ARTICLE V SPECIAL EVENTS

It shall be unlawful for a person to be a Participant in a Special Event unless a Special Event permit has been obtained from the City.

It shall be unlawful for a Participant to fail to comply with the terms and conditions of a permit issued or with any applicable laws or ordinances.

Exception.

A Special Event permit is not required for a Civic Event.

(Ordinance 26-745-16 adopted 3/5/2026)

§ 45-102 Permit application.

A person requesting a Special Event permit shall file an application with the City, on forms provided by the City, not less than thirty (30) days before the date of the proposed Special Event.

The application shall be signed by the applicant and notarized and shall set forth the following information:

The name, address, and telephone number of the person seeking to conduct the Special Event;

If the Special Event is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible officers of such organization;

If the Special Event is to be held by or for any person other than the applicant, the applicant shall file a writing from that other person showing authority to make the application;

§ 45-103 Standards for issuance of permit.

The name, address, and telephone number of the person who will be responsible for the conduct of the Special Event;

(5)

The date the Special Event is to be conducted;

(6)

The proposed location of the Special Event and the route to be traveled, including the starting point and termination point;

(7)

The approximate number of persons, animals, and vehicles to participate in the Special Event and the type of animals and description of the vehicles;

(8)

The time when such Special Event will begin and terminate;

(9)

A statement as to whether the Special Event will occupy all or only a portion of the width of the streets proposed to be occupied, traversed, or otherwise affected;

(10)

The location by street name of any assembly areas for such Special Event;

(11)

The time at which persons, animals, and vehicles participating in the Special Event will begin to assemble;

(12)

Any additional information the City finds reasonably necessary to administer this article.

(Ordinance 26-745-16 adopted 3/5/2026)

The application shall be promptly reviewed by the Chief of Police. The Chief shall grant the permit if he determines that the Special Event will not jeopardize public safety, health or welfare; unduly disrupt traffic patterns; and if the applicant has complied with this article and all applicable laws and ordinances.

The Chief of Police may suggest and consult with the applicant on alternative times, routes, or other conditions of the Special Event. The Chief may specify in the permit reasonable rules and conditions affecting same so as to ensure the overall safety of the Participants, citizens, and property, and to ensure the orderly movement of traffic in and near the Special Event area or route.

A Special Event route shall not contain any portion of the following streets, roads, or highways, unless a permit for same has been obtained from the Texas Department of Transportation and presented at the time of application:

Interstate Highway 10, including its service roads;

U.S. Highway 90;

F.M. 359;

F.M. 362; or

F.M. 1489.

This provision shall not be construed to prohibit a Special Event route from crossing one of the listed streets, roads, or highways while traveling along or upon a non-listed street, road, or highway.

(d)

Upon proper application and determination by the Chief of Police that the applicant has satisfied the applicable provisions of this article, the permit shall be issued to the applicant. The permit shall contain the following information:

The date of the Special Event;

The approximate starting and termination time of the Special Event;

The minimum and maximum speeds to be traveled by any vehicles;

The area or route where the Special Event will be conducted;

(5)

The estimated number of persons, animals, and vehicles that will participate in the Special Event; and

(6)

Any other rules, regulations, and conditions agreed to by the applicant or imposed in accordance with this article, including any bonding requirements or payment of additional costs.

(e)

The Chief of Police shall act upon an application for a Special Event permit within ten (10) working days after filing thereof, provided the application is complete in all respects. An incomplete application shall be returned to the applicant with any deficiencies noted thereon. If the Chief does not approve a completed application, he shall mail to the applicant, within fifteen (15) working days after the date upon which the application was filed, a notice of his/her decision, stating the reasons for denial of the permit.

(Ordinance 26-745-16 adopted 3/5/2026)

§ 45-104 Appeal procedure.

Any person aggrieved shall have the right to appeal the denial of a Special Event permit, or the conditions, rules, and regulations imposed thereon, to the City Council. The Council shall hear same as soon as is practicable. The City Council may overrule, affirm, or modify the decision of the Chief of Police. The decision of City Council shall be final.

(Ordinance 26-745-16 adopted 3/5/2026)

§ 45-105 Duties of participant.

A Participant in a Special Event is responsible for post-event cleanup of all debris generated by the Special Event in the Special Event area, along its route, and all assembly areas.

(Ordinance 26-745-16 adopted 3/5/2026)

§ 45-106 Costs.

If the Chief of Police determines that a Special Event requires the special attention and involvement of City personnel or facilities, the Chief shall so notify the applicant. In such event, prior to the issuance of a permit for the Special Event, the applicant and the Chief shall agree upon the cost of policing and any road closures, and the applicant shall pay that amount to the City prior to issuance of the permit. Further, as a condition for issuance of the permit, the applicant shall be required to agree in writing to pay to the City any additional costs incurred as a result of the Special Event within five (5) days of the date upon which the City informs the applicant of the amount of such additional costs.

(Ordinance 26-745-16 adopted 3/5/2026)

§ 45-107 Surety Bond.

