G-11-07-14-10C3 - 7/14/2011ORDINANCE NO. 6-I I-04"' 14- I LXi3
AN ORDINANCE AMENDING CHAPTER 34, ARTICLE IV, CODE OF ORDINANCES
(2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING PARADES; 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 IV, Parades, Code of Ordinances (2010 Edition), City of
Round Rock, Texas, is hereby amended to read as follows:
ARTICLE IV. — PARADES
Sec. 34-92. - 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 parade permit.
Chief of Police means the Chief of Police or his designated representative.
Free Speech Rights means expressive activity protected by the First Amendment to the Constitution of
the United States, provided that such activity is the primary purpose of the parade.
Parade means any assembly, march, demonstration, procession or motorcade upon public streets within
the city consisting of three or more persons, animals, or vehicles (or any combination thereof) with an
intent of attracting public attention that interferes with or has a tendency to interfere with the normal flow
or regulation of traffic upon public streets.
Parade permit means written approval from the chief of police or his designated representative for a
parade.
Permittee means the person to whom a parade permit is granted pursuant to this article.
Public street means the entire width of the publicly owned right-of-way.
Sec. 34-93. - Permit required; exceptions.
(a) Required. No person shall engage in, participate in, aid, form or start any parade, unless a
parade permit shall have been obtained from the city.
(b) Exceptions. This section shall not apply to:
(1) Funeral processions.
O:\wdox\SCC1nts\0112\ 1104 \MUNICIPAL\ 00226968.DOC/sls
(2) Students going to and from school classes or participating in educational activities,
provided such conduct is under the immediate direction and supervision of the proper
school authorities, and will not interfere with the normal movement of traffic.
(3) A government agency acting within the scope of its function.
Sec. 34-94. - Filing period.
(a) Except as provided below, an application for a parade permit shall be filed with the chief of police
not less than 30 days nor more than 90 days before the proposed parade date.
(b) Late applications, where good cause is shown and subject to the standards promulgated in
section 34-96, may be considered when filed after the deadline prescribed herein.
(c) An application for a parade, the primary purpose of which is to express Free Speech Rights, may
be submitted not less than 5 days before the proposed parade date.
Sec. 34-95. - Application for permit.
(a) A person seeking issuance of a parade permit shall file an application with the chief of police on
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.
(b) The application for a parade permit shall set forth the following information:
(1) The name, address, and telephone number of the person seeking to conduct such
parade;
(2) If the parade is to be held for or by an organization, the name, address, and telephone
number of the headquarters of the organization, and the name and address of the
authorized representative of such organization;
(3)
If the parade 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) If the parade's primary purpose is to express Free Speech Rights, a detail description of
the purpose of the parade;
(5)
The name, address, and telephone number of the person who will be the parade
chairperson and who will be responsible for its conduct;
(6) The date when the parade is to be conducted;
(7)
The time when such parade will start and terminate, including the time at which units of
the parade will arrive in assembly area. Parades may be conducted only between the
hours of 7:00 a.m. and 9:00 p.m. daily;
(8) The location by streets of the proposed parade route, the assembly area, the initial
starting point and the disbanding area for the parade. If the assembly area, starting point
and/or disbanding areas are located on private property, the applicant shall submit written
permission for the holding of the activity from the owner or his authorized representative
of the property;
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(9) The proposed location for parking area. If the parking area is located on private property,
the applicant shall submit written permission from the owner or his authorized
representative for allowing parking on the property;
(10) A statement as to whether the parade will occupy all or only a portion of the width of the
streets proposed to be used;
(11) The time at which units of the parade will arrive at the assembly area;
(12) The interval of space to be maintained between units in the parade;
(13) The approximate number of participants in the parade and, if applicable, the number and
types of animals and vehicles or floats (including maximum height and length) which will
constitute such parade;
(14) Any sanitation facilities which may be needed to keep the parade route and assembly
areas clean and free from debris and waste;
(15) A description of any public facilities or equipment needed for the parade, including first
aid stations or portable restrooms;
(16) Copies of permits and agreements will all city departments other than the police
department shall be included with the application for the parade permit; and
(17) Any other information which the chief of police shall find necessary under the standards
for issuance, hereinafter set forth in section 34-96.
Sec. 34-96. - Standards for issuance of permit.
