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OR 2006-1139 Repealing ordinance No. 2003-1065 and amending code of ordinances AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. 2006-1139 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REPEALING ORDINANCE NO. 2003-1065 AND AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY REPEALING ARTICLE 6-5, SPECIAL EVENTS, IN ITS ENTIRETY AND REPLACING WITH A NEW ARTICLE 6-5; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PERMIT AND EXEMPTIONS; PROVIDING FOR THE REGULATION OF BLOCK PARTIES, PARADES AND SPECIAL EVENTS; PROVIDING FOR APPROVAL OF PLANS; PROVIDING FOR THE ISSUANCE, DENIAL AND REVOCATION OF A PARADE OR SPECIAL EVENT PERMIT; PROVIDING FOR THE APPEAL OF DENIAL OR REVOCATION OF PERMIT; PROVIDING FOR THE CONTENTS OF PERMIT; PROVIDING OPERATING PROCEDURES; PROVIDING FOR AN INDEMNIFICATION STATEMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. This ordinance hereby repeals Ordinance No. 2003-1065 in its entirety; and SECTION 2. The Code of Ordinances of the City of Coppell, Texas is hereby amended by amending Article 6-5 in part to read as follows: “ARTICLE 6-5 – SPECIAL EVENTS Sec. 6-5-1 DEFINITIONS. The following words and phrases, when used in this Article, shall, for the purpose of this article, have the meanings respectively ascribe to them in this section; 1 70056 Applicant means a person or organization who has filed a written permit application for a block party, parade or special event. Block party means the use of a residential street for a neighborhood function in which traffic control is required. City means the City of Coppell, Texas. Committee Review is required when the Special Event Coordinator determines that the parade or special event permit application requires evaluation by the Special Event Review Committee to determine if additional city services, supplementary permits and follow-up inspections will be required. Concession means a facility at a special event where food or drink is offered to the public. Licensee means the applicant, promoter, or organization to whom the parade or special event permit has been issued. Non-Committee Review is determined by the Special Event Coordinator and means the block party, parade or special event permit application does not require evaluation by the Special Event Review Committee and may be approved by the Special Event Coordinator. Non-Profit means not maintained or organized for profit, as recognized by the State of Texas and the Federal Tax Code. Parade means the assembly of three or more persons whose gathering is the common design and purpose of traveling or marching in procession from one location to another location on a public thoroughfare or right-of- way to express feelings and beliefs on current political, religious or social issues. Parade shall include runs, walks, relays, marathons, or similar events. Parade Route Notification means signage posted at the affected intersections or along the trail system one week prior to the event. Pavilion Rental is administered by Parks and Recreation. All pavilion rental paperwork is managed and fees collected by Parks and Recreation, and are completely separate from any and all fees associated with the Special Event permit application process. Person means any individual, assumed name entity, partnership, association, corporation or other organization. 2 70056 Permit shall mean the City of Coppell’s agreement giving the applicant/promoter permission to hold the block party, parade or special event, on the terms and conditions stated in the permit and subject to the rules, regulations, and requirements of this Ordinance. The parade or special event should not be considered approved until committee reviewed permit applications are signed off by the Special Event Review Committee and issued to the applicant/promoter or non-committee reviewed applications are signed off by the Special Event Coordinator and issued to the applicant/promoter. Promoter means the person or organization seeking to hold the special event, including the promoter’s employees, agents, affiliates, successors, permitted assigns, and other persons controlled by the promoter. The applicant and the promoter may be the same in some events. Reimbursable Costs means all costs and expenses incurred by the City for activities associated with staging of the event, including, without limitation, the following: -Utilities services provided to the special event, including all of the costs of installation, maintenance, and connection. -Barricades and cones. -Special Event parking. -Food services inspection. -Repair, maintenance and removal of facilities in the event of a failure of applicant/promoter. -Repair of streets, alleys, sidewalks, parks and other public property. -Police protection. -Fire protection. -Emergency medical service. -Garbage disposal and cleanup. -Traffic control. -Other direct costs associated with the special event. 3 70056 Sidewalk means that portion of a street intended for the use of pedestrians that is located between the curb lines, or lateral lines of a roadway, and the adjacent property lines. Special Event means a temporary event or gathering, other than those events defined in this ordinance as a parade, using either private or public property, which involves one or more of the following activities, except when the activity is for construction or house moving purposes only: (a)closing a public street; (b)blocking or restriction of public property, limiting the use of parks by the general public, and streets; (c)offer of merchandise, food, or beverages on public property or on private property where otherwise prohibited by ordinance; (d)erection of a tent on public property, or on private property where otherwise prohibited by ordinance; (e)installation of a stage, band shell, trailer, van, portable building, grandstand or bleachers on public property, or on private property where otherwise prohibited by ordinance; (f)placement of portable toilets on public property, or on private property where otherwise prohibited by ordinance; and (g)placement of temporary no parking signs in a public right-of-way. Special Event Coordinator shall mean the city employee, as designated by the City Manager, responsible for reviewing the initial special event permit application, coordinating meetings between the applicant/promoter and city representatives, and collecting special event permit fees. The Special Event Coordinator shall chair the Special Event Review Committee. Special event/parade permit means approval from the City or its designated representative for a parade or special event. The parade or special event should not be considered approved until committee reviewed permit applications are signed off by the Special Event Review Committee and issued to the applicant/promoter or non-committee reviewed applications are signed off by the Special Event Coordinator and issued to the applicant/promoter. Special Event Review Committee shall mean a committee consisting of a representative from each of the following city departments: Building 4 70056 Inspections, Emergency Management, Environmental Health, Fire, Human Resources/Risk Management, Parks & Recreation, Police, Streets, and additional city staff as determined by the Special Event Coordinator upon review of the Special Event permit application. The Special Event Review Committee will meet on a monthly basis, or as needed. The Special Event Review Committee shall review the parade or special event permit application and procure from the applicant/promoter such clarifications and additional information necessary for the approval, denial or revocation of the permit using the outlines within this ordinance. The Special Event Review Committee and other related city personnel shall enforce the Special Events Ordinance. Street means the entire width between the boundary lines of every way publicly maintained, when any part is open to the use of the public for purposes of vehicular travel. Sec. 6-5-2 PERMIT REQUIRED; EXEMPTIONS A.A person commits an offense if he engages in, participates in, aids, or commences a parade or special event within the city without first making written application for and receiving a parade or special event permit from the City. B.No parade or special event permits shall be required under this article for the following: 1.the Armed Forces of the United States of America, the military forces of the State of Texas, political subdivisions of the State of Texas, and the forces of the police and fire departments acting within the scope of their duties. 2.a funeral procession proceeding by a vehicle under the most reasonable route from a funeral home, church, or residence to the place of service or place of internment. 3.a peaceful demonstration at a fixed location which is not a street. 4.a sidewalk procession which observes and complies with the traffic regulations and traffic control devices, using that portion of a sidewalk nearest the street, but at no time using more than one-half of the sidewalk. 5 70056 Sec. 6-5-3 PERMIT APPLICATION A.A person desiring to hold a block party, parade or special event shall apply for a permit by filing with the Special Event Coordinator a written permit application upon a form provided for that purpose. Each parade and special event permit application shall be accompanied by an application fee in the amount outlined in the City’s Master Fee Schedule approved by City Council for committee and non-committee review. A permit application for a parade or special event shall be made not less than sixty days prior to the date and time of the commencement of the parade or special event. An application for a block party shall be made not less than twenty-one days prior to the date and time of the commencement of the block party. The Special Event Coordinator and/or the Special Event Review Committee may waive the twenty-one or sixty-day filing requirements for a block party, parade or special event if the Special Event Coordinator and/or the Special Event Review Committee determines that the permit application can be processed in less than twenty-one or sixty days, taking into consideration the type of block party, parade or special event. If the parade or special event permit application is submitted later than the required time as stated above, an expedited review fee may be required, the amount shall be