In the event the Chief of Police determines, upon review of the application, that a Special Event may involve explosives, damage or destruction of property, or any activity that would pose an unreasonable risk to persons or property, the Chief may require a surety bond. A surety bond shall be deposited with the City in the amount of $100,000.00 conditioned that no damage will be done to City property, streets, sewers, infrastructure, or adjoining or nearby property prior to issuance of the permit.

The surety bond shall be returned to the Permittee within ten (10) days after said permit expires upon certification by the City that all of the conditions of this article have been satisfied.

§ 45-108 Revocation, modification, or denial of permit.

Should the actual costs for any damage repair not exceed the amount of the bond, the remainder shall be reimbursed 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 ten (10) days from the date of notification.

(d)

Nothing herein shall preclude the City from enforcing any other legal or equitable remedy against the Permittee in addition to the bond.

(Ordinance 26-745-16 adopted 3/5/2026)

The Chief of Police may deny, revoke, or modify the terms and conditions of the Special Event permit if the following conditions apply:

On the day of the proposed Special Event, the conduct of the Special Event would require the diversion of so great a number of police officers of the City to properly police the line of movement and the areas nearby as to prevent normal police protection to the City;

The conduct of such Special Event would require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the City other than that to be occupied by the Special Event and affected areas nearby;

The concentration of persons, animals, and vehicles at assembly points would unduly interfere with fire and police protection or ambulance service to areas near such assembly area;

§ 45-109 Indemnification and insurance.

The conduct of such Special Event would unreasonably interfere with the movement of firefighting equipment enroute to a fire;

(5)

The conduct of the Special Event is likely to cause injury to persons or property;

(6)

The conduct of the Special Event would violate federal, state, or local law;

(7)

The applicant failed to fulfill all of the requirements of this article, including all of the terms and conditions of the permit; or

(8)

The Special Event, for any reason, poses an imminent danger to persons or property.

(Ordinance 26-745-16 adopted 3/5/2026)

The applicant and any other persons on whose behalf the Special Event permit application is made, by filing such application, do represent, stipulate, contract, and agree that they will jointly and severally indemnify and hold the City harmless against liability for any and all claims for damage to property, or injury to or death of persons arising out of or resulting from the issuance of the permit or the conduct of the Special Event or its Participants. Each application for a Special Event permit shall contain language in substantially similar form to the language contained in this section.

No Special Event permit shall be issued unless the applicant therefor shall obtain a comprehensive general liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, with coverage that includes the assembly area(s), the Special Event area or route, the disbanding area of the Special Event, and any other area used by the Participants in the Special Event. The City shall be named as an additional insured on such policy. The policy limits of said insurance shall not be less than:

Property damage: $300,000 each occurrence.

Bodily injury or death:

$300,000 each person.

$500,000 each occurrence.

The Chief of Police shall have the right to lower or waive the liability insurance limits based upon the type of event. Factors the Chief of Police may take into consideration include the lack of equipment or machinery to be utilized during the Special Event, the location of the Special Event on a less-traveled roadway or otherwise having little impact on vehicular traffic, whether the anticipated attendance of the Special Event is low, and other pertinent factors.

(d)

Prior to issuance of a permit for a Special Event, satisfactory proof that the required insurance has been obtained must be presented to the City. The requirement for satisfactory proof may be complied with either by providing the original insurance policy to the City or by furnishing to the City a certificate of insurance which meets the following specifications:

The insurance policies issued shall be listed and for each policy, the type of insurance, policy number, expiration date and limits of liability shall be shown;

The certificate shall designate the City as certificate holder and as an additional insured, and shall contain a statement to the effect that the policies listed are in force and that in the event of cancellation or any material change in any policy affecting the certificate holder, at least ten (10) days prior written notice will be given to the certificate holder;

Below the schedule of insurance in force, the certificate shall include a statement substantially as follows:

"The comprehensive general liability policy listed above includes coverage of designated premises and coverage for contractual liability in compliance with the provisions of Chapter 45, Article V, of the Code of Ordinances of the City of Brookshire, Texas, for a Special Event to be held on __________"; and

§ 45-110 Public conduct during special events and civic events.

The certificate shall be signed by an authorized agent of the issuing company or companies and shall have attached a copy of the document evidencing the agent's authority.

(e)

The requirements of subsections (b) and (c) of this section shall not be applicable to Special Events composed of pedestrians only and which do not include any vehicles, animals, explosives, or any planned activity involving the destruction or damage of property or persons. If vehicles only are to be included and the Special Event does not involve any purposeful damage or destruction of property, a motor vehicle liability insurance policy meeting the minimum requirements set forth in subsection (b) may be accepted in lieu of the insurance required in subsections (b) and (c).

(Ordinance 26-745-16 adopted 3/5/2026)

No person shall unreasonably hamper, obstruct, impede, or otherwise interfere with any Special Event or with any Participant, animal, or vehicle participating or used in a Special Event.

No driver of any vehicle shall drive between the vehicles or persons comprising a Special Event when such vehicles or persons are in motion and are conspicuously designated as part of a Special Event.