HomeMy WebLinkAboutOrdinance No. 19-019 allowing and regulating special events by permit
ORDINANCE NO. 19-019
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS
HERETOFORE AMENDED, BY AMENDING ARTICLE 12.07 TO REGULATE
PARADES, PUBLIC ASSEMBLIES AND SPECIAL EVENTS; PROVIDING
DEFINITIONS; REQUIRING PERMITS; PROVIDING EXCEPTIONS; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That Chapter 12, Article 12.07 “Parades and Public Assemblies” of the Code
of Ordinances of the City of University Park, Texas, is hereby amended in part as follows:
“ARTICLE 12.07 PARADES, PUBLIC ASSEMBLIES AND SPECIAL EVENTS
Sec. 12.07.001 Definitions
The following words and phrases when used in this Article shall have the following definitions:
Applicant means a person who has filed a written application for a special event, public assembly
or parade, individually or representing a promoter or sponsor of the special event.
Block party means the use of a residential street for a neighborhood social function where traffic
control is required.
Carnival means an event that includes amusement activities, rides, merry-go-rounds, booths for
the conduct of games of skill, food dispensary facilities, and side-shows and/or a combination
thereof.
Circus means an event that includes performers, animals or other such means of entertainment and
is performed in the open, in a tent, or in any other temporary structure, but does not include
performances held inside a permanent building or on government-owned property.
City means the City of University Park, Texas.
City-sponsored special event, public assembly or parade means a special event, public assembly
or parade that the city council by resolution has:
(1) Declared the city a sponsor or cosponsor of the event; and
(2) Committed the city to significantly sharing in planning, initiating, financing,
supporting, and conducting the event.
….
Committee review means analysis by a special event review committee, of an application to
determine if city services, permits and follow-up inspections will be required.
Concession means a facility at a special event where food or drink is offered to the public.
Licensee means the person to whom a special event permit has been issued.
Non-profit means not maintained or organized for profit, as recognized by the State of Texas and
the Internal Revenue Tax Code.
Parade means the assembly of three or more persons traveling or marching in procession from one
location to another on a public thoroughfare or right-of-way for advertising, promoting,
celebrating, or commemorating a thing, person, date, or event or point of view on political,
religious or social issues. Parade shall include runs, walks, relays, marathons, or similar events.
….
Permit, Parade, Public Assembly or Special Event shall mean the City of University Park’s
agreement giving the applicant/promoter permission to hold the parade, public assembly or special
event (collectively also referred to as a “special event”), on the terms and conditions stated in the
permit and subject to the rules, regulations, and requirements of this Article.
Promoter or Sponsor means the person or organization seeking to hold the special event, including
the promoter or sponsor's officers, employees, volunteers, agents, affiliates, successors, permitted
assigns, and other persons controlled by the promoter.
….
Reimbursable cost means all costs and expenses incurred by the City for activities associated with
staging of the event, including, without limitation, the following:
(1) Utilities services provided to the special event, including all costs of installation,
maintenance, and connection.
(2) Barricades and cones.
(3) Special event parking.
(4) Food services inspection.
(5) Repair, maintenance and removal of facilities in the event of a failure of
applicant/promoter.
(6) Repair of streets, alleys, sidewalks, parks and other public property.
(7) Police protection.
(8) Fire protection.
(9) Emergency medical service.
(10) Garbage disposal and cleanup.
(11) Sanitation costs.
(12) Traffic control.
(13) Other direct costs associated with the special event or parade.
….
Special event means a temporary event or gathering, using either private or public property,
including a circus, carnival, fair, parade or other event, display or sale of objects of art, and/or
performance of music or celebration of event on a political, religious or social issue which involves
one or more of the following activities:
(1) Closing a public street;
(2) Blocking or restriction of public property, including parks and streets;
(3) Offer of merchandise, food, or beverages on public property or on private property
where otherwise prohibited by ordinance;
(4) Erection of a tent on public property, or on private property where otherwise prohibited
by ordinance;
(5) Installation of a stage, band shell, trailer, van, portable building, grandstand or bleachers
on public property, or on private property where otherwise prohibited by ordinance;
(6) Placement of portable toilets on public property, or on private property where otherwise
prohibited by ordinance;
(7) Placement of temporary no parking signs in a public right-of-way; or
(8) A fee or donation is charged for attendance or participation.
