HomeMy WebLinkAboutOrdinances (O-73-126)-04/17/1973
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CITY OF COLLEYVILLE, TEXAS
TARRANT COUNTY./
ORDINANCE 0-73-126
AN ORDINANCE REGULATING AND CONTROLLING our DOOR MUSIC
FESTIVALS: SETTING FORTH DEFINITIONS, OUTLINING CERTAIN
PROHIBITIONS: PROVIDING PROCEDURES INCIDENT TO AN APPLI-
CATION FOR A PERMIT: SEr'rING FORTH Pi MErHOD AND MEANS
FOR INVES'rIGA'rING 'rHE APPLICATION AND APPLICANT: RE-
QUIRING THE ISSUANCE OF A PERMIT: REQUIRING A CASH DEPOSIT:
PROVIDI~G A MEANS FOR REVOKING THE PERMI'r: SETT ING FORTH
PENALTIES, A SAVINGS CLAUSE A.ND FURTHER PROVIDING FOR A
HEARING REG~RDING THE ~PPLICATION FOR PERMIT: ESTABLISH-
ING CERTAIN SPECIFIC GROUNDS THA'r WOULD PERMIT A DENIAL
OF PER?ur AND REQUIRING PUBLICATION. AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEY-
VILLE, TEXAS:
1.
Defin.t~ions .
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1.01 "Mass Gathering" means any meeting or ga.thering held
inside the city limits or within the extraterritorial jurisdiction
of the City of Colleyville, Texas, which attracts or can be ex-
pected to attract more than 500 Persons who will remain at the
location of the gathering for a period of more than 8 continuous
hours.
1.02 "Outdoor Music Festival" and "event" means any form of
musical entertainment provided by live performances occuring where
(a) more than 500 persons are in attendance at anyone performance;
(b) any of the performers or any of the audience are not within a
permanent structure; and (c) the performance occurs inside the City
limits or within the extraterritorial jurisdiction of the City of
Colleyville, Texas.
1.03 "Promoter" 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
or an outdoor music festival.
1.04 "Issuing Officer" means the Mayor of the City of Colley-
ville, Texas.
2.
Prohibition.
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2.01 No person may act as a promoter of a mass gathering or
outdoor music festival unless he obtains a permit from the issuing
officer under the provisions of this ordinance.
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3.
VOLU1.1E ~ ,PAGE lJ 7
Application for Permit.
3.01 A promoter desiring to hold a mass gathering or an out-
door music festival shall file a permit application with the City
Secretary of the City of Colleyville, Texas, at least fifty (50) days
before the day the mass gathering or event is be be held.
3.02 The Permit application must include:
(a) The name and address of the promoter and the names
and addresses of all associates and employees of the promoter
assisting in the promotion of the mass gathering or event;
(b) A financial statement of the promoter and a state-
ment specifying from whom capital for the mass gathering or
event is being supplied and in what amounts;
(c) A description of the place where the mass gathering
or event is to be held;
(d) The name and address of the owner of the place where
the mass gathering or event is to be held and a statement de-
scribing the terms and conditions of the agreement whereby the
promoter is authorized to use the land;
(e) The dates and times that the mass gathering is to
be held;
(f) The maximum number of persons that the promoter will
allow to attend the mass gathering or event and a statement
showing how the promoter plans to control the number of persons
in attendance at the mass gathering or event;
(g) A description of the promoter's agreements with per-
formers wlino are scheduled to appear at the mass gathering or
event and the names and addresses of the performers who have
agreed to appear and their agents; and
(h) A full and complete statement describing the pro-
moter's preparations for the mass gathering or event to comply
with the minimum standards of sanitation and health as pre-
scribed by Chapter 178, Acts of the 49th Legislature, Regular
Session, 1945, as amended (Article 4477--1, Vernon's Texas Civil
Statutes).
