HomeMy WebLinkAboutORD 2003-75 - Parades & ProcessionsORDINANCE NO. Z 00 y3 �,K
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING CHAPTER 12.24 OF THE
GEORGETOWN MUNICIPAL CODE RELATING TO "PARADES
AND PROCESSIONS" MAKING COMPREHENSIVE REVISIONS
TO THAT CHAPTER; REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown Code of Ordinances currently limits
the permitting process for special events held on the streets of the City of
Georgetown to parades and processions; and
WHEREAS, the City Council recognizes many other types of special events
in addition to parades and processions that require the safety and control of the
permitting process; and
WHEREAS, the City Council finds that it is necessary for the unimpeded
response of emergency vehicles to plan the sites, routes, and parking associated
with special events; and
WHEREAS, the City Council of the City of Georgetown, Texas, finds that
the special events requirements found herein are proper and necessary for the safety
and protection of its citizens and the property of the citizens of Georgetown.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF GEORGETOWN, TEXAS THAT:
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 implements the following Century Plan Elements:
4.0 The City provides for the safety of its citizens and supports the responsive
delivery of coordinated services by the City and other public agencies.
11.0 All citizens actively participate in community -wide social, cultural, and
recreational activates.
11.5 Georgetown has an on-going process for recreational needs assessment
and program evaluation.
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The City Council further finds that the enactment of this ordinance is not inconsistent or
in conflict with any other Century Plan Policies, as required by section 2.03 of the
Administrative Chapter of the Policy Plan.
SECTION 2. The existing Chapter 12.24 of the Code of Ordinances of the City of
Georgetown is hereby repealed in its entirety.
SECTION 3. There hereby adopted a new Chapter 12.24 "Events and Celebrations" of
the City Code of the City of Georgetown, Texas, which new Chapter 12.24 is attached
hereto as Exhibit "A," and which exhibit is incorporated herein by reference as if set forth
in full.
SECTION 4. 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 5. 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 6. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force in
accordance with the provisions of the Charter of the City of Georgetown,
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PASSED AND APPROVED on First Reading on the day of , 2003.
PASSED AND APPROVED on Second Reading on the 21 day of October, 2003.
ATTEST:
ty Secretary
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APP/ROVED AS TO FORM:
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Patricia E. Carls
City Attorney
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THE CITY OF GEORGETOWN:
Mayor
EXHIBIT A
Chapter 12.24. Events and Celebrations
Sec. 12.24.010. Definitions.
A. "Applicant" means a person who has filed a written application for an event permit.
B. "Charitable Event" means an event that is either sponsored by a certified charitable
organization or an event in which all proceeds go to a certified charitable organization.
C. "Community Event" means an event that has been designated by the Georgetown City
Council as being designed for, and enjoyed by, the entire community. Events that have
been designated as "Community Events" are The Red Poppy Festival, The Sertoma
Fourth of July Celebration, The Christmas Stroll, The Williamson County Sheriffs Posse
Rodeo Parade, The Old Time Fiddlin' Fair and the Air Show.
D. "Demonstrative Event" means an event in which a sentiment, statement, opinion or
thought process is put forward to the public. Activities include, but are not limited to
Protests, Rallies, Marches, Pickets, and Sit-ins.
E. "Event" means a temporary event or gathering, including, but not limited to film crews,
parades, street dances, races, rallies, concerts, flea markets, public entertainment,
festivals, celebrations, carnivals, circuses, walk-a-thons, or marathons, and using either
private or public property or both.
F. "Event permit" means written authorization from the City Manager to hold an event.
F. "Neighborhood Event" means an event exclusively designed for and attended by
residents of a specific neighborhood. These events include, but are not limited to, block
parties and neighborhood ice cream socials.
G. "Other Event" means a temporary event or gathering other than those events described
above.
H. "Promotional Events" means an event for the sole purpose of promoting a specific
product or service. This type of event includes, but is not limited to Grand Openings,
Open Houses, and Press Conferences.
