A person who has filed a written application for an event
permit.
An event that is either sponsored by a certified charitable
organization or an event in which all proceeds go to a certified charitable
organization.
An event that has been designated by the city council as
being designed for, and enjoyed by, the entire community. Events that
have been designated as “community events” are the Christmas
Parade and the Lion’s Rip Roaring Ride July 4th Family Reunion.
An event in which a sentiment, statement, opinion or thought
process is put forward to the public. Activities include, but are
not limited to, protests, rallies, marches, pickets, and sit-ins.
A temporary event or gathering, including but not limited
to film crews, parades, street dances, races, rallies, concerts, flea
markets, public entertainment, festivals, celebrations, carnivals,
circuses, walk-a-thons, or marathons, and using either private or
public property or both.
Written authorization from the city manager to hold an event.
An event exclusively designed for and attended by residents
of a specific neighborhood. These events include, but are not limited
to, block parties and neighborhood ice cream socials.
A temporary event or gathering other than those events described
above.
An event for the sole purpose of promoting a specific product
or service. This type of event includes, but is not limited to, grand
openings, open houses, and press conferences.
An event that occurs in a specific season and is scheduled
throughout the season on nonsequential days, using a single event
permit.
(Ordinance 06-O-69, sec. 2, adopted 9/25/2006; 2009 Code, sec. 1.08.001; Ordinance adopting 2023 Code)
This article shall not apply to:
(1)
Funeral
processions, unless otherwise addressed herein;
(2)
House
moving and construction activities;
(3)
A
governmental agency acting within the scope of its functions;
(4)
Students
traveling to and from classes or participating in educational activities;
provided such conduct is under the immediate direction and supervision
of the proper school authorities;
(5)
Property
leased on a permanent or temporary basis by the city to individuals;
and
(6)
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.
(Ordinance 07-O-57, sec. 1, adopted 12/10/2007; 2009 Code, sec. 1.08.002)
The following activities and actions shall be prohibited in
the city:
(1)
The
landing of an aircraft, either fixed wing or rotor wing, in the area
of an event or any place where there is a gathering of people in the
vicinity of the landing site.
(2)
The act of a person or persons in any way blocking, obstructing, or unduly hindering passage on public streets within the city limits to promote an event, including but not limited to passing out handbills or flyers. However, such activities are authorized if they are allowed by the permit issued under section 1.03.037.
(3)
Any
such activities not specifically approved as part of the permit are
prohibited.
(Ordinance 06-O-69, sec. 5, adopted 9/25/2006; 2009 Code, sec. 1.08.003)
Any person who violates any portion of this article is guilty
of a misdemeanor and shall upon conviction be subject to a fine of
not more than five hundred dollars ($500.00). Each incident that violates
this article shall be considered a separate offense.
(Ordinance 06-O-69, sec. 24, adopted 9/25/2006; 2009 Code, sec. 1.08.004)
The following members shall serve as permanent members of the
events committee:
(1)
The
city manager or his/her designee;
(2)
The
chief of the fire department or his/her designee; and
(3)
The
police chief or his/her designee.
(Ordinance 07-O-57, sec. 2, adopted 12/10/2007; 2009 Code, sec. 1.08.005; Ordinance adopting 2023 Code)
All fees shall be waived for the following events:
(Ordinance 06-O-69, sec. 7, adopted 9/25/2006; 2009 Code, sec. 1.08.006)
(a)
The
events committee may authorize the temporary placement and maintenance
of a sign in the public right-of-way for events.
(b)
In
case of conflict with the city’s sign regulations, this article
shall control for events.
(Ordinance 06-O-69, sec. 11, adopted 9/25/2006; 2009 Code, sec. 1.08.007)
(a)
Sign placement.
A sign approved for placement under
this article shall not:
(1)
Exceed 16 square feet if placed on the roadside to inform the traveling
public;
(2)
Exceed four square feet if used to guide participants in a bicycle
or pedestrian event;
(3)
Extend more than three feet past the pavement edge if the sign is
a banner; or
(4)
Imitate or resemble any official traffic sign, signal, or device.
