HomeMy WebLinkAbout030436 ORD - 02/24/2015 Ordinance
repealing Chapter 49, Article 1, Division 2. "Temporary Closure of Streets";
amending Chapter 53, Article VII "Parades and Marches" in its entirety to
modify and clarify parades, marches, and street events permit procedures
and requirements; providing an effective date; providing for severance;
providing for penalty; and providing for publication.
WHEREAS, the health, safety and welfare of persons who use public rights of way is of
paramount importance in the regulation of the public rights of way; and
WHEREAS, the City Council recognizes the unique need for prompt public expression
or celebration of views or ideas regarding certain issues, but also to impose reasonable
time and place regulations so that the City is afforded an adequate opportunity to
ensure the safe and effective control of public rights of way;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
THAT:
SECTION 1. That Chapter 49, Article 1, Division 2. "Temporary Closure of Streets" of the
Code of the City of Corpus Christi is hereby repealed.
SECTION 2. That Chapter 53, Article VII "Parades and Marches" of the Corpus Christi Code is
hereby amended in its entirety to read as follows:
ARTICLE VII. PARADES, MARCHES, AND STREET EVENTS
Sec. 53 200. Short title.
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Section 53-200204. DEFINITIONS.
"Athletic event" means any event in which a group of persons collectively engage in a sport or
form of physical exercise on or within a City street, parking facility, sidewalk, or other public
right-of-way including, but not limited to, walking, jogging, running, racing, bicycling,
rollerblading, and roller skating, other than a group of people participating in a parade, march,
or public assembly.
"Block" means one (1) side of a rectangular area surrounded by streets and usually containing
buildings, measured from corner to corner.
"City Manager" means the City Manager or his/her designee.
"Local Access Street" means street types that provide access to individual residences,
elementary schools and parks in a neighborhood.
"March" means an organized walk or procession by a group of people for a specific cause or
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issue.
"Neighborhood street event" means an event requiring the closure of one (1) block of a
residential local access street, as defined in the Urban Transportation Plan (UTP) or as
approved by the City's Traffic Engineer or designee, that are sponsored by a neighborhood
association or by persons living on the block that requires the use, occupation or full closure of
a street, sidewalk or public right-of-way. These events are outdoor gatherings or celebrations
which last for less than twelve (12) continuous hours, not requiring street closure past 12:00
a.m.
"Non-revenue-generating parade" means any parade for which no participation fee is charged
or for which no cash is accepted or collected as sponsorship or in support of the parade.
"Parade" means an athletic event, march, pageant, procession or other similar activity
consisting of persons, animals, vehicles or things, or any combination thereof, that does not
comply with normal traffic regulations or controls on a public right-of-way.
As used in this article the following terms shall have the respective meanings ascribed to them:
Parade: Three (3) or more persons evidencing a common purpose to attract the attention of
sidewalk, street, alley, park, easement or city owned lot within any total period of six (6) hours.
•- -. 1 •. --• • -- - •_ •.- • •• . . •- - ea •ea. --
parade.
Person: Any person, firm, partnership, association, corporation, company or organization of
any kind.
"Pre-parade or assembly" means any gathering or rally of the participants in and, if any, the
vehicles, animals, and equipment of a parade on any public property immediately prior to the
actual commencement of a parade.
"Post-parade or disassembly" means the activity occurring among the participants and if any,
the vehicles, animals, and equipment of a parade on public property, immediately following the
end of the parade.
"Public assembly" means any group of people participating in an organized activity (other than
public employees acting within the course and scope of their employment) on or within a City
street, parking facility, sidewalk or other public right-of way, other than a group of people
participating in an athletic event or parade.
Revenue-generating parade means any parade for which a participation fee is charged or for
which any cash is accepted or collected as sponsorship or in support of the proposed parade.
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"Spontaneous Demonstration" means a demonstration on an issue of immediate public
importance which will result in governmental action or inaction without the benefit of public
expression, lawful picketing by labor union, or political function, protest or statement, or any
other expressive activity protected by the First Amendment of the United States Constitution,
provided that such activity is the principal purpose of the event and unreasonably delaying the
event will nullify its effectiveness.