"Seasonal Event" means an event that occurs in a specific season and is scheduled
throughout the season on non -sequential days, using a single event permit. Seasonal
Events include, but are not limited to, The Farmer's Market, and Second Saturday Market
Days.
Sec. 12.24.020. Permit required.
A. No person shall engage in, participate in, form, or start any of the activities described in
Section 12.24.010 (B), unless an event permit has first been signed by the City Manager,
B. When determining whether a permit is required, consideration will be given to whether the
following conditions exist:
1. Closing a public street, sidewalk or alleyway;
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2. Blocking or restricting public property;
3. Blocking or restricting access to private property of others;
4. Use of pyrotechnics or special effects;
5. Use of open flame, explosions or other potentially dangerous displays or actions;
6. Use or display of animals, aircraft or watercraft;
7. Sale of merchandise, food, or beverages on public property, or on private property
where otherwise prohibited by ordinance;
8. Installation of a stage, bandshell, truck, trailer, van, portable building, booth,
grandstand or bleachers on public property or private property where otherwise
prohibited by ordinance;
9. Placement of portable toilets on public property or on private property where otherwise
prohibited by ordinance;
10. Placement of no -parking signs or barricades in a public right-of-way;
11. Alcohol beverage availability; and
12. Amplification of music or voices.
13. Any non -routine use of the downtown area, including the downtown square and
the immediate surrounding area.
Sec. 12.24.030. Exceptions.
This Section shall not apply to:
A. Funeral processions, which are addressed in Section 12.24.150;
B. House moving and construction activities;
C. A governmental agency acting within the scope of its functions;
D. Students traveling to and from classes or participating in educational activities; provided
such conduct is under the immediate direction and supervision of the proper school authorities;
and
E. Property leased on a permanent or temporary basis by the City to individuals.
Sec. 12.24.031 - Prohibited activity.
The following activities and actions shall be prohibited in the City of Georgetown:
A. The landing of an aircraft, either fixed wing or rotor wing, in the area of an event or
any place where there is a gathering of people in the vicinity of the landing site,
unless approved events at Georgetown Airport.
B. The act of a person or persons in any way blocking, obstructing, or unduly hindering
passage on public streets within the City limits to promote an event, including but not
limited to passing out handbills or flyers. However, such activities are authorized if
they are allowed by the permit issued under Sec. 12.24.090,
C. Any such activities not specifically approved as part of the permit are prohibited.
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Sec. 12.24.032 - Membership of the Events Committee.
The following City of Georgetown Staff members shall serve as permanent members of the
Events Committee:
A. The Fire Marshal of the City of Georgetown or his/her designee (chair);
B. The Staff Assistant of the Fire Department or his/her designee (facilitator);
C. The Assistant Police Chief, or his/her designee;
D. The Streets Superintendent, or his/her designee; and
E. The Parks Superintendent, or his/her designee.
Sec. 12.24.035 - Waiver of fees.
All fees shall be waived for the following events:
A. Charitable Events
B. Community Events
C. Neighborhood Events
D. Demonstrative Events
Sec. 12.24.040. Submission of application for event permit --Fees.
A person seeking issuance of a event permit shall submit an application for event permit with the
City at the Fire Services Division. Each application must be accompanied by a nonrefundable fee
of $100.00. This application fee shall be waived for non-profit organizations.
Sec. 12.24.050. Application for event permit --Time limit.
An application for event permit shall be filed no less than 44 30 days, nor more than 120 days,
before the date on which the proposed event shall occur. An additional $100.00 fee shall be
assessed to individuals/organizations who apply for an event permit less than 30 days prior to the
proposed event, in addition to the application fee. The additional fee may be waived at the
discretion of the City Manager, or his designee, on a case-by-case basis.
Sec. 12.24.060. Contents of application for event permit.
