[1]
Editor's note–Former article V pertaining to parades, was repealed by Ordinance 1940 adopted 8/13/2024. Prior to the deletion this article derived from the following: Ordinance 1058, § 1, 7-8-97; Ordinance 1227, 10-29-02.
Standards for special events are set forth to minimize adverse effects to the public health, safety, or convenience; to ensure compatibility with nearby uses; to avoid creating traffic hazards or congestion; and to curtail any interruptions with the normal conduct of uses and activities in the vicinity; while providing opportunities for hosting limited events.
(Ordinance 1940 adopted 8/13/2024)
As used in this article, the following words and terms shall have the meaning ascribed thereto:
Applicant
Means a person who has filed a written application for a permit.
Carnival
Means and includes amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities, and sideshows. A carnival shall not include gambling devices, games of chance, lotteries, or other activities in violation of State law.
Circus
Means and includes public entertainment consisting of, but not limited to, performances by people and/or animals.
Commercial parade
Means a parade sponsored other than by a nonprofit organization, the purpose of which is to advertise a product, whether tangible or intangible, to advertise or promote an exhibition or theatrical performance, or otherwise operate to the pecuniary benefit of the sponsor.
Event
Means a temporary event, gathering or activity, including but not limited to bike race, carnival, circus, concert, festival, firework display, marathons, menagerie, sideshow, concession, parade, walk-a-thon, or special event that involve one or more of the following activities:
(1) 
Closing or partial closing of a public street;
(2) 
Blocking or restricting city-owned property;
(3) 
An event, gathering, or activity held on city-owned property that is open or advertised to the general public;
(4) 
Sale of merchandise, food, or beverages on city-owned property;
(5) 
Erection of a tent equal to or greater than 200 square feet in area on city-owned property;
(6) 
Installation of a stage, band-shell, trailer, van, grandstand, bleachers, or other portable building or structure on city-owned property;
(7) 
Placement of portable toilets on city-owned property;
(8) 
Private event, gathering, or activity held on city-owned property, reasonably expected to have attendance of 300 or more people, per day;
(9) 
Placement or temporary no-parking signs in a public right-of-way or on property within the city limits; or
(10) 
Placement of pedestrian boundary markers on city-owned property.
Menagerie
Means and includes a collection of live animals on exhibition.
Nonprofit association
Means an association in which no part of its income is distributed to its members, directors or officers.
Parade
Means:
(1) 
An assembly of three or more persons gathering for the common design of moving in or upon any public street from one location to any other location, whether on foot, on horseback, or by mechanical conveyance, as a part of a procession, march, pageant, ceremony, or like event.
(2) 
This term does not include:
(A) 
Funeral processions supervised by a licensed mortuary proceeding by a reasonable route from a funeral home, church, or residence of a deceased to a memorial service or place of interment;
(B) 
Sidewalk processions conducted in accordance with all traffic regulations and other applicable laws and ordinances;
(C) 
Processions, convoys, marches, or similar activities conducted by members of the armed forces of the United States or the State of Texas while acting in the regular course and scope of their duties;
(D) 
Processions, convoys, or the like conducted by members of the Rockport Police Department while acting in the regular course and scope of their duties;
(E) 
Wedding processions preceding by a reasonable route by and between the residence of a member of the matrimonial party, the place of performance of the matrimonial service, the place of the reception or matrimonial celebration;
(F) 
Official motorcades escorted by members of the Rockport Police Department.
Permit
Means a written consent or permit to conduct an event or parade issued pursuant to written application and approval hereunder.
Permittee
Means a person to whom a permit has been granted under this article.
Seasonal special event
Means an event that occurs in a specific season and is scheduled throughout the season on non-sequential days and may use a single Special Event Permit.
Sideshows and concessions
Mean and include circuses, menageries, carnivals, and other amusement enterprises, which are open to the public and for which a fee is charged for admission.