"Street Event" means any activity which occurs upon a City street, parking facility, sidewalk or
public property that will affect the ordinary use of public streets, rights-of-way or sidewalks.
This includes, but is not limited to, public assemblies, fairs, festivals, athletic events,
neighborhood events, parades and block parties.
"Parade, March, and Street Event Director" means the person designated by the permittee to
manage the Parade, March, or Street Event and who is responsible for compliance with City
Ordinances durinq pre-event, parade, march, or street event and post-event activities.
Section 53-201. PERMIT REQUIRED
(a) No person or organization shall conduct a parade, march, or street event that affects the
ordinary use of public streets, rights-of-ways or sidewalks without first having obtained a
Parade, March, and Street Event Permit from the City of Corpus Christi. Conducting a parade,
march, or street event without a permit is prohibited. A Parade, March, and Street Event Permit
is not required for a Spontaneous Demonstration.
(b) No person or organization shall conduct a spontaneous demonstration that affects the
ordinary use of public streets, rights-of-ways or sidewalks without first having obtained a
Spontaneous Demonstration Permit from the City of Corpus Christi. Conductinq a spontaneous
demonstration without a permit is prohibited.
Sec. 53-202. - Permit required; exceptions.
e- - -•e-e- 'e - - ..e, e •• e e- • - : -e- •-
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council, as
This article shall not apply to:
(1) Students going to and from school classes or participating in educational activities,
providing such conduct is under the immediate direction and supervision of the proper school
authorities.
(2) A governmental agency acting within the scope of its functions.
(3) Lawful picketing by a labor union.
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No streets shall be closed temporaril. -: •_ .• -- 'e • : - . e- - -e '- _ - _
manner as to impede the free flow of traffic without the issuance of a permit by the city as
provided herein. Any sponsor of an event desiring to close one (1) or more streets for said
event shall make application therefor on forms furnished by the city containing such
information as the city may require including, but not limited to, the date and loci
event, the name of the sponsoring organization, the purpose of the event, and a diagram
illustrating the street or streets to be closed and the layout of activities. The application must
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an application fee as hereinafter provided to cover administrative costs.
Section 53-202. PERMIT APPLICATION.
(a) An application for a Parade, March, and Street Event Permit shall be submitted to the City
with a nonrefundable payment of fifty dollars ($50) at least 60 days prior to the proposed
parade, march, or street event and no earlier than 365 days prior to the proposed parade,
march, or street event. The following information shall be provided: purpose of the parade,
march, or street event; name, address and telephone number of sponsoring organization or
individual; name, address and telephone number of the Parade, March, and Street Event
Director; proposed date, location and hours of operation; schedule of proposed events;
trash and recycling collection plan; route map, and such other information as the Police
Department or another City department deems reasonably necessary to determine that the
permit meets the requirements of this chapter. Untimely permit applications may be
accepted upon the City Manager finding good cause for late submittal.
(b) An application for a Spontaneous Demonstration Permit shall be submitted at least 2
business days prior to the proposed spontaneous demonstration. The following information
shall be provided: purpose of the spontaneous demonstration; name, address and
telephone number of sponsoring organization or individual; name, address and telephone
number of the Spontaneous Demonstration Director; proposed date, location and hours of
operation; and such other information as the Police Department or another City department
deems reasonably necessary to determine that the permit meets the requirements of this
chapter.
Sec. 53-203. - Application-for-permit,
• e- - •_ ••e • -_ - - . e. -- - •-• •_ ' - _ . :: - - .. . .. . _ -
contents thereof sworn to as of the date the application is presented.
less than seventy two (72) hours nor more than thirty (30) days before the date on which it
is proposed to conduct the parade.