An application for event permit shall set forth the following information:
A. The name, address and telephone number of the person seeking to conduct such event,
and who will be responsible for its conduct;
B. If the event is proposed to be conducted for, on behalf of, or by an organization, the names,
addresses, and telephone numbers of the headquarters of the organization and of the authorized
and responsible heads of such organization;
C. The date and times when the event is to be conducted and the location of the event or the
route of the event, including starting point and termination point;
D. A sketch or map of the area, or route to be used during the event, along with proposed
structures, tents, fences, barricades, signs, barriers and restroom facilities;
E. The name and location of any streets, alleys, or sidewalks to be blocked or closed;
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F. The approximate number of participants and whether or not there will be any animals used
anywhere during the event;
G. Details of the sale of merchandise or the sale or service of food or beverages at the event,
designating the vendors involved; and
H. Any additional information which the City finds reasonably necessary to make a
determination as to whether a permit should be issued.
I. If an application for an event permit includes a request for authorization under Section
9.08.010 of this Code to discharge BB guns, pellet guns, paint ball guns, air guns, spear guns,
wrist rockets and/or slingshots, or to engage in archery (including but not limited to use of long
bows, compound bows, and crossbows) the following information shall be submitted with the
application:
1. Proof of insurance coverage in an amount to be determined by the Events
Committee and including any special coverage required by the City Manager or his
designee.
2. Written description of all safety procedures and equipment that will be in effect or
in place during the activities.
3. Proof that all instructors have successfully completed a safety and training
program acceptable to the City of Georgetown from a qualified instructor.
4. A statement of the adult/child ratio at the activity.
5. Any other requirements deemed necessary due to existing or reasonably
foreseeable circumstances.
J. If authorization to place temporary signs is sought, the applicant shall include information
detailing the sign size, location(s), duration, and construction material, as well as a copy of the
authorization from the Texas Department of Transportation to place the sign in the right-of-way.
The information will be reviewed by the Events Committee in accordance with the standards set
forth in this chapter pertaining to Events Signs.
K. If authorization is sought for a person or persons to distribute handbills or placards, to wear
"sandwich board" signs, and/or to act as a street hawker, the applicant shall include the specific
descriptions, locations and times that such activities will occur. If approved, the City may impose
any special conditions that it believes is necessary for such activities (e.g, use of reflective vests,
flashlights, additional insurance, etc.).
Sec. 12.24.065. Temporary signs for events.
A. The Events Committee may authorize the temporary placement and maintenance of a sign
in the public right-of-way for events.
B. in case of conflict with the City's sign regulations at Chapter 12.10 of the Code of
Ordinances, this Chapter shall control for events.
Sec. 12.24.066. Temporary event sign requirements and restrictions.
A. Sign placement -- A sign approved for placement under this section shall not:
1. Exceed 16 square feet if placed on the roadside to inform the traveling public;
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2. Exceed four square feet if used to guide participants in a bicycle or pedestrian
event;
3. Extend more than three feet past the pavement edge if the sign is a banner; or
4. Imitate or resemble any official traffic sign, signal, or device.
B. Sign material -- A sign approved for placement under this section shall be constructed of
heavy cardboard, plastic, fabric mesh, or plywood no thicker than 1/4 inch. The sign supports
shall be approved by the Events Committee.
C. Sign location -- A sign approved for placement under this section shall be placed as far from
the edge of the pavement as possible, and shall not be placed:
1. In a location where it may prevent the driver of a vehicle from having a clear and
unobstructed view of official signs and approaching or merging traffic;
2. On any roadway appurtenance, including, but not limited to, bridges, traffic control
devices, official signs, sign supports, light standards, poles and delineators;
3. On any tree or other natural feature less than 18 1/2 feet above the pavement if the
sign is a banner placed over the pavement; or
4. Closer to the pavement edge than official highway signs, except for those events
used to guide participants in a bicycle or pedestrian event, which shall be placed no less
than one foot from the edge of the pavement.
5. An event sign location will be allocated on a first-come first-served basis. A sign
approved for placement under this section for an event shall not be placed more than 24
hours before the event. A banner sign may be installed no more than 30 days before the event.
D. Text of the sign -- A sign approved for placement for an event under this section should not
contain commercial advertising but may identify the event's sponsor by name and the sponsor's
trademark. The name of the event's sponsor and the sponsor's trademark should be displayed
less conspicuously than the activity.
E. Lighting -- A sign approved for placement under this section shall not display lighting.
F. Banner supports -- A banner not placed on existing utility poles shall be placed on supports
which comply with the safety standards of the Texas Manual on Uniform Traffic Control Devices
and the barricade and construction standard sheets and must be approved by the Events
Committee before installation.
G. Sign removal -- All event signs shall be removed by the event sponsor within 24 hours of the
completion of the event. Banners should be removed within seven days of the completion of the
event. An event sign not removed in compliance with this sub -section is subject to removal by
City code enforcement and the event sponsor shall be liable for removal and disposal costs. If a
sign becomes a hazard due to inclement weather, inadequate maintenance, accidental damage,
or other cause, the City code enforcement will remove the sign immediately and the event
sponsor shall be liable for the removal and disposal costs.
H. Maintenance -- The sign shall be maintained by the event sponsor in compliance with all the
requirements of the application. Signs not maintained in accordance with the application may be
removed by the City code enforcement and the event sponsor shall be liable for removal and
disposal costs.
Sec. 12.24.067. Approval of events signs.
The Events Committee may approve the sign application by signing and returning to the applicant
a copy of the event application. The Events Committee may request any additional information
necessary to make a determination.
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Sec. 12.24.070. Application for permit process.
Upon completion of required forms, the applicant must submit all information for processing of the
application.
A. Upon receipt of the completed application, the application shall be forwarded to the Events
Committee. The Events Committee shall review the application and return all comments to the
City Manager within ten working days.
B. The applicant shall submit evidence that sufficient parking will be provided for the event to
accommodate the projected number of persons attending the event with a ten percent surplus. If
parking is to be provided on private property adjacent to the event, the applicant shall submit
written evidence that the applicant has a right of possession of the property through ownership,
lease, license or other permission. If the property is not an established parking area, the applicant
shall submit a form describing how parking on the property shall be achieved and arranged,
including a designation of the numbers of parking spaces to be provided on the property.
C. The applicant for an event permit shall also provide copies of all agreements or other
arrangements regarding the provision of Police, Fire and other emergency services, barricades
and traffic control, and litter collection and trash removal.
D. If the applicant intends to use City services to provide any of the services described in
subsection C of this section, the City shall submit to the applicant an estimate of the cost of each
service. Any significant change in the nature and/or scope of the event may result in additional
charges for City services. The applicant shall pay to the City a deposit of 50 percent no less than
five days prior to the event and sign an agreement consenting to pay the balance due within ten
days after the event upon final accounting of the costs due.
E. The applicant for an event permit shall provide proof of general liability insurance coverage
for the event. Such insurance shall be in amounts prescribed by the Risk Manager or designee as
is dictated by ordinance. Such insurance shall name the City as an insured party.
F. The Events Committee shall designate the licenses and permits required by other City
ordinances or applicable law, restrictions, regulations, costs for City services, safeguards, and
other conditions necessary for the safe and orderly conduct of an event, to be incorporated into
the event permit before issuance.
G. After the Events Committee review the application and make their comments, the
application shall be reviewed by the City Manager for issuance of an event permit, unless denied
in accordance with Section 12.24.120. An event permit may be issued for a period not to exceed
seven consecutive days for an event to occur. A separate permit is required for each seven-day
period during which an event will be conducted with the exception of seasonal events.
Sec. 12.24.080. Application for permit --Issuance.