Special event
Means a temporary event, gathering or activity, including but not limited to parades, bike races, marathons, walk-a-thons, fireworks display, concerts, carnivals, other types of races and festival, which involve one or more of the following activities:
(1) 
Closing or partial closing of a public street;
(2) 
Blocking or restricting City-owned property;
(3) 
An event, gathering, or activity held on City-Owned property, that is open or advertised to the general public;
(4) 
Sale of merchandise, food or beverages on City-owned property;
(5) 
Erection of a tent equal to or greater than 200 square feet in area on City-owned property;
(6) 
Installation of a stage, band-shell, trailer, van, grandstand, bleachers or other portable building or structure on City-owned property;
(7) 
Placement of portable toilets on City-owned property;
(8) 
Private event, gathering, or activity held on properties within the City limits, reasonably expected to have an attendance of 300 or more people, per day;
(9) 
Placement of temporary no-parking signs in a public right-of-way or on City-owned property; or
(10) 
Placement of pedestrian boundary markers on City-owned property.
Special event permit
Means written authorization from the City Manager to hold a Special Event.
Special event rules and regulations
Means the guidelines, rules, regulations, policies and procedures developed pursuant to this chapter 86, article V, Special Event may include, but are not limited to, the following: Processes; procedures; cost recovery for City-provided services; safety regulations; resource requirements; and surety and insurance requirements. Special Events must additionally adhere to the Special Events Planning Guide adopted by the City, and all other relevant City Ordinances and local, state, or Federal law.
Street
Means the entire width between the boundary lines of every road or way publicly maintained when any part thereof is open to the use of the public for vehicular traffic.
Street closure
Means the closing or denying access or the ability to drive through a street for an event or for temporary use (not pertaining to city street closures for work).
(Ordinance 1940 adopted 8/13/2024)
(a) 
It shall be unlawful for any person or entity to hold a Special Event, sponsor a Special Event, or cause a Special Event to be held, without first having submitted an Application.
(b) 
An Application is not required for:
(1) 
Events conducted entirely on the property of a religious institution, educational institution, college, or university campus. City, State, or Federal streets or parking lots for multi-tenant buildings, regardless of location, shall not be considered part of a religious institution, educational institution, or college or university campus;
(2) 
Events on property owned or controlled by the City subject to a contract, lease or management/operating agreement with a person or entity where the agreement addresses events on the property or the event is included within the permitted uses in the agreement;
(3) 
Processions of vehicles operated in compliance with traffic laws or a procession of pedestrians excluding organized walks, runs, parades and the like, in compliance with traffic laws along or upon public sidewalks, public parks, or private property;
(4) 
Events held for National Night Out;
(5) 
Funerals and funeral processions;
(6) 
Activities conducted entirely on sidewalks, in public parks or on private property in compliance with traffic laws and any other applicable City Ordinances (for example, handbills, placing property in rights-of-way, health laws etc.);
(7) 
Events conducted under the supervision of or with the permission of a governmental entity on property owned, leased, or operated by a governmental entity other than the City; or
(8) 
Private events, gatherings, or activities on private property with anticipated attendance of less than 300 people, per day.
(Ordinance 1940 adopted 8/13/2024)
(a) 
An Applicant shall file a Special Event Application with the City upon forms promulgated by the City.
(b) 
The Special Event Application shall set forth a minimum requirement in the application, appendix A to Ordinance 1940.
(c) 
The Applicant is responsible for updating the Special Event Application information as necessary prior to the event. The City requirements may be amended based on changes in the expected number of attendees or other circumstances. The minimum attendance will be determined by the number of advance sales or registrations for the event.
(d) 
Within 30 days following the submission of the Special Event Application, the City Manager shall notify the Applicant of any supplemental information requested, using the contact information on the Application.
(Ordinance 1940 adopted 8/13/2024)
(a) 
It shall be unlawful for any person or entity to hold a Special Event, sponsor a Special Event, or cause a Special Event to be held, without first having obtained a Special Event Permit from the City.
(b) 
No Special 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 status, gender identity or expression, national origin, political affiliation, or any other prohibited characteristic of the Applicant and/or participants of the Special Event. All must comply with this article; or
(2) 
The message of the Special 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 Special 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.