A parade permit will be issued if, upon review of the application, the chief of police finds that:
(1) The parade will not substantially interrupt the safe and orderly movement of other traffic
near its route;
(2) The parade will not require the diversion of so great a number of police officers of the city
to properly police the parade and the adjacent areas, including parking areas, as to
prevent normal police protection of the city;
(3)
The parade will not require the diversion of so great a number of fire protection or
emergency medical services (EMS) personnel so as to prevent these services to portions
of the city other than that to be occupied by the proposed parade route and adjacent
areas;
(4) The concentration of people, animals and vehicles at assembly points of the parade will
not unduly interfere with fire and police protection of, or EMS services to, areas near such
parade and assembly area;
(5) The parade will not interfere with the efficient response movement of firefighting
equipment and services en route to a fire;
(6) The parade is scheduled to move from its point of origin to its point of termination without
unreasonable delays en route;
(7) The conduct of the parade is not reasonably likely to cause injury to persons or property;
(8) Adequate sanitation and other required health facilities are or will be made available in or
adjacent to any public assembly areas;
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(9)
There are sufficient parking places near the site of the parade to accommodate the
number of vehicles reasonably expected to be used in the parade or the applicant has
made adequate arrangements for off-site parking and transfer of attendees and
participants; and
(10) The applicant has secured the police services, if any, required under section 34-110.
Sec. 34-97. - Contents of permit.
Each parade permit shall state the following information:
(1) Starting and ending time, including assembly time and cleanup time;
(2) Minimum and maximum speed;
(3) A description of the parade route and any assembly or disbanding areas;
(4) Maximum and minimum interval of space to be maintained between the units of the
parade;
(5) The portions of the streets to be traversed that may be occupied by the parade; and
(6) Such other information as the chief of police shall find necessary to the enforcement of
this article.
Sec. 34-98. - Applicant parking requirements.
(a) Applicant shall submit evidence that sufficient parking will be available to accommodate the
projected number of participants and attendees with a ten percent surplus. If said parking is to be
on private property adjacent to the parade, 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 parade route,
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. 34-99. - Duties of permittee.
A permittee shall comply with all parade permit directions and conditions and with all applicable laws and
ordinances.
Sec. 34-100. - Denial or revocation of permit.
(a) The chief of police may deny a parade permit if:
(1) The parade will conflict in time and location with another parade or other special event for
which a permit has already been granted;
(2) The applicant fails to comply with or the parade 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 parade permit;
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(4) The applicant has been convicted of violating this article or has had a parade permit
revoked within the preceding 12 months;
(5) The applicant has previously failed to pay previous parade fees or police protection
charges;
(6) The applicant fails to provide proof of a license or permit required by this article or
another city ordinance or by state law;
(7) The parade, in the opinion of one or more city departmental directors, would severely
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;
(8) The applicant is unable or unwilling to pay any additional costs as may be required by the
chief of police;
(9) The applicant fails to submit a complete application or fails to provide any additional
information requested by the chief of police; or
(10) The proposed date or time for the parade or the location of the parade or parking for such
parade would substantially interfere or disrupt the educational activities of a school when
such school is in session.
(b) The chief of police shall have the authority to deny or revoke a parade permit issued hereunder
for failure to meet the standards for issuance as set forth in section 34-96.
Sec. 34-101. - Notice of rejection; appeal to city council or city manager.
The chief of police shall act upon an application for a parade permit within seven days after the filing
thereof. If the chief of police does not approve the application, he shall mail to the applicant a notice of
this action stating the reasons for the denial of parade permit within three days after the date of the
denial. Any person aggrieved shall have the right to appeal the denial of a parade permit to the city
council. The council shall hear the appeal as soon as practicable and its decision shall be final.
Where the primary purpose of the parade is the expression of Free Speech Rights, the application shall
be granted or denied by the chief of police within 48 hours of receipt of the application. After a decision,
the chief of police shall immediately notify the applicant orally and the city manager and city attorney in
writing of the decision. If the decision is for denial of the permit, the applicant may, within 24 hours after
receipt of said decision, appeal to the city manager, presenting facts why the denial should be reversed.
The city manager shall make every effort to hear the appeal as soon as possible, and shall render a
written decision to the applicant no more than 24 hours after the time of the appeal hearing.
Sec. 34-102. - Alternative permit.
