G-05-02-24-8B1 - 2/24/2005ORDINANCE NO. 0-05- 0")`1 - �U
AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, ADDING
SECTION 1.3400 REGARDING SPECIAL EVENTS; AND PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That Chapter 1, of the Code of Ordinances (1995 Edition), City
of Round Rock, Texas, is hereby amended to add Section 1.3400,
which shall read as follows:
SECTION 1.3400 SPECIAL EVENTS
1.3401 DEFINITIONS
(1)
Applicant means a Person who has filed a written application for a Special Event Permit.
(2) City means the City of Round Rock, Texas.
(3)
City Manager means the City Manager of the City or the designated representative of the
City Manager.
(4) Permittee means the Person to whom a Special Event Permit is granted pursuant to this
section.
(5) Person means any individual, assumed named entity, partnership, association, corporation,
or organization.
(6) 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, rallies,
public entertainments, or other similar events or attractions, that:
(i) are conducted primarily outdoors; and
(ii) interfere with the normal flow or regulation of pedestrian or vehicular traffic; or
(iii) require special City services, including, but not limited to, street closure,
provisions of barricades; refuse services, stages, special parking arrangements,
special electrical services or special police services or protection.
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(7)
Special Event Permit means the written approval from the City Manager for a Special
Event.
1.3402 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.
1.3403 APPLICATION FOR PERMIT; FEE
(1) 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 of
Fifty Dollars ($50.00). In appropriate circumstances, the City Manager shall have the
authority to lower or waive the fee.
(2) 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.
1.3404 FILING PERIOD
(1) Applications for a Special Event Permit shall be filed not less than fifteen (15) days before
the Special Event is to begin.
(2) Late applications, where good cause is shown and subject to the standards promulgated
in section 1.3406, may be considered when filed after the deadline prescribed in
subsection (1), above.
1.3405 CONTENTS OF APPLICATION
The application for a Special Event Permit shall set forth as a minimum the following information:
(1) the name, address, and telephone number 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 and address of the
authorized representative(s) of such organization;
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(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, and telephone number of the Person who will be the Special Event
chairman and who will be responsible for its conduct;
(5)
the proposed location and parking areas for the Special Event;
(6) the approximate number of people who will be attending 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)
details for any planned signage shall be included;
(10) when loudspeakers will be used, the location and orientation of those speakers shall be
shown;
(11) the date(s) and time(s) the Special Event will start and terminate;
(12) the time at which on-site activities in preparation for the Special Event will begin;
(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 City departments, county officials or state
agencies, other than the Building Inspection Department shall be included with the
application for a Special Event Permit;
(16) if required as set forth in section 1.3423, 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 1.3425, 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.
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1.3406 STANDARDS FOR ISSUANCE
A Special Event Permit will be issued if, upon review, the City Manager finds that the Applicant
has secured the police protection, if any, required under subsection 1.3426 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 protection 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 subsection 1.3411
or the Applicant has made adequate arrangements for off-site parking and transfer of
attendees.
1.3407 DENIAL OR REVOCATION
(1) The City Manager may deny a Special Event Permit if:
(a) the Special Event will conflict in time and location with another Special Event,
parade or assembly for which a permit has already been granted;
(b) the Applicant fails to comply with or the Special Event will violate an ordinance
of the City or any other applicable law;
(c) 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;
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(d) the Applicant has been convicted of violating this Section, has had a Special Event
Permit revoked within the preceding twelve (12) months, or has failed to pay any
additional costs assessed by the City for a previous Special Event within the
previous two (2) years;
(e) the Applicant fails to provide proof of a license or permit required by this Section
or another City ordinance or by state law;
(f) the Special Event, in the opinion of one (1) 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;
(g) the Applicant is unable or unwilling to provide any required insurance or surety
bonds that may be required under this Section;
(h) the Applicant is unable or unwilling to pay any additional costs as may be required
by the City Manager;
(i)
the Applicant fails to submit a complete application or fails to provide any
additional information requested by the City Manager; or
(j) 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.
(2) A Special Event Permit shall be revoked upon the following conditions:
(a) 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 Even Permit issued
hereunder shall be revoked;
(b) when, in the judgment of the above named officials, a violation exists which
requires immediate abatement, they shall have authority to revoke a Special Even
Permit in the absence or unavailability of the City Manager; or
(c) 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.
1.3408 NOTICE OF DENIAL; APPEALS
The City Manager shall act upon a complete application for a Special Event Permit within seven
(7) 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.
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1.3409 DURATION OF PERMIT
The duration of the Special Event Permit granted under the terms of this Section shall not exceed
a period of three (3) days.
1.3410 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.
1.3411 APPLICANT PARKING REQUIREMENTS
(1)
Applicant shall submit evidence that sufficient parking will be available to accommodate
the projected number of users with a ten (10) percent surplus. 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.
(2) 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.
1.3412 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.
1.3413 AMUSEMENT RIDES
Rides and/or attractions associated with Special Event shall conform to the statutory rules and
regulations set forth in Chapter 21, article 21.53 of the Texas Insurance Code, designated the
Amusement Ride Safety Inspection and Insurance Act, as amended.
