This chapter is adopted for the purpose of regulating parades, athletic events, public assemblies and other such special events occurring on, near, or within a city park or governmental facilities, or on a public street, sidewalk, or other public right-of-way which might obstruct, delay, or otherwise interfere with the normal flow of vehicular or pedestrian traffic, or which do not comply with applicable traffic laws or controls, or which may otherwise require the special attention and involvement of city personnel or facilities. Furthermore, it is the intent of this chapter to protect nearby property owners, residents and businesses from special events that may be disruptive, obnoxious, unsafe, or inappropriate given site conditions, traffic patterns, land use characteristics, and the nature of the proposed use.
(Ord. 2001-28, 8-28-2001)
(A) 
General definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRIEVED PERSON.
Any person who is adversely affected by a determination made or action taken by a city officer or employee pursuant to the provisions of this chapter in a manner significantly greater than the public generally, including, but not limited to, any applicant for a permit required by this chapter who is adversely affected by the action of a city official denying or revoking such permit.
ATHLETIC EVENT.
Any organized event in which a group of persons collectively engage in a sport or form of competitive physical exercise, including without limitation jogging, running, racing, bicycling, and roller skating.
EXERCISE OF FREE SPEECH RIGHTS.
The articulation of a verbal statement, distribution of literature, or other expressive conduct, the primary purpose of which is to convey a religious, political, philosophical, or ideological message to others, and any other expressive conduct protected by the Constitution of Texas or of the United States.
PARADE.
Any organized march or procession on a festive, ceremonial, or special occasion of a group of persons, animals, or vehicles.
PUBLIC ASSEMBLY.
Any group of people gathered for the common purpose of participating in an organized demonstration, rally, or other organized activity.
SPECIAL EVENT.
(1) 
A parade, athletic event, public assembly, or any other organized gathering of persons which takes place on a periodic or special occasion, and which occurs:
(a) 
Wholly or partially on or within a publicly maintained facility, park, street, sidewalk, alley, or right-of-way; or
(b) 
Wholly or partially on privately owned property if the parade, athletic event, public assembly, or other gathering obstructs, delays, or otherwise interferes with the normal flow of vehicular or pedestrian traffic in or on a publicly maintained facility, park, street, sidewalk, alley, or right-of-way.
(2) 
The term does not include:
(a) 
Funeral processions;
(b) 
A procession of vehicles operated in compliance with ordinary traffic laws upon a street;
(c) 
Any activity performed by persons, including officers, agents, or employees of the city, during the course of an event sponsored by the city, or in the course of performing official duties on behalf of the city;
(d) 
Any activity performed by any other person pursuant to his or her duties and powers as a public official; or
(e) 
Any small, informal gathering of persons, the activities of which are consistent with the usual, customary, and routine uses of the facility or grounds upon which the gathering occurs, which activities do not impair the customary use such facility or grounds by others, and which do not require a coordinated response by municipal staff to provide police, fire, or emergency medical protection, traffic control, and the like.
(B) 
Other definitions.
The definitions set forth in “Traffic, Traffic Areas, and Traffic Control,” Chapter 541 , Subchapter D, ( Texas Transportation Code) are hereby adopted as such definitions may be amended from time to time.
(Ord. 2001-28, 8-28-2001)
(A) 
A permit approved and issued in a manner provided by this chapter shall be required for any special event within the city.
(B) 
A special events permit is non-transferable and any attempted or purported transfer shall immediately void the permit.
(C) 
Neither any provision of this chapter nor the issuance of a permit under this chapter shall be construed to authorize any act in violation of any other applicable law or rule, including without limitation Chapter 51, Title VII, Chapter 90, Chapter 95, Chapter 96, or Title XIII.
(Ord. 2001-28, 8-28-2001)
(A) 
Applications for a special events permit shall be filed with the City Secretary at least 30 days prior to the start of the event. The time for filing an application for a permit authorizing any event may be waived if the City Manager determines that sufficient time remains to review, investigate, and act on the application in the manner required by this chapter. However, where an application for a permit is not filed at least 30 days prior to the start of the event, any right to appeal to the City Council shall be deemed waived if there is insufficient time for such appeal.
(B) 
Every application for a permit under this chapter shall be accompanied by a non-refundable application fee in an amount established by the City Council in the City Fee Schedule, which permit fee shall be used to defray the costs related to the issuance of such permit and which shall be in addition to such further and additional special event fees as may be imposed by this chapter.
(Ord. 2001-28, 8-28-2001)
(A) 
Filing of applications.
Applications for a special events permit shall be filed by a natural person in a form prescribed by the City Manager, shall be verified, and shall contain the information required by this section.
(B) 
Information required for all events.
All applications shall contain:
(1) 
The name, home and business address, and home and business telephone numbers of the person filing the application;
(2) 
If the event is to be conducted by an entity or organization, the name, address, and telephone number of the entity or organization, the name, home and business address, and home and business telephone number of the president, leader, or other head of the entity or organization, and documentation of the authority under which the applicant is applying for the permit on behalf of the organization;
(3) 
The name, home and business address, and home and business telephone number of each person who will be present and in charge of the event on the day of the event;
(4) 
The name, home and business address, and home and business telephone number of any person to be employed to monitor or supervise the event;
(5) 
The nature of the event;
(6) 
The proposed date and estimated starting and ending time of the event;
(7) 
The proposed location of the event, including its boundaries;
(8) 
The estimated number of participants in the event;
(9) 
The type and estimated number of vehicles, animals, and structures which will be used in the event;
(10) 
A description of any sound amplification equipment to be employed at the event;
(11) 
The parking requirements for the event; and
(12) 
A drawing showing access routes for emergency vehicles, and the location of any food, water, sanitary facilities, or first aid stations to be provided at the event. The drawing need not be to scale.
(C) 
Additional information required for parades.
In addition to the information required by division (B) of this section, every application for a permit to authorize a parade shall include the following information:
(1) 
The time when units of the parade will begin to assemble;
(2) 
The proposed assembly point for the parade;
(3) 
The proposed parade route;
(4) 
The interval space to be maintained between units of the parade;
(5) 
The number, type, and size of floats; and
(6) 
The composition and maximum size of any signs or banners to be carried along the parade route.
(D) 
Supplemental information.
In addition to other information required by this section, applications shall include such supplemental information which the City Manager shall find reasonably necessary, given the nature of the event, in order to determine whether to approve or disapprove a permit authorizing such event in the manner hereinafter provided by this chapter.
(Ord. 2001-28, 8-28-2001)
(A) 
Upon the filing of a properly completed application and fee for a permit under this chapter, the City Manager shall immediately forward the application to the Chief of Police, the Director of Emergency Services, and the head of any other municipal department affected by the event for review and recommendation.
(B) 
The City Manager shall either approve or disapprove the application as soon as practicable, but in any event not later than ten days from the date of filing the application and all necessary supplemental information. Except as provided in division (D) of this section, the failure of the City Manager to deny the application within such time shall result in the administrative approval of the application.
(C) 
The City Manager shall approve the issuance of a permit under this chapter unless the City Manager determines that:
(1) 
The applicant has failed to properly complete the application or has failed to provide supplemental information as required by § 100.05;
(2) 
The information contained in the application, including supplemental information, is found to be false or misleading in any material respect;
(3) 
An application for another event to be held on the same date as that requested by the applicant has been previously filed or approved, and as a result of the proximity or size of such other event, the event proposed by the applicant would cause undue traffic congestion or seriously impair the city’s ability to provide proper and efficient police, fire, or ambulance services;
(4) 
The time, route, or size of the event will substantially disrupt the safe and orderly movement of traffic contiguous to the site or route of the event, or disrupt the use of a street during peak traffic periods;
(5) 
The concentration of persons, animals, or vehicles at the site of the event or at the site of an assembly or disbanding area around the event will prevent proper police, fire, or ambulance services to areas contiguous to the event;
(6) 
The location or size of the event will seriously jeopardize or impair police, fire, or ambulance service to the event or other areas in the city, provided, however, that nothing herein authorizes the denial of a permit because of the need to protect event participants from the unlawful conduct of others;
(7) 
The event consists of a parade or athletic event moving along a route which will not move from its point of origin to its point of termination in ten hours or less;
(8) 
The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, sidewalk, or other public right-of-way to be occupied by the event;
(9) 
The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the event will substantially disrupt access to or educational activity at the school or class;
(10) 
The event would violate any applicable law or regulation;
(11) 
The event would pose an imminent risk of serious harm to persons or property;
(12) 
The applicant has not made sufficient provision for parking, or for the health, safety, and sanitation of event participants; or
(13) 
The applicant has been convicted of violating a provision of this chapter, or has had a special events permit revoked within the preceding 18 months.
(D) 
If the City Manager determines that there are grounds to deny an application, but that such grounds could be avoided by changing the date, time, or location of the event, or the manner in which same is conducted, the City Manager shall notify the applicant in writing of the grounds for denial of the application and consult with the applicant regarding alternatives which would allow issuance of the permit. Any applicant desiring to accept such permit alternatives shall file a written notice of acceptance with the City Secretary not later than five days after the date of the City Manager’s notice. In the event the applicant fails to accept such permit alternatives in a manner and within the time provided for herein, the City Manager shall deny the application.
(E) 
The City Manager shall promptly notify the applicant in writing of the approval or denial of the application.
(1) 
If the application is denied, the City Manager shall promptly notify the applicant in writing of such determination, of the reasons for the denial, and of any right to appeal the determination to the City Council.
(2) 
If the application is approved, the City Manager shall promptly issue a permit subject to all the general conditions required by this chapter, and such other special conditions authorized by this chapter as may be necessary in order to protect the safety of persons and property and to ensure the safe, orderly, and lawful operation of the event.
(Ord. 2001-28, 8-28-2001)
(A) 
Indemnification agreement.
As a condition precedent to the issuance of a special event permit, the permittee shall enter into an agreement with the city in a form approved by the City Attorney which shall set forth the undertaking of the permittee to indemnify, hold harmless, and reimburse the city from any liability, damage, or loss occurring during the course of the event authorized by such permit where such liability, damage, or loss is proximately caused by the negligent or intentional act or omission of the permittee, any officer, employee, or agent of the permittee, or any person subject to the permittee’s legal control. In addition, such agreement shall provide that in the event a claim is made against the city by suit or otherwise arising out of such negligent or intentional act or omission, then the permittee shall defend the claim or suit by counsel acceptable to the city and shall indemnify the city for any judgment rendered against the city, or any sums paid out in settlement or otherwise. Such agreement shall be filed with the City Manager prior to the issuance of the permit.
(B) 
Liability insurance.
As a condition precedent to the issuance of a special event permit, the City Manager may require the permittee to obtain public liability insurance acceptable to the City Manager and City Attorney which provides insurance coverage against liabilities for death, personal injury, or property damage arising out of or in any way connected with such event. The City Manager may not require liability insurance if the event involves an exercise of free speech rights.
(C) 
Traffic control and standby fees.
As a condition precedent to the issuance of a special events permit, the City Manager may require the permittee to prepay to the city a fee in an amount equal to the city’s total estimated costs, based upon the recommendations of the Chief of Police, Director of Emergency Services, and the most recent Fee Schedule adopted by the City Council, for providing all of the personnel and materials deemed necessary in order to control and monitor pedestrian and vehicular traffic in and around the site of such event, and to provide emergency services response to event participants.
(1) 
No fee may be collected for the purpose of protecting event participants from the unlawful conduct of others in response to the event. The City Manager may not require a fee deposit if the event involves an exercise of free speech rights.
(2) 
If this section requires payment of fees, traffic control, and standby fees of $500 or more, or if the special event is cancelled, the city shall provide to the permittee an itemized statement of actual costs incurred by the city within 30 days after the event, or after cancellation thereof. If the actual costs exceed the amount prepaid, the permittee shall pay any difference within 30 days after receipt of the itemized statement from the city. If the actual costs are less than the amount prepaid, the city shall refund to the permittee any difference within 30 days after the itemized statement is provided.
(Ord. 2001-28, 8-28-2001)
(A) 
The City Manager may condition the issuance of a special events permit upon the permittee’s compliance with such reasonable requirements concerning the time, place, and manner of conducting the event as are necessary to protect the safety of persons and property, or to control vehicular and pedestrian traffic in and around the site of the event, provided that such requirements shall not unreasonably restrict the exercise of free speech rights.
(B) 
When appropriate, special permit conditions may include without limitation:
(1) 
Requiring the assembly or disbanding area for a parade or athletic event to occur at a specified location;
(2) 
Requiring accommodation of pedestrian and vehicular traffic in and around the site of an event, including restricting an event to a city sidewalk, or to only a portion of a city street or other public right-of-way;
(3) 
Restricting the number and type of vehicles, animals, or structures to be displayed or used in the event;
(4) 
Requiring inspection and approval by city personnel of stages, booths, floats, and other structures or vehicles to be used or operated in the event in order to insure the safety of such structures or vehicles;
(5) 
Requiring provision and use of special lighting, traffic warnings, and barricades;
(6) 
Requiring the provision of qualified personnel to assist with ambulance response, traffic control, or security;
(7) 
Requiring provision of food, water, first aid stations, or sanitary facilities (including disabled-accessible sanitary facilities) such as portable toilets and hand-washing stations;
(8) 
Requiring provision and use of garbage containers, and the clean up and restoration of the site of the event at the termination of the event;
(9) 
Restricting the use of sound amplification equipment, and the amount of noise generated by motors and other equipment used in the course of the event;
(10) 
Requiring the permittee to send notice of the event to nearby property owners prior to the date of such event, either by serving copies of such notice on such property owners individually, by publishing such notice in a newspaper of general circulation, or by posting such notice along the route or at the site of the event;
(11) 
Regulating the hours during which the event will be conducted; or
(12) 
Requiring notification of permit conditions to event participants.
(Ord. 2001-28, 8-28-2001)
(A) 
The City Manager shall revoke a special events permit where the City Manager determines that there were grounds for denying the permit if such grounds were first disclosed or otherwise made known to the City Manager after approval of the permit.
(B) 
The City Manager, Chief of Police, or Director of Emergency Services may revoke a special events permit upon determining that the event is being conducted in violation of the terms and conditions of the permit, or that the event participants have violated or threatened to violate any applicable law or regulation or any condition of the permit. However, this subsection shall not authorize the revocation of a permit because of the need to protect participants from the conduct of others. Whenever possible, a permit shall not be revoked in the manner provided by this subsection unless and until the permittee or responsible event participants have been notified of the violation and afforded a reasonable opportunity to correct same.
(C) 
If the Chief of Police or Director of Emergency Services revokes a permit authorizing a special event prior to the date of such event, such city officer shall promptly notify the permittee in writing of such action and shall provide copies of the notice to the City Manager and all remaining city officers charged with carrying out any responsibilities under this chapter. However, where the Chief of Police or Director of Emergency Services revokes a permit authorizing a special event on the day of such event, such city officer shall announce such action to the event participants, to those city officers and employees engaged in monitoring or controlling traffic during the event, and to the person in charge of the event if such person can be located at the site of the event. Thereafter, the city officer revolting such permit shall promptly notify the permittee in writing of such action and shall provide a copy of the notice to the City Manager. In a written notice issued pursuant to this subsection, the city officer revoking the permit shall set forth the reasons for the revocation.
(Ord. 2001-28, 8-28-2001)
(A) 
Right of appeal.
Except as otherwise provided in this chapter, any aggrieved person may appeal a decision by a city official denying or revoking a special events permit.
(B) 
Notice of appeal.
Appeals pursuant to the provisions of this chapter shall be made by filing a notice of appeal with the City Secretary not later than five days following the date of written notice of such decision, provided that the City Council may extend the time for filing such notice of appeal for good cause shown. Such notice of appeal shall be in a form prescribed by the City Manager, shall contain a brief statement of the reasons why the aggrieved person believes that the decision does not comply with the provisions of this chapter, and shall set forth the relief requested by such person from such decision.
(C) 
Hearing of appeal.
The City Council shall conduct a hearing on the appeal and consider evidence offered by any interested person. The formal rules of evidence do not apply at an appeal hearing, but the City Council may adopt rules for the orderly conduct of the hearing and shall make a decision on the basis of a preponderance of the evidence presented at the hearing. The City Council shall render a decision within 15 days after the request for an appeal hearing is filed, and if no decision is made within that time the decision under appeal shall be deemed affirmed. The City Council may affirm, reverse, or modify the decision under appeal, and its decision is final as to administrative remedies of the city.
(Ord. 2001-28, 8-28-2001)
The City Manager, Chief of Police, Director of Emergency Services, and any sworn peace officer employed by the city may temporarily suspend a special event whenever there is an emergency which requires the event to be temporarily suspended to protect property or public safety. During a suspension as herein provided, the permittee and event participants shall fully comply with the suspending officer’s instructions.
(Ord. 2001-28, 8-28-2001)
The Director of Public Works is authorized and directed to place barricades on or within the city’s parks, streets, sidewalks or other public rights-of-way, and to undertake such other actions as may be necessary to cordon off the route or site of a special event authorized by a permit issued in the manner provided for by this chapter. In addition, the Director of Public Works, when appropriate, shall post the route or site of such event as a no parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to preclude vehicles parking along the route or at the site of the event.
(Ord. 2001-28, 8-28-2001)
(A) 
It shall be unlawful for any person to administer, conduct, sponsor, organize, assist, or knowingly participate in any special event within the city without a valid permit authorizing such event as required by this chapter.
(B) 
It shall be unlawful for any person who administers, conducts, sponsors, organizes, assists, or participates in a special event within the city to knowingly violate any term, condition, or restriction contained in a permit issued as provided by this chapter.
(C) 
It shall be unlawful for any person to intentionally or knowingly make any materially false or misleading statement in an application for a special events permit under this chapter.
(D) 
It shall be unlawful for any person to knowingly obstruct, impede, hamper, or otherwise interfere with any special event authorized by a permit issued pursuant to this chapter, or with any person, animal or vehicle participating or used in such event.
(E) 
It shall be unlawful for any person to drive a vehicle, except an emergency vehicle, between vehicles or persons traversing the route of a parade or athletic event authorized by a permit issued pursuant to this chapter when such vehicles or persons traversing the route of such parade or athletic event are in motion.
(Ord. 2001-28, 8-28-2001)
Special events fees shall be as approved by the City Council as part of the current fiscal year’s operating budget. Violators of this chapter shall pay a fee designated in the then-current Harker Heights Fee Schedule.
(Ord. 2001-28, 8-28-2001)