(i) A description of all preparations being made to
provide traffic control and to assure that the mass gathering
will be conducted in an orderly fashion and that the physical
safety of the persons in attendance will be protected;
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(j) A description of the preparations made to provide
adequate medical and nursing care; and
(lr) A description of the preparations made to super-
vise minor persons who may attend the mass gathering.
(1) The application for the permit must be verified by
the promoter and be based on his best information and belief.
(m) A filing fee of $50.00 must be submitted with the
application for a permit.
(n) A statement that applicable local zoning ordinances
are being fully complied with as well as all other applicable
City ordinances, resolutions and regulations.
4.
Investip;ation.
4.01 After an application for permit is filed, the City
Secretary shall send copies to the county health officer, the Chief of
Police for the City of Colleyville and the Mayor.
4.02 The county health officer may inquire into preparations
for the mass gathering or outdoor music festival and at least five
days before the hearing submit a report to the City Council of the
City of Colleyville, Texas, stating whether or not he believes that
the minimum standards of health and sanitation provided by state and
local laws, rules, regulations, and orders will be maintained.
4.0] The Chief of Police of the City of Colleyville, Texas,
shall investigate preparations for the mass gathering and at least
five days before the hearing shall submit a report to the City
Council of the City of Colleyville, Texas, whether or not he belives
the minimum standards provided by state and local laws, rules, re-
gulations, and orders for assuring public safety and order will be
maintained.
4.04 The issuing officer may conduct any additional investig-
ation which he considers necessary.
4.05 The county health officer and the Chief of Police or the
agent of each shall be available to give testimony relating to their
reports at the hearing before the City Council.
5.
Hearing.
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5.01 The Issuing Officer shall set a date and time for a
hearing before the City Council of the City of Colleyville, Texas on
the application for a permit. The hearing may be held not later than
]0 days before the day set for the mass gathering to begin or the
first performance of the event; and not earlier than 15 days after the
day the'application is filed.
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Permit.
7.01 A permit, if issued, shall authorize the promoter to
hold a mass gathering or outdoor music festival at a specified place
and at specified times.
8.
Revocation of Permit.
8.01 At any time prior to five days before the day of the
mass gathering or first performance of the event the City Council may,
after reasonable notice to the promoter, followed by a hearing, revol~e
the permit on a finding by a majority of the City Council that the
preparations for the mass gathering or event will not be completed
in time for the first performance and 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.
9.
Cash Deposit.
9.01 As a condition precedent to the issuance of a permit
hereunder, the City Council may require the promoter to make a cash
deposit with the City of Colleyville, to provide an adequate fund for
the compensation of such security personnel as may be required to in-
sure the physical safety of persons and property of persons in atten-
dance, as well as the persons and property of the community directly
affected by the mass gathering or event.
10.
Conduct of the Event or Music Festival Minimum Standards
10.01 Water supply
(a) The quality of water to be supplied shall meet the
approval of the County Health Officer, and on his
request an evaluation of the supply may be made by
the Texas State Department of Health.
(b) Water shall be provided at the rate of at least one
pint per hour for each person present at the site.
(c) Water shall be delivered to the dispensing points in
such a manner as to preclude the possibility of con-
tamination. All water conveyor facilities shall be
cleaned and disinfected prior to being used and any
containers used for water delivery shall be covered
to prevent the entrance of dust, insects, or other
contaminants.
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5.02 Ten (10) days notice of the timXO~W&E~fG~~8ar-
ing shall be given to the promoter by Certified Mail, at the address
shown on the application, and reasonable notice shall be given any
persons who have an interest in the gathering or denial of the permit.
5.0J At the hearing before the City Council of the City of
Colleyvilee, Texas, any person may appear and testify for or against
the granting of the permit.
6.
Denial of Permit.
6.01 After the hearing is completed, the City Council shall
enter its findings in the record and shall grant or deny the permit.
