G-11-07-14-10C2 - 7/14/2011ORDINANCE NO. G-i(-ot—I4-1i-2---.
AN ORDINANCE AMENDING CHAPTER 34, ARTICLE I1, CODE OF ORDINANCES
(2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING SPECIAL EVENTS;
AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That Chapter 34, Article II, Special Events, Code of Ordinances (2010 Edition),
City of Round Rock, Texas, is hereby replaced in its entirety and shall read as follows:
Sec. 34-19. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Applicant means a person who has filed a written application for a special event permit.
Permittee means the person to whom a special event permit is granted pursuant to this article.
Special event means a planned temporary aggregation of people or attractions for a common purpose,
including but not limited to street fairs, arts and crafts shows, carnivals, circuses, rallies, public
entertainments, or other similar events or attractions, that:
(1) Are conducted primarily outdoors; and
(2) Interfere with the normal flow or regulation of pedestrian or vehicular traffic; or
(3) Require special city services, including but not limited to street closure, provisions of
barricades, special parking arrangements, special electrical services or special police
services.
Special event permit means the written approval from the city manager for a special event.
Sec. 34-20. - Permit required.
It shall be unlawful for any person to conduct a special event without first having obtained a special event
permit from the city manager.
Sec. 34-21. - Application for permit; fee.
(a) A person seeking a special event permit shall file an application with the city manager upon forms
provided by the city, which shall be accompanied with an application fee as currently established
or as hereafter adopted by resolution of the city council from time to time. In appropriate
circumstances, the city manager shall have the authority to lower or waive the fee.
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(b) The city manager shall ensure that other licenses and permits, restrictions, regulations, fees for the
city services, safeguards or other conditions deemed necessary by individual city departments for
the safe and orderly conduct of a special event be requested, submitted and approved before the
special event permit is granted, e.g., health permit applications; agreement with the police
department for police coverage; agreement with the public works department regarding costs
associated with street closures; agreement with the parks and recreation department for the use of
any park facilities.
Sec. 34-22. - Filing period.
(a) Applications for a special event permit shall be filed not less than 45 days before the special
event is to begin.
(b) Late applications, where good cause is shown and subject to the standards promulgated in
section 34-24, may be considered when filed after the deadline prescribed in subsection (a) of
this section.
Sec. 34-23. - Contents of application.
The application for a special event permit shall set forth as a minimum the following information:
(1) The name, address, telephone number, and email address of the person seeking to
conduct the special event;
(2) If the special event is to be held for or by an organization, the name, address and
telephone number of the headquarters of the organization and name, address, telephone
number, and email address of the authorized representatives of such organization;
(3) If the special event is to be held by or for any person other than the applicant, the
applicant shall file a written statement from that other person showing authority to make
the application;
(4) The name, address, telephone number, and email address of the person who will be the
special event chairman and who will be responsible for its conduct;
(5) The proposed location of parking areas and the number of spaces provided for the
special event;
(6) The approximate number of people who will be attending, the approximate number of
people attending at peak times, including event staff and performers, if any, and, if
applicable, the number and types of animals and vehicles which will constitute such
special event;
(7) The location, size and number of stages, seating, tents, awnings, canopies, food service
booths, first aid stations, portable restrooms or other temporary structures shall be
shown;
(8) If food or beverages will be served or sold, include copies of any licenses or permits
issued by the appropriate agencies for such vendors;
(9) The number, size, material and location of any planned signage shall be included;
(10) When loudspeakers will be used, the location and orientation of those speakers shall be
shown;
(11) The dates and times the special event will start and terminate;
(12) The time at which on-site activities in preparation for the special event will begin;
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(13) The proposed location of entrances and exits and a plan of evacuation in case of
emergency;
(14) If any portion of the special event is to be held on private property, including parking,
written permission for the holding of the special event or parking from the owner of the
property or his authorized representative;
(15) Copies of permits and agreements with all county officials or state agencies shall be
included with the application for a special event permit;
(16) If required as set forth in section 34-41, a copy of a certificate of insurance that complies
with the requirements set forth in such section;
(17) If required as set forth in section 34-43, a copy of the surety bond that complies with the
requirements set forth in such section; and
(18) Any other information which the city manager shall find necessary under the standards
for issuance.
Sec. 34-24. - Standards for issuance.
A special event permit will be issued if, upon review, the city manager finds that the applicant has secured
the police services, if any, required under section 34-44 and that the special event will be conducted in
such a way that:
(1) It will not substantially interrupt the safe and orderly movement of traffic near its location
or route;
(2) It will not require the diversion of so great a number of police officers to properly police
the special event location or line of movement and the adjacent areas as to unduly
interfere with the normal protection for the city;
(3) It will not require the diversion of so great a number of fire protection or emergency
medical services (EMS) personnel so as to unduly interfere with the provision of these
services to portions of the city other than that to be occupied by the special event and
adjacent areas;
(4) It will not unduly interfere with the efficient response movement of firefighting equipment
and services en route to a fire;
(5) The concentration of people, animals, and vehicles at assembly points and during the
event will not unduly interfere with proper fire, EMS, and police services to areas near
such special event;
(6) It is not likely to cause injury to persons or property;
(7) There will be adequate sanitation and other required health facilities made available in or
adjacent to any public assembly areas; and
(8) There are sufficient parking places on the site of the special event to accommodate the
number of vehicles reasonably expected to be parked in accordance with section 34-29
or the applicant has made adequate arrangements for off-site parking and transfer of
attendees;
and all applicable fees have been paid.
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Sec. 34-25. - Denial or revocation.
(a) The city manager may deny a special event permit if:
(1) The special event will conflict in time and location with another special event, parade or
assembly for which a permit has already been granted;
(2) The applicant fails to comply with or the special event will violate an ordinance of the city
or any other applicable law;
(3)
The applicant makes or permits the making of a false or misleading statement or
omission of material fact on an application for a special event;
(4) The applicant has been convicted of violating this article, has had a special event permit
revoked within the preceding 12 months, or has failed to pay any additional costs
assessed by the city for a previous special event within the previous two years;
(5)
The applicant fails to provide proof of a license or permit required by this article or
another city ordinance or by state law;
(6) The special event, in the opinion of one or more city departmental directors, would unduly
hinder or compromise the delivery or performance of normal services, including
previously scheduled construction or maintenance services, or emergency services, or
constitutes a public threat;
(7)
The applicant is unable or unwilling to provide any required insurance or surety bonds
that may be required under this article;
(8) The applicant is unable or unwilling to pay any additional costs as may be required by the
city manager;
(9)
The applicant fails to submit a complete application or fails to provide any additional
information requested by the city manager; or
(10) The proposed date or time for the special event or the location of the special event or
parking for such special event would unduly interfere or disrupt the educational activities
of a school when such school is in session.
(b) A special event permit shall be revoked upon the following conditions:
(1) In the event that the police chief, fire chief, director of utilities, other city officials or their
designated representatives find that any of the provisions of this section, another city
ordinance, or state law is being violated, they shall immediately notify the city manager,
and the special event permit issued hereunder shall be revoked;
(2) When, in the judgment of the above named officials, a violation exists which requires
immediate abatement, they shall have authority to revoke a special event permit in the
absence or unavailability of the city manager; or
(3)
The applicant made or permitted to be made a false or misleading statement or omission
of material fact on an application for a special event permit.
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Sec. 34-26. - Notice of denial; appeals.
The city manager shall act upon a complete application for a special event permit within fifteen (15) days
after the filing thereof. If the city manager does not approve the application, he shall mail to applicant a
notice of this action stating the reasons for the denial of the application. Any person aggrieved shall have
the right to appeal the denial to the city council by filing a notice of appeal with the city secretary within
five (5) days after receipt of the notice of denial. The city council shall hear the appeal as soon as
practicable and its decision shall be final.
Sec. 34-27. - Permit to be Maintained on Premises.
The special event permit shall be maintained at all times on the premises, and shall be made available to
any police officer or other authorized city employee or representative.
Sec. 34-28. - Notice to abutting property owners.
The city manager shall have authority to require that permittee send notices of the special event to
abutting property owners when, in the city manager's judgment, the special event is of a scope and nature
that will impact those owners.
Sec. 34-29. - Applicant parking requirements.
(a) An applicant shall submit evidence that sufficient parking will be available to accommodate the
projected number of users with a ten percent surplus. The number of spaces deemed sufficient will
be determined by the nature of the event, number and age of people attending, including event
staff, participants and performers during peak times. If said parking is to be on private property
adjacent to the special event, written evidence that the applicant has a right of possession of said
property through ownership, lease, license, or other property interest must be provided. When the
location is not an established parking area, a plan shall be submitted which will show how the
needed parking will be achieved and arranged. The number of parking spaces and layout of parking
area, including aisle widths, size of parking spaces and whether parking attendants will be provided,
shall be included in the submittal.
(b) When adequate parking is not available at or immediately adjacent to the site of the special event,
off-site parking may be used. Plans shall be submitted which will show how off-site parking and
transfer of attendees will be accomplished.
Sec. 34-30. - City authority over parking.
