OR 93-604 Defining special events AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 93604
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY
AMENDING ARTICLE 6-5; PROVIDING FOR THE REGULATION OF
PARADES, SPECIAL EVENTS AND BLOCK PARTIES; PROVIDING FOR
A PERMIT AND EXEMPTIONS; PROVIDING FOR THE REVOCATION,
TERMINATION AND APPEAL OF PERMIT; PROVIDING SEVERABILITY
CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE
SUM OF FIVE HUNDRED DOLLARS ($500.00); AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That 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 ascribed
to them in this section;
Applicant means a person who has filed a written application for a
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.
Concession means a facility at a special event where food or drink
is offered to the public.
Parade means the assembly of three or more persons whose
gathering is for the common design and purpose of traveling or
marching in procession from one location to another location to
express feelings and beliefs on current political, religious or social issues.
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AGG041A5
Person means any individual, assumed name entity, partnership,
association, corporation or other organization.
Promoter means the person seeking to hold the special event,
including the Promoter's employees, agents, affiliates, successors,
permitted assigns and other persons controlled by the Promoter.
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.
Food services inspection.
Repair, maintenance and removal of facilities in the event of
a failure of 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
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.
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.
Special event/parade permit means written approval from the city
or its designated representative for a parade or special event.
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Special event means a temporary event or gathering 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 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;
(g) placement of temporary no parking signs in a public right-of-
way.
Sec. 6-5-2 PERMIT REQUIRED; EXEMPTIONS
A. A person commits an offense if he engages in, participates in,
aids, or commences a special event or parade within the city
without first making written application for and receiving a
permit from the City.
B. No 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
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residence to the place of service or place of
internmerit.
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.
Sec. 6-5-3 APPLICATION
A. A person desiring to hold a special event, or parade shall
apply for a permit by filing with the City a written application
upon a form provided for that purpose. Each application shall
be accompanied by a non-refundable application fee in the
amount determined from time to time by resolution of the City
Council. An application for a parade permit for a parade or a
block party shall be made not less than twenty-one days prior
to the date and time of the commencement of the parade or
block party. An application for a special event shall be made
not less than sixty days prior to the date and time of the
commencement of the special event. The City may waive the
sixty and twenty-one day filing requirements for a block,
parade or special event permit if the City determines that the
application can be processed in less than forty-five days,
taking into consideration the type of special event.
B. An application must contain the following information:
1. the name, address, telephone number, date of birth,
and driver's license number of the applicant and of any
other persons responsible for the conduct of the
parade or special event;
2. a description of the parade or special event and the
requested dates and hours of operation of the event or
parade;
3. the estimated number of persons participating in the
parade or special event and a set of detailed plans
showing the area or route to be used during the
parade or special event including proposed structures,
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tents, fences, barricades, signs, banners and restroom
facilities;
4. details of how applicant proposes to provide security
and traffic control;
5. the time and location of street closings, if any are
requested;
6. details of the offer of merchandise or serving of food or
alcoholic beverages at the special event, designating
any street vendors or peddlers involved;
7. description of animals to be used;
8. details of how the applicant will clean up the area used
after the special event; and proof that the applicant
possesses or is able to obtain all licenses and permits
required by this code or other city ordinance or by
state law for the conduct of the special event;
9. the parade's commencement and termination time, the
specific route to be traveled, and the starting and
termination points;
10. the estimated number of persons to participate in the
parade and the estimated number of animals that will
be used;
11. the estimated number, if any, of animals and riders,
animal-drawn vehicles, floats, motor vehicles, motorized
displays, and marching units or organizations such as
bands, color guards and drill teams;
12. if applicable, a petition of notification signed by
substantially all of the households or businesses of the
area affected by a block party;
13. proof of any type of insurance as deemed appropriate
by the City and in the amount deemed appropriate by
the City.
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Sec. 6-5-4 APPROVAL OF PLANS
A. A Permit shall be subject to Promoter receiving City approval
at least thirty days before the start of the Special Event for
(without limitations) the plans described below.
B. The City by approving such plans assumes no liability or
responsibility therefor.
C. The following plans shall be required:
1. Facilities: a comprehensive set of plans and
specifications relating to all temporary Facilities to be
constructed or utilized for the special event.
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 emergency vehicles.
3. Food and Beverage Service: a comprehensive plan to
provide food and beverage concessions.
4. Emergency Medical Service: a comprehensive plan to
provide adequate emergency medical services at the
special event.
5. Parking: a comprehensive plan to provide adequate
parking for the proposed special event including written
permission in the form provided by the City executed
by all of the owners of the land to be used for the
special event.
6. Police Protection: a comprehensive plan providing for
adequate safety, security, traffic and crowd control in
connection with the special event.
7. Promotional: if applicable, a comprehensive plan to
promote, market and advertise the special event.
8. Sanitation Plan: a comprehensive plan to insure that
the highest standards of cleanliness and sanitation are
maintained at the special event including adequate
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restroom facilities and appropriate refuse 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 and Fire
Chief at Applicant's expense.
Sec. 6-5-5 ISSUANCE, DENIAL AND REVOCATION OF PARADE PERMIT
A. Upon receipt of an application for a parade permit, the City
shall furnish to the applicant within fourteen days, appropriate
approval or denial of the permit.
B. Should the application for a parade permit reveal that the
parade route requested will interfere with the orderly flow of
vehicular and pedestrian traffic, the City shall have the
authority to establish a reasonable alternate route and
regulate the width of the parade.
C. The City may deny a parade permit when the parade for
which the permit is requested would:
1. Cross or use as a route, or as a part of a route, any of
the following:
(a) State Highway 121
(b) Highway 635
2. Begin during, or within two hours after the end of, a
parade for which a permit has been granted and follow
a route that passes within one haft mile of any point of
the route of the parade for which a permit has been
granted; or
3. Unreasonably disrupt the orderly flow of traffic and no
reasonable means of rerouting traffic or otherwise
meeting traffic needs is available.
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4. Begin or end outside the city limits of the City of
Coppell unless or until the applicant receives approval
from the City Council.
D. The City may revoke a parade permit if:
1. The parade fails to begin in a timely manner as
determined by the Police Chief, Fire Chief or their
designates.
2. Information contained in the application for a parade
permit is found to be false in any material detail.
3. The applicant has had a parade permit revoked within
the preceding twelve months or the applicant has
committed two or more violations of a condition or
provision of a special permit or of this article within the
preceding twelve months;
Sec. 6-5-6 DENIAL AND REVOCATION OF SPECIAL EVENT PERMIT
A. Upon receipt of an application for a special event, the City
shall forward a copy of the application to the City
departments.
B. The City departments and the City 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 safe and orderly conduct of a
special event, to be incorporated into the permit before
issuance.
C. A deposit of one half of the estimated cost required to be paid
to the city as the result of a special event must received by
the City not less than five days before the date of the special
event as shown on the special event permit. All or part of the
fees required to be reimbursed to the city as a result of a
special event may be waived by resolution of the City Council.
The City shall advise the applicant for a special event permit
the estimated cost for city services, safeguards, and other
conditions necessary for the safe and orderly conduct. Prior
to the issuance of the permit the applicant shall agree in
writing to pay such deposit at least five days prior to the
event.
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D. The City may deny a special event permit if:
1. a special event permit has been granted for another
special event at the same place and time;
2. the proposed special event will occupy any part of a
freeway, expressway, or state highway;
3. the proposed special event will unreasonably disrupt
the orderly flow of traffic and no reasonable means of
rerouting traffic or otherwise meeting traffic needs is
available;
4. The applicant fails to adequately provide for:
(a) the protection of event participants;
(b) maintenance of public order in and around the
special event location;
(c) crowd security; taking into consideration the
size and character of the event;
(d) emergency vehicle access; or
(e) safe sanitary conditions for preparation or
operation of food concessions.
5. the applicant fails to comply with, or the proposed
special event will violate a city ordinance or other
applicable law, unless the prohibited conduct or activity
would be allowed under this article;
6. the applicant makes a false statement of material fact
on an application for a special event permit;
7. the applicant fails to provide proof that he possesses
or is able to obtain a license or permit required by city
ordinance or other applicable law for the conduct of all
activities included as part of the special event;
8. the applicant has had a special event permit revoked
within the preceding twelve months or the applicant
has committed two or more violations of a condition or
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provision of a special permit or of this article within the
preceding twelve months;
9. the applicant fails to pay any outstanding costs owed
to the city for a past special permit;
10. applicant fails to submit the required deposit and agree
in writing to reimburse the city for the estimated costs
for the proposed special event;
11. the proposed special event would unduly burden City
services; or
12. said special event begins and ends outside the city
limits, unless or until the City Council approves the
event.
E. The City shall revoke a special permit if:
1. applicant fails to comply with or the special event is in
violation of a condition or a provision of the special
event permit, an ordinance of the city, or any other
applicable law; or
2. the permit holder made a false statement of material
fact on an application for a special event permit.
Sec. 6-5-7 APPEAL OF DENIAL OR REVOCATION OF PERMIT
If the City denies the issuance or revokes a permit, it shall send to
the applicant or permit holder by certified mail, return receipt
requested, written notice of the denial or revocation and of the right
to an appeal. The decision of the City is final unless the applicant or
permit holder appeals the decision within three days to the City
Manager in writing. The City Manager shall, within twenty-four hours
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.
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Sec. 6-5-8 CONTENTS OF PERMIT
Each special event or parade permit shall state the date, starting
time, ending time, location and other special conditions or
requirements necessary for the safe and orderly conduct of the
special event or parade.
Sec. 6-5-9 OPERATING PROCEDURES
A. A special event or parade shall not substantially interrupt the
safe and orderly movement of traffic near the special event or
parade route.
B. A parade shall move from its point of origin to its point of
termination without unreasonable delays en-route.
C. A special event or parade shall not interfere with proper fire
and police protection of, or ambulance service to, areas near
the special event or the parade or unreasonably require the
diversion of police and fire protection and ambulance service
from other parts of the city.
D. A permit holder shall comply with all directions and conditions
contained within the permit and with all city ordinances and
other applicable laws.
E. 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 special event or parade. The City shall post notice to
such effect; and it shall thereafter be unlawful for any person
to park, leave, or stand any unattended vehicle in violation
thereof.
Sec. 6-5-10 INDEMNIFICATION
An applicant for a 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.
Sec. 6-5-11 OFFENSES
A person commits an offense if he:
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1. Commences or conducts a special event or parade without
the appropriate permits or fails to comply with any
requirement or condition of a permit or this article.
2. Participates in a special event or parade for which a permit
has not been granted.'"
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 adjudged 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 violating 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 Five Hundred
($500.00) Dollars for each offense, and each and every day said violation is continued
shall constitute a separate offense.
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SECTION 6. This ordinance shall take effect from and after its passage and the
publication of the caption as the law and charter provide.
DULY, ADOPTED by the City Council of the City of Coppell, Texas on the J,
day of ~ , ,., 1993.
APPROVED:
~2FAYOR
ATTEST:
APPROVED AS TO FORM:
~Cll'ry ATTORNEy'I
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