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HomeMy WebLinkAboutDraft Special Event Ordinance ORDINANCE NO. AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 10 BY ADDING ARTICLES 3 AND 4, SECTIONS 10-51 THROUGH 10-78 ENACTING PERMIT PROCEDURES, FEES AND REGULATIONS REGARDING SPECIAL EVENTS OR WITHIN THE TOWN; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas, (the "Town") is a General Law Municipality located in Tarrant and Denton Counties, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town Council of Westlake, Texas, finds that special events and Level Two Special Event events without proper regulations, may affect the health, safety, and general welfare of the public and may cause imminent destruction of property or injury to persons; and WHEREAS, the Town Council of Westlake,Texas,deems it necessary to enact an ordinance to govern special events and Level Two Special Event events within the corporate limits of the Town. NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: Section 1: THAT, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. Section 2: THAT, the Town hereby adopts the following procedures and regulations governing Level Two Special Event events,by amending Chapter 10 by adding Articles 3 and 4, Section 10-51 through 10-78 to read as follows: ARTICLE 3.—LEVEL TWO SPECIAL EVENTS - GENERALLY See. 10-51. -Definitions. x The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Event sponsor means any person, group of persons, firm, corporation, partnership, or association that organizes, promotes or solicits funds for the organization or promotion of a Level One or Level Two Special Event. Issuing officer means the town manager or designated representative. Level One Special Event means any temporary event involving less than 300 persons that uses either public property, including streets, right-of-way, parks, trail or other public property, or involves closing,blocking or restricting a public street,right-of-way,a park,a trail or the public property Level Two Special Event means any outdoor meeting or gathering held inside the town limits or within the extraterritorial jurisdiction of the town in which 300 or more persons are present at any one time. This definition shall not apply to Westlake Academy school gatherings such as sporting or educational events where the students are the primary participants; Sec. 10-52. - Conduct of event; minimum standards. (a) Event Sponsor shall provide information and proof that shows that the following minimum standards will be met for any Level Two Special Event permitted under this article: (1) Water supply. The event sponsor shall provide access to a supply of potable water on the site where the event is taking place. (2) Toilet.facilities. The event sponsor shall provide toilet facilities and shall arrange for collection and cleaning at intervals of sufficient frequency to prevent the creation of a health hazard or public nuisance. (3) Solid waste facilities. a. The event sponsor shall arrange for solid waste facilities with the waste collection company holding a franchise with the town. b. All solid waste shall be collected at such frequent intervals as may be necessary to maintain sanitary conditions at the site as determined by the town manager or designee. (4) Noise control. Amplifying equipment shall be designed to control the noise level at the perimeter of the site on which the gathering shall take place and be so operated that all town ordinance requirements are met. (5) Food sanitation. All food and beverages sold or furnished shall be in accordance with the standards of the Tarrant County Health Department. (6) Medical and nursing care. When required by the town fire chief, the event sponsor shall provide one or more emergency aid stations,which shall be staffed and include suitable temporary shelter, supplies and equipment, at no cost to the town. (7) Signage. Signage used in accordance with the event shall comply with the sign regulations of the town under the provisions for Level One Special Event and promotional signage. Any signs not located on the actual premises where the event is being held shall only be approved upon the issuance of a sign permit from the town manager of designee. Signs advertising the event or directing potential customers to the event site are expressly prohibited from placement in the town rights-of-way. (8) Tents. A separate tent permit shall be obtained from the fire marshal in order to erect a tent. Any Level One Special Event or Level Two Level One Special Event which includes the use of a tent, canopy, or temporary structure shall meet the requirements in the building code and fire code. 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 marshal. (9) Alcohol. It is the responsibility of the applicant to obtain town approval for the possession and consumption of alcoholic beverages during any Level One Special Event or Level Two Special Event. For Level One Special Events or Level Two Special Event requiring a permit from the Texas Alcoholic Beverage Commission (TABC), a copy of the state permit shall be required prior to the issuance of a Level One Special Event or Level Two Special Event permit. In accordance with the alcohol provisions in this Code,the town manager or designee shall have the authority to issue a temporary alcohol sales permit in conjunction with a Level One Special Event or Level Two Special Event permit provided all town and state regulations are met. Prior to town manager or designee consideration of the alcohol permit, the police chief or designee shall, notwithstanding any requirements of TABC,determine the amount,if necessary,of police officers required while alcohol is being served. The cost of any required police officers as part of this permit shall be paid in full by the event sponsor prior to issuance of the temporary alcohol sales permit. (10) Fireworks/pyrotechnic displays. Any use of fireworks or pyrotechnic displays must show proof of application for a state permit and prior to issuance of a Level One or Level Two Special Event permit. A permit from the fire marshal shall be obtained prior to the use of fireworks or pyrotechnics. (11) Town sponsorship. Should the event be officially sponsored or co-sponsored by the town,then certain standards of this chapter may be waived as determined by the issuing officer. (12) Lighting. Lighting shall meet the requirements of the "dark skies" parameters established by the town,provided;however,that public safety will be of paramount concern and, if necessary for public safety, temporary lighting may be required which would not meet the "dark sky"requirements. (13) Final site cleanup. At the conclusion of the Level One Special Event or Level Two Special Event, the site shall be inspected by the Tarrant of Denton Counties or other applicable agency for health and sanitation considerations. The event sponsor shall be responsible for the final site cleanup. The Event Sponsor or landowner,upon notification by the town of the existence of any unsanitary conditions shall immediately cause such conditions to be corrected. (b) A plan demonstrating the manner and method or meeting all of the above requirements, as applicable, shall accompany the permit application. Section 10-53. Reimbursable costs. (a) Reimbursable Costs. A Level One Special Event or Level Two Special Event is required to pay for all costs and expenses incurred by the town for activities associated with staging of the event, including, without limitation,the following: (1)Utilities services provided to the Level One Special Event, including all of the costs of installation, maintenance, and connection. (2) Food services inspection. (3) Repair, maintenance and removal of facilities in the event of a failure of promoter. (4) Repair of streets, alleys, sidewalks, parks, and other public property. (5) Police protection. (6) Fire protection. (7) Emergency medical service. (8) Garbage disposal and cleanup. (9) Traffic control. (10) Other direct costs associated with the Level One or Level Two Special Event. (b) One Town department shall not be required to pay a different Town department for the above in the case of a Town sponsored event. Since costs are reimbursable to Town, Town does not have to reimburse for Town events. (c) If an applicant cannot pay the required costs, and the applicant asserts that the event will be an event at which the applicant's First Amendment rights will be exercised, the applicant may file a sworn affidavit of indigency, which the Town official shall review and determine its accuracy. In appropriate cases, the Town may recommend waiver of costs or fees. Sections. 10-54-10-70. - Reserved. ARTICLE 4.–LEVEL ONE SPECIAL EVENT AND LEVEL TWO LEVEL ONE SPECIAL EVENTS -PERMIT Sec. 10-71. -Required. (a) No person may act as an event sponsor of a Level One Special Event or Level Two Special Event unless a permit has been issued by the Town council under the provisions of this article. (b) A permit may be issued for a series of events. All requirements must be met for every event. Sec. 10-72. -Application—Filing; contents. (a) An event sponsor desiring to hold a Level One Special Event or Level Two Special Event shall file a permit application with the issuing officer at least 60 days prior to the first day of the Level One or Level Two Special Event. (b) The application for a permit under this article must include: (1) The name and address of the event sponsor. (2) A description of the Level One Special Event or Level Two Special Event site. (3) The name and address of the owner of the place where the Level One Special Event or Level Two Special Event is to be held and a letter signed by the property owner giving permission to the use the property for the Special Event. (4) The dates and times of the Level One or Level Two Special Event. (5) The maximum number of persons that the event sponsor will allow to attend the Level One or Level Two Special Event and a statement showing how the event sponsor plans to control the number of persons in attendance at the Level One or Level Two Special Event. (6) A description of the nature of the event. (7) A filing fee in the amount established by the Town Resolution setting such fees as well the amount of money required for all reimbursable costs must be submitted with the application for a permit. (8) The event sponsor shall attach a letter to the application which addresses the following: a. Initial set-up times. b. Controlling the number of persons in attendance at the Level One or Level Two Special Event. c. Parking traffic control. d. Street closures. e. Compliance with health requirements regarding food and beverage services, including the provision for potable water. f. Plans for emergency services, equipment and personnel. g. Plans for event security. Prior to a Level One Special Event or bevel Two Special Event permit applications being approved,applications will be submitted to the Chief of Police or his staff designee for consideration with the town manager or designated representative, as to whether a police security detail will be required