From
Michael Joy, Emergency Management Specialist
Title
Ordinance amending and replacing Chapter 7.5 "Special Events" of the Code of Ordinances
Presenter
Robert Fite, Fire Chief
Recommended Action
Approve
Analysis
The City encourages special events that foster the betterment of the community, the promotion of cultural diversity, and the promotion of commerce within the City. In order to ensure public safety, it is necessary that the City receive advance notice of these events. The provisions of Chapter 7.5 ”Special Events” are intended to address these concerns and are not intended to place unnecessary burdens on any right of association, assembly, or freedom of expression.
The repeal and replacement of Chapter 7.5 is supported and was approved by the Public Safety, Health & Environment Committee and City Council Development Committee on December 6, 2016 and Finance & Government Committee on December 13, 2016 meetings.
Financial Consideration
None
Body
AN ORDINANCE REPEALING AND REPLACING CHAPTER 7.5 "SPECIAL EVENTS" OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A CUMULATIVE CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE
WHEREAS, The City Council is empowered to establish regulations for the protection of public health, welfare and safety; and
WHEREAS, revisions to Chapter 7.5 of the Code of Ordinances would help to improve the public safety of special events and provide criteria for consistent review of these types of permits; and
WHEREAS, said revisions are not intended to place unnecessary burdens on any right of association, assembly, or freedom of expression,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 7.5, Special Events, to be amended and replaced in its entirety to as follows:
Sec. 7.5.0 Purpose
The City encourages special events that foster the betterment of the community, the promotion of cultural diversity, and the promotion of commerce within the City. However, gatherings of persons, outside the normal day to day activity of a property, facility, or location, may place unique demands on public resources and pose a potential danger to public health, safety and welfare. In order to plan for these demands and ensure public safety, it is necessary that the City receive advance notice of these events. The provisions of this Chapter are intended to address these concerns and are not intended to place unnecessary burdens on any right of association, assembly, or freedom of expression.
Sec. 7.5.1 Definitions
Attendance (Event): The persons or number of persons cumulatively present over the duration of a special event.
Attendance (Peak): The maximum persons or number of persons present at any one time over the duration of the special event.
Applicant: A person who has filed a written application for a Special Event Permit.
Block Party: An outdoor public event organized by the residents of a neighborhood or city block and held upon a city right-of-way to observe an important event or mutual social interest.
City: The City of Grand Prairie, Texas.
City Property: All city owned facilities and property designated as a park, playground, recreational facility, swimming pool or hike and bike path, and shall include buildings, parking lots and driveways in such areas to include recreational areas and parks at Joe Pool Lake.
First Amendment Activity: All expressive and associative activities on public streets that are protected by the United States Constitution and the Texas Constitution.
First Amendment Event: An event where the sole or principal objective is First Amendment Activity.
National Night Out: An annual community policing event held throughout the United States to raise awareness and support for anti-crime measures.
Parade: Any march, procession, organized movement, or motorcade consisting of persons, animals, vehicles, or any combinations thereof, that is: 1) intended to attract attention; 2) take place upon public rights-of-way; and, 3) likely to interfere with the normal flow or regulation of traffic.
Permittee: The person to whom a Special Event Permit, pursuant to this Chapter, is issued.
Person: An individual, entity, association, or organization.
Special Event: A one time or frequent gathering of people, generally lasting from a few hours to a few days, where said gathering activity and location is outside the normal day to day scope of operations of the organization, facility, business, or entity holding the special event that is intended to celebrate, honor, raise awareness, influence, and/or to sell a product or service. Special Events include, but are not limited to: fun walks and runs, walk-a-thons, marathon, bike race, fireworks displays, concerts, carnivals, other types of races and festivals.
(1) Special Event:
A special event with an estimated peak attendance of 75 or more persons and involving any of the following items on city or public property. These provisions will apply to private property if the use is outside the normal scope of business operations, zoning, or prohibited by ordinance.
a. Use of sound amplification
b. Street, public right of way, or sidewalk closure or blocking is required (other than for a Block Party)
c. Traffic control is required
d. Use of a tent larger than 400 square feet
e. Temporary structures will be constructed (i.e. stage, bands shell, portable toilets, etc.)
f. Sale or consumption of alcohol
g. Sale of food or beverage
A Special Event shall be limited to no more than 4 events per calendar year, involving the same event location and/or event permittee, with a minimum of 2 months between events.
(2) “Recurring” Special Event:
A “Recurring Special Event” (same criteria) with a reoccurrence of more than 4 events but less than 13 events per calendar year.