6.02 The City Council may deny the permit if it finds that:
(a) The application contains false or misleading in-
formation or required information is omitted;
(b) The financial baclring or stability of the promoter
is insufficient to assure that the mass gathering will be
conducted in the nammer stated in the application;
(c) The looation selected for the mass gathering or event
is inadequate for the purpose for whioh it is to be used;
(d) The promoter has not made adequate preparations to
limit the number of persons attending the mass gathering or
event or to provide adequate supervision for minor persons
attending the mass gathering or event;
(e) The preparations for the maSS gathering or event do
not assure that:
1) Minimum standards of sanitation and health will be
maintained, or;
2) That the mass gathering or event will be conducted
in orderly fashion and the physioal safety of persons
in attendance will be protected, or;
J) That adequate supervision of minor persons will be
provided;
(f) Adequate arrangements for traffic control have not
been provided;
(g) Adequate medical and nursing care will not be
available.
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(h) The time and place for the masS gathering or event
creates a substantial danger of congestion and disruption of
other lawful activities in the immediate vicinity of the mass
gathering or event;
(i) The promoter does not have adequate agreements with
performers to insure with reasonable certainty that persons
advertised to perform 1i~ill in fact appear.
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(d)
(e)
10.02
(a)
(b)
(c)
(d)
10.03
vOl6~~(J2 PAGr452
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A suitable water outlet or water container shall be
provided for each 100 persons and be conveniently
located for dispensing the water. If containers are
utilized for water distribution, the containers shall
be properly covered and provisions made for l~eeping
the covers locl~ed. A chlorine residual of at least' 0.2
mg/l shall be maintained at all times at each water
distribution point.
The use of the common drinl~ing cup is prohibited.
At least one disposable cup shall be provided for
each person per hour of attendance.
Toilet Facilities
Toilet facilities, separate for each sex and plainly
marked "MEN" and "WOMEN", shall be provided at a rate
of no more than 50 persons per toilet seat. Such
facilities shall be designed to shield the occupants
from public view.
Privies, if provided, shall be structurally sound and
shall be designed to prevent access of flies to de-
posited excreta.
Portable type toilets, if provided, shall have waste
therefrom collected at intervals of sufficient frequency
to preclude overflow and the wastes therefrom shall be
disposed of in a manner that does not create a health
hazard or nuisance.
Handwashing and drying facilities shall be provided
in the vicinity of each toilet building or location.
Waste produced from such handwashing facilities shall
be collected and disposed of either by holding tanks or
subsurface absorption fields.
Vector Control
Sufficient equipment and chemicals shall be available to
control insect vector problems in a manner approved by the County
Health Officer.
10.04 Minimum Area
An Area of at least 50 square feet per person shall be provided
at the premises.
10.05
(a)
Solid Waste Facilities
All solid waste shall be stored in suitable containers
with tight fitting lids and such containers shall be
conveniently located throughout the area.
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(b)
VOL6~~02 P/\GE453 VOLUME ~PAGE S-~
All solid waste shall be collected twice daily or at
such more frequent intervals as may be necessar~ to
maintain sanitary conditions at the site and be dis-
posed of in a facility which has been approved by the
County Health Officer.
10.06
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 (seventy)
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.
10.07 Food Sanitation
(a) All food and beverages sold or furnished shall be obtained
from approved sources.
(b) Foods, while being stored, prepared or served, shall be
protected from contamination.
(c) All perishable food shall be stored at such temperatures
as will protect against spoilage.
(d) All potentially hazardous food which consists in whole or
in part of mill!: or mill!: products, eggs, meat, paul try,
fish, and shellfish shall be maintained at safe tempera-
tures (450F. or below, or 1400F. or above).
(e) The washing and sanitizing of food equipment and utensils
shall be in compliance with the requirements set forth in
the State Sterilization Law (Article 700b. T.P.C.).
(f) All food service personnel shall wear clean outer garments,
maintain a high degree of personal cleanliness, and con-
form to hygienic practices while on duty. Handwashing
facilities shall be provided.