Special event permit coordinator means the Fire Marshal or designee, who will be responsible for
reviewing the permit application, coordinating meetings between the applicant and city
representatives, collecting special event permit fees, and enforcing this Article. The special event
permit coordinator shall chair the special event review committee.
Special event review committee shall consist of a representative from the Community Development
Department, Fire Department, Police Department, Traffic, Parks, Sanitation, and additional City
staff as determined by the special event permit coordinator upon review of the special event
application. The special event review committee will meet as needed. The special event review
committee shall review the permit application and require from the applicant such clarifications
and additional information as the committee deems necessary for the approval, denial or revocation
of the permit.
….
Sec. 12.07.002 Exceptions
A. This Article shall not apply to the following:
(1) The Armed Forces of the United States of America, the military forces of the
state, political subdivisions of the state, another governmental agency or the forces
of the police and fire departments acting within the scope of their duties and
functions;
(2) A city sponsored special event;
(3) A funeral procession proceeding by a vehicle under the most reasonable route
from a funeral home, church, or residence to the place of service or place of
internment;
(4) A peaceful demonstration at a fixed location, which is not a street;
(5) A sidewalk procession which observes and complies with the traffic regulations
and traffic control devices, using that portion of a sidewalk nearest the street, but at
no time using more than one-half of the sidewalk;
(6) Students going to and from classes or participating in educational activities,
provided they are under the immediate direction and supervision of the proper
school authorities;
(7) Organized events occasioned by news or affairs coming into public knowledge
within three (3) days of such event, provided the organizer thereof gives written
notice to the city manager at least twenty-four (24) hours prior to such event.
B. The Fire Marshal or designee may issue a waiver of the requirements of this Article to an
independent school district, church or a non-profit corporation, as designated by Section
501(c)(3) of the Internal Revenue Code, where it is determined that such organization
conducting the event can demonstrate the following:
(1) That the event shall be conducted solely on private property;
(2) That the event has adequate traffic control so as not to impede use of the public
streets;
(3) That the event has adequately provided for on-site or off-site parking not on
public right-of-way;
(4) That the event has provided for adequate emergency vehicle access;
(5) That the event has provided a minimum plan for crowd control during the event;
and,
(6) That the event has complied with Chapter 4, section 403, of the 2015
International Fire Code.
Sec. 12.07.003 Prohibited Acts
….
Sec. 12.07.004 Interference; driving through parade or assembly; parking restrictions
….
Division 2. Permit
Sec. 12.07.031 Required
….
Sec. 12.07.032 Application
A. A person desiring to hold a special event shall apply for a permit by filing an application
with the City Secretary. Each application shall be accompanied by a non-refundable fee in
the amount established in the City's Master Fee schedule approved by the City Council. An
application for a special event regulated under this Article shall be made not less than 60
calendar days prior to the date and time of the commencement of the special event. The
special event permit coordinator and/or the special event review committee may waive the
60 calendar days filing requirement if the special event permit coordinator and/or the
special event review committee determines that the application can be processed in less
than 60 calendar days, taking into consideration the type of special event. If the application
is submitted later than the required time as stated above, an expedited review fee may be
required, the amount shall be outlined in the City's Master Fee schedule approved by the
City Council.