Sec. 7.5.2 General Standards
(1) Applicability
This article shall apply to all Special Events occurring within the corporate limits of the City.
(2) Permit Requirement
A Special Event Permit is required for a Special Events except as provided in Section 7.5.5.
(3) Conformity with Code of Ordinances
It shall be unlawful for any person to hold a Special Event, sponsor a Special Event, or cause a Special Event to be held without first obtaining a Special Event Permit that has been determined to be in compliance with City regulations.
(4) Filing Fees and Costs
a. An application must be accompanied by a non-refundable fee as established by City Council. Fees shall not be required with an application initiated by the City.
i. Special Event Fee: $40
ii. “Recurring” Special Event Annual Fee: $400
City Sponsored Events are exempt from application fees. A complete listing of these events will be approved by the Deputy City Manager or designee; list may be altered as needed.
b. Applicant may be required to pay any and all fees and costs required by other City ordinances to conduct specific activities in conjunction with or as part of a special event.
c. If the City determines that a Special Event may require special attention and involvement of City personnel or City facilities, the City shall notify the applicant. Prior to issuance of a Special Event Permit:
i. Applicant and City shall agree upon the additional costs the City will incur as a result of the Special Event and applicant shall pay those cost to the City; and
ii. 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 applicant of the amount of such additional costs.
d. No Special Event Permit fee shall be charged for a First Amendment Event. An applicant for a Special Event Permit shall pay fees for street closures to conduct specific activities in conjunction with or as part of a First Amendment event, but the amount of the fees shall not be in excess of the City’s cost to close the street(s) for traffic control.
(5) Timeframes and Deadlines
a. A complete application for a Special Event or a “Recurring” Special Event shall be filed no less than 30 calendar days prior to the scheduled event. Applications submitted late will be processed to the extent practical, but the City cannot guarantee that the application will be reviewed in time to issue a permit prior to the scheduled event.
b. When a timeframe or deadline established in this Article results in an application being due on a weekend, holiday or a day the City is closed for business, the application shall be due on the business day immediately following said weekend, holiday or closed business day.
Sec. 7.5.3 Application Submittal Standards
This section sets out the application submittal requirements for a Special Event Permit.
(1) Special Event Application
a. An application for a Special Event Permit as required under this Article shall be submitted to the official responsible for accepting the application to include:
i. Completed Application
ii. Site Plan
iii. Parade Route (as applicable)
iv. Operational Plan
a) Parking
b) Circulation
c) Security
d) Emergency Plan
v. Clean-Up Plan (subject to enforcement through current applicable ordinances). Certain events within the park system and public roadways may require a clean-up deposit not to exceed $500.
vi. Insurance- Permitee must carry General Liability insurance of $1,000,000 per occurrence and statutory limits of Auto Liability coverage. The City of Grand Prairie must be an additional insured on the policy and addressed as certificate holder. Permitee’s insurance should be primary and include Waiver of Subrogation in favor of the city. Insurance provided by the permitee must cover all operations of the Special Event including but not limited to participants, subcontractors, vendors, exhibitors, volunteers, etc. If liquor is being served a minimum $1,000,000 Liquor Liability additional policy will be required. Additional insurance coverage may be required if the city determines other exposures exist based on the type of event, activities, and associated risks. The City also reserves the right to waive coverage requirements based on the type of event, activities, and associated risks. A current copy of the applicant’s insurance certificate must be submitted with the special event permit application. Permitee agrees to comply with City Ordinances, Building and Fire Codes.
(2) “Recurring” Special Event Application
a. An application for a “Recurring” Special Event Permit as required under this Article shall be submitted to the official responsible for accepting the application (see criteria as outlined in Sec. 7.5.3A).
Sec. 7.5.4 Application Review
(1) Complete Application
A complete application shall include information sufficient to determine whether the special event application conforms to the provisions of this article and other applicable regulations.
(2) Incomplete Application
An application that does not include the required information or is not accompanied by all required fees may be returned to the applicant as incomplete. No further processing of the application will occur until the deficiencies are corrected. An application will be reviewed for completeness. If the official determines that the application is complete, the application will be processed. If the official determines that the application is incomplete, the application may be returned to the applicant along with an explanation of the application’s deficiencies.
(3) Action on Application
a. The City shall examine or cause to be examined applications for permits and amendments therewith within a reasonable time after filing. If the application does not conform to the requirements of pertinent laws, the City shall reject such application in writing, stating the reasons therefore. If the City is satisfied that the proposed special event conforms to the requirements of this code and laws and ordinances applicable thereto, the City shall issue a special event permit therefore as soon as practicable.
b. If a special event permit application complies with all applicable requirements of this Article, the city may issue a permit for the special event, provided that:
i. The special event will not unnecessarily interrupt the safe and orderly movement of traffic near its location or route.
ii. A parade is scheduled to move from its point of origin to its point of termination without unreasonable delays in route.
iii. 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 are requested, submitted and approved (i.e. health permit applications, food service permit, agreement with Police Department for police coverage, agreement with Public Works/Streets Department regarding cost associated with street closure, and Fire/Emergency Medical Services, etc.)
c. The Deputy City Manager or designee may deny issuance of a special event permit if:
i. The special event will conflict in time and location with another special event or event as it may cause an impact on public safety personnel.
ii. The applicant fails to comply with, or the special event will violate, the special event rules and regulations, any City ordinance or any other applicable law.
iii. The applicant makes or allows the making of a false or misleading statement or omission of material fact on a special event application.
iv. The applicant has violated this Chapter or has had a special event permit revoked within the preceding 12 months.
v. The applicant fails to provide a proof of a license or permit required by any City ordinance or by other applicable law for the special event.
vi. The applicant fails to provide proof that the insurance requirements for the special event have been met.
vii. The special event would severely hinder the delivery of normal or emergency public services or constitutes a public threat.
d. If the Deputy City Manager or designee determines that the special event permit shall be denied, the Deputy City Manager or designee shall consider alternatives to the time, place or manner of the special event that would allow the special event to occur.
e. A special event permit shall be revoked upon the following conditions:
i. If the Police Chief, Fire Chief, Building Official, or other City Official, or their designated representatives, find that any of the provisions of this Chapter, another City ordinance, special event rule or regulation, or other applicable law is being violated, they shall immediately notify the Deputy City Manager or designee and based on that information, the Deputy City Manager or designee shall determine whether the special event permit shall be revoked.
ii. When, in the judgment of any of the above named City officials, a violation exists which requires immediate abatement, the City official shall have the authority to revoke a special event permit in the absence or unavailability of the Deputy City Manager or designee.
iii. The applicant made or allowed to be made a false or misleading statement or omission of material fact on a special event application that was not discovered until after the special event permit was issued.
Sec. 7.5.5. Exemptions
The following events are exempt from the permitting process:
(1) First Amendment Events
(2) Funeral processions
(3) National Night Out
(4) Block Party
(5) Governmental agencies acting within the scope of their authorized function
(6) Parks, Arts, and Recreation Department routine business
(7) Events or gatherings at city owned venues within the normal scope of business operations.
Sec. 7.5.6. Sale of Alcoholic Beverages
A Special Event or a “Recurring” Special Event may involve the sale of alcoholic beverages for on-site consumption only if the use is otherwise allowed in the zoning district, no specific use permit as defined in the unified development code is required.
Sec. 7.5.7. Duration and Hours of Operation
All special events shall be limited in duration to a period of fourteen (14) calendar days per occurrence. Except for “Recurring” Special Events there shall not be more than four (4) special events per calendar year involving the same event location and/or event permittee with a minimum of 2 months between events. The hours of operation for a permitted special event shall be between the hours of 07:00 am and 12:00 midnight. Any Special Event needing additional hours shall make the request during the application period and will be reviewed by a case by case basis.
Sec. 7.5.8. Extension of Time
If a person or organization desires additional time or duration beyond the fourteen (14) days allowed per special event or more than four (4) occurrences per calendar year or less separation than two (2) months, then the request must be acted upon by the Deputy City Manager or designee. The request, along with any supporting information shall include plans or documents deemed appropriate or necessary. If the Deputy City Manager or designee determines that the extension shall be denied, the Deputy City Manager or designee shall consider alternatives to the time, place or manner of the special event that would allow the special event to occur.
Sec. 7.5.9. Garage Sales
Nothing contained herein shall supersede the garage sale ordinance, or any other applicable ordinances established in the City Code of Ordinances, nor does this chapter apply to garage sales.
Sec. 7.5.10. Vested Rights
Nothing contained herein shall be construed as creating any vested rights.
SECTION 2. Severability.
If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.
SECTION 3. Cumulative Clause.
All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.
SECTION 4. Penalty Clause.
Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in accordance with Texas law and Section 1-8 of the Code of Ordinances, with a maximum fine of two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 5. Effective Date.
This ordinance shall become effective from and after its passage and publication as provided by law on October 1, 2017.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, JULY 18, 2017.