(c) 
A permit will be issued by the City Manager based upon the information submitted in the application. The City Manager may reasonably interpret the information in the application and may consider past experience with the type of event and inaccuracies or omissions in the application.
(Ordinance 1940 adopted 8/13/2024)
(a) 
A Special Event Permit shall not be issued until a completed Special Event Application, together with any additional information requested, proof of insurance, and payments of all applicable fees, if any, are received by the City.
(b) 
The Special Event Application must demonstrate compliance with this article, the Special Event Rules and Regulations, the Special Events Planning Guide, and all other applicable law.
(c) 
A Street Closure Request shall not be presented to the City Council until a completed Application, together with any additional information requested and payment; if any, are received by the City.
(Ordinance 1940 adopted 8/13/2024)
(a) 
Applicable Special Events Permit fees will be found in appendix B, Fees to Ordinance 1940.
(b) 
Applicant shall pay all required fees, including site rental, with the Special Event Permit Application, and Applicant shall at the same time be required to pay all fees and costs required by other City ordinances to conduct specific activities in conjunction with or as part of a Special Event.
(c) 
If the City determines that a Special Event may require the special attention and involvement of City personnel or City facilities, the City shall notify the Applicant. Prior to issuance of a Special Event Permit:
(1) 
Applicant and City shall agree upon the additional costs the City will incur as a result of the Special Event and Applicant shall pay those costs to the City; and
(2) 
Applicant shall agree in writing to pay any additional costs to the City incurred as a result of the Special Event within five days of the date upon which the City informs the Applicant of the amount of such additional costs, but in no event less than seven business days prior to the event.
(d) 
Special Event Permits may be canceled by the Applicant, in writing. The first day rental fee for all events which reserve an entire park or another City property will not be refunded if the City receives written notice of cancelation less than 30 days prior to the event. Subject to the foregoing sentence, if an event does not occur, fees paid in advance for City services which have not already been performed by City shall be refunded. No refund of security deposits, reservation fees, pavilion fees, or other fees will be granted due to inclement weather unless the cancellation is a decision made by the City.
(e) 
Application fees for events under this article shall be used for the purpose of defraying the expenses of the City in regulating and inspecting the event and cleaning any public facilities used by the permittee. The fees prescribed in appendix B Ordinance 1940 are in addition to any other fees, taxes, or other charges imposed by law. The City Manager can waive fees required in this section if the applicant is a nonprofit corporation engaged solely in public purpose activities.
(Ordinance 1940 adopted 8/13/2024)
(a) 
A Special Event Application must be filed no earlier than 365 calendar days before the commencement of the proposed Special Event, and no later than 60 calendar days before the commencement of the proposed Special Event. The City Manager may consider an Application that is filed less than 60 calendar days before the commencement of the proposed Special Event if the Applicant could not have met the deadline because the event had not been planned for more than 60 days, the event will not place an undue burden on the City staff or resources, and all applicable expedited application fees are paid.
(b) 
When a timeframe or deadline established in this article results in an Application or other information is due on a weekend or a day the City is closed for business, the Application or other information shall be due on the first business day immediately following said weekend or day the City is closed for business.
(Ordinance 1940 adopted 8/13/2024)
(a) 
Applications must be filed no earlier than 365 calendar days before the commencement of the proposed Street Closure, and no later than 60 calendar days before the commencement of the proposed Street Closure.
(b) 
When a timeframe or deadline established in this results in an Application or other information is due on a weekend or a day the City is closed for business, the Application or other information shall be due on the first business day immediately following said weekend or day the City is closed for business.
(Ordinance 1940 adopted 8/13/2024)
The Special Event Permit Application will be processed and reviewed pursuant to the Special Events Rules and Regulations and the Special Events Planning Guide, which shall be promulgated by the City Manager based on health and safety concerns, the reasonable availability of City resources which may be required, and on other applicable City Ordinances or Code provisions.