(2)Contents. The application for a parade permit shall set forth the following information:
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parade;
(b)lf the parade is proposed to be conducted for, on behalf of, or by an organization, the
(d)The date when the parade is to be conducted and any acceptable alternate;
(e)The route to be traveled, the starting point and - - - •• - ':- ; -a . e •e -
alternate routes; if stops arc planned during parade, whether any speechmaking is
scheduled during such stops;
age groups; any anticipated change in the number of marchers during the course of the
parade;
and if so, where;
(h)A statement as to whether the parade will occupy all or only a portion of the width of the
streets proposed to be traversed;
(i)The location by streets of any assembly (pre parade) areas for such parade and
(})The interval of space-to be maintained between units of such parade;
(k)If the parade is designed to be held by, and on behalf of or for, any person other than the
writing from the person proposing to hold the parade, authorizing the applicant to apply for
the permit on his behalf;
(I)The general purpose of the planned parade, e.g. anniversary, memorial, protest,
religious, other;
(m)Any other reasonably necessary information the chief of police prescribes for such
standards of issuance set forth in section 53 201
(3) Late applications. The chief of police, where good cause is shown therefor, shall have
the authority to consider, but no duty to do so, any application hereunder which is filed Ices
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Sec. 53-212. - Contents of permit.
information:
(1)Date of parade;
(2)Starting time and termination time of parade;
(3)Minimum speed;
(-4)Maximum speed;
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(6)The portions of the streets to be traversed that may be occupied by the parade; portions
of streets and/or other public property to be used for assembly of parade and disassembly
of parade;
(8)The maximum length of the parade in miles or fractions thereof;
• - e - - e -- .e - -• . - e e e ' • •-- -a - . e .- _. . -- - e
this article.
Section 53-203. STANDARDS FOR DENIAL OF PERMIT.
(a) No Parade, March, and Street Event Permit shall be issued to any organizer or sponsor of
an event that owes money to the City. Reasons for denial of a Parade, March, and Street
Event Permit include: the event will disrupt traffic within the City beyond practical solution;
will interfere with access to fire stations and fire hydrants; the location of the parade, march,
or street event will cause undue hardship to adjacent businesses or residents; the event will
require the diversion of so many public employees that allowing the event would
unreasonably deny service to the remainder of the City; the application contains incomplete
or false information; the applicant fails to comply with all terms of this chapter including
failure to remit all fees and deposits or failure to provide proof of insurance and a save
harmless agreement to the City. The route and date of event will require approval by the
City to verify that adequate staffing is available to ensure the safety of the public at the
parade, march, or street event and in the community. A Parade, March, and Street Event
Permit may be denied based on a determination that the parade, march, or street event will
require the diversion of so many police officers from their regular duties as to substantially
impair police protection in the City.
(b) A Spontaneous Demonstration Permit may be denied for the following reasons: the event
will disrupt traffic within the City beyond practical solution; will interfere with access to fire
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stations and fire hydrants; the application contains incomplete or false information; and a
determination that the spontaneous demonstration will require the diversion of so many
police officers from their regular duties as to substantially impair police protection in the
City. The route and date of event will require approval by the City to verify that adequate
staffing is available to ensure the safety of the public at the spontaneous demonstration
and in the community.
for issuance of permit
The chief of police shall issue a permit as provided for hereunder when, from a consideration
of the application and from such other information as may otherwise be obtained, he finds that:
(1)The conduct of the parade will not substantially interrupt the safe and orderly movement of
other traffic contiguous to its route;
(2)The conduct of the parade will not require the diver - : - a -_ _ _..-- - :: . -
officers of the city to properly police the line of movement and the areas contiguous thereto as
to prevent normal police protection to the city;
(3)The conduct of such parade will not require the diversion of so great a number of
be occupied by the proposed line of march and areas contiguous thereto;
A -- e"• -- - as -• -- -• • - • ar or -••• --'. - -- ••
--
contiguous to such assembly areas or disassembly areas;
(5)The conduct of such parade will not interfere with the movement of firefighting personnel or
apparatus en route to a fire;
(6)The conduct of the parade will not create a clear and-present danger to persons and
property;
.. e. .:- --. _ -: _ --e • :-- ' ee'• : : ':"• a ee'• a - -- . ':-
expeditiously and without unreasonable delays en route.
Sec. 53-205. - Refusal of permit.
(a)The chief of police, the city manager or the city council may refuse an application for a
parade permit only if:
(1)The application is materially incomplete.
(2)The chief of police or the city manager or the city council, as the case may be, finds that the
standards required by section 53 204 of this article are not met.
agent a written list of reasons for refusal based on the application information or other
identified source of information within forty eight ('18) hours of the filing of the completed
application-- - _ - -- :- -- - - - • ' • - • _ e• e-. - _:: ' e
given at the time of personal delivery or as of the day following posting by mail, whichever the
case may be. The failure of the chief of police, the city manager or the city council to issue the
•• - e „ons or notice within the time prescribed shall not operate as any grant of
permission to parade.
