HomeMy WebLinkAboutORD 2012-20 - Events & CelebrationsORDINANCE NO. aolr�)�ao
AN ORDINANCE COUNCIL i' OF
GEORGETOWN, TEXAS, AMENDING CHAPTER 12.24 ENTITLED
,IV1 i i i 1 i ZMAAII
OF OF iRGETOWN TEXAS; _MPEALMG
CONFLICTING ORDINANCES 1 RESOLUTIONS; INCLUDING
CLAUSE*SEVERABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Georgetown, Texas ("City Council")
recognizes the need to encourage and promote events for the greater good, cultural diversity
and promotion of the City; and
WHEREAS, some gatherings and organized activities, due to their size and special
requirements, may place unique demands on public resources or pose a danger to public
health, safety and welfare; and
WHEREAS, in order to plan for these demands on public resources and ensure that
public health and safety is protected, it is necessary that the Cite receive advance notice of these
events,
WHEREAS, the provisions of this Ordinance are intended to address those concerns
and are not intended to place unnecessary burden on any right of association or freedom of
expression.
THEREFORE, BE IT ORDAINED i i OF
CITY OF i'
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
ordinance complies with the Vision Statement of the City of Georgetown 2030
Comprehensive Plan,
SECTION 2. Chapter 12.24 of the Code of Ordinances of the City- of Georgetown,
Texas is hereby amended in its entirety and shall provide as shown in EXHIBIT A.
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 4. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall becomeeffective on May 1, 2012 and be in full force
and effect in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the day of March, 2012.
PASSED AND APPROVED on Second Reading on the day of April, 2012,
.ATTEST: THE CITY OF GEORGETOWN:
Brettle, Cid Secretary By: George Garver,
VED AS
City Attorney
s.* ;►.
Speciad Events
UZOWWl . 1
The City recognizes the need to encourage and promote events for the greater good,
cultural diversity and promotion of the City. Some gatherings and organized activities, due to
their size and special requirements, may place unique demands on public resources or pose a
danger to public health, safety and welfare. In order to plan for these demands on public
resources and ensure that public health and safety is protected, it is necessary that the City
receive advance notice of these events. The provisions of this Chapter are intended to address
those concerns and are not intended to place unnecessary burden on any right of association or
freedom of expression.
See. 12.24.020 Definitions
Applicant means a person who has filed a written application for a Special Event Permit.
City means the City of Georgetown, Texas.
City Park means any property in the City designated as a park, playground, recreational
facility, swimming pool or hike and bike path, and shall include buildings, parking lots and
driveways in such areas.
First Amendment Activity means all expressive and associative activity on public streets that
is protected by the United States and Texas Constitutions, including speech, press, assembly and
the right to petition, but does not include commercial advertising.
First Amendment Event means an event where the sole or principal object is First
Amendment Activity.
Parade means any assembly, march, demonstration or procession upon public streets within
the City including persons, animals, or vehicles that is reasonably likely to interfere with the
normal flow or regulation of traffic.
Permittee means the person to whom a Special Event Permit is granted pursuant to this
Chapter.
Person means any individual, entity, association or organization.
Seasonal
Special Event
means an
event
that occurs in
a specific season and is scheduled
throughout the
season on non -sequential
days,
using a single
Special Event Permit,
Special Event means a temporary event, gathering or organized activity, including but not
limited to Parades, bike races, marathons, walk-a-thons, fireworks displays, concerts, carnivals,
other types of races and festivals, First Amendment Events, and Seasonal Special Events which
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involves one or more of the following activities:
(1) Closing a public street;
(2) Blocking or restricting City -owned property;
(3) Blocking or restricting access to City Parks unless otherwise authorized by
the City Parks and Recreation Department;
(4) Sale of merchandise, food or beverages on City -owned property;
(5) Erection of a tent equal to or greater than two hundred (200) square feet in
area on City -owned property;
(6) Installation of a stage, band -shell, trailer, van, portable building, grandstand
or bleachers on City -owned property;
(7) Placement of portable toilets on City -owned property;
(8) Placement of temporary no -parking signs in a public right-of-way or on
City -owned property; or
(9) Placement of pedestrian boundary markers on City -owned property.
Special Event Permit means written authorization from the Assistant City Manager or
designee to hold a Special Event,
Special Event Permit Application includes the Preliminary Special Event Permit
Application and the Final Special Event Permit Application.
