HomeMy WebLinkAboutOrdinances (O-04-1496)-12/21/2004
ORDINANCE 0-04-1496
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
22, ARTICLE VI - MASS GATHERINGS; OUTDOOR MUSIC FESTIVALS, OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION.
WHEREAS, the City Council of the City of Colleyville desires to amend certain
regulations pertaining to Mass Gatherings and Outdoor Music Festivals;
and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Chapter 22, Article VI, of the Code of Ordinances of the City of
Colleyville, is hereby amended and re-titled to read as follows:
ARTICLE VI. MASS GATHERING EVENTS;
DIVISION 1. GENERALLY
Sec. 2.
THAT Chapter 22, Section 22-176, of the Code of Ordinances of the City
of Colleyville, is hereby amended in its entirety to read as follows:
Sec. 22 - 176. Definitions.
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:
Issuing officer means the building official.
Mass gathering events means any meeting or gathering held inside the
city limits or within the extraterritorial jurisdiction of the city which attracts
or can be expected to attract 500 persons or more at anyone time and
who will remain at the location of the gathering for a period of more than
eight continuous hours.
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 mass gathering event.
Sec. 3.
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THAT Chapter 22, Section 22-177, of the Code of Ordinances of the City
of Colleyville, is hereby amended in its entirety to read as follows:
Sec. 22-177. Conduct of event; minimum standards.
The following minimum standards shall apply in the conduct of mass
gathering events permitted under this article:
(1) Water supply.
a. The event sponsor shall provide access to a supply of potable
water on the site where the event is taking place.
(2) Toilet facilities.
a. 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 City of
Colleyville.
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 building official.
(4) Noise control. Amplifying equipment used 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 at no time more
than 70 decibels is registered on the "A" scale at slow response of a
standard sound level meter which meets the specifications of the
American National Standards Institute.
(5) Food sanitation.
a. 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.
a. When required by the Colleyville Fire Chief, the event sponsor
shall provide one or more emergency aid stations, which shall be
Sec. 4.
Sec. 5.
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Page 3 of 6
staffed and include suitable temporary shelter, supplies and
equipment, at no cost to the City.
(7) Signage. Temporary signage shall be in accordance with the
applicable sign regulations unless a special signage plan is approved
by the City Council as a part of the mass gathering permit approval.
(8) Tents. A mass gathering event which includes the use of a tent shall
require a separate permit in accordance with the standards contained
in the Colleyville Fire Code.
(9) Final site cleanup. At the conclusion of the mass gathering, the site
shall be inspected by the building official for health and sanitation
considerations. The event sponsor shall be responsible for the final
site cleanup. The landowner, upon notification by the city of the
existence of any unsanitary conditions shall immediately cause such
conditions to be corrected.
THAT Chapter 22, Section 22-191, of the Code of Ordinances of the City
of Colleyville, is hereby amended in its entirety to read as follows:
Sec. 22-191. Required.
No person may act as an event sponsor of a mass gathering event
unless a permit has been issued by the issuing officer under the
provisions of this article.
THAT Chapter 22, Section 22-192, of the Code of Ordinances of the City
of Colleyville, is hereby amended in its entirety to read as follows:
Sec. 22-192. Application - Filing; contents.
(1) An event sponsor desiring to hold a mass gathering event shall file a
permit application with the building official at least 60 days before the
day the mass gathering event is to be held.
(2) The application for a permit under this article must include:
(a) The name and address of the event sponsor.
(b) A description of the place where the mass gathering event is to be
held.
(c) The name and address of the owner of the place where the mass
gathering event is to be held and a letter signed by the property
Sec. 6.
Sec. 7.
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owner giving permission to the use the property for the mass
gathering event.
(d) The dates and times that the mass gathering is to be held.
(e) The maximum number of persons that the event sponsor will
allow to attend the mass gathering event and a statement
showing how the event sponsor plans to control the number of
persons in attendance at the mass gathering event.
(f) A description of the nature of the event.
(g) A filing fee of $250.00 must be submitted with the application for a
permit.
(h) The event sponsor shall attach a letter to the application which
addresses the following:
i. initial set-up times
ii. controlling the number of persons in attendance at the mass
gathering event.
iii. parking traffic control
IV. street closures
v. compliance with health requirements regarding food and
beverage services, including the provision for potable water
vi. plans for emergency services, equipment and personnel
vii. plans for event security
viii. facilities for restrooms
ix. arrangements for solid waste collection
x. the sale of alcoholic beverages and identifying minors
attending the event
xi. clean-up after the event
THAT Chapter 22, Section 22-193, of the Code of Ordinances of the City
of Colleyville, is hereby deleted and replaced with the following:
Sec. 22-193. Reserved
THAT Chapter 22, Section 22-194, of the Code of Ordinances of the City
of Colleyville, is hereby amended in its entirety to read as follows:
Sec. 22 -194. Same - Hearing.
(1} The issuing officer shall set a date and time for a hearing before the
city council on the application for a permit under this article.
Sec. 8.
Sec. 9.
Sec. 10.
Sec. 11.
Sec. 12.
Sec. 13.
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THAT Chapter 22, Section 22-195, of the Code of Ordinances of the City
of Colleyville, is hereby amended in its entirety to read as follows:
Sec. 22 - 195. City Council Approval Required.
(1) After the hearing on the application for a permit under this article is
completed, the city council shall grant or deny the permit. No permit
for a mass gathering event shall be issued by the building official
unless the city council has approved the mass gathering event
application.
THAT Chapter 22, Section 22-197, of the Code of Ordinances of the City
of Colleyville, is hereby amended in its entirety to read as follows:
Sec. 22 - 197. Contents.
A permit, if issued, shall authorize the promoter to hold a mass gathering
event at a specified place and at specified times.
THAT Chapter 22, Section 22-198, of the Code of Ordinances of the City
of Colleyville, is hereby amended in its entirety to read as follows:
Sec. 22 -198. Revocation.
At any time, the building official 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.
THAT any person, firm, or corporation violating any of the provisions of
this ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be fined a sum not to exceed Two Thousand Dollars
($2,000.00). Each and every day such violation continues shall
constitute a separate offense and shall be punishable as such.
THAT the regulations contained in the Code of Ordinances of the City of
Colleyville shall remain in effect, except where amended by this
ordinance.
THAT it is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction. such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have
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been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
Sec. 14
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
Sec. 15.
THAT this ordinance shall become effective immediately upon
pu bl ication.
AND IT IS SO ORDERED.
reading and public hearing being conducted on the
2004.
7~ day of
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public hearing being conducted on the ~/..t! day of
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Cynthia Singleton, TRMC
City Secretary
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APPROVED AS TO FORM AND LEGALITY:
ss T. Foster
City Attorney