(c)In the evaluation as to i-nuance of any parade permit, the occurrence of any scheduled
._ _. sass._.'_ '.. .. - .. . .. .. ... ... ...
immediate route area shall be considered.
constituting rejection grounds as specified in the written statement of refusal, or file '•tee
excluding city legal holidays, Saturdays and Sundays. The city secretary, on instruction of the
a e e - • aa. 'a e e sage •e -• a- - se . a •. - • • ea . - a- I
hours' personal notice of such hearing, by mail, telephone, or personally; provided, however,
le-s than three (3) days' public notice and not more than eight (8) days after filing of appeal
The chief o :: • - - -e e -- :•• • -- •e •- ae •••• 'e- e _ ::-. . ••:
• "•: : . - - -: - :.- e •- :: • : e - sass - '= - -
introduce evidence and testify, and both shall be represented by counsel, unle-s the applicant
waives such -e - -- - 'e- e -••• -
The hearing shall be closed at the conclusion of the proceeding in one se 'cion and may not be
- - as e a-. . •-• . ._ • •e . - e . •- :. • • e ease e- 'e- . - --e •-•
guidelines of-this article.
Sec. 53-209. - Alternate permit.
The chief of police, in denying an application for a parade permit, shall be empowered to
named by the applicant. An applicant desiring to accept an alternate permit shall, within three
the chief of police. An alternate parade permit shall conform to the requirements of, and shall
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Sec. 53-210. - Precedence of permits.
Parade permits, as to a given seven day period, will be granted in order of precedence as to
date of fit. e e -::
Where different applications are filed at the same time, precedence will be accorded to the
applications involving the largest number of persons in parade.
Sec. 53-2 . • . '. e ." - - • - - - - - ..• • . . -
Immediately
.Immediately upon the issuance of a parade permit, the chief of police shall send a copy thereof
to the following:
(1) The mayor;
(2) The city manager;
(3) The city attorney;
(1) The human relations director;
(5) The fire chief;
(6) The director of the department of inspections and operations;
(7) The postmaster;
(8) The director of public utilities;
(9) The director of civil defense;
(10) The local office of the state department of public safety.
Sec. 53-213. - Transfer of permit.
No permit issued hereunder shall be transferable without written consent of the chief of police
or the city manager.
Section 53-204. PARADE, MARCH, AND STREET EVENT COST.
The applicant shall be responsible for paying costs incurred by the City as a result of the
parade, march, or street event and any other fees required by City Ordinance. The City shall
provide the applicant with a cost estimate prior to the issuance of a Parade, March, and Street
Event Permit. Prior to the issuance of a permit for a parade, march, or street event, the
applicant shall agree in writinq to pay all costs incurred by the City as a result of the parade,
march, or street event.
Sec. 49 18. - Reimbursement for costs of the city.
. . • -- -e. -e - ---ee . - : e e•- . "e - -- - :e- e - .
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agree to either:
(a)Pay to the city four (4) per cent of the gross receipts derived from the event to defray the
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- a - •- •-- -- - -- - •- - --- - - - -- .
event_
Section 53-205. DEPARTMENTAL COST ANALYSIS.
1) Traffic Engineering Division Cost —
(a)For neighborhood street events, a cost recovery fee of one hundred twenty dollars
($120.00) will be assessed. Neighborhood events will require the use of traffic control devices.
Based on availability, the City may provide applicants with traffic control devices for a
refundable deposit of one hundred dollars ($100.00). Applicants who fail to return to the City
any traffic control devices or materials shall forfeit the amount deposited.
(b)For street events which require a traffic control plan, the applicant may choose to obtain a
traffic control plan from the City or from a professional engineer licensed in the State of Texas.
Three (3) sets of traffic control plans and direction on the set up of traffic control devices will be
provided to applicants obtaining services through the City. A review fee of one hundred dollars
($100.00) will be charged for the required review of traffic control plans submitted by an
applicant's professional engineer. The cost recovery fee, for services provided by the City, will
be required for such events based on the following sliding scale:
Approximate number of participants Fee
Less than 500 $250
501 or greater $550
An additional fee of one hundred dollars ($100.00) will be added to the above cost recovery
fee for any changes to an approved traffic control plan for secondary review.
(c) City approved traffic control plan -.Reoccurring street events that have a City approved
traffic control plan may utilize the previously City approved traffic control plan if no changes are
required to the traffic control plan because the proposed event is under the same set of
conditions as the previous event and such events will not be accessed the cost recovery fees
in subsection 53-205 (1) (b). A cost recovery fee, if no changes are required to the traffic
control plan from the previous year, of one hundred dollars ($100.00) will be assessed.
_ - . . - _ _ •• ; a events; required fees.
Upon the review of the application, the traffic engineer may issue permits for the temporary
closure of a street or streets in the following manner:
items are sold and which require the closure of one (1) residential neighborhood street
continuous hours, not requiring closure past 12:00 a.m., permits may be granted by the
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A permit application fee of one hundred twenty dollars ($120.00) is required for such
events.
'e-e s •5a5 - . -• -e .• - .- . •. e• e e•- • -•: .. If e- -• - ..
residing along the street to be closed. Neighborhood event permits require the use of
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.• • - -' - - • - - e -- .e: • • •
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control devices for a refundable deposit of one hundred dollars ($100.00). Applicants who
deposited.
(b) Small events. For small events which require the closure of one (1) minor street located
between two (2) int- - e -- e-- : e . -e .:'. -- o churches, schools, or
other public institutions, not involving extensive detouring of traffic and not requiring
closure for more than twelve (12) continuous hours, permits may be granted by the traffic
engineer. Notice of the granting of such permits shall be provided to the city council. For
the purposes of this section, the term "minor streets" shall mean any streets other than
application fee is required for such events based on the following sliding scale:
Approximate number of participants Fee
Less than 200 $420,00
200 319 $200.00
350 500 $300.00
The city will provide a traffic control plan as well as direction on the set up of traffic control
._ - Lam ' .. - e- - • e- - 'e- e - e• •
agreement with a licensed professional engineer consultant.
A fee of fifty dollars ($50.00) will be assessed for three (3) sets of traffic control plan prints.
control plan.
A review fee of fifty dollars ($50.00) will be charged for the required review of traffic control
plans submitted by an applicant's consultant engineer.
ee _ :. !M O! • ee ' a - _ • : •- ' _ • e e- . - e . -
shall forfeit the amount deposited.
Events of more than 500 participants will be considered a large/special event.
(c) Large/special events. For all other events, which shall be treated as large/special events,
e'•- e. -e '• ' -e -- - -: - •- e _ - e one (1) or more major
sliding scale:
- . Fee
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A traffic control plan fee of two hundred dollars ($200.00) will be required for events for
• •: e e. " - _ : ' e- •--: _ -
pre approved route.
• - _:: _ _ -- : e-- •_-: -e e e _ :. Mee e ,. _ a. e-: e . • • •. •*- e --
approved traffic control plan.
A rev'- . -- a ea- • - -: ae ee _ :. ••.•• e- a-e a •- -e .' -e e
•' ea - - - ---- -- - - -- - - - - - - -------
For large/special events, parades, walks, marches, and sporting events. Traffic control set
.: -: _ e- _ -. - -: : . -- . •' e• rol plan.
In addition to a temporary street closure permit issued under this section, a person seeking
• • - e - e- --• a. _ • . 0e . . .e• - •_ ••••• e e. ' _ '• • :. • _ • ' •
-_ -- :- _ • • _,_ e :' _ _, , . _ , _-_ :ter 53 of this Code.
2) Parks and Recreation Department Cost —Parks and Recreation Department will assess fees
required by the Corpus Christi Code for use of City property related to a parade, march, or
street event. When park maintenance service is necessary and provided by the City, the
permittee shall be responsible for reimbursing the City for the cost of providing park personnel.
The cost for City park personnel shall be the actual cost for the services provided. Actual cost
shall include salary, overtime (when applicable), benefits, and any vehicle usage cost. There is
a minimum two-hour cost per park personnel.