for the safety and security of event participants. These considerations will be based on the size of the event, the amount of vehicular and pedestrian traffic, as well as the type of event. The cost of any required police officers as part of this permit shall be paid in full by the event sponsor prior to issuance of the temporary alcohol sales permit. h. Restroom facilities. i. Solid waste collection arrangements. j. The sale of alcoholic beverages and the process for identifying minors attending the event and preventing the consumption of alcohol by minors. k. Clean-up after the event. (9) Any other information requested by the issuing officer that they may deem necessary in order to consider the permit request. Sec. 10-73. -Insurance, indemnification, surety bond. (a) If an event is to be held on town-owned property, the event sponsor shall furnish the issuing officer with a certificate of insurance complying with minimum standards sufficient to protect town-owned property. (b) The event sponsor for a Level One or Level Two Special Event permit shall sign an agreement to indemnify and hold harmless the town, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the Level One or Level Two Special Event. (c) The event sponsor may be required to post a surety bond in the assurance that the town property is cleaned and returned to the condition prior to the event. The issuing officer shall determine if the need for a bond exists and shall make the appropriate recommendation to the town council upon town council consideration of the permit. Sec. 10-74-. - Same--Dearing. Upon receipt of all information required under this Articles 4, the issuing officer will review the information and if it meets all requirements,the issuing officer may issue the permit within thirty (30) days. If the application does not meet the requirements, the issuing officer may deny the permit. The applicant may correct the deficiencies within one week without incurring another permit charge or, at the applicant's choice; the applicant may appeal the decision of the issuing officer. If the applicant appeals the decision, the matter will be heard by the town manager. If the appeal is denied by the town manager,the applicant may appeal the matter to be heard by the town council. If there is an appeal to the town council, the time for a hearing before the town council on the application for a permit under this article shall occur at the next available council meeting, provided that the next council meeting is at least ten (10) working days after the appeal is filed, in order to provide for preparation of the item and to meet the requirements of the Texas Open Meetings Act. Sec. 10-75. -Town council approval required for appeal. After the hearing on the appeal for an application for a permit under this article is completed, the town council shall grant or deny the permit. Sec. 10-76. - Cash deposit. As a condition precedent to the issuance of a permit under this article, the issuing officer ar town Gauncil may require the event sponsor to make an additional cash deposit with the town to provide an adequate fund for the compensation of reimbursable costs and such security personnel as may be required to ensure the physical safety of persons and property of persons in attendance, as well as the persons and property of the community directly affected by the Level One or Level Two Special Event. Sec. 10-77. - Contents. A permit, if issued, shall authorize the event sponsor to hold a Level One Special Event or Level Two Special Event at a specified place and at specified times. Sec. 10-78. -Revocation. At any time, the issuing officer may, after reasonable notice to the, event sponsor, revoke the permit on a finding that the failure to carry out the preparations will result in a serious threat to the health or safety of the community or the persons attending the event. Section s10-79. to 10-100. - Reserved. Section 3: All rights and remedies of the Town of Westlake, Texas,are expressly saved as to any and all violations of the provisions of any other ordinance affecting Level One Special Events or Level Two Special Events which existed at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances,the same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 4: It is hereby declared the intention of the Town Council that if any section, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or otherwise illegal by the valid judgment or decree of any court of competent jurisdiction, such event shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this, since the same would have been enacted by the Town Council without such unconstitutional or illegal phrase, clause, sentence, paragraph, or section. Section 5: This Ordinance shall be cumulative of all provisions of ordinances of the Town except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances,in which event the conflicting provisions of such ordinances are hereby repealed. Section 6: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed the maximum amount allowed by law. Section 7: This Ordinance shall become effective from the date of its passage, and the Town Secretary is hereby directed to cause the caption of this Ordinance to be published in accordance with applicable law. AND IT IS SO ORDAINED. Passed and approved by the Town Council of the Town of Westlake, Texas, by a vote of_to _on this the day of , 2016. TOWN OF WESTLAKE, TEXAS By: Laura Wheat, Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY Kelly Edwards, Town Secretary L. Stanton Lowry, Town Attorney