(Ordinance 1940 adopted 8/13/2024)
(a) 
Special Event Permit will be issued only if the City Manager finds that the following requirements, as applicable to the Special Event, have been met or that adequate provision therefor will be made:
(1) 
Requirements of City Ordinances/Code provisions and of the State and Federal Governments are met;
(2) 
The Special Event will not unnecessarily interrupt the safe and orderly movement of traffic near its location or route;
(3) 
The Special Event will not require the diversion of a number of police officers to properly police the Special Event locale or movement of a procession or parade along the route and the adjacent areas which will significantly impair adequate police protection for the City as a whole;
(4) 
The concentration of people, animals, and vehicles at assembly points will not significantly impair proper fire and police protection or ambulance service to areas at or near such assembly points or the City or County as a whole;
(5) 
A parade is scheduled to move from its point of origin to its point of termination without unreasonable delays in route;
(6) 
All licenses and permits, restrictions, regulations, fees for the City services, if any, safeguards or conditions as set forth in any Special Event Rules and Regulations as promulgated by the City Manager have been submitted, and approved; and
(7) 
Successful completion of all required pre-event inspections.
(b) 
The City Manager is authorized to interpret the requirements in this Article, and has the authority to modify the same, to fit individual circumstances where the standard cannot be strictly met, is inapplicable to the specific Special Event, or if additional modifications are deemed necessary by individual City departments for the safe and orderly conduct of a Special Event. The City Manager is further authorized to require an Applicant to institute other safeguards or activities to protect the public's safety from circumstances that may arise from a specific Special Event or Street Closure.
(c) 
It is understood that no Applicant is assured the ability to close a street. All street closures are subject to approval by, and authorization from, the City Manager, as set forth in the City's Code of Ordinances and applicable City policy.
(Ordinance 1940 adopted 8/13/2024)
(a) 
Interference.
No person shall unreasonably hamper, obstruct or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
(b) 
Driving through parades.
No driver of any vehicle, except an authorized emergency vehicle as defined in V.T.C.A., Transportation Code, § 541.201, shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
(c) 
Parking on a parade route.
The city manager, director of public works, and police chief, or their designees shall have authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part hereof constituting a part of the route of a parade and post signs to such effect. It shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
(Ordinance 1940 adopted 8/13/2024)
(a) 
The City Manager shall deny issuance of a Special Event Permit if:
(1) 
The Special Event will conflict in time or location with another Special Event or event for which an Application has been submitted or approved prior to the one subsequently requested;
(2) 
The Special Event, if held, would violate the Special Event Rules and Regulations, the Special Event Planning Guide, any City ordinance or any other applicable law;
(3) 
The City Manager determines that there is a false or misleading statement or omission of material fact on a Special Event Application, and the same is not corrected within the time for submission of an application;
(4) 
The Applicant has violated this article or has had a Special Event Permit revoked within the preceding 12 months;
(5) 
The Applicant fails to provide proof of a license or permit required by any City ordinance or other applicable law for the Special Event;
(6) 
The Applicant fails to provide proof that the insurance requirements for the Special Event have been met; or
(7) 
The Special Event would significantly impair the delivery of normal or emergency public services or constitute a public health or safety threat.
(b) 
If the City Manager determines that the Special Event Permit shall be denied, the City Manager shall consider alternatives to the time, place or manner of the Special Event that would allow the Special Event to occur.
(c) 
Revocation of a Special Event Permit:
(1) 
If the Police Chief, Public Works, Building Official, Code Enforcement Officer, or Director of Parks and Recreation (known collectively as "City Official"), or their designee, finds that any of the provisions of this article, another City ordinance, Special Event Rule or Regulation, Special Event Planning Guide, or other applicable law is being violated, he or she shall immediately notify the City Manager and based on that information, the City Manager shall attempt to solve the issue at hand and if it cannot be resolved, the City Manager will determine whether the Special Event Permit shall be revoked. Notice and an opportunity to be heard by the City Manager shall be given to the Applicant prior to revocation if reasonably possible and if the cause for revocation does not involve an imminent threat to the health and safety of any individual or property. If revoked, the Special Event shall immediately terminate and cease activity upon notification to the Applicant. Failure to terminate the activity following revocation of said permit shall constitute a separate offense.
(2) 
When, in the judgment of any of the above designated City Official, a violation exists which requires immediate abatement, and the Applicant does not abate the violation immediately upon notice from said City Official, the City Official shall have authority to revoke a Special Event Permit in the absence or unavailability of the City Manager. If revoked, the Special Event shall immediately terminate and cease activity upon notification to the Applicant.
(3) 
The City Manager, or other City Official in the absence of the City Manager as described above, may revoke a permit wherein a material false or misleading statement or omission of material fact on a Special Event Application is discovered after the Special Event Permit was issued, so that the terms of the permit would require significant revision or if the scope of the Special Event has so changed that the terms of the original permit require significant revision which presents an unreasonable burden on City resources.
(Ordinance 1940 adopted 8/13/2024)
(a) 
If the City Manager denies the issuance of a Special Event Permit, or revokes an issued Special Event Permit, the Applicant shall promptly be notified in writing. Such written notice shall include the reasons for the decision to deny or revoke the Special Event Permit. The Applicant may appeal the denial or revocation to the City Council which shall make a ruling on the appeal, if time permits prior to the event. The City Council shall not be required to call a special meeting to accommodate an appeal.
(b) 
If a City Official other than the City Manager revokes an issued Special Events Permit, the Applicant shall promptly be notified in writing. Such written notice shall include the reasons for the decision to deny or revoke the Special Event Permit. The Applicant may appeal the denial or revocation to the City Manager which shall make a ruling on the appeal and attempt to resolve the issue if time permits prior to the event. If no resolution can be made, the Applicant may appeal the revocation to the City Council which shall make a ruling on the appeal if time permits prior to the event. The City Council shall not be required to call a special meeting to accommodate an appeal.
(c) 
If a Special Event Permit is revoked the event shall cease. No fees, whether they are application fees, or fees paid for City services shall be refunded if a Special Event Permit is revoked. The City shall not be liable for any costs or damages associated with denial of or revocation of a Special Events Permit.
(Ordinance 1940 adopted 8/13/2024)
(a) 
Any person conducting, commencing, aiding or engaging in an event without a permit, or otherwise violating any provisions of this article, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500.00.
(b) 
The Chief of Police or any officer of the Rockport Police Department is hereby authorized to issue summons and citations, as applicable, for violations of this article.
(Ordinance 1940 adopted 8/13/2024)
The provisions of this article are cumulative, and nothing herein shall prevent, alter or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter hereof.
(Ordinance 1940 adopted 8/13/2024)
(a) 
Submission requirements.
(1) 
The applicant must submit a permit bond, insurance, and/or a cash deposit before a permit is issued.
(2) 
The bond and/or insurance must be valued up to $20,000.00, City Managers discretion pending the complexity of the event.
(3) 
The cash deposit up to $10,000, City Managers discretion pending the complexity of the event.
(b) 
Purpose of bond/insurance/cash deposit:
(1) 
These funds are intended to cover the estimated cost of cleaning up debris or other personal or property damages created from the event.
(2) 
They also cover required City services and potential property damage or injury.
(c) 
Validity and usage.
(1) 
The bond must remain valid for at least 30 days after the event ends.
(2) 
The City can use the bond, insurance, or cash deposit to cover the costs of cleaning and repairing the City property or other personal or property damage created from the event or by the applicant or their employees due to the event.
(d) 
Refund conditions.
If the City uses the bond, insurance, or cash deposit any remaining amount, after deducting incurred costs, will be refunded to the applicant.
(e) 
Financially protected.
This ensures that the City is financially protected against any expenses related to the event's aftermath.
(Ordinance 1940 adopted 8/13/2024)
The applicant, in tendering an application and receiving a permit, agrees and contracts with the City not to exclude at any time any authorized City official on duty for the purpose of inspecting, maintaining, and assuring the health, safety, and welfare of the City.
(Ordinance 1940 adopted 8/13/2024)