B. An application must contain the following information:
(1) The name, address, telephone number, email address and signature of
the applicant and of any other person responsible for the conduct of the
parade or special event;
(2) A description of the parade or special event and the requested dates and
hours of operation of the special event;
(3) The estimated number of persons participating in the special event and
a set of detailed plans showing the area or route to be used during the special
event including proposed structures, tents, fences, barricades, signs,
banners, and restroom facilities;
(4) The time and location of street closings, if any;
(5) Details of the offer of merchandise or serving of food or alcoholic
beverages at the special event;
(6) Details of how the applicant will clean up the area used after the special
event;
(7) A parade's commencement and termination time, the specific route to be
traveled, and the starting and termination points;
(8) A parade’s estimated number, if any, of animals, animals and riders,
animal-drawn vehicles, floats, motor vehicles, motorized displays, and
marching units or organizations such as, but not limited to bands, color
guards, and drill teams;
(9) Application fees required by the City;
(10) Documentation of prior approval by the Parks Department to use park
facilities for a special event, if applicable;
(11) Proof of non-profit status, if applicable;
(12) A copy of contract, agreement, or details outlining arrangement
between applicant and promoter, if any, and between applicant and affected
or participating neighbors; and,
(13) Any other information or documentation that the special event
coordinator or special event review committee shall require for a complete
review of the application.
Sec. 12.07.033 Fee
….
Sec. 12.07.034 Standards for issuance
A. When considering approval of an application, the special event review committee may
consider (without limitation) the following factors:
(1) No person shall be discriminated against on the grounds of race, color, national origin
or disability.
(2) A Permit shall be subject to the applicant receiving approval from the special event
review committee prior to the start of the special event.
(3) The city, by approving plans for a special event, assumes no liability or responsibility.
(4) Whether the application allows for ample opportunity to properly plan and prepare for
the special event; or
(5) Whether, police, fire and other city services will be unduly burdened or adversely
affected by the special event; and
(6) Whether the special event is reasonably likely to subject persons or property, to injury
or damages.
(7) In addition to the application, each applicant shall submit the following detailed plans,
which will be reviewed by the special event review committee:
(a) Facilities: A comprehensive set of plans and specifications relating to
all temporary facilities to be constructed or utilized for the special event.
(b) Fire protection: A comprehensive plan for prevention of fires and for
adequate protection of persons and property in the event of a fire, including,
without limitation, adequate exits, fire extinguishers, adequate access for
fire trucks and emergency vehicles.
(c) Food and beverage service: A comprehensive plan to provide food and
beverage concessions.
(d) Emergency medical service: A comprehensive plan to provide adequate
emergency medical services at the parade or special event.
(e) Parking, assembly or disassembly of parade participants: A
comprehensive plan to provide adequate parking for the proposed special
event, including written permission by all owners of land to be used for the
special event.
(f) Police protection: A comprehensive plan providing for adequate safety,
security, traffic and crowd control in connection with the special event.
(g) Promotional: If applicable, comprehensive plan to promote, market, and
advertise the parade or special event.
(h) Sanitation plan: A comprehensive plan to insure the highest standards
of cleanliness and sanitation are maintained at the special event including
adequate restroom facilities and appropriate refuse containers to
accommodate refuse generated by its patrons and operations and a plan to
empty the containers frequently to prevent overflow.
(i) Emergency services staffing plan: Emergency medical service, police
protection, and fire protection levels as deemed necessary to ensure safety
for the event by the chief of police, the fire chief, or their designee, at the
applicant/promoter's expense.
B. Issuance, denial and revocation of a special event permit.
(1) Upon receipt of an application for a special event permit, the special event permit
coordinator shall schedule the event application review with the special event review
committee.
(2) The committee shall meet as needed to review pending applications. If required,
specially called committee meetings may be scheduled. The committee shall make findings
deemed appropriate and approve or deny the application. The committee reserves the right
to any element of the special event.
(3) Should the application for a special event permit reveal that the location requested
would interfere with the orderly flow of vehicular and pedestrian traffic, the committee
shall have the authority to establish a reasonable alternate location and regulate the
occupancy area within the public right-of-way or city-owned property.
(4) The committee shall determine whether to issue a permit and may deny a special event
permit if:
(a) In conflict with another event at the same location and/or time as a
previously approved special event; or
(b) It is scheduled to begin during, or within two hours of the start or after
the end of a special event for which a permit has been granted and follow a
parade route that passes within one-half mile of any point of the route of the
parade or special event for which a permit has been granted; or
(c) It would unreasonably disrupt the orderly flow of traffic and no
reasonable means of rerouting traffic or otherwise meeting traffic needs is
available; or
(d) It begins and/or end outside the city limits, unless or until the
applicant/promoter receives approval from the adjacent city where the
parade or special event begins or ends.