The city shall have the authority, when reasonably necessary as determined by the police department, to
prohibit or restrict the parking of vehicles along a street or highway or part thereof adjacent to the site of
the special event. The city shall post signs to such effect, and it shall be unlawful for any person to park or
leave unattended any vehicle in violation thereof.
Sec. 34-31. - Amusement rides.
Rides and/or attractions associated with special events shall conform to the statutory rules and
regulations set forth in V.T.C.A., Occupations Code ch. 2151, designated the Amusement Ride Safety
Inspection and Insurance Act.
Sec. 34-32. - Hours of operation.
A special event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily. The police
department shall be responsible for enforcing this provision. The city manager may waive the time limit on
certain special events when good cause is demonstrated by the applicant. Appeals of time limit
restrictions may be made under section 34-26.
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Sec. 34-33. - Tents and temporary structures.
Any special event which includes the use of a stage, seating, tent, canopy, or other temporary structure
shall meet the requirements of the city's fire code and building code except that a separate permit is not
required when a special event permit has been obtained. Fire lanes for emergency equipment must be
provided and the site prepared in a manner so as not to be a fire hazard as determined by the fire chief.
Sec. 34-34. - Food and beverage service.
Where food or beverage service is provided or sold, said operation shall be in compliance with all
provisions of the food and food establishment ordinances of the city, as well as all other applicable state
and local laws.
Sec. 34-35. - Sanitary facilities.
Portable type sanitary facilities must be provided on the premises as determined to be necessary by the
city manager.
Sec. 34-36. - Animal waste.
Waste from animals used in any such special event shall be removed daily from the grounds. Should
animals be kept within the city limits at night, they shall be kept not less than 300 feet from any developed
residential or commercial districts.
Sec. 34-37. - Water usage and disposal of wastewater.
(a) Any special event or related activity desiring use of water from the city water system must
coordinate with the utilities department to obtain a temporary meter. Deposit for the meter and
payment for water used shall be in accordance with ordinances of the city.
(b) An applicant shall submit a plan for the disposal of wastewater and the plan shall be approved by
the utilities department.
Sec. 34-38. - Waste collection and solid waste dumpster.
An applicant shall make appropriate arrangements for the collection of all waste resulting from such
special event, and commercial solid waste dumpsters must be provided on site at all outdoor special
events. An applicant shall make arrangements for the provision of such dumpsters with a commercial
solid waste disposal company currently having a franchise agreement with the city.
Sec. 34-39. - Loudspeakers.
During the special event, the permit holder shall comply with all applicable noise regulations of the City as
set forth in Chapter 14, Article VIII of this Code.
Sec. 34-40. - Signage.
Signage used in accordance with the special event shall comply with the sign regulations of the city under
the provisions for Promotional Sign pursuant to Sec. 30-6. Signs advertising the special event or directing
potential customers to the special event site are expressly prohibited in the city rights-of-way. (See
section 30-8.)
Sec. 34-41. - Liability insurance.
(a) When a special event is partially or fully contained on the city rights-of-way, the applicant for a
special event permit shall furnish the city manager with a certificate of insurance complying with
standards established by the city's risk manager.
(b) The city manager shall have the right to lower, waive, or increase the public liability insurance
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limits based upon the type of special event, equipment, machinery, location, number of people or
animals involved and other pertinent factors or risks associated with the special event.
(c) An applicant shall have the right to show cause why the insurance requirement should be
reduced or waived, and to present such request to the city manager. Upon receipt of such
request, the city manager shall consult with the city's risk manager or his designee. The city
manager shall respond to an applicant's request for lower insurance or waiver within five days
from date of request.
(d) If a mutually agreeable insurance limit cannot be agreed upon, the application shall be
considered denied.
Sec. 34-42. - Indemnification.
When a special event or parking attendant to such special event is partially or fully contained on city
property, an applicant shall sign an agreement to indemnify and hold harmless the city, its officers,
employees, agents, and representatives against all claims of liability and causes of action resulting from
injury or damage to persons or property arising out of the special event.
Sec. 34-43. - Surety bond.