outlined in the City’s Master Fee Schedule approved by City Council. B.Parade or special event permit applications will be processed on a first come basis and no parade or special event will be considered an annual event tied to a specific date. Parade or special event permit applications will not be accepted more than a year in advance for a specific date. C.A block party, parade or special event permit application must contain the following information: 1.the name, address, telephone number, email address, date of birth, and driver’s license number of the applicant/promoter, and, of any other persons responsible for the conduct of the block party, parade or special event; 2.a description of the parade or special event and the requested dates and hours of operation of the block party, parade or special event; 3.a set of detailed plans showing the area to be used during the special event including proposed structures, tents, fences, barricades, signs, banners, and restroom facilities; 6 70056 4.the time and location of street closings, if any are requested for the block party, parade or special event; 5.details of the offer of merchandise or serving of food or alcoholic beverages at the parade or special event; 6.details of how the applicant/promoter will clean up the area used after the parade or special event; 7.the parade’s commencement and termination time, the starting and termination points, and the specific route to be traveled provided in written format including detailed directions as well as in an illustrated or map format; 8.the estimated number of persons to participate in the parade or special event; 9.the estimated number, if any, of animals, animals and riders, animal-drawn vehicles, floats, motor vehicles, motorized displays, and marching units or organizations such as, but not limited to bands, color guards, and drill teams; 10.prior approval by the Parks & Recreation Department to use the trail system or park facilities for a special event, if applicable; 11.proof of non-profit status; and 12.copy of contract, agreement, or details outlining arrangement between applicant and promoter upon request. Sec. 6-5-4 APPROVAL OF PLANS A.When considering approval of a permit application, the Special Event Review Committee may consider (without limitation) the following factors: 1.whether the permit application allows for ample opportunity to properly plan and prepare for the parade or special event; or 2.whether the parade or special event is likely to promote the city in a positive manner; or 7 70056 3.whether the parade or special event is likely to promote tourism by attracting visitors; or 4.whether the parade or special event is likely to benefit Coppell businesses; or 5.whether the parade or special event is likely to promote family entertainment; or 6.whether the parade or special event is likely to enhance a sense of community; or 7.whether, police, fire and other city services will be unduly burdened or adversely affected by the parade or special event; and 8.whether the parade or special event is reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance. B.No person shall be discriminated against on the grounds of race, color, national origin or disability. C.The applicant/promoter should consider the parade or special event approved upon receipt of the permit application executed by the Special Event Review Committee or Special Event Coordinator prior to the start of the special event for (without limitations) the plans described below. D.The City, by approving such plans, assumes no liability or responsibility therefor. E.The following plans shall be required or specific procedures or guidelines may be mandated by the city department(s) enforcing specific plan(s) and specifications related to the parade or special event: 1.Facilities: a comprehensive set of plans and specifications relating to all temporary facilities to be constructed or utilized for the special event. A building permit from the Building Inspections Department is required. 2.Fire Protection: a comprehensive plan for prevention of fires and for adequate protection of persons and property in the event of a fire, including, without limitation, adequate exits, fire extinguishers, adequate access for fire trucks and 8 70056 emergency vehicles. The fire protection plan shall be coordinated through the office of the Fire Marshal. 3.Food and Beverage Service: a comprehensive plan to provide food and beverage concessions. The Environmental Health Department shall approve the plan. 4.Emergency Medical Service: a comprehensive plan to provide adequate emergency medical services at the parade or special event. The plan shall be coordinated through the Fire Department. 5.Parking, assembly or disassembly of parade participants: a comprehensive plan to provide adequate parking for the proposed parade or special event, including written permission by all of the owners of land to be used for the parade, special event or off-site parking. 6.Police Protection: a comprehensive plan providing for adequate safety, security, traffic and crowd control in connection with the parade or special event. The plan shall be coordinated through the Coppell Police Department. 