Special Event Rules and Regulations means the guidelines, rules, regulations, policies
and procedures developed and adopted administratively by the Assistant City Manager or
designee for the health, safety and welfare of citizens and Special Event attendees. Special
Event Rules and Regulations may include, but are not limited to the following: processes;
procedures; cost recovery for public safety, sanitation and transportation personnel; safety
regulations; resource requirements; and surety and insurance requirements.
See. 12.24.030 Permit Required
(a) It shall be unlawful for any Person 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, gender identity or gender expression, national
origin, or political affiliation of the Applicant and/or the participants of the
Special Event;
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(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 Special Event Permit is not required for:
(1) An event conducted entirely on the property of a religious institution, educational
institution, college or university campus. City streets or parking lots for multi -
tenant buildings, regardless of location, shall not be considered part of a religious
institution, educational institution, college or university campus;
(2) Property owned or controlled by the City subject to a contract, lease or
management/operating agreement with a private party 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 ordinary
traffic
laws or a
procession of pedestrians along or
upon public sidewalks, public
parks,
or private
property;
(5) Events held for National Night Out;
(6) First Amendment Activity conducted entirely on sidewalks, in public parks or on
private property; or
(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, if the event does not require the closing or rerouting of
a public street, the entity employs certified peace officers to provide security for,
the event, and the entity adopts and provides to the City, a written plan addressing
emergency services, crowd, traffic and parking control.
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A Special Event Permit shall not be issued until a completed Special Event Permit Application,
together with any additional information requested, and payments of all applicable fees are
received by the City. The Special Event Permit Application must comply with this ordinance, the
Special Event Rules and Regulations, and other applicable law.
See. 12.24.050 Permit Application Requirements
(a) Applicant shall file a Preliminary Special Event Permit Application and a final Special
Event Permit Application with the City upon forms provided by the City.
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(b) The Preliminary Special Event Permit Application shall set forth as a minimum the
following information:
(1) The name, address and telephone number of the Applicant and the name, address
and telephone number of Applicant's designated representative if Applicant is an
entity, association or organization.
(2) The name, address and telephone number of the Person conducting the Special
Event if different from the Applicant with a written statement from the Person
conducting the Special Event showing Applicant's authority to make the Special
Event Permit Application.
(3) The name, address and telephone number of the person who will be the event
representative and who will be responsible for conducting the Special Event.
(4) The proposed location(s) for the Special Event.
(5) The purpose of the Special Event.
(6) The date(s) and time(s) the Special Event will start and terminate
(7) The time at which on-site activities in preparation for the Special Event will
begin.
(c) The Final Special Event Permit Application shall set forth as a minimum the following
information, if applicable, in addition to the Preliminary Special Event Permit Application
information:
(8) The date when clean up of the property will be complete.
(9) The proposed parking areas and number of parking spaces provided.
(14) The approximate number of persons who are attending per day for the duration
of Special Event.
(11) The number and types of animals and vehicles that are part of the Special Event.
(12) The location and size of tents, awnings, canopies, food service booths, or other
temporary structures shall be shown on a map.
(13) Details for all signage shall be included.
(14)The location and orientation of loud speakers and any other amplification
devices shall be shown on a map.
(15) Details regarding food service including planned cooking.
(16) Details regarding whether alcohol will be sold or allowed.
(17) Details for planned amusement rides.
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(18) Details regarding any traffic control plan.
(19) Map(s) showing streets and pedestrian ways that are impacted as well as site
setup indicating all equipment that will be used by the Special Event.
(20) Proof of insurance for the Special Event.
(21) For Parades also include:
(a) A route map.
(b) Approximate number of participants and type of participants (ex. animals,
floats, etc.).
(c) Proof that all property owners adjacent to the Parade route have been
notified of the route, date and duration of the Parade.
(22) Any other information which the Assistant City Manager or designee find
necessary under the Standards for 'issuance of Special Event Permit set forth in
Section 12.24.090.
11i111MV"t
(a) The City Council authorizes the Assistant City Manager or designee to establish Special
Event Permit Fees.
(b) Applicant shall pay all required fees with the Special Event Permit Application. Applicant
shall also 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 (5) days of the date upon which the City
informs the Applicant of the amount of such additional costs.
(d) No Special Event Permit Fee shall be charged for a First Amendment Event. An Applicant
for a Special Event Permit shall pay fees for street closures to conduct specific activities in
conjunction with or as part of a First Amendment Event, but the amount of the fees shall not
be in excess of the City's cost to close the street(s) for traffic control.