(e) On any street in which the speed limit exceeds 30 mph;
(f) The applicant fails to adequately provide for:
(i) The protection of event participants; or
(ii) Maintenance of public order in and around the special event location;
or
(iii) Crowd security; taking into consideration the size and character of
the event; or
(iv) Emergency vehicle access; or
(v) Safe sanitary conditions for preparation or operation of food
concessions.
(g) The applicant fails to provide a certificate of liability insurance naming
the city as additional insured in the amount designated by the human
resources/risk management representative to the special event review
committee. Applicant must also provide the certificate of liability insurance
and an endorsement agreement not less than ten days prior to the date of
the special event;
(h) The applicant fails to comply with, or the proposed special event will
violate, a city ordinance or other applicable law, unless the prohibited
conduct or activity would be allowed under this Article;
(i) The applicant makes a false statement of material fact on an application
for a permit;
(j) The applicant fails to provide proof that he possesses or can obtain all
licenses and/or permits required by this Article or other city ordinances or
by other applicable law for the conduct of all activities included as part of
the special event;
(k) The applicant fails to notify the businesses affected by the special event,
in writing, of street closures ten days prior to the event;
(l) The applicant has had a special event permit revoked within the
preceding 12 months or the applicant has committed two or more violations
of a condition or provision of a special event permit or of this chapter within
the preceding 12 months;
(m) The applicant fails to pay any outstanding costs owed to the city for
past special event permits;
(n) The applicant fails to submit the required fees and agree in writing to
reimburse the city for the estimated costs for the proposed special event;
(o) The proposed special event would unduly burden city services.
(p) The proposed event would unduly burden the businesses, residents or
traffic in the area proposed for the event.
Sec. 12.07.035 Appeal of denial or revocation of permit.
If the special event review committee denies the issuance or revokes a permit, the special
event permit coordinator shall send to the applicant or permit holder, written notice of the
denial or revocation, and of the right to an appeal. The decision of the special event review
committee is final unless the applicant or permit holder appeals the decision within three
business days of receipt of the notification to the city manager, in writing. The city manager
shall, within three business days after the appeal is filed, consider all the evidence in
support of or against the action appealed and render a decision either sustaining or
reversing the denial or revocation. The decision of the city manager shall be final.
Sec. 12.07.036 Alternative permit
….
Sec. 12.07.037 Revocation; appeals; costs
A. The city manager may revoke a permit if:
(1) The permit holder made a false statement of material fact on an application for a special
event permit.
(2) The applicant has had a special event permit revoked within the preceding 12 months
or the applicant has committed two or more violations of a condition or provision of a
special event permit or of this Article within the preceding 12 months.
(3) The applicant fails to comply with or the parade or special event is in violation of a
condition or a provision of the special event permit, an ordinance of the city, or any other
applicable law.
(4) The applicant failed to provide a certificate of liability insurance and endorsement
agreement naming the city as additional insured in the amount designated ten days prior to
the event.
(5) The applicant failed to pay any outstanding fees or estimated costs owed to the city for
the special event permit.
(6) The parade fails to begin in a timely manner as determined by the police chief, fire
chief, special event permit coordinator, or their designees.
(7) If the permit holder otherwise violates this Article or fails to comply with the conditions
contained in the permit.
(8) If the applicant has not paid any balance due from a previous event.
B. The special event review committee may review licenses and permits required by other
city ordinances, or applicable law, restrictions, regulations, cost for city services,
safeguards, and other conditions necessary for the safe and orderly conduct of a special
event, to be incorporated into the permit before issuance.
C. The special event review committee shall provide the special event permit coordinator
the estimate cost for city services provided by their respective department to ensure the
safe and orderly operation of the special event. The special event permit coordinator will
prepare and provide the applicant/promoter with an invoice detailing these estimated costs.