1.3414 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 subsection 1.3408 hereof.
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1.3415 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.
1.3416 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.
1.3417 SANITARY FACILITIES
A minimum of two (2) portable type sanitary facilities must be provided on the premises.
Additional units may be required if determined to be necessary by the City Manager.
1.3418 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 three
hundred (300) feet from any developed residential or commercial districts.
1.3419 WATER USAGE AND DISPOSAL OF WASTEWATER
(1) 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.
(2) Applicant shall submit a plan for the disposal of wastewater and the plan shall be approved
by the Utilities Department.
1.3420 WASTE COLLECTION AND SOLID WASTE DUMPSTER
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. 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.
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1.3421 LOUDSPEAKERS
When loudspeakers will be used in conjunction with the Special Event, 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 10:00 p.m. when a Special Event Permit has been obtained. The City Manager may
modify the time limit for use of such speakers when good cause is demonstrated by the Applicant.
1.3422 SIGNAGE
Signage used in accordance with the Special Event shall comply with the sign regulations of the
City under the provisions for promotional signage. 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 3.1408.)
1.3423 LIABILITY INSURANCE
(1) 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.
(2) The City Manager shall have the right to lower, waive, or increase the public liability
insurance 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.
(3)
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 (5) days from date of request.
(4) If a mutually agreeable insurance limit cannot be agreed upon, the Application shall be
considered denied.
1.3424 INDEMNIFICATION
When a Special Event or parking attendant to such Special Event is partially or fully contained on
City property, 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.
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1.3425 SURETY BOND
(1) When a Special Event is partially or fully contained on City property, a surety bond shall
be deposited with the City in the amount of Ten Thousand. Dollars ($10,000.00)
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 (10) days after said Special Event Permit
expires upon certification by the City Manager that all conditions of this Section 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 (10)
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 (2) 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 subsection 1.3408.
(2) When an Special Event is fully contained on private property, a sum in the amount of Five
Hundred Dollars ($500.00) 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 (10) days after the Special Event
Permit expires upon certification by the City Manager that all conditions of this ordinance
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 (10)
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 (2) 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 subsection 1.3408.
1.3426 POLICE PROTECTION: ADDITIONAL COSTS
(1) The Chief of Police shall determine whether and to what extent additional police protection
is 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 disruption of ordinary police services or compromise of
public safety, regularly scheduled on -duty personnel will police the Special Event. If
additional police protection for the Special Event is 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 protection deemed necessary by the Chief of
Police.
9
(2) 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 (5) 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 (2) years. Nothing herein shall preclude the City from enforcing any legal or
equitable remedy against the Permittee for recovery of such additional costs.
1.3427 OFFENSES AND PENALTY
(1) 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.
(2) A culpable mental state is not required for the commission of an offense under this section.
(3) 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 1.601 of the City of Round
Rock Code of Ordinances.
1.3428 APPLICATION OF SECTION; EXEMPTIONS
(1)
All Special Events, except those set forth in subsection (2) below must conform to all
applicable provisions of this Section.
(2) The following events are exempt from the provisions of this section:
(a) events which require the approval or sanctioning of, or are officially sponsored
by, the City, Round Rock Independent School District, Texas State University or
Williamson County shall be exempted from obtaining a Special Event;
(b) 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;
(c) funeral processions;
(d) Blockparties as defined in section 1.3501 of the Code of Ordinances of the City;
and
(e) Parades, as defined in section 1.3601 of the Code of Ordinances of the City.
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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,
consideredand formally acted upon, all as required by the Open
Meetings Ac -t, 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 day
of , 2005.
Alternative 2. 11^
READ and APPROVED on first reading this the /U — day of
2005.
READ, APPROVED and
�J ADOPTED on second reading this the
�f I day ofJ A L 2005.
ATTEST:
futhno
NYLE LL, Mayor
City o Round Rock, Texas
tfYik
CHRISTINE R. MARTINEZ, City Secretar'
11
DATE: February 16, 2005
SUBJECT: City Council Meeting - February 24, 2005
ITEM: *8.B.1. Consider an ordinance amending Chapter 1, Code of Ordinances,
(1995 Edition) to add Section 1.3400, Special Events. (Second
Reading)
Department: Administration/Legal
Staff Person: Jim Nuse, City Manager and Steve Sheets, City Attorney
Justification:
A special event is defined as a planned temporary attraction such as street fairs and art
and craft shows that (i) are conducted primarily outdoors on property open to the public;
(ii) interfere with the normal flow of pedestrian or vehicular traffic; or (iii) require special
City services such as street closure, barricades, refuse services, special parking
arrangements, special electrical services or special police/fire services or protection.
It is unlawful to conduct a Special Event without obtaining a permit from the City
Manager. The application fee is $50.00.
The City Manager reviews the application in accordance with established standards for
approval, and then either approves or denies the application. The denial of an application
may be appealed by the City Council.
If the Special Event is partially or fully contained on City property, the Applicant must
provide liability insurance, indemnify the City against claims, and provide a surety bond
to cover damages to City property.
If special police service or other city services are required, the City may require that the
applicant cover the cost of the required additional services.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A