7.Promotional: if applicable, comprehensive plan to promote, market, and advertise the parade or special event. Signs and banners shall be permitted through the Building Inspection Department. 8.Sanitation Plan: a comprehensive plan to insure that the highest standards of cleanliness, sanitation and recycling are maintained at the special event including adequate restroom facilities and appropriate refuse and recycling containers to accommodate refuse generated by its patrons and operations and a plan to empty the containers frequently so as to prevent overflow. 9.Emergency Medical Service, Police Protection, and Fire Protection beyond that level normally provided will be supplied by the appropriate City department as deemed necessary by the Chief of Police, the Fire Chief, or their designee, at the applicant/promoter’s expense. 10.Emergency Operations Plan: The Emergency Management Officer shall develop and distribute an emergency plan intended to provide various options to meet the needs of the patrons and staff in the event of an emergency, given the 9 70056 constraints of the site. It is further intended to function as an addendum to the City of Coppell’s emergency management plan. Sec. 6-5-5 ISSUANCE, DENIAL AND REVOCATION OF A PARADE OR SPECIAL EVENT PERMIT A.Upon receipt of an application for a parade or special event permit, the Special Event Coordinator shall schedule the event on the appropriate Special Event Review Committee monthly agenda, or forward the application to Parks and Recreations for authorization to use a park and/or park trail system on the date(s) requested, or approve the application. B.The Parks and Recreation Director or designated representative will consider authorization of a special event in the park system based on the park/trail use policy, number of events per year and impact on city facilities and resources. C.If it is determined the special event will conflict with events already scheduled in the park system and possibly cause a shortage of parking spaces and pedestrian traffic congestion the Parks and Recreation Director or designated representative may deny or attempt to reschedule the special event. If an alternate date is not viable, the applicant will be refunded one-half of the committee review application fee. D.The Special Event Review Committee shall meet on a monthly , basisor as needed, to review pending special event permit applications. If required, specially called Special Event Review Committee meetings may be scheduled. The Committee shall make findings deemed appropriate and approve or deny the permit application. E.Should the applicant/promoter for a parade or special event permit reveal that the route requested would interfere with the orderly flow of vehicular and pedestrian traffic, the Special Event Review Committee shall have the authority to establish a reasonable alternate route and regulate the width of the event. F.The Special Event Review Committee may deny a parade or special event permit application when said event for which the permit is requested would: 1.cross or use as a route, or as part of a route, any of the following: 10 70056 (a)State Highway 121 (b)Highway 635 (c)East Beltline Road (d)South Beltline Road (e)Denton Tap Road (f)Sandy Lake Road (g)MacArthur Boulevard 2.take place at the same location and/or time as a previously approved parade, special event, sports activity; or 3.begin during, or within two hours of the start or after the end of a parade or special event for which a permit has been granted and follow a route that passes within one-half mile of any point of the route of the parade or special event for which a permit has been granted; or 4.unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available; or 5.begin and/or end outside the city limits, unless or until the applicant/promoter receives approval from the adjacent City where the parade or special event begins or ends. G.The Special Event Review Committee may deny a parade or special event permit application if: 1. the applicant/promoter fails to adequately provide for: (a)the protection of event participants; or (b)maintenance of public order in and around the special event location; or (c)crowd security; taking into consideration the size and character of the event; or (d)emergency vehicle access; or 11 70056 (e)safe sanitary conditions for preparation or operation of food concessions. 2.the applicant/promoter fails to provide a Certificate of Liability Insurance naming the City of Coppell as additional insured in the amount designated by the Human Resources/Risk Management representative to the Special Event Review Committee. Applicant/promoter must also provide the Certificate of Liability Insurance and an Endorsement Agreement not less than ten days prior to the date of the parade or special event; 3.the applicant/promoter fails to comply with, or the proposed parade or special event will violate a city ordinance or other applicable law, unless the prohibited conduct or activity would be allowed under this article; 4.the applicant/promoter makes a false statement of material fact on an application for a parade or special event permit; 5.the applicant/promoter fails to provide proof that he possesses or is able to obtain all licenses and/or permits required by this code or other city ordinances or by other applicable law for the conduct of all activities included as part of the parade or special event; 6.the applicant/promoter fails to notify the businesses affected by the parade or special event, in writing, of street closures ten days prior to the event; 7.the applicant/promoter has had a parade or special event permit revoked within the preceding twelve months or the applicant/promoter has committed two or more violations of a condition or provision of a parade or special event permit or of this article within the preceding twelve months; 8.the applicant/promoter fails to pay any outstanding costs owed to the City for past parade or special event permits; 9.the applicant/promoter fails to submit the required fees and agree in writing to reimburse the City for the estimated costs for the proposed parade or special event; 12 70056 10.the proposed parade or special event would unduly burden City services; 11.after evaluation by the Special Event Review Committee, it is determined the City of Coppell, or its citizens, would not benefit from the parade or special event because: (a)the permit application does not allow for ample opportunity to properly plan and prepare for the parade or special event; or (b)the parade or special event is not likely to promote the city in a positive manner; or (c)the parade or special event is not likely to promote tourism by attracting visitors; or (d)the parade or special event is not likely to benefit Coppell businesses; or (e)the parade or special event is not likely to promote family entertainment; or (f)the parade or special event is not likely to enhance a sense of community; or (g)police, fire and other city services will be unduly burdened or adversely affected by the parade or special event; and (h)the parade or special event is reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance. H.The City may revoke a parade or special event permit if: 1.the permit holder made a false statement of material fact on an application for a parade or special event permit. 2.the applicant/promoter has had a parade or special event permit revoked within the preceding twelve months or the applicant/promoter/ has committed two or more violations of a condition or provision of a parade or special event permit or of this article within the preceding twelve months. 13 70056 3.the applicant/promoter fails to comply with or the parade or special event is in violation of a condition or a provision of the parade or special event permit, an ordinance of the city, or any other applicable law, or 4.the applicant/promoter failed to provide a Certificate of Liability Insurance and endorsement agreement naming the City of Coppell as additional insured in the amount designated ten days prior to the event; 5.the applicant/promoter failed to pay any outstanding fees or estimated costs owed to the City for the parade or special event permit; 6.the parade fails to begin in a timely manner as determined by the Police Chief, Fire Chief, Special Event Coordinator, or their designates. I.An applicant, promoter or organization shall be limited to no more than two parades or special events per year. City of Coppell sponsored parades or special events are exempt from this requirement. J.The Special Event Review Committee may prescribe licenses and permits required by other city ordinances, or applicable law, restrictions, regulations, cost for city services, safeguards, and other conditions necessary for the safe and orderly conduct of a parade or special event, to be incorporated into the permit before issuance. K.The Special Event Review Committee shall provide the Special Event Coordinator the estimated cost for city services provided by their respective department to ensure the safe and orderly operation of the parade or special event. The Special Event Coordinator will prepare and provide the applicant/promoter with an invoice detailing these estimated costs. Payment will be required not less than five days prior to the date of the parade or special event. If the actual costs for city services are less than estimated, the City will issue a refund to the special event applicant/promoter no less than two weeks after the special event. L.Block parties and events sponsored by the city of Coppell or school district(s) within the city of Coppell will be exempt from fees associated with this ordinance; however, non-profit organizations will not be exempt from fees associated with this ordinance. 14 70056 Sec. 6-5-6 APPEAL OF DENIAL OR REVOCATION OF PERMIT If the Special Event Review Committee denies the issuance or revokes a permit application, the Special Event Coordinator shall send to the applicant/promoter or permit holder, by certified mail, return receipt requested, written notice of the denial or revocation, and of the right to an appeal. The applicant will be refunded one-half of the committee review application fee only when an alternate date for the parade or special event is not viable. The decision of the Special Event Review Committee is final unless the applicant/promoter or permit holder appeals the decision within three business days to the City Manager, in writing. The City Manager shall, within three business days after the appeal is filed, consider all the evidence in support of or against the action appealed and render a decision either sustaining or reversing the denial or revocation. The decision of the City Manager shall be final. Sec. 6-5-7CONTENTS OF PERMIT Each block party, parade or special event permit application shall state the date(s), starting time, ending time, location, and other special conditions or requirements necessary for the safe and orderly conduct of the block party, parade or special event. The course of the parade or special event should be provided in written format including detailed directions as well as in an illustrated or map format. Sec. 6-5-8 OPERATING PROCEDURES A.A block party, parade or special event shall not substantially interrupt the safe and orderly movement of traffic near the block party, parade or special event. B.The City has the right (but not the obligation) to postpone, cancel or close early the parade or special event because of hazardous weather or other acts of God or for public safety and welfare. The City shall have no liability for such postponement, cancellation, or closure. Further, the City shall have no liability from the failure to postpone, cancel, or close early the parade or special event under such conditions. C.A parade shall move from its point of origin to its point of termination without unreasonable delays en-route. D.Any child participating in a parade or special event must have adult supervision. 15 70056 E.Each marching unit, organization or entry in the parade will only be allowed to conduct one stationary performance at a specified and approved location during the parade route. F.A block party, parade or special event shall not interfere with proper fire and police protection of, or ambulance service to, areas near the block party, parade or special event or unreasonably require the diversion of police and fire protection and ambulance service from other parts of the City. G.A permit holder shall comply with all directions and conditions contained within the permit and with all city ordinances and other applicable laws. H.The City, when reasonably necessary, may prohibit or restrict the parking of vehicles along a street or highway or part thereof on a parade route or part thereof or on the approach to a parade or special event. The City shall post notice to such effect; and it shall thereafter be unlawful for any person to park, leave, or strand any unattended vehicle in violation thereof. I.The City, when reasonably necessary, may temporarily close or restrict the use of City streets or other public property for a parade or special event. The Director of Engineering is authorized to install temporary traffic control devices for the temporary closure or restriction of City streets and public property for parades or special events. It shall be unlawful for any person to disregard or disobey any such temporary traffic control device. J.The City, when deemed necessary, may require the applicant/promoter of a parade or special event to utilize chip timing. K.The driver of any vehicle shall obey the instruction of any traffic control device applicable thereto placed in accordance with the City of Coppell Code of Ordinances or the Texas Transportation Code, unless otherwise directed by a police officer. L.Speeds greater than 15 miles per hour are not reasonable and prudent. A person operating a parade float or other parade vehicle at a speed greater than 15 miles per hour is subject to removal from the parade by a police officer or other parade official. M.Operators of parade floats and other parade vehicles will make every attempt to keep a maximum of 30 feet between their float and the float operated directly in front of them. Operators of 16 70056 parade floats and other parade vehicles that continually lag behind the steady course of the parade may be removed from the parade by a police officer or other parade official. N.Operators of specialized vehicles or performance-enhanced vehicles in the parade shall be mindful of statutes in the Texas Transportation Code as they relate to the safe operation of motor vehicles. Especially Section 545.401. Reckless Driving; Offense. (a) A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property. Additionally, any operator of a vehicle participating in an exhibition of acceleration will be cited by law enforcement officers and immediately removed from the parade. O.Riders of floats must keep all appendages contained within the float and away from any and all wheel wells. P.Decorations, equipment and paraphernalia must be firmly attached to the float or deemed safe by city personnel enforcing the Special Event Ordinance. Q.The throwing, tossing, or distribution of candy, beads, or other material from a parade float or other vehicle is specifically prohibited. Candy, beads, or other material may be distributed to spectators by walkers adjacent to parade floats or other vehicles provided that such distribution does not interfere with the orderly movement of the parade and no spectators are required to move into the parade path to retrieve said material. Any violation of this provision will result in the parade float or vehicle removal from the parade. R.All floats or decorated vehicles utilizing portable generators shall carry a 2A:10BC fire extinguisher with a current inspection tag. S.Float length shall not exceed 55 feet, including the tow vehicle, nor shall the width or height exceed 14 feet. T.The operator of any animal shall obey the instruction of law enforcement personnel as well as any traffic control device set up for the parade. U.All horses and riders participating in a parade or special event must be able to demonstrate to designated representatives for the City an acceptable level of desensitization on the part of the horse(s). Horses must demonstrate they do not have any uncontrollable “fight or flight” mechanism when around crowds, noises, flags and 17 70056 numerous distractions that are possibly around or close by the horses at such events. V.All horse riders who wish to participate in any parade or special event in the City shall attend a pre-parade planning meeting. Failure to attend shall eliminate the rider or group of riders from participating in that particular parade or special event. W.All riders shall sign a standard liability release, which will be collected by city representative(s) at the pre-planning meeting. X.All riders must also show their ability to handle their mount in activities such as a parade or special event where there are crowds and distractions. The actions of any animal entered into a parade or special event are the responsibility of the rider/keeper. If an animal displays behavior that seems to jeopardize the safety of parade entrants or bystanders, the animal will be subject to removal from the parade or special event by parade officials. Y.Riders 12 years of age and up to 16 years of age must show an acceptable ability to handle their mount at such events and under the conditions stated above. There must be a ratio of 2:1 17-year- olds or older for every 12-16 year old rider in the parade. Additionally, horses ridden by 12-16 year olds must have either a “catch rope” assembly or halter and lead rope rigging attached to the horse during the course of the event to aid in gaining control of the horse immediately if the horse were to show signs of becoming uncontrollable. Riders of this age group must have either an experienced horseman/horseperson by them at all times during the parade or special event either on horseback or walking whereas this person can take immediate control of the horse using the catch rope or halter/lead rope device ensuring the safety of the rider and individual(s) that might be in close proximity to the horse(s). Z.Riders under the age of 12 years of age will not be allowed to handle or ride full grown and mature horses at parades or special events. The only exception that would be considered by the designated city representative would be where riders under the age of 12 are paired up and riding very small ponies; i.e., Shetland ponies and where such a rider has an experienced horseman/horseperson by their side at all times and the ponies are equipped with “catch rope” or halter/lead rope assemblies. AA.The equestrian/animal unit shall provide a list of participants and proof of insurance liability that would cover the rider and horses as well as the city from any liability resulting from any incident that 18 70056 might occur during the parade or special event ten days prior to the special event or at the pre-parade planning meeting. BB.Each equestrian/animal unit shall provide their own clean-up crew and equipment. The clean-up crew shall be positioned directly behind the unit. Sec. 6-5-9 INDEMNIFICATION An applicant/promoter for a parade or special event permit must execute a written agreement to indemnify the City and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the special event. This indemnification shall include the following statement: “LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulations arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors, or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect, and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the negligence or willful misconduct of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault determined against CITY for its willful misconduct. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, its officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof.” Sec. 6-5-10 OFFENSES A person commits an offense if he knowingly: 1. commences or conducts a parade or special event without the appropriate permits or fails to comply with any requirement or condition of a permit or this article. 2.participates in a parade or special event for which a permit has not been granted.” 19 70056 SECTION 2. That all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudge or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm or corporation violation any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect from and after its passage and the publication of the caption as the law and charter provide. 20 70056 DULY PASSED by the City Council of the City of Coppell, Texas on the I~ day of ([)~ ,2006. ATTEST: 21 70056