Payment will be required not less than five days prior to the date of the parade or special
event. If the actual costs for city services are less or more than estimated, the city may issue
a refund or invoice to the special event applicant/promoter no less 30 days after the special
event.
Sec. 12.07.038 Notice to public officials
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Sec.12.07.041 Contents of permit; operating procedures; indemnification
A. Contents of permit.
Each parade or special event permit application shall state the date(s), starting time, ending time,
location, and public safety plan for gatherings as described in 2015 International Fire Code
403.12.2, and other special conditions or requirements necessary for the safe and orderly conduct
of the parade or special event.
B. Operating procedures.
(1) A special event shall not substantially interrupt the safe and orderly movement of traffic
near the special event.
(2) The City has the right (but not the obligation) to postpone, cancel or reroute or close
early the special event because of hazardous weather or other acts of God or for public
safety and welfare. The City shall have no liability for such postponement, cancellation, or
closure. Further, the City shall have no liability from the failure to postpone, cancel, or
close early the parade or special event under such conditions.
(3) A parade shall move from its point of origin to its point of termination without
unreasonable delays in route.
(4) Each marching unit, organization or entry in the parade will only be allowed to conduct
one stationary performance at a specified and approved location during the parade route.
(5) A special event shall not interfere with proper fire and police protection of, or
ambulance service to, areas near the special event or unreasonably require the diversion of
police and fire protection and ambulance service from other parts of the city.
(6) A permit holder shall comply with all directions and conditions contained within the
permit and with all city ordinances and other applicable laws.
(7) The City, when reasonably necessary, may prohibit or restrict the parking of vehicles
along a street or highway or part thereof on a parade route or part thereof or on the approach
to a parade or special event. The City shall post notice to such effect; and it shall thereafter
be unlawful for any person to park, leave, or strand any unattended vehicle in violation
thereof.
(8) The City may, when reasonably necessary, temporarily close or restrict the use of city
streets or other public property for a special event. The street manager is authorized to
install temporary traffic control devices for the temporary closure or restriction of city
streets and public property for special events. It shall be unlawful for any person to
disregard or disobey any such temporary traffic control device.
(9) The driver of any vehicle or animal shall obey the instruction of any traffic control
device applicable thereto placed in accordance with the City of University Park Code of
Ordinances or the Texas Transportation Code, unless otherwise directed by a police officer.
(10) Parade speeds greater than 15 miles per hour are not reasonable and prudent. A person
operating a parade float or other parade vehicle at a speed greater than 15 miles per hour is
subject to removal from the parade by a police officer or other parade official.
(11) Operators of parade floats and other parade vehicles will make every attempt to keep
a maximum of 30 feet between their float and the float operated directly in front of them.
Operators of parade floats and other parade vehicles that continually lag the stead course
of the parade may be removed from the parade by a police officer or other parade official.
(12) Operators of specialized vehicles or performance-enhanced vehicles in the parade
shall be mindful of Texas Transportation Code § 545.420(a)(5): "A person may not
participate in any manner in an exhibition of vehicle speed or acceleration." Any operator
of a vehicle participating in an exhibition of acceleration will be cited by law enforcement
officers and immediately removed from the parade.
(13) The throwing, tossing, or distribution of candy, beads, or other material from a parade
float or other vehicle by a launching device or by hand is permitted under the following
conditions:
a. Only permitted on certain portions of streets designated by the Director of Community
Development or designee (“Director”);
b. With prior approval of the item and the launching device or person by the Director,
aerial distribution of items such as individual mints or hard candy from floats is permitted,
provided larger items such as apples are prohibited;
c. Prior approval of the launch device elevation and altitude if one is used;
d. Persons granted permission for distribution of items under this section (“person or
persons”) may be charged an additional fee for cleanup of littered items;
e. Persons granted permission by the Director may be required to show proof of liability
insurance for the activity and name the City as additional insured on the policy;
f. A person may be immediately ejected from the event for misuse or abuse of the approved
delivery device or method;
g. Candy, beads, or other material may be distributed to spectators by walkers adjacent to
parade floats or other vehicles provided that such distribution does not interfere with the
orderly movement of the parade and no spectators are required to move into the parade
path to retrieve said material.
Any violation of these conditions will result in the parade float or vehicle or participants’
removal from the special event.
(14) All floats or decorated vehicles shall carry a 2A:10BC fire extinguisher with a current
inspection tag.
(o) Float length shall not exceed 55 feet, including the tow vehicle, nor shall the width or
height exceed 14 feet.
(15) Each equestrian/animal unit shall provide their own clean-up crew and equipment.
The clean-up crew shall be positioned directly behind or beside the animals. Any rider or
handler showing an inability to control their animal will be deemed unsafe by a law
enforcement officer or parade official and shall be removed from the special event.
Equestrian riders shall be a minimum of 12 years of age, able to control the animal in
crowded situations, and have adult supervision if under the age of 16.
C. Indemnification.
An applicant/promoter for a special event permit must execute a written agreement to
indemnify the city and its officers and employees against all claims of injury or damage to
persons or property, whether public or private, arising out of the special event. This
indemnification shall include the following statement:
"Licensee shall defend, protect and keep city forever harmless and indemnified against and
from any penalty, or any damage, or charge, imposed for any violation of any law,
ordinance, rule or regulations arising out of the use of the property by the licensee, whether
occasioned by the neglect of licensee, its employees, officers, agents, contractors, or
assigns or those holding under licensee. Licensee shall at all times defend, protect, and
indemnify and it is the intention of the parties hereto that licensee hold city harmless against
and from any and all loss, cost, damage, or expense, including attorney's fees, arising out
of or from any accident or other occurrence on or about the property causing personal
injury, death or property damage resulting from use of property by licensee, its agents,
employees, customers and invitees, except when caused by the negligence or willful
misconduct of city, its officers, employees or agents, and only then to the extent of the
proportion of any fault determined against city for its willful misconduct. Licensee shall at
all times defend, protect, indemnify and hold city harmless against and from any and all
loss, cost, damage, or expense, including attorney's fees arising out of or from any and all
claims or causes of action resulting from any failure of licensee, its officers, employees,
agents,contractors or assigns in any respect to comply with and perform all the
requirements and provisions hereof."
SECTION 2.All ordinances of the City of University Park in conflict with the provisions of
this ordinance are hereby repealed.
SECTION 3.Should any sentence,paragraph,subdivision,clause,phrase or section of this
ordinance or the Code of Ordinances,as amended hereby,be adjudged or held to be unconstitutional,
illegal or invalid,the same shall not affect the validity of this ordinance or any part or provision
thereof,other than the part so declared to be invalid,illegal or unconstitutional and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 4.Any person violating any of the provisions of this ordinance or the Code of
Ordinances as amended hereby shall be deemed guilty of a misdemeanor and,upon conviction in
the municipal court of the City of University Park,may be fined in amount not to exceed the sum
of five hundred dollars ($500.00)for each offense.
SECTION 5.This ordinance shall take effect immediately from and after its passage and
the publication of the caption,as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park,Texas,on the 6th day of
August 2019.
APPROVED:_/
(/)(M~"~
CHRISTINE GREEN,CITY SECRETARY
(RLD/5-6-1 9/107773)
ORDINANCE NO.19-019
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK,AS
HERETOFORE AMENDED,BY AMENDING ARTICLE 12.07 TO REGULATE
PARADES,PUBLIC ASSEMBLIES AND SPECIAL EVENTS;PROVIDING
DEFINITIONS;REQIDRING PERMITS;PROVIDING EXCEPTIONS;PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY
CLAUSE;PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00)FOR EACH OFFENSE;AND PROVIDING AN EFFECTIVE DATE.
Duly passed by the City Council of the City of University Park,Texas,on the 6th day of
August 2019.
ATTEST:
~
CHRISTINE GREEN,CITY SECRETARY