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G-05-02-24-8B3 - 2/24/2005ORDINANCE NO. - C%J;, -A-D33 AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, ADDING SECTION 1.3600 REGARDING PARADES; 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 1.3600, which shall read as follows: SECTION 1.3600 PARADES 1.3601 DEFINITIONS (1) Applicant means a Person who has filed a written application for a Parade Permit. (2) Chief of Police means the Chief of Police of the City of Round Rock, Texas, or his designated representative. (3) City means the City of Round Rock, Texas. (4) Parade means any assembly, march, demonstration, procession or motorcade upon public streets within the City consisting of three (3) 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. (5) Parade Permit means written approval from the Chief of Police or his designated representative for a Parade. (6) Permittee means the Person to whom a Parade Permit is granted pursuant to this Section. (7) Person means any individual, sole proprietorship, assumed named entity, partnership, association, corporation or organization. (8) Public Street means the entire width of the publically owned right-of-way. 1.3602 PERMIT REQUIRED:EXCEPTIONS (1) 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. @PFDeskcop\::OEMA/WORLDOX/0:/WDOX/ORDINANC/050210B5.WPD/s1s (2) Exceptions. This section shall not apply to: (a) Funeral processions. (b) 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. (c) A government agency acting within the scope of its function. 1.3603 FILING PERIOD (1) An application for a Parade Permit shall be filed with the Chief of Police not less than fifteen (15) days nor more than ninety (90) days before the proposed Parade date. (2) Late applications, where good cause is shown and subject to the standards promulgated in section 1.3605, may be considered when filed after the deadline prescribed herein. 1.3604 APPLICATION FOR PERMIT (1) 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 of Fifty Dollars ($50.00). In appropriate circumstances, the Chief of Police shall have the authority to lower or waive the fee. (2) The application for a Parade Permit shall set forth the following information: (a) the name, address, and telephone number of the Person seeking to conduct such Parade; (b) 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; (c) 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; (d) the name, address, and telephone number of the Person who will be the Parade chairperson and who will be responsible for its conduct; (e) the date when the Parade is to be conducted; (f) 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 10:00 p.m. daily; 2 (g) 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; (h) the proposed location for parking area. If the parking area is located on private property, the Application shall submit written permission from the owner or his authorized representative for allowing parking on the property; (i) a statement as to whether the Parade will occupy all or only a portion of the width of the streets proposed to be used; (j) the time at which units of the Parade will arrive at the assembly area; (k) the interval of space to be maintained between units in the Parade; (1) (m) 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; any sanitation facilities which may be needed to keep the Parade route and assembly areas clean and free from debris and waste; (n) a description of any public facilities or equipment needed for the Parade, including first aid stations or portable restrooms; (o) 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 any other information which the Chief of Police shall find necessary under the standards for issuance, hereinafter set forth in section 1.3605. (p) 1.3605 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; 3 (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; (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 protection, if any, required under section 1.3619. 1.3606 CONTENTS OF PERMIT Each Parade Permit shall state the following information: (1) starting and ending time, including assembly time and clean-up time; (2) minimum and maximum speed; (3) a description of the Parade route and any assembly or disbanding area(s); (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 section. 1.3607 APPLICANT PARKING REQUIREMENTS (1) Applicant shall submit evidence that sufficient parking will be available to accommodate the projected number of participants and attendees with a ten (10) 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. 4 (2) 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. 1.3608 DUTIES OF PERMITTEE A Permittee shall comply with all Parade Permit directions and conditions and with all applicable laws and ordinances. 1.3609 DENIAL OR REVOCATION OF PERMIT (1) The Chief of Police may deny a Parade Permit if: (a) the Parade will conflict in time and location with another Parade or other Special Event for which a permit has already been granted; the Applicant fails to comply with or the Parade 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 Parade Permit; (d) the Applicant has been convicted of violating this Section or has had a Parade Permit revoked within the preceding twelve (12) months; (e) the Applicant has previously failed to pay previous Parade fees or police protection charges; (b) (f) the Applicant fails to provide proof of a license or permit required by this Section or another City ordinance or by state law; the Parade, in the opinion of one (1) 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; (h) the Applicant is unable or unwilling to pay an additional costs as may be required by the Chief of Police; (g) (i) the Applicant fails to submit a complete application or fails to provide any additional information requested by the Chief of Police; or (j) 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. (2) 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 1.3605 above. 5 1.3610 NOTICE OF REJECTION: APPEAL TO CITY COUNCIL The Chief of Police shall act upon an application for a Parade Permit within seven (7) days after the filing thereof. If the Chief of Police does not approve the application, he shall mail to Applicant a notice of this action stating the reasons for the denial of Parade Permit within three (3) 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. 1.3611 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 (5) 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 section. 1.3612 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. 1.3613 SANITARY FACILITIES Portable type sanitary facilities may be required if determined to be necessary by the Chief of Police and Applicant shall be responsible for securing such facilities. 1.3614 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 three hundred (300) feet from any developed residential or commercial districts. 1.3615 WATER USAGE AND DISPOSAL OF WASTEWATER (1) 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. (2) Applicant shall submit a plan for the disposal of wastewater and the plan shall be approved by the Utilities Department. 6 1.3616 WASTE COLLECTION AND SOLID WASTE DUMPSTER 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, 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. 1.3617 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 10:00 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 City Council. 1.3618 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. 1.3619 POLICE PROTECTION: COSTS (1) The Chief of Police shall determine whether and to what extent additional police protection is 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 possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on -duty personnel will police the Parade. If additional police protection for the Parade is 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 protection deemed necessary by the Chief of Police. (2) 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 Applicant. In such event, prior to the issuance of a Parade Permit, the Applicant and 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 (5) days of the date upon which the City informs the Applicant of the amount of such additional costs. 7 1.3620 OFFENSES (1) A Person commits an offense under this section if he: (a) Stages, presents, or conducts any Parade without first having obtained a permit as herein provided; (b) Participates in a Parade for which the Person knows a permit has not been granted; (c) Knowingly fail to comply with any condition of the Parade Permit; (d) 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; (e) 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 (f) Drives between the vehicles or Persons comprising a Parade. (2) A culpable mental state is not required for the commission of an offense under this section. 1.3621 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 8 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 day of 2005. Alternative 2. JREAD and APPROVED on first reading this the /( ) daY of h 1ulA aft kJ., 2005. READ, APPROVED and ADOPTED on second reading this the c;?Ll tjlday of '--kbh,Ll`-l_kt2005. ST: Lilt& AC,4? CHRISTINE R. MARTINEZ, City Secretar- i NY ty =yor Round Rock, Texas 9 DATE: February 16, 2005 SUBJECT: City Council Meeting - February 24, 2005 ITEM: *8.B.3. Consider an ordinance amending Chapter 1, Code of Ordinances (1995 Edition) to add Section 1.3600, Parades. (Second Reading) Department: Administration/Legal Staff Person: Jim Nuse, City Manager and Steve Sheets, City Attorney Justification: A parade is defined as a march, procession or motorcade upon public streets consisting of three or more persons, vehicles, etc. with the intent of attracting public attention that interferes with the normal flow of traffic. Does not apply to funeral processions, students going to and from classes, or governmental agency acting within its scope. It is unlawful to hold a parade without a permit issued by the Chief of Police. The application fee is $50.00. The Chief of Police reviews the application in accordance with established standards for approval, and then either approves or denies the application. The Applicant may appeal the denial of an application for a parade to the City Council. The Applicant may be charged with the costs of special police or other city services required for the parade. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: N/A Public Comment: N/A