HomeMy WebLinkAboutOrdinances (O-09-1710)-02/17/2009ORDINANCE 0-09-1710
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
22, ARTICLE VI - MASS GATHERINGS AND CHAPTER 6, ARTICLE I -
ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEYVILLE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; 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 Alcoholic Beverage Sales;
and
WHEREAS, all statutory and constitutional requirements for the passage of this
Ordinance have been adhered to, including but not limited to the Open
Meeting Act; and
WHEREAS, the City Council determines that the passage of this Ordinance is in the
best interests of the health, safety and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 22, Article VI -Mass Gathering Events in the Colleyville
Code of Ordinances is hereby amended in its entirety to read as follows:
CHAPTER 22 - BUSINESSES. ARTICLE VI. MASS GATHERING
EVENTS
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 the city manager or his/her designated representative.
Mass gathering events means any outdoor meeting or gathering held
inside the city limits or within the extraterritorial jurisdiction of the city in
which more than 500 persons are present at any one time and who will
remain at the location of the gathering for a period of more than eight
continuous hours. This definition shall not apply to the following events: (1)
public or private school gatherings such as sporting or educational events
where the students are the primary participants; (2) City approved, league
sponsored sporting events held within a city owned park.
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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. 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 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. 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 Colleyville 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 City.
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(7) Signage. Signage used in accordance with the event shall comply
with the Sign Regulations of the City of Colleyville under the
provisions for 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
building official. Signs advertising the event or directing potential
customers to the event site are expressly prohibited from placement
in the City rights-of-way.
(8) Tents. A separate tent permit shall be obtained from the building
official in order to erect a tent. Any 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 City approval
for the possession and consumption of alcoholic beverages during a
special event. For special events 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 mass gathering permit. In
accordance with the alcohol provisions in the Colleyville Code of
Ordinances, the City Council shall have the authority to issue a
temporary alcohol sales permit in conjunction with a mass gathering
permit provided all City and State regulations are met. Prior to City
Council consideration of the alcohol permit, the police chief 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 mass gathering permit. A permit from the fire marshal
shall be obtained prior to the use of fireworks or pyrotechnics.
(11) City sponsorship. Should the event be officially sponsored or co-
sponsored by the City, then certain standards of this chapter may be
waived as determined by the issuing officer.
(12) 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
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existence of any unsanitary conditions shall immediately cause such
conditions to be corrected.
Secs.22-178--22-190. Reserved.
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 City Council under the provisions of this
article.
Sec. 22-192. Application--Filing; contents.
(1) An event sponsor desiring to hold a mass gathering event shall file a
permit application with the issuing officer at least 60 days prior to the
first day of the mass gathering event.
(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 mass gathering site.
(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 owner giving permission to the use the property for
the mass gathering event.
(d) The dates and times of the mass gathering event.
(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.
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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. restroom facilities
ix. solid waste collection arrangements
x. the sale of alcoholic beverages and identifying minors
attending the event
xi. clean-up after the event.
(i) Any other information requested by the issuing officer that
they may deem necessary in order to consider the permit
request.
Sec. 22-193. Insurance, Indemnification, Surety Bond.
(1) If an event is to be held on city-owned property, the event
sponsor shall furnish the issuing officer with a certificate of
insurance complying with minimum standards sufficient to protect
city-owned property.
(2) The event sponsor for a mass gathering permit shall sign an
agreement to indemnify and hold harmless the City, 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 mass gathering.
(3) The event sponsor may be required to post a surety bond in the
assurance that the City 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 City Council upon City Council
consideration of the permit.
Sec. 22-194. Same--Hearing.
(1) Upon receipt of all information required under Section 22-192 and
193, 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. The hearing shall occur no later than 30 days prior to the
event in question.
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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 issuing
officer unless the City Council has approved the mass gathering
event application.
Sec. 22-196. Cash deposit.
As a condition precedent to the issuance of a permit under this article, the
City Council may require the event sponsor to make a cash deposit with the
city to provide an adequate fund for the compensation of 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 mass gathering or event.
Sec. 22-197. Contents.
A permit, if issued, shall authorize the event sponsor to hold a mass
gathering event at a specified place and at specified times.
Sec. 22-198. 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.
Sec. 2. THAT Chapter 6, Article I -Alcoholic Beverages in the Colleyville Code of
Ordinances is hereby amended by adding a new section, which reads as
follows:
Sec. 6-6. Temporary alcohol sales in conjunction with a mass
gathering permit.
Provided all requirements of the Texas Alcoholic Beverage Commission are
met, the City Council may permit the temporary sale of alcoholic beverages
for on-premise consumption for a time period not to exceed the length of
time approved for the event granted under the mass gathering permit. A
temporary alcohol sales permit may only be granted in conjunction with a
mass gathering permit. The restrictions on alcohol sales within prescribed
distances of public and private schools, churches and public hospitals as
well as the compliance requirements with the zoning and Land
Development Code provisions of this chapter shall not apply to a temporary
alcohol sales permit permitted under this section.
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Sec. 3. 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.
Sec. 4. THAT the regulations contained in the Code of Ordinances of the City of
Colleyville shall remain in effect, except where amended by this ordinance.
Sec. 5. 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 been enacted by
the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Sec. 6. THAT this ordinance shall become effective immediately upon publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 4~~day of
2009.
Th second readin and ublic hearin bein conducted on the / day of
9 p g 9 -~-
2009.
ATTEST: ~ ~~ ~~ CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
~~ ~~ ~
Matthew C. G. Boyle
City Attorney