
has had a special event permit revoked within the preceding 12 months,
or has failed to pay any additional costs assessed by the city for
a previous special event within the previous two years;
(5)
The applicant fails to provide proof of a license or permit
required by this article or another city ordinance or by state law;
(6)
The special community event, in the opinion of one or more city
departmental directors, would unduly hinder or compromise the delivery
or performance of normal services, including previously scheduled
construction or maintenance services, or emergency services, or constitutes
a public threat;
(7)
The applicant is unable or unwilling to provide any required
insurance or surety bonds that may be required under this article;
(8)
The applicant fails to submit a complete application or fails
to provide any additional information requested by the city administrator;
or
(9)
The proposed date or time for the special community event or
the location of the special community event or parking for such special
community event would unduly interfere or disrupt the educational
activities of a school when such school is in session.
(b)
A special community event permit shall be revoked upon the following
conditions:
(1)
In the event that the police chief, fire chief, director of
utilities, other city officials or their designated representatives
find that any of the provisions of this section, another city ordinance,
or state law is being violated, they shall immediately notify the
city administrator, and the special community event permit shall be
revoked;
(2)
When, in the judgment of the above named officials, a violation
exists which requires immediate abatement, they shall have authority
to revoke a special community event permit in the absence or unavailability
of the city administrator; or
(3)
The applicant made or permitted to be made a false or misleading
statement or omission of material fact on an application for a special
community event permit.
(Ordinance 1684 adopted 2/21/2023)
The city administrator shall act upon a complete application
for a special event permit within 15 days after the filing thereof.
If the city administrator does not approve the application, he shall
mail to applicant a notice stating 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
secretary within 5 days after receipt of the notice of denial. The
city council shall hear the appeal as soon as practicable and its
decision shall be final.
(Ordinance 1684 adopted 2/21/2023)
The special community event permit shall be maintained at all
times on the premises, and shall be made available to any police officer
or other authorized city employee or representative.
(Ordinance 1684 adopted 2/21/2023)
The city administrator shall have authority to require that
permittee send notices of the special community event to abutting
property owners when, in the city administrator's judgment, the special
community event is of a scope and nature that will impact those owners.
(Ordinance 1684 adopted 2/21/2023)
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 street or highway or part thereof adjacent
to the site of the special community 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 1684 adopted 2/21/2023)
Rides and/or attractions associated with a special community
event shall conform to the statutory rules and regulations of chapter
2151 of the Texas Occupations Code, designated the Amusement Ride
Safety Inspection and Insurance Act, as amended.
(Ordinance 1684 adopted 2/21/2023)
Portable type sanitary facilities must be provided on the premises
as determined to be necessary by the city administrator.
(Ordinance 1684 adopted 2/21/2023)
During the special community event, the permit holder shall
comply with all applicable noise regulations of the city.
(Ordinance 1684 adopted 2/21/2023)
A person who is participating in or a member of any group who
is participating in any special community event is prohibited from
throwing any item, including, but not limited to: Candy, gum, beads,
trinkets, or paper during the special community event. Items may be
placed directly into the hand of spectators.
(Ordinance 1684 adopted 2/21/2023)
(a)
When a special community event is partially or fully contained
on the city rights-of-way or other city-owned property, the applicant
for a special community event permit shall furnish the city administrator
with a certificate of insurance with $1,000,000.00 coverage.
(b)
The city administrator shall have the right to lower, waive,
or increase the public liability insurance limits based upon the type
of special community event, equipment, machinery, location, number
of people or animals involved and other pertinent factors or risks
associated with the special community 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 administrator. Upon receipt of such request, the city
administrator shall consider the request and 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 1684 adopted 2/21/2023)
When a special community event permit application is submitted,
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 community
event.
(Ordinance 1684 adopted 2/21/2023)
When a special community event is partially or fully contained
on city property, a surety bond shall be deposited with the city in
the amount 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 surety bond shall be returned to the permittee
within 10 days after special community event permit expires upon certification
by the city administrator that all conditions of this article have
been complied with. Should actual costs for policing and cleaning
not exceed the amount of the bond, the remainder shall be refunded
to the permittee by the city. In the event that actual costs exceed
the amount of the bond, the permittee shall pay such additional sum
to the city within 10 days from the date of notification. If that
amount is not paid, no future permits shall be issued to the same
permittee for a period not to exceed 2 years. Nothing herein shall
preclude the city from enforcing any legal or equitable remedy against
the permittee in addition to the bond. The applicant shall have the
right to show evidence why the bond should be lowered or waived by
the city administrator. Appeals shall be heard by the city council
in accordance with provisions of section 1.11.008.
(Ordinance 1684 adopted 2/21/2023)
(a)
The chief of police shall determine whether and to what extent
additional police services are reasonably necessary for the special
community event for traffic-control and public safety. The chief of
police shall base this decision on the size, location, duration, time
and date of the special community event, and the need to detour or
preempt citizen travel and use of the streets and sidewalks. If possible,
without disruption of ordinary police services or compromise of public
safety, regularly scheduled on-duty personnel will police the special
community event. If additional police services for the special community
event are deemed necessary by the chief of police, he shall so inform
the applicant for the special community event permit. The applicant
then shall have the duty to pay for the police services deemed necessary
by the chief of police.
(b)
In the event the city administrator determines, upon a review
of the application, that a special community event may require the
special attention and involvement of city personnel or facilities,
the city administrator shall so notify the applicant. In such event,
prior to the issuance of a special community event permit, the applicant
and the city administrator shall agree upon the cost of city personnel,
facilities, and cleaning, and the closure of roads, and the applicant
shall pay that amount to the city upon application. Should the applicant
not pay such additional costs, no future special community event permits
shall be issued to the same applicant for a period not to exceed 2
years. Nothing herein shall preclude the city from enforcing any legal
or equitable remedy against the applicant for recovery of such additional
costs.
(Ordinance 1684 adopted 2/21/2023)
(a)
A person commits an offense if the person:
(b)
A culpable mental state is not required for the commission of
an offense under this section.
(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 shall be subject
to the penalty as provided for in section 1.01.009 of this code.
(Ordinance 1684 adopted 2/21/2023)
