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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. Ordinance 0-04-1496 Page 2 of 6 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. Ordinance 0-04-1496 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. Ordinance 0-04-1496 Page 4 of 6 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. Ordinance 0-04-1496 Page 5 of 6 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 Ordinance 0-04-1496 Page 6 of 6 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 1- public hearing being conducted on the ~/..t! day of ?1~0?v~ Cynthia Singleton, TRMC City Secretary E APPROVED AS TO FORM AND LEGALITY: ss T. Foster City Attorney