(b)
Sign material.
A sign approved for placement under this
article shall be constructed of heavy cardboard, plastic, fabric mesh,
or plywood no thicker than 1/4 inch. The sign supports shall be approved
by the events committee.
(c)
Sign location.
An event sign location will be allocated
on a first-come, first-served basis. A sign approved for placement
under this article for an event shall not be placed more than 24 hours
before the event. A banner sign may be installed no more than 30 days
before the event. A sign approved for placement under this article
shall be placed as far from the edge of the pavement as possible,
and shall not be placed:
(1)
In a location where it may prevent the driver of a vehicle from having
a clear and unobstructed view of official signs and approaching or
merging traffic;
(2)
On any roadway appurtenance, including, but not limited to, bridges,
traffic-control devices, official signs, sign supports, light standards,
poles and delineators;
(3)
On any tree or other natural feature less than 18.5 feet above the
pavement if the sign is a banner placed over the pavement; or
(4)
Closer to the pavement edge than official highway signs, except for
those events used to guide participants in a bicycle or pedestrian
event, which shall be placed no less than one foot from the edge of
the pavement.
(d)
Text of the sign.
A sign approved for placement for
an event under this article should not contain commercial advertising
but may identify the event’s sponsor by name and the sponsor’s
trademark. The name of the event’s sponsor and the sponsor’s
trademark should be displayed less conspicuously than the activity.
(e)
Lighting.
A sign approved for placement under this article
shall not display lighting.
(f)
Banner supports.
A banner not placed on existing utility
poles shall be placed on supports which comply with the safety standards
of the Texas Manual on Uniform Traffic Control Devices and the barricade
and construction standard sheets and must be approved by the events
committee before installation.
(g)
Sign removal.
All event signs shall be removed by the
event sponsor within 24 hours of the completion of the event. Banners
should be removed within seven days of the completion of the event.
An event sign not removed in compliance with this subsection is subject
to removal by city code enforcement and the event sponsor shall be
liable for removal and disposal costs. If a sign becomes a hazard
due to inclement weather, inadequate maintenance, accidental damage,
or other cause, the city code enforcement will remove the sign immediately
and the event sponsor shall be liable for the removal and disposal
costs.
(h)
Maintenance.
The sign shall be maintained by the event
sponsor in compliance with all the requirements of the application.
Signs not maintained in accordance with the application may be removed
by the city code enforcement and the event sponsor shall be liable
for removal and disposal costs.
(Ordinance 06-O-69, sec. 12, adopted 9/25/2006; 2009 Code, sec. 1.08.008)
The events committee may approve the sign application by signing
and returning to the applicant a copy of the event application. The
events committee may request any additional information necessary
to make a determination.
(Ordinance 06-O-69, sec. 13, adopted 9/25/2006; 2009 Code, sec. 1.08.009)
A funeral composed of a procession of vehicles shall be identified
as such by lighted headlights or by the display upon the outside of
each vehicle of a pennant of a type designated by the chief of police.
(Ordinance 06-O-69, sec. 22, adopted 9/25/2006; 2009 Code, sec. 1.08.010)
No person shall possess or use a glass bottle or glass container
in the general vicinity of an event. This provision shall not include
glass or ceramic craft items displayed for sale as a part of an event.
(Ordinance 06-O-69, sec. 23, adopted 9/25/2006; 2009 Code, sec. 1.08.011)
(a)
No person shall engage in, participate in, form, or start any of the activities described in section 1.03.001 unless an event permit has first been signed by the city manager.