The chief of police, in denying an application for a parade permit, shall be empowered to authorize the
parade on a date, time, or over a route different from that named by the applicant. An applicant desiring to
accept an alternate permit shall, within five days after notice of the action of the chief of police, file a
written notice of acceptance with the chief of police. An alternate parade permit shall conform to the
requirements of, and shall have the effect of, a parade permit under this article.
Sec. 34-103. - Tents and temporary structures.
Any parade 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 parade 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.
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Sec. 34-104. - Sanitary facilities.
Portable type sanitary facilities may be required if determined to be necessary by the chief of police, and
an applicant shall be responsible for securing such facilities.
Sec. 34-105. - Animal waste.
Waste from animals used in any such parade shall be removed immediately following the completion of
such parade. 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. 34-106. - Water usage and disposal of wastewater.
(a) Any parade 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. 34-107. - Waste collection and solid waste dumpster.
An applicant shall be required to make arrangements for the collection of all waste resulting from such
parade, and commercial solid waste dumpsters may be required if determined to be necessary by the
chief of police. If required, 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. 34-108. - Loudspeakers.
When loudspeakers will be used in conjunction with the parade, the location and orientation of speakers
shall be indicated along with the planned hours of use. Speakers which are positioned so as not to
adversely affect an adjacent residential district may be used between the hours of 7:00 a.m. and 9:00
p.m. when a parade permit has been obtained. The chief of police may modify the time limit for use of
such speakers when good cause is demonstrated by the applicant. Any use of loudspeakers other than
described shall first obtain the approval of the city council.
Sec. 34-109. - City authority over parking.
The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking
of vehicles along a street or highway or part thereof constituting a part of the parade route by posting
signs to such effect. It shall be unlawful for any person to park or leave unattended any vehicle in violation
of the parking restrictions.
Sec. 34-110. - Police services; costs.
(a) The chief of police shall determine whether and to what extent police services are reasonably
necessary for the parade for traffic control and public safety. The chief of police shall base this
decision on the size, location, duration, time and date of the parade, the number of streets and
intersections blocked, and the need to detour or preempt citizen travel and use of the streets and
sidewalks. If additional police services for the parade are deemed necessary by the chief of
police, he shall so inform the applicant for the parade permit. The applicant then shall have the
duty to secure the police services deemed necessary by the chief of police. All police services
shall be provided by the Round Rock Police Department unless prior written approval is given by
the Chief of Police for the use of outside agencies.
(b) In the event the chief of police determines, upon a review of the application, that a parade may
require the special attention and involvement of city personnel or facilities, the chief of police shall
so notify the applicant. In such event, prior to the issuance of a parade permit, the applicant and
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the chief of police 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 parade
permit, the applicant shall agree in writing to pay any additional costs to the city within five days of
the date upon which the city informs the applicant of the amount of such additional costs.
Sec. 34-111. - Offenses.
(a) A person commits an offense under this article if he:
(1) Stages, presents, or conducts any parade without first having obtained a permit as herein
provided;
(2)
(3)
(4)
(5)
Participates in a parade for which the person knows a permit has not been granted;
Knowingly fails to comply with any condition of the parade permit;
Rides, drives, or causes to be ridden or driven any animal or any animal -drawn vehicle
upon any public street, unless specifically authorized by the parade permit;
Hampers, obstructs, impedes, or interferes with the parade, except when reasonably
required for the safe and orderly conduct of the parade, or for the safety and welfare of
the general public; or
(6) Drives between the vehicles or persons comprising a parade.
(b) A culpable mental state is not required for the commission of an offense under this article.
II.
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.
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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 1- day of
, 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.
ATTEST:
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SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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ROUND ROCK, TEXAS
PURPOSE. PASSION, PROSPERITY.
Agenda Item No. 10C3.
City Council Agenda Summary Sheet
Consider an ordinance amending Chapter 34, Article IV, Code of Ordinances regarding
Agenda Caption: Parades. (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 language related to Free Speech Rights and also contains amendments listed
below:
The filing period increased from 15 days to 30 days.
Parades must be conclude by 9:00 pm instead of 10 pm.
Police services shall be provided by Round Rock Police Department unless the Chief of Police provides
approval for the use of outside agencies.
Other general housekeeping revision.
Strategic Plan Relevance:
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval