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HomeMy WebLinkAbout19259 ORD - 04/08/1986AN ORDINANCE AMENDING CHAPTER 36 OF THE CITY CODE TO RESTRICT SMOKING, THE USE OF PYROTECHNIC DEVICES, NOISE LEVELS, AND SEATING IN THE COLISEUM, BAYFRONT PLAZA CONVENTION CENTER EXHIBIT HALL, AND BAYFRONT PLAZA AUDITORIUM PROVIDING A PENALTY FOR EACH SEPARATE VIOLATION OF NOT LESS THAN $50.00 AND SHALL NOT EXCEED $1,000.00; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City of Corpus Christi owns and operates certain facilities; and WHEREAS, such facilities are heavily utilized by the public for certain events, particularly concert, athletic, and theatrical events which frequently attract large crowds; and WHEREAS, it is necessary to adopt the following regulations to promote the health, safety, and welfare of the users of such facilities and to protect the facilities from damage which might result from harmful activities occurring at such events attended by large numbers of people. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas by adding new Section 36-54 to read as follows: "Sec. 36-54. Smoking. No person shall smoke or carry a lighted cigar, cigarette, pipe, or any form of smoking object or device in the Coliseum during a concert, athletic, or theatrical event, provided, however, the Coliseum Manager, at the request of the Lessee of such event, may designate smoking areas which shall be conspicuously posted as smoking areas, provided that no more than fifty percent (50%) of the actual seating area may be designated as smoking areas." SECTION 2. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-55 to read as follows: "Sec. 36-55. Use of Pyrotechnic Devices. No person shall use any pyrotechnic device, including but not limited to explosive devices or chemical illumination devices, in the Coliseum without registering such device with the City Fire Marshal prior to the proposed date of such device use. Such 19259 MICROFILMED registration shall not in any way be deemed to constitute the City's authorization to use such device. The registrant shall notify the Fire Marshal of any substantial dangers which the use of such device may pose to the Coliseum, event attendees or participants." SECTION 3. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-56 to read as follows: "Sec. 36-56. Noise Levels. Performers, Lessees, or their employees or agents at events shall not emit, or cause to be emitted noise in excess of the following levels: Duration Per Day, Hours Sound Level dBA Slow Response 8 90 6 92 4 95 3 97 2 100 1.5 102 1 105 0.5 110 0.25 or less 115 When the daily noise exposure is composed of two or more periods of noise exposure of different levels, their combined effect should be considered, rather than the individual effect of each. If the sum of the following fractions: C1 C2 Cn 1_ exceeds unity, then, the mixed exposure should be considered to exceed the limit value. C indicates the total time of exposure at a specified mise level, T indicates the total time of exposure permitted at that level. Exposure to impulsive or impact noise should not exceed 140 dB peak sound pressure level." 06P.022.01 -2- SECTION 4. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-57 to read as follows: "Sec. 36-57. Lighting. Lessees shall ensure that house lights are brought up (turned on so the area is well lit) at all times prior to and after an actual performance and during intermissions. SECTION 5. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-58 to read as follows: "Sec. 36-58. Capacity. The maximum number of fixed seats, and the maximum number of tickets to be sold or distributed for events using fixed seats, shall be 5,305. SECTION 6. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-59 to read as follows: "Sec. 36-59. Reserved Seats. For concert, athletic, or theatrical events, seating in the Coliseum shall be by reserved seats, provided, however, the Coliseum Manager may, upon Lessee's request, authorize other than a reserved seating plan for such events, if the Coliseum Manager determines that there will likely be no significant crowd control safety risks. In making such determination, the Coliseum Manager should consider the following factors: (a) Anticipated size of audience; (b) Relationship of anticipated location of audience to event location; (c) Anticipated activity of audience during the event, e.g., dancing or other audience participation activity; (d) Previous crowd control experience for similar events; (e) Anticipated predominant age of audience; and (f) Other factors which in the best professional judgment of the Coliseum Manager is reasonably anticipated to significantly affect crowd control safety." 06P.022.01 -3- SECTION 7. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-93 to read as follows: "Sec. 36-93. Smoking. No person shall smoke or carry a lighted cigar, cigarette, pipe, or any form of smoking object or device in the Exhibit Hall or Auditorium, during a concert, athletic, or theatrical event, provided, however, the Convention Center Manager, at the request of the Lessee of such event, may designate smoking areas which shall be conspicuously posted as smoking areas, provided that no more than fifty percent (50%) of the actual event seating area may be designated as smoking areas." SECTION 8. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-94 to read as follows: "Sec. 36-94. Use of Pyrotechnic Devices. No person shall use any pyrotechnic device, including but not limited to explosive devices or chemical illumination devices, in the Exhibit Hall and Auditorium without registering such device with the City Fire Marshal prior to the proposed date of such device used. Such registration shall not in any way be deemed to constitute the City's authorization to use such device. The registrant shall notify the Fire Marshal of any substantial dangers which the use of such device may pose to the Exhibit Hall or Auditorium, event attendees or participants." SECTION 9. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-95 to read as follows: "Sec. 36-95. Noise Levels. Performers at events shall not emit, or cause to be emitted noise in excess of the following levels: Duration Per Day, Hours Sound Level dBA Slow Response 8 90 6 92 4 95 3 97 2 100 1.5 102 1 105 0.5 110 0.25 or less 115 06P.022.01 -4- When the daily noise exposure is composed of two or more periods of noise exposure of different levels, their combined effect should be considered, rather than the individual effect of each. If the sum of the following fractions: C1 + C2 + ... + Cn T1 T2 Tn exceeds unity, then, the mixed exposure should be considered to exceed the limit value. C indicates the total time of exposure at a specified dbise level, T indicates the total time of exposure permitted at that level. Exposure to impulsive or impact noise should not exceed 140 dB peak sound pressure level." SECTION 10. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-96 to read as follows: "Sec. 36-96. Lighting. Lessees shall ensure that house lights are brought up (turned on so the area is well lit) at all times prior to and after an actual performance and during intermissions. SECTION 11. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-97 to read as follows: "Sec. 36-97. Capacity. The maximum number of fixed seats, and the maximum number of tickets to be sold or distributed for events using fixed seats, shall be 6,000 in the Exhibit Hall and 2,526 in the Auditorium Theatre. SECTION 12. Amending Chapter 36 of the Code of Ordinances of the City of Corpus Christi, Texas to add new Section 36-98 to read as follows: "Sec. 36-98. Reserved Seats. For concert, athletic, or theatrical events, seating in the Exhibit Hall or Auditorium shall be by reserved seats, provided, however, the Convention Center Manager may, upon Lessee's request, authorize other than a reserved seating plan for such events, if the Convention Center Manager determines that there will likely be no significant crowd control safety risks. In making such determination, the Convention Center Manager should consider the following factors: 06P.022.01 -5- (a) Anticipated size of audience; (b) Relationship of anticipated location of audience to event location; (c) Anticipated activity of audience during the event, e.g., dancing or other audience participation activity; (d) Previous crowd control experience for similar events; (e) Anticipated predominant age of audience; and (f) Other factors which in the best professional judgment of the Convention Center Manager is reasonably anticipated to significantly affect crowd control safety." SECTION 13. Penalties. Each act or failure to act as required herein should be punishable by a fine of not less than $50.00 and shall not exceed $1,000.00. SECTION 14. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of the court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is definite intent of this City Council that every section, paragraph,. subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 15. Effective Date. The provision of this ordinance shall become effective June 1, 1986 in accordance with the City Charter, except that such provision shall not apply to lease contracts of such facilities which contracts had been executed prior to the date of passage of this ordinance. 06P.022.01 -6- That the foregoing ordinance wa read for fir t time and gp on this the625____ of second reading Crr��— following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong d to its , by the second time and pa sed to its third reading on this the oing ordinance as read for 19AL_, byto the That the foreg dayof following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the forgAqing ordina on this the day of Luther Jones Dr. Jack Best David Berlanga, Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong was read for 19 , by the fod time llong passed vote: 2 Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the �day of — y ecretary AP2 OVED: 2 S DAY OF 1 jij J2t .,.1R r THE CITY rf CORPUS CHRISTI, TEXAS 19259 STATE. OF TEXAS, Gtounty of Nueces. Before me, the undersigned, a Notary Public, this day personally came ...._._. _ __.... MARGARET RAMAGE who being first duly sworn, according to law, says that he is the COMMUNITY RELATIONS SUPERVISOR }ss: PUBLISHER'S AFFIDAVIT AD #43775 CITY OF CC/CITY SECRETARY of the Corpus Christi Caller and The Corpus Christi Times„ Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE #19259 A of which the annexed is a true copy, was published in Caller -Times Pub Co on the 14th day of......._.... April 19_. and once each day._ thereafter for..—. — —••—•- • one consecutive day ONE Times. 34.50 MARGARET RAMAGE Subscribed and sworn to before me this ...1.51-h EDNA KOSTER 11-30-88 Notary Publi Nueces Co nty, Texas NOTICE OF PASSAGE OF ORDINANCE # 19259 AMENDING CHAPTER 36 OFTHE ZODE TO RE- STRICTITY SMOKING, THE USE -. OF PYROTECHNIC DEVICES, NOISE LEVELS. AND SEAT - •_j ING IN THE COLISEUM, BAYFRONT PLAZA CONVEN- TION CENTER EXHIBIT HALL, IND BAYFRONT PLAZA AU- ITORIUM PROVIDING. A — OF NOT ENALTY F09 EACH SEPA- IIEES9TE ION THAN TS50.00 AND iHALL NOT EXCEED' $1.00000; PROVIDING FOR SEVERABILITY: AND PRO- VIDING FOR AN EFFECTIVE DAT1 OF JUNE t, 1986. - Was passed and approved by the City Council of the City of Corpus Christi, Tetras on the 8th day of April, 1986 2i The full text of said ordinance 1 is available to the public in the. Office of the City Secretary. C /s/ q Inando Chapa City Secretary • Corpus Christi, Texas NOTICE OF PASSEOF..__ 23456 • A MOTION (An(, no; P'11)_ -4 -ave 1601 moved and 0(4fno; f ilkA4,1) ) cLJ22F9(y seconded a motion to amend the ordinance amending Chapter 36 of the City Code to restrict smoking, the use of pyrotechnic devices, noise levels, and seating in the Coliseum, Bayfront Plaza Convention Center Exhibit Hall, and Bayfront Plaza Auditorium, prior to third reading, the first reading having been heard on March 25, 1986, and the second reading having been heard on April 1, 1986, by amending Section 13 by increasing the maximum fine not to exceed $1,000.00. Passed ' 06P.076.01