(b)
When
determining whether a permit is required, consideration will be given
to whether the following conditions exist:
(1)
Closing a public street, sidewalk or alleyway;
(2)
Blocking or restricting public property;
(3)
Blocking or restricting access to private property of others;
(4)
Use of pyrotechnics or special effects;
(5)
Use of open flame, explosions or other potentially dangerous displays
or actions;
(6)
Use or display of animals, aircraft or watercraft;
(7)
Sale of merchandise, food, or beverages on public property, or on
private property where otherwise prohibited by ordinance;
(8)
Installation of a stage, band shell, truck, trailer, van, portable
building, booth, grandstand or bleachers on public property or private
property where otherwise prohibited by ordinance;
(9)
Placement of portable toilets on public property or on private property
where otherwise prohibited by ordinance;
(10)
Placement of no-parking signs or barricades in a public right-of-way;
(11)
Alcohol beverage availability;
(12)
Amplification of music or voices; and
(13)
Any non-routine use of the downtown area, including the downtown
square and the immediate surrounding area.
(Ordinance 06-O-69, sec. 3, adopted 9/25/2006; 2009 Code, sec. 1.08.031; Ordinance adopting 2023 Code)
(a)
Submission of application.
A person seeking issuance
of an event permit shall submit an application for an event permit
with the city manager.
(b)
Application fee.
Each application must be accompanied by a nonrefundable fee as set forth in the fee schedule in appendix A of this code. This application fee shall be waived for nonprofit organizations.
(c)
Police protection; additional costs.
(1)
The chief of police shall determine whether and to what extent additional
police protection is reasonably necessary for the special 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 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 event. If additional
police protection for the special event is deemed necessary by the
chief of police, he shall so inform the applicant for the special
event permit. The applicant then shall have the duty to secure the
police protection deemed necessary by the chief of police.
(2)
In the event the city manager determines, upon a review of the application,
that a special event may require the special attention and involvement
of city personnel or facilities, the city shall so notify the applicant.
In such event, prior to the issuance of a special event permit, the
applicant and the city manager shall agree upon the cost of policing,
and cleaning, and the closure of roads, and the applicant shall pay
that amount to the city upon application. Prior to the issuance of
a special event permit, the applicant shall agree in writing to pay
any additional costs to the city incurred as a result of the special
event within five (5) days of the date upon which the city informs
the permittee of the amount of such additional costs. Should the permittee
not pay such additional costs, no future special event permits shall
be issued to the same permittee for a period not to exceed two (2)
years. Nothing herein shall preclude the city from enforcing any legal
or equitable remedy against the permittee for recovery of such additional
costs.
(Ordinance 07-O-57, sec. 3, adopted 12/10/2007; 2009 Code, sec. 1.08.032; Ordinance adopting 2023 Code)
An application for an event permit shall be filed no less than 90 days, nor more than 120 days, before the date on which the proposed event shall occur. An additional fee as set forth in the fee schedule in appendix A of this code shall be assessed to individuals/organizations who apply for an event permit less than 90 days prior to the proposed event, in addition to the application fee. The additional fee may be waived at the discretion of the city manager, or his/her designee, on a case-by-case basis.
(Ordinance 08-O-41 adopted 8/11/2008; 2009 Code, sec. 1.08.033; Ordinance adopting 2023 Code)
(a)
An
application for an event permit shall set forth the following information:
(1)
The name, address and telephone number of the person seeking to conduct
such event, and who will be responsible for its conduct;
(2)
If the event is proposed to be conducted for, on behalf of, or by
an organization, the names, addresses, and telephone numbers of the
headquarters of the organization and of the authorized and responsible
heads of such organization;
(3)
The date and times when the event is to be conducted and the location
of the event or the route of the event, including starting point and
termination point;
(4)
A sketch or map of the area or route to be used during the event,
along with proposed structures, tents, fences, barricades, signs,
barriers and restroom facilities;
(5)
The name and location of any streets, alleys, or sidewalks to be
blocked or closed;
(6)
The approximate number of participants and whether or not there will
be any animals used anywhere during the event;
(7)
Details of the sale of merchandise or the sale or service of food
or beverages at the event, designating the vendors involved; and
(8)
Any additional information which the city finds reasonably necessary
to make a determination as to whether a permit should be issued.
(b)
If
an application for an event permit includes a request for authorization
to discharge BB guns, pellet guns, paintball guns, air guns, spear
guns, wrist rockets and/or slingshots, or to engage in archery (including
but not limited to use of long bows, compound bows, and crossbows),
the following information shall be submitted with the application:
(1)
Proof of insurance coverage in an amount to be determined by the
events committee and including any special coverage required by the
city manager or his designee.
(2)
Written description of all safety procedures and equipment that will
be in effect or in place during the activities.
(3)
Proof that all instructors have successfully completed a safety and
training program acceptable to the city from a qualified instructor.
(4)
A statement of the adult/child ratio at the activity.
(5)
Any other requirements deemed necessary due to existing or reasonably
foreseeable circumstances.
(c)
If
authorization to place temporary signs is sought, the applicant shall
include information detailing the sign size, location(s), duration,
and construction material, as well as a copy of the authorization
from the state department of transportation to place the sign in the
right-of-way. The information will be reviewed by the events committee
in accordance with the standards set forth in this article pertaining
to events signs.
(d)
If
authorization is sought for a person or persons to distribute handbills
or placards, to wear “sandwich board” signs, and/or to
act as a street hawker, the applicant shall include the specific descriptions,
locations and times that such activities will occur. If approved,
the city may impose any special conditions that it believes are necessary
for such activities (e.g., use of reflective vests, flashlights, additional
insurance, etc.).
(Ordinance 06-O-69, sec. 10, adopted 9/25/2006; 2009 Code, sec. 1.08.034; Ordinance adopting 2023 Code)
(a)
Upon
completion of required forms, the applicant must submit all information
for processing of the application:
(1)
Upon receipt of the completed application, the application shall
be forwarded to the events committee. The events committee shall review
the application and return all comments to the city manager within
ten working days.
(2)
The applicant shall submit evidence that sufficient parking will
be provided for the event to accommodate the projected number of persons
attending the event with a ten percent surplus. If parking is to be
provided on private property adjacent to the event, the applicant
shall submit written evidence that the applicant has a right of possession
of the property through ownership, lease, license or other permission.
If the property is not an established parking area, the applicant
shall submit a form describing how parking on the property shall be
achieved and arranged, including a designation of the number of parking
spaces to be provided on the property.
(3)
The applicant for an event permit shall also provide copies of all
agreements or other arrangements regarding the provision of police,
fire and other emergency services, barricades and traffic control,
and litter collection and trash removal.
(4)
If the applicant intends to use city services to provide any of the services described in subsection (a)(3) of this section, the city shall submit to the applicant an estimate of the cost of each service. Any significant change in the nature and/or scope of the event may result in additional charges for city services. The applicant shall pay to the city a deposit of 50 percent no less than five days prior to the event and sign an agreement consenting to pay the balance due within ten days after the event upon final accounting of the costs due.
(5)
The applicant for an event permit shall provide proof of general
liability insurance coverage for the event. Such insurance shall be
in amounts prescribed by the city manager or designee. Such insurance
shall name the city as an additional insured.
(6)
The events committee shall designate the 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 an event, to be incorporated into
the event permit before issuance.
(b)
After the events committee reviews the application and makes their comments, the application shall be reviewed by the city manager for issuance of an event permit, unless denied in accordance with section 1.03.040. An event permit may be issued for a period not to exceed seven consecutive days for an event to occur. A separate permit is required for each seven-day period during which an event will be conducted, with the exception of seasonal events.