Sec. 12.24.07€1 Timeframes and Deadlines
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(a) A Preliminary Special Event Permit Application shall be filed not more than 365 days, before
the commencement of the proposed Special Event.
(b) A Final Special Event Permit Application shall be filed no less than 30 days, nor more than
365 days, before the commencement of the proposed Special Event. The Assistant City
Manager or designee may consider a Final Special Event Application that is filed less than 30
days before the commencement of the proposed Special Event where good and compelling
cause is shown and applicable late fees are paid with the application.
(c) The City may issue a Special Event Permit for a First Amendment Event when the Final
Special Event Permit Application is filed less than 30 days before the commencement of the
First Amended Event provided there is adequate time for the City to process the Application
and to assure that there are adequate traffic measures in place for the orderly movement of
the First Amendment Event participants and traffic. The City and the Applicant shall
communicate with the police department and fire department prior to the First Amendment
Event.
(d) When a timeframe or deadline established in this Section resulted in an Application being
due on a weekend, holiday or a day the City is closed for business, the Application shall be
due on the business day immediately following said weekend, holiday or closed business
day.
Sec. 12.24.080 Application Process and Review
The Special Event Permit Application will be processed and reviewed pursuant to the Special
Events Rules and Regulations. The Assistant City Manager or designee may appoint an events
committee or an individual designee responsible for the application process.
Sec. 12.24.090 Standards for Issuance of Special Event Permit
A Special Event Permit will be issued only if the Assistant City Manager, or designee, finds that
the following standards for issuance of Special Event Permit are met:
(1) The Special Event will not unnecessarily interrupt the safe and orderly movement of
traffic near its location or route.
(2) The Special Event will not require the diversion of a number of police officers to
properly police the Special Event locale or line of movement and the adjacent areas as
to prevent adequate police protection for the City.
(3) The concentration of people, animals, and vehicles at assembly points will not unduly
interfere with proper fire and police protection or ambulance service to areas near such
assembly points or the City.
(4) A Parade is scheduled to -move from its point of origin to its point of termination
without unreasonable delays in route.
(5) Other licenses and
permits,
restrictions, regulations, fees for the
City services,
safeguards or other
conditions
deemed necessary by individual City,
departments for
Z
the safe and orderly conduct of a Special Event are requested, submitted, and approved
(i.e. health permit applications, agreement with police department for police coverage,
agreement with public works department regarding cost associated with street closure,
etc.).
Sec. 12.24.100 Denial or Revocation of a Permit
(a) The Assistant City Manager or designee 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.
(2) The Applicant fails to comply with, or .the Special Event will violate, the Special
Event Rules and Regulations, any City ordinance or any other applicable law.
(3) The Applicant makes or allows the making of a false or misleading statement or
omission of material fact on a Special Event Application.
(4) The Applicant has violated this ordinance or has had a Special Event Permit revoked
within the preceding twelve (12) months.
(5) The Applicant
fails
to provide
proof of a
license or permit required by any City
ordinance or by
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.
(7) The Special Event would severely hinder the delivery of normal or emergency public
services or constitutes a public threat.
(b) If the Assistant City Manager or designee determines that the Special Event Permit shall be
denied, the Assistant City Manager or designee shall consider alternatives to the time, place
or manner of the Special Event that would allow the Special Event to occur.
(c) A Special Event Permit shall be revoked_ upon the following conditions:
(1) If the police chief, fire chief, risk manager, building official or other City official, or
their designated representatives, find that any of the provisions of this ordinance,
another City ordinance, Special Event Rule or Regulation, or other applicable law is
being violated, they shall immediately notify the Assistant City Manager or designee
and based on that information, the Assistant City Manager or designee shall determine
whether the Special Event Permit shall be revoked.
(2) When, in the judgment of any of the above named City officials, a violation exists
which requires immediate abatement, the City official shall have authority to revoke a
Special Event Permit in the absence or unavailability of the Assistant City Manager or
designee.
(3) The Applicant made or allowed to be made a false or misleading statement or
omission of material fact on a Special Event Application that was not discovered until
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after the Special Event Permit was issued.
ZBEENUUMI
If the Assistant City Manager or designee denies the issuance of a Special Event Permit, or if the
City 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 or Permittee may appeal the denial or revocation to the City Manager who
shall promptly make a ruling on the appeal.
Sec. 12.24.120 Special Event Rules and Regulations
The City Council authorizes the Assistant City Manager or designee to develop and adopt
Special Event Rules and Regulations consistent with, and to further the purpose of, this
ordinance.
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