OR 228 Temporary or transitory amusement or entertainment enterprises AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 228
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REGULATING CIRCUSES, CARNIVALS,
ROCK FESTIVALS AND OTHER LIKE TEMPORARY OR TRANSITORY AMUSEMENT OR ENTER-
TAINMENT ENTERPRISES; REQUIRING A PERMIT; SETTING PERMIT FEES; SETTING FORTH
STANDARDS OF OPERATION; PROVIDING FOR INSPECTION AND SUPERVISION; PROVIDING
A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR
VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00)
DOLLARS FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. PERIlIT REQUIRED.
All persons in the business of conducting circuses, carnivals, rock
festivals and other like temporary or transitory amusement or entertainment
enterprises shall, prior to conducting the same within the Corporate Limits
of the City, file an application with City Secretary for a permit to offer
such entertainment.
SECTION 2. PERIlIT FEE.
The fee for such permit shall be $500.00, provided, however, upon special
request to the City Council such fee may be waived or modified at the sole
discretion of the City Council where a portion of the proceeds from such
entertainment enterprise is to be used for charitable or public purposes.
The permit fee shall be paid at the time the application is taken out and
shall not be returned if the application is denied.
SECTION 3. FAILURE TO OBTAIN PERMIT.
Any person allowing, promoting, conducting or holding such entertainment
enterprise without first obtaining a permit shall be in violation of this
ordinance and the same shall be deemed a public nuisance.
SECTION 4. APPLICATION FOR PERMIT.
The application for permit shall be filed not less than thirty (30)
days before the first performance and shall contain the following information:
(el The name of the app]ieant, the applieant's address and full information
concerning applieant's agent where applicable.
(b) The date or dates of the proposed entertainment.
(e) The type or kind of entertainment and the place where such entertainment
will be held.
(d) The total offstreet or offhighway parking spaces to be available and the
total capacity per capita of the facility where the entertalnm~nt will he held.
(el The number of restrooms available within the facility where the enter-
tainment will be held and an accurate drawing or plat sho~^~ing their location,
the location of facilities for drinking water, the location of all ingress and
egress and a showing of a fire exit and/or emergency exit plan.
if) The time and hours of such entertainment and the maximum number of
persons expected to attend each performance.
(f) The number of security personnel which sha]] be available to control traffic
going to and leaving the entertainment area, the number of security personnel
to be made available for the control supervision and direction of pedestrian
patrons after entering the entertainment are~:
(g) A description of emergency medical facilities and their staff and any other
additional information requested by the City which may be pertinent due to
the specific nature or type of entertainment enterprise.
SECTION 5. $TANDARDD OF OPERATION.
No permit shal] be issued unless first approved by the Chief of Police who
shall not approve such permit unless the application discloses that snffieient seenritv
personae] shall be available to control traffic to and from the entertainment enterprise
and to insure against breaches of the peace and violation of State and )vTuniciDa] laws
by persons attending such entertainment enterprise and in partienlar, violation of laws
against the possession and use of controlled substances as such are defined by State
)aw. The Chief of Police shal] not approve such permit unless the application shows
that there wi]l be sufficient restrooms, water fountains and medical facilities made
available at the expense of the applicant to protect the health, safety and welfare of
those attending the entertainment enterprise and the general Dublie. Further, the
permit shah not be issued unless it is first approved by Fire Chief of the City who
sha]] not approve such permit unless said sppljeation shah show that it wil] be conducted
in such a way as to not vlo]ate any ordinance or code of the City in regard to fire
prevention and that the physical facilities, exits, emergency fire exits ant1 other
precautionary measures are adeeuate to protect the health, safety and welfare of those
attending the entertainment enterprise sad the genern] Dublie. Further, the permit
shall not be issued unless first approve~ by the Health Officer of the City who shell
not approve the permit unless the application shows that adequate restmores, ~Tster
fountains, and medical emergency ai~ stations shall be available so as to protect the
health, safety and ~ve]fare of those persons attending such entertainment enterprise
and the general public.
SECTION 6. APPROVAL BY CITY ADIWINISTRATOR.
All such entertainment enterprises must be be]d in or at the facility named in
the application and the City Administrator shall first approve such petition prior to
its issuance. The City Administrator or the City Council shall have the right to refuse
to grant a permit when the health, safety and welfare of the citizens of the City are
determined to be likely endangered by traffic, inadeGuate sanitation facilities, other
health hazards, possible violence, illegal narcotics sale or use, immoral conduct, illegal
conduct or any other similar problem or hazard.
SECTION 7. REVOCATION OF PEI~,IVIrlT.
A vio]ation of any provision of this ordinance, a failure to conduct such
enterprise in compliance with applicant's application, or the conduct of such enter-
tainment enterprise in such a way as to present a hazard to the health, safetv and
welfare of the persons attending such entertainment enterprise and the citizens of the
City shall be grounds for revocation of such permit.
SECTION 8. SPECIAl, AGREEMENT BY APPLICANT.
No permit shall be issued unless the applicant first agrees in writing that he
will, at least one (1) week prior to the date of such entertainment enterprise, provide
the City with sufficient proof of insurance coverage to protect a~ainst liability claims
for personal injury or propertv damage resulting from such entertainment enterprise
in amounts of at least $5Q0,000.00 far each personal injurv claim and $25,D00.00 for
each claim invoJving property damage. Further, that such applicant shall agree in
writing that after the entertainment enterprise has commenced the Chief of Police of
the City or in his absence his appointee who shah be a Police Officer of the City,
may order the entertainment to come to an end if the conduct of the crowd, or the
physical conditions of the facility are such that health and safety of the people are
in jeopardy or if there is an apparent uncontro]lable use of centre]led substances by
the crowd, and that applicant further agrees that such order wi]l be carried out by
the applicant and that applicant will not seek damages against such Officer or the
City for any loss that may be suffered by the termination of the entertainment event.
SECTION 9. REPEALING CLAUSE.
All ordinances, or parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 10. SEVERABILITY CLAUSE.
If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjud~ed invalid or held unconstitutional, the same shall not affect the validity
of this ordinance as a ~,hole or any Dart or provision thereof, other than the Dart so
decided to be invalid or unconstitutional.
SECTION 1 I. PENALTY CLAUSE.
Any person, firm or corporation violating any of the provisions of this ordiBance
shah be deemed guilty of a misdemeanor and, upon conviction, shall be punished bv a
penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each
offense, and each and every day such offense is continned shall constitute s new and
separate offense.
SECTION 12. EFFECTIVE DATE.
This ordinance shall take effect immediately from and after the publication of
its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of CopDell, Texas, this the
j5~ day of V/~,~',u, ,,~80.
APPBO ,D: ~A~C~
~A O
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY