G-05-02-24-8B2 - 2/24/2005ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, ADDING
SECTION 1.3500 REGARDING BLOCKPARTIES; 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 1.3500,
which shall read as follows:
SECTION 1.3500 BLOCKPARTIES
1.3501 DEFINITIONS
(1)
Applicant means a Person who has filed an application for a Street Closure Permit.
(2) Blockparty means a festive gathering on a local residential street requiring a closure of a
street, or portion thereof, to vehicular traffic, and the use of the street for the festivity
including barbecues, picnics, music or games.
(3) City means the City of Round Rock, Texas.
(4) Chief means Chief of Public Works Operations of the City or his designated
representative.
(5) Person means any individual, sole proprietorship, assumed named entity, partnership,
association, corporation or organization.
(6) Street means the entire width between the boundary lines of every way publicly
maintained, when any part thereof is open to the use of the public for purposes of
vehicular traffic.
(7) Street Closure Permit means written approval from the Chief authorizing closure of a
street.
1.3502 PERMIT REQUIRED
It shall be unlawful for any Person to conduct a Blockparty without first having obtained a Street
Closure Permit from the Chief.
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1.3503 APPLICATION; FEE; FILING PERIOD; PETITION
(1)
All Persons seeking a Street Closure Permit shall file an application with the Chief upon
forms provided by the City, which shall be accompanied with an application fee of
Twenty-five Dollars ($25.00). In appropriate circumstances, the Chief shall have the
authority to lower or waive the fee.
(2) Applications for a Street Closure Permit shall be filed not less than fifteen (15) days prior
to the desired closure.
(3) The application shall contain the following information:
(a) Name and location of the residential street to be closed;
(b)
Name, address, and phone number of Person(s) requesting and desiring the street
closure; and
(c) The date and time for the street closure; Blockparties must be held between the
hours of 9:00 a.m. and 10:00 p.m.;
(4) Included with the application shall be a petition, as furnished by the City, which shall
contain the signatures of seventy-five (75) percent of adult owners or residents of the
property abutting that portion of the street to be closed indicating their consent to the
proposed street closure. For purposes of computing the above percentage, each lot or
property parcel shall have only one (1) vote.
1.3504 ISSUANCE OF PERMIT
Upon submission, validation, and approval of the application and petition for Street Closure Permit
and receipt the of application fee, the Chief, subject to subsection 1.3505, shall issue a permit.
1.3505 DENIAL OF PERMIT, APPEAL
The Chief shall act upon a complete application for a Street Closure Permit within seven (7) days
after the filing the Application. The Chief may deny a Street Closure Permit if in his opinion the
closure of the street would cause significant disruption of the delivery of City or emergency
services, a significant hardship to the citizens or a threat to public safety. If the Chief denies the
Street Closure Permit, he shall mail Applicant a notice of this action stating the reasons for the
denial of the Street Closure Permit. The Applicant may appeal 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.
1.3506 DURATION OF PERMIT
The Street Closure Permit granted under the terms of this Section shall not exceed six (6) hours.
Another Street Closure Permit shall not be granted for the same location until at least 90 days have
elapsed from the expiration of the previous Street Closure Permit.
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1.3507 BARRICADES
The Chief shall make arrangements with the Street Department to furnish and place barricades
at the designated location at the appropriate time.
1.3508 REVOCATION OF PERMIT
Nothing in this section shall prevent the Chief, the Chief of Police, or their designees from
revoking a Street Closure Permit at any time before or during the Blockparty in the interest of
public safety, health or welfare of the community as a whole.
1.3509 OFFENSES
(1) A Person commits an offense under this section if he:
(a) Commences or holds a private closure without a Street Closure Permit issued by
the Chief or with a Street Closure Permit that has expired or been revoked; or
(b) Fails to comply with any of the requirements of this section or other ordinances
or laws of the City or the state.
(2) A culpable mental state is not required for the commission of an offense under this section.
1.3510 PENALTY
Any Person found to be violating any term or provision of this Section, shall be subject to a fine
in accordance with section 1.602 of the City Code of Ordinances for each offense. Each day a
violation continues shall constitute a separate offense.
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
3
open to the public as required by law at all times during which
this Ordinance and the subject matter
considered and formally acted upon, all
hereof were discussed,
as
Meetings Act, Chapter 551, Texas Government
Alternative 1.
By motion duly made,
required by the Open
Code, as amended.
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.
READ and APPROVED on first reading this the
j-tiALta\,,ct,
READ, APPROVED and ADOPTED on second reading this the _
thuta ru
, 2005.
�
/�1` day of
day of
2005.
N�yrE `yri'. WEL , _ yor
City of Round Rock, Texas
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CHRISTINE R. MARTINEZ, City Secreta
4
DATE: February 16, 2005
SUBJECT: City Council Meeting - February 24, 2005
ITEM: *8.B.2. Consider an ordinance amending Chapter 1, Code of Ordinances
(1995 Edition) to add Section 1.3500, Blockparties. (Second
Reading)
Department: Administration/Legal
Staff Person: Jim Nuse, City Manager and Steve Sheets, City Attorney
Justification:
At the present time, the City has no ordinances or other officially adopted policy for
regulating block parties. This results in some degree of confusion on the part of the city
staff and citizens alike regarding how block parties are approved and conducted. Clear
and consistent policies will help to eliminate inconsistencies in the way these events are
handled, as well decrease the amount of staff and council time spent on dealing with
applications for these events.
A block party is defined as a gathering on a residential street requiring closure of a street
to vehicular traffic, and the use of the street for the festivity.
It is unlawful to conduct a block party without obtaining a permit from the Director of
Public Works Operations. The application fee is $25.00.
An application for a block party must be accompanied by a petition signed by at least
75% of the adult owners of property abutting the street to be closed.
The Director will either approve or deny the application. If an application is denied, it
may be appealed to the City Council.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A