(a) When a special event is partially or fully contained on city property, a surety bond shall be
deposited with the city in the amount as currently established or as hereafter adopted by
resolution of the city council from time to time, conditioned that no damage will be done to the city
property, streets, sewers, trees, or adjoining property and that no paper, litter, or other debris will
be permitted to remain upon the city property, streets or upon any private property by the
applicant. The surety bond shall be returned to the permittee within ten days after said special
event permit expires upon certification by the city manager that all conditions of this article have
been complied with. Should actual costs for policing and cleaning not exceed this amount, the
remainder shall be refunded to the permittee by the city. In the event that actual costs exceed this
amount, the permittee shall pay such additional sum to the city within ten days from the date of
notification. If that amount is not paid, no future permits shall be issued to the same permittee for
a period not to exceed two years. Nothing herein shall preclude the city from enforcing any legal
or equitable remedy against the permittee in addition to the bond. The applicant shall have the
right to show evidence why the bond should be lowered or waived by the city manager. Appeals
shall be heard by the city council in accordance with provisions of section 34-26
(b) When a special event is fully contained on private property, a sum in the amount as currently
established or as hereafter adopted by resolution of the city council from time to time shall be
deposited with the city conditioned that no paper, litter, or other debris will be permitted to remain
upon the site of the special event. The deposit shall be returned to the permittee within ten days
after the special event permit expires upon certification by the city manager that all conditions of
this article have been complied with. Should actual costs for cleaning not exceed this amount, the
remainder shall be reimbursed to the permittee by the city. In the event that actual costs exceed
this amount, the permittee shall pay such additional sum to the city within ten days from the date
of notification. If that amount is not paid, no future special event permits shall be issued to the
same permittee for a period not to exceed two years. Nothing herein shall preclude the city from
enforcing any legal or equitable remedy against the permittee in addition to the deposit. The
applicant shall have the right to show evidence why the deposit should be lowered or waived to
the city manager. Appeals shall be heard by the city council in accordance with provisions of
section 34-26
Sec. 34-44. - Police services; additional costs.
(a) The chief of police shall determine whether and to what extent additional police services are
reasonably necessary for the special event for traffic control and public safety. The chief of police
shall base this decision on the size, location, duration, time and date of the special event, and the
need to detour or preempt citizen travel and use of the streets and sidewalks. If possible, without
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disruption of ordinary police services or compromise of public safety, regularly scheduled on -duty
personnel will police the special event. If additional police services for the special event are
deemed necessary by the chief of police, he shall so inform the applicant for the special event
permit. The applicant then shall have the duty to secure the police services deemed necessary by
the chief of police.
(b) In the event the city manager determines, upon a review of the application, that a special event
may require the special attention and involvement of city personnel or facilities, the city manager
shall so notify the applicant. In such event, prior to the issuance of a special event permit, the
applicant and the city manager shall agree upon the cost of policing, and cleaning, and the
closure of roads, and the applicant shall pay that amount to the city upon application. Prior to the
issuance of a special event permit, the applicant shall agree in writing to pay any additional costs
to the city incurred as a result of the special event within five days of the date upon which the city
informs the permittee of the amount of such additional costs. Should the permittee not pay such
additional costs, no future special event permits shall be issued to the same permittee for a
period not to exceed two years. Nothing herein shall preclude the city from enforcing any legal or
equitable remedy against the permittee for recovery of such additional costs.
Sec. 34-45. - Offenses and penalty.
(a) A person commits an offense if he commences or holds a special event without a special event
permit or with a special event permit that has expired or been revoked.
(b) A culpable mental state is not required for the commission of an offense under this section.
(c) It is hereby determined that this section governs fire safety and public health and, therefore, any
person violating or failing to comply with any of the provisions of this section shall be subject to
the penalty as provided for in section 1-9
Sec. 34-46. - Application of article; exemptions.
(a) All special events, except those set forth in subsection (b) of this section, must conform to all
applicable provisions of this article.
(b) The following events are exempt from the provisions of this article:
(1) Events which are officially sponsored by the City;
(2) An event wholly contained on property specifically designed or suited for the event and
which holds a certificate of occupancy for such use including adequate parking;
(3) Funeral processions;
(4) Block parties as defined in section 34-66; and
(5) Parades, as defined in section 34-92
Secs. 34-47-34-65. - Reserved.
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11.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
READ, PASSED, and ADOPTED on first reading this 10 day of
SJA-Cr , 2011.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2011.
READ, APPROVED and ADOPTED on second reading this the day of
, 2011.
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
COIN, Matt -
SARA L. WHITE, City Secretary
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City Council Agenda Summary Sheet
Agenda Item No. 10C2.
Consider an ordinance amending Chapter 24, Article II, Code of Ordinances regarding
Agenda Caption: Special Events. (First Reading)
Meeting Date: July 14, 2011
Department: Administration
Staff Person making presentation: Monique Adams
Assistant to the City Manager
Item Summary:
This ordinance amendment includes various items listed below:
Increases application fee from $50.00 to $75.00
Increases applicant filing period from 30 days to 45 days prior to a special event
Increase response time from 7 days to 15 days after the receipt of a completed application
Removes the exemption of Round Rock Independent School District, Texas State University or Williamson
County from obtaining a special event permit
Other general housekeeping revisions
Strategic Plan Relevance:
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval