Loading...
HomeMy WebLinkAboutORD 97-34 - Special Events PermitsAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 12.24 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS, RELATING TO PARADES AND PROCESSIONS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Georgetown Municipal Code currently limits the permitting process for special events held on the streets 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 recognizes the right of Georgetown merchants to the availability of unimpeded commerce; 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 finds that the special events requirements found herein are proper and necessary for the safety and protection of the 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 references herein and expressly made a part hereof, as if copied verbatim. The City Council finds that this ordinance implements the Economic Development Policy of the Century Plan - Policy Plan Element, which states: "The City will encourage diversified growth and promote business opportunities to create jobs, broaden the tax base and minimize the impact of economic fluctuations," and further finds that the enactment of this ordinance is not inconsistent or in conflict with other Century Plan policies, as required by Section 2.03 of the Administrative Chapter of the policy plan. SECTION 2. Chapter 12.24 of the Georgetown Municipal Code of the City of Georgetown, Texas is hereby amended to read as follows: "92.24.090 Definitions. A. "Applicant" means a person who has filed a written application for a special event permit. B. "Special Event" means a temporary event or gathering, including, but not limited to film crews, parades, street dances, block parties, races, rallies, concerts, flea markets, public entertainment, festivals, celebrations, carnivals, circuses, walk -a -thous, or marathons, and using either private or public property or both. C. "Special Event Permit" means written authorization from the City Manager to hold a Special Event. "12.24.020 - Permit Required. No person shall engage in, participate in, form, or start any of the activities described in section 12.24.010, subsection B., unless a Special Event Permit has first been signed by the City Manager. 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; (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. "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. SPECIAL EVENTS ORDINANCE - PAGE 2 OF i ORDINANCE NO. <► "92.24.040 - Submission of Application for Special Event Permit; Fees. A person seeking issuance of a Special Event Permit shall submit an Application for Special Event Permit with the City at the Fire Services Division. Each application must be accompanied by a non-refundable fee of $100.00. This application fee shall be waived for non-profit organizations. "12.24.050 - Application for Special Event Permit; Time Limit. An Application for Special Event Permit shall be tiled no less than fourteen (14) days, nor more than sixty (60) days, before the date on which the proposed Special Event shall occur. An additional $100.00 fee shall be assessed to individuaislorganizations who apply for a Special Event Permit less than fourteen (14) days prior to the proposed Special Event, in addition to the application fee. The additional fee may be waived for non-profit organizations at the discretion of the City Manager, or his designee, on a case-by-case basis. "12.24.060 - Contents of Application for Special Event Permit. An Application for Special Event Permit shall set forth the following information: A. The name, address, and telephone number of the person seeking to conduct such Special Event, and who will be responsible for its conduct; B. If the Special 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 Special 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 Special 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; F. The approximate number of participants and whether or not there will be any animals used anywhere during the Special Event; G. Details of the sale of merchandise or the sale or service of food or beverages at the Special 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. "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 appropriate divisions of the City. Each division shall review the application and return all comments to the City Manager within ten (10) working days. SPECIAL EVENTS ORDINANCE - PAGE 3 OF 7 ORDINANCE No. o. B. The Applicant shall submit evidence that sufficient parking will be provided for the Special Event to accommodate the projected number of persons attending the Special Event with a ten percent (10%) surplus. If parking is to be provided on private property adjacent to the Special 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 a Special 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), above, the City shall submit to the Applicant an estimate of the cost of each service. Any significant change in the nature andlor scope of the event may result in additional charges for City services. The Applicant shall pay to the City a deposit of fifty percent (509/6) no less than five (5) days prior to the Special Event and sign an agreement consenting to pay the balance due within ten (10) days after the Special Event upon final accounting of the costs due. E. The Applicant for a Special 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 City divisions 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 a Special Event, to be incorporated into the Special Event Permit before issuance. G. After the City divisions review the application and make their comments, the application shall be reviewed by the City Manager for issuance of a Special Event Permit, unless denied in accordance with Subsection 12.24.120. A Special Event Permit may be issued for a period not to exceed seven (7) consecutive days for an event to occur. A separate permit is required for each 7 -day period during which a Special Event will be conducted with the exception of weekly/monthly scheduled events. "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 a Special Event Permit, upon finding that: A. The Special Event will not substantially interrupt the safe and orderly movement of other traffic, both vehicular and pedestrian; B. The Special Event will not require the diversion of so great a number of police officers as to prevent normal police protection for the City; C. The Special Event will not interfere with the movement of firefighting equipment to a fire; D. The Special Event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or create a disturbance; SPECIAL EVENTS ORDINANCE - PAGE 4 OF 7 ORDINANCE NO. E. The Special 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 a Special Event Permit. "12.24.090 - City Council Modification to Permit. Each Special 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. "12.24.100 - Permit to be Carried, Exhibited. The Special Event chairman or other person heading or leading such activity shall be present at the Special Event at all times and shag carry the Special Event Permit upon his person during the duration of the event and present it on demand to any City official. 12.24.110 - Compliance Required. It is unlawful for any person participating in any Special Event, for which a permit has been issued in accordance with this chapter, to fail to comply with all directions and conditions of said permit and all applicable laws and ordinances. "12.24.120 - Denial of Permit. An application for a Special Event Permit shall be denied if: A. A Special Event Permit has been previously granted for another Special Event at the same place and time; B. The time, place, or manner of the proposed Special 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 Special 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 Special Event Permit, D. The Applicant makes a false statement of material fact on an application for a Special 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 Special Event; F. The time, place, manner, or nature of the proposed Special Event poses a threat to the health or well-being of the public, or SPECIAL EVENIS ORDINANCE - PAGE S OF i ORDINANCE NO. e. G. The Applicant fails to pay any outstanding costs owed to the City for a past Special Event. "92.24.130 - Revocation of Permit. A City Official shall revoke a Special Event Permit if: A. The Applicant fails to comply with or conducts the Special Event in violation of a condition or provision of the Special 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 Special Event Permit. "12.24.140 - Anneal from Denial or Revocation of a Special Event Permit. If a City Official denies the issuance of a Special Event Permit or revokes a Special 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. 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. '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 a Special Event. This provision shall not include glass or ceramic craft items displayed for sale as a part of a Special Event." 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 become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. OmNANcE No. PASSED AND APPROVED on First Reading on the day of , 9997. PASSED AND APPROVED on Second Reading on the day of, 1997. � / L12L ATTEST: THE CITY OF GEORGETOWN: ndra Lee, City Marianne Landers Banks City Attorney Z:IORDINANC\SPEV NT.ORD SPECIAL EVENTS ORDINANCE - PAC- % OF 7 ORDINANCE NO. ,.,. s Leo Wood, Mayor