10.08 Medical and Nursin~ Care
(a) At least one emergency aid station for each 10,000
persons or fraction thereof shall be maintained and
be clearly identifiable by a prominent sign during
the entire time of the mass gathering.
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(b) Each emergency aid station shall have on duty at all
times at least two persons who have had, as a minimum,
training in first aid either by the American Red Cross
or as a Medical Corpsman in the armed services. One
shall be in charge.
(c) Each emergency aid station shall be provided with the
following equipment and supplies:
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VOL6~~02 PAGr.454 VOLUME ~PAGE f3
a. A tent or other suitable temporary shelter shall
be erected at a convenient location on the grounds
of the mass gathering to house the emergency aid
station.
b. Folding Cots
c. Blanlrets
d. Chest or box (for supplies)
e. Chairs
f. Flashlights
g. Pail or plastic wastebasket
h. Paper bags for waste
i. Paper towels (roll or paclrage)
j. Pitcher (with cover)
k. Tourniquet (rubber tubing)
1. Adhesive Bandages (Assorted)
m. Adhesive tape 3" and 4"
n. Bandages 2" and 4"
o. Triangular bandage 40"
p. Cotton balls, (prepackaged)
q. Alcohol, is propyl
r. Scissors, blunt
s. Snalre bite kit
t. Splints
u. Bag mask resuscitator with ozygen
supply
v. Stretcher
w. Thermometer, oral
x. Bandage compress, 2", 3", 4"
y. 4" x 4" cotton gauze squares
6
8
1
2
2
2
24
4
2
3
4 dozen
4 rolls each size
12 rolls each size
6
400
2 pints
1 pair
1
6
1
1
2
6 each size
100
(d) A written plan for the evacuation of s iclr or inj ured
persons shall be provided and approved by the County
Health Officer covering the following services and a
copy of the plan shall be placed in a conspicuous
place in the emergency aid station.
a. Name, location, and telephone number (s) of one
or more ava.l1able licensed physicians.
b. Name, location, and telephone number (s) of an
available ambulance.
c. Name, location, and telephone number (s) of an
available nearby hospital.
10.09 Final Site Clean-up
At the conclusion of a mass gathering, the site shall be
inspected by the County Health Officer for health and sanitation
considerations. The landowner, upon notification by the County
Health Officer of the existence of any insanitary conditions, shall
immediately cause such conditions to be corrected.
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Any person, firm or corp6rat+.~n;io~a~~ ~oyee, agent,
servant or representative of any..pe~~C5r1;' fi;c:d1'~::Rfl~ft)poration who shall
violate any of the provisions of this!\-; ord'ina.n..c.e).~p.'1fil be guilty of a
misdemeanor and upon conviction be punished by a fine of not more
than $200.00. Each day shall constitute a separate basis for an
offense and each particular violation of the terms and conditions of
this ordinance shall constitute a separate and distinct offense.
12.
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Should any part, protion, section or par~ ~ a sec~on pf this
ordinance be declared to be invalid or inoperative:: or voj,ji for'.,any
reason by a court of competent jurisdiction, such' a decilfi'on, ~pinion
or jUdgment shall in no way affect the remaining;p~rtion~ pa~tR'
sections or parts of sections of this ordinance,;w~ich p~vis~~ns shall
be, rema.in and continue to be in full force and eftect. ft':) l..~~:
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13.
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The fact that the City of Colleyville is ~ih need. .c(f the
above Ordinance Number 0-73-126, and this creates an emergenoy and
imperative necessity requiring the suspension of any rule that re-
quires that ordinances should be read at two separate meetings of
this Council and such rule is hereby suspended and this ordinance
shall be effective from and after its passage and publications as
required by law.
PASSED AND APPROVED BY THE MEMBERS OF THE CITX COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS this .J...:L. day of /J~/4~/ L 1973.
Ill;
Seal
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