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