(Ordinance 06-O-69, sec. 14, adopted 9/25/2006; 2009 Code, sec. 1.08.035; Ordinance adopting 2023 Code)
After consideration of the application and such other information
as may otherwise be required, the city manager shall issue an event
permit, upon finding that:
(1)
The
event will not substantially interrupt the safe and orderly movement
of other traffic, both vehicular and pedestrian;
(2)
The
event will not require the diversion of so great a number of police
officers as to prevent normal police protection for the city;
(3)
The
event will not interfere with the movement of firefighting equipment
to a fire;
(4)
The
event is not reasonably likely to cause injury to persons or property,
to provoke disorderly conduct, or to create a disturbance;
(5)
The
event is not to be held for the sole purpose of advertising any product
or goods;
(6)
The
applicant has provided such general liability insurance coverage as
may be required by the city manager and in the amounts as prescribed
by the city manager. Such insurance shall name the city as an additional
insured;
(7)
The
applicant has complied with any other special conditions imposed by
the city or other authorized official, for the issuance of an event
permit; and
(8)
The applicant has complied with all the requirements of section 1.03.034(b), if the event includes the discharge of BB guns, pellet guns, or paintball guns, or engaging in archery (including, but not limited to, use of long bows, compound bows, and crossbows), and the events committee has designated a specific area where the activities are allowed to occur, and established any other limitations and restrictions on the activities that the committee believes are reasonable.
(Ordinance 06-O-69, sec. 15, adopted 9/25/2006; 2009 Code, sec. 1.08.036; Ordinance adopting 2023 Code)
Each event permit shall state the following information, pursuant
to the application, as may have been modified by the city council:
(1)
Dates
and times covered by the permit;
(2)
Routes
to be traversed, or location and streets to be blocked;
(3)
Any
special conditions imposed by the city council; and
(4)
Approximate
number of participants.
(Ordinance 06-O-69, sec. 16, adopted 9/25/2006; 2009 Code, sec. 1.08.037)
The event chairman or other person heading or leading such activity
shall be present at the event at all times and shall carry the event
permit upon his/her person during the duration of the event and present
it on demand to any city official.
(Ordinance 06-O-69, sec. 17, adopted 9/25/2006; 2009 Code, sec. 1.08.038)
It is unlawful for any person participating in any event, for
which a permit has been issued in accordance with this article, to
fail to comply with all directions and conditions of such permit and
all applicable laws and ordinances.
(Ordinance 06-O-69, sec. 18, adopted 9/25/2006; 2009 Code, sec. 1.08.039)
An application for an event permit shall be denied if:
(1)
An
event permit has been previously granted for another event at the
same place and time;
(2)
The
time, place or manner of the proposed event or demonstration will
unreasonably disrupt the orderly flow of traffic and no reasonable
means of rerouting traffic or otherwise meeting traffic needs is available;
(3)
The
applicant fails to comply with or the proposed event will violate
this article, another city ordinance, or other applicable law, unless
the prohibited conduct or activity would be allowed under this article,
or the applicant has failed to comply with the terms of a previous
event permit;
(4)
The
applicant makes a false statement of material fact on an application
for an event permit;
(5)
The
applicant fails to provide proof that applicant 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 event;
(6)
The
time, place, manner or nature of the proposed event poses a threat
to the health or wellbeing of the public; or
(7)
The
applicant fails to pay any outstanding costs owed to the city for
a past event.
(Ordinance 06-O-69, sec. 19, adopted 9/25/2006; 2009 Code, sec. 1.08.040)
A city official shall revoke an event permit if:
(1)
The
applicant fails to comply with or conducts the event in violation
of a condition or provision of the event permit, an ordinance of the
city, or any other applicable law; or
(2)
The
permit holder made a false statement of material fact on an application
for an event permit.
(Ordinance 06-O-69, sec. 20, adopted 9/25/2006; 2009 Code, sec. 1.08.041)
If a city official denies the issuance of an event permit or
revokes an event permit, the applicant shall promptly be notified
by phone, certified mail, return receipt requested, written notice
[sic] of the denial or revocation and has the right to an appeal.
The applicant or permit holder may appeal the decision of the city
manager to the city council.
(Ordinance 07-O-57, sec. 4, adopted 12/10/2007; 2009 Code, sec. 1.08.042; Ordinance adopting 2023 Code)