After consideration of the application and such other information as may otherwise be required,
the City Manager shall issue an event permit, upon finding that:
A. The event will not substantially interrupt the safe and orderly movement of other traffic, both
vehicular and pedestrian;
B. The event will not require the diversion of so great a number of police officers as to prevent
normal police protection for the City;
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C. The event will not interfere with the movement of firefighting equipment to a fire;
D. The event is not reasonably likely to cause injury to persons or property, to provoke
disorderly conduct, or create a disturbance;
E. The event is not to be held for the sole purpose of advertising any product or goods;
F. The applicant has provided such general liability insurance coverage as may be required by
the City Manager and in the amounts as prescribed by the City Manager. Such insurance shall
name the City as an insured party; and
G. The applicant has complied with any other special conditions imposed by the City or other
authorized official, for the issuance of an event permit.
H. The applicant has complied with all the requirements of Sec. 12.24.060(1), if the event
includes the discharge of BB guns, pellet guns, paint ball guns, or engaging in archery (including,
but not limited to, use of long bows, compound bows, and crossbows), and the Events Committee
has designated a specific area where the activities are allowed to occur, and established any
other limitations and restrictions on the activities that the Committee believes is reasonable.
Sec. 12.24.090. City Council modification to permit.
Each event permit shall state the following information, pursuant to the application, as may have
been modified by the City Council:
A. Dates and times covered by the permit;
B. Routes to be traversed, or location and streets to be blocked;
C. Any special conditions imposed by the City Council; and
D. Approximate number of participants.
Sec. 12.24.100. Permit to be carried, exhibited.
The event chairman or other person heading or leading such activity shall be present at the event
at all times and shall carry the event permit upon his person during the duration of the event and
present it on demand to any City official.
Sec. 12.24.110. Compliance required.
It is unlawful for any person participating in any event, for which a permit has been issued in
accordance with this chapter, to fail to comply with all directions and conditions of such permit
and all applicable laws and ordinances.
Sec. 12.24.120. Denial of permit.
An application for an event permit shall be denied if:
A. An event permit has been previously granted for another event at the same place and time;
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B. The time, place or manner of the proposed event or demonstration will unreasonably disrupt
the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic
needs is available;
C. The applicant fails
to comply with,
or the proposed event will violate this chapter, another
City ordinance, or other
applicable law,
unless the prohibited
conduct or activity would be allowed
under this chapter, or the
applicant has
failed to comply with
the terms of a previous event permit;
D. The applicant makes a false statement of material fact on an application for an event permit;
E. The applicant fails to provide proof that applicant possesses or is able to obtain a license or
permit required by City ordinance or other applicable law for the conduct of all activities included
as part of the event;
F. The time, place, manner or nature of the proposed event poses a threat to the health or well-
being of the public; or
G. The applicant fails to pay any outstanding costs owed to the City for a past event.
Sec. 12.24.130. Revocation of permit.
A City official shall revoke a event permit if:
A. The
applicant fails to comply with or conducts the
event
in violation of a condition or
provision
of the event permit, an ordinance of the City,
or any
other applicable law; or
B. The permit holder made a false statement of material fact on an application for event permit.
Sec. 12.24.140. Appeal from denial or revocation of an event permit.
If a City official denies the issuance of an event permit or revokes an event permit, the applicant
shall promptly be notified by phone, certified mail, return receipt requested, written notice of the
denial, or revocation and has the right to an appeal. The applicant or permit holder may appeal
the decision of the City officials to the City Manager, who shall promptly make a ruling on the
appeal.
Sec. 12.24.150. Identification of funeral processions.
A funeral composed of a procession of vehicles shall be identified as such by lighted headlights
or by the display upon the outside of each vehicle of a pennant of a type designated by the Police
Department.
Sec. 12.24.160. Glass bottles and containers prohibited.
No person shall possess or use a glass bottle or glass container in the general vicinity of an
event. This provision shall not include glass or ceramic craft items displayed for sale as a part of
an event.
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