3) Police Department Cost - When the presence of on-duty police officers is necessary for a
parade, march, or street event, the permittee shall be responsible for reimbursing the City for
the cost of providing police personnel. The cost for City police personnel shall include salary
and any vehicle usage cost. Salary will be computed using the average overtime rate for a
senior officer. There is a minimum three-hour cost per on-duty officer.
The objective standards used to determine the number of police officers shall be as follows:
General traffic conditions in the area requested, both vehicular and pedestrian; Route to be
taken if the event is a parade or other moving event; Duration of the Street event; Whether all
or any portion of a roadway will be closed; The estimated number of people who will attend;
Uses adjacent to the event such as residential or commercial areas; Time and date of event;
Alcoholic beverages available for consumption at the event; Fireworks at the event; Wild or
undomesticated animals at the event; Need for safety zones (fireworks launch area,
balloon/helicopter launch or landing area, etc.); Peace officers or other security personnel the
promoter has obligated itself to hire for the event.
In no event will content of the event or the potential or anticipated reaction to the content by
others be considered as factors in the number of police officers needed. All reasonable
alternative routes, times and locations will be considered so as to offer the applicant the option
13
that will provide the economical costs consistent with the general public health, safety and
welfare.
4) Fire Department Cost - When the presence of fire fighters or EMS personnel is necessary
for a parade, march, or street event, the permittee shall be responsible for reimbursing the City
for the cost of providing fire/EMS personnel. The cost for City fire/EMS personnel shall be the
actual cost for the services provided. Actual cost shall include salary, overtime (when
applicable), benefits, and any vehicle usage cost. There is a minimum three-hour cost per
fire/EMS personnel.
5) Solid Waste Department Cost - Trash maintenance service must be provided by the
permittee during and immediately following the parade, march, or street event. When trash
maintenance service is necessary and provided by the City, the permittee shall be responsible
for reimbursing the City for the cost of providing solid waste personnel. The cost for City solid
waste personnel shall be the actual cost for the services provided. Actual cost shall include
salary, overtime (when applicable), benefits, and any vehicle usage cost. There is a minimum
two-hour cost per solid waste personnel.
Section 53-206. CITY SUPPORTED EVENTS
(a) City Supported Events do not require a deposit under this Chapter. The cost and fees
assessed under this Chapter may be reduced for City Supported Events. Applications for City
Supported Events must be submitted at least 180 days prior to the proposed parade, march, or
street event. Untimely permit applications may be accepted upon the City Manager finding
good cause for late submittal.
(b) Cost and fees for City Supported Events will be established contractually by the City with
the City Supported Event Sponsor.
(c) For consideration for classification as a City Supported Event, the Parade, March, or Street
Event must:
1 . draw a crowd of approximately 10,000 people;
2. draw visitors from outside the region resulting in hotel occupancy tax gains;
3. be coordinated by a non-profit organization where the majority of funds raised
during the event are retained/spent locally;
4. have free attendance to the public;
5. have community wide appeal and access; and
6. be of cultural, educational, health, or historical significance.
(d) Events meeting the requirements in subsection (c) shall be presented to City Council for
determination. City Council shall grant or deny City Supported Event designation. If a
designation is granted, the City Council reserves the right to remove the City Supported Event
designation at any time in the future.
Section 53-207. COST EXEMPT EVENTS.
(a) Spontaneous Demonstration shall be exempt from cost and fees.
14
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(b) Non-revenue-generating parades that do not require a traffic control plan shall be exempt
from Parade, March, and Street Event Permit cost and fees. The insurance requirements and
save harmless agreement are applicable to all non-revenue-generatinq parades that are
exempt from cost and fees.
* * * *
. . -- e-•- '-e - as •- •- e-••e• . .e. ► e e• • --
is require: e - -e• - ---- - '•e _. .e- ••. •- . -: e--e- . •e-
organized soley to cxprees the participants' right of free speech, at which no admission is
charged and no items are sold, and where no traffic control plan is required.
* * * *
Section 53-208. MOTION PICTURE EVENT
The City Manager may authorize temporary closure of a street for producing a historical,
cultural, documentary, promotional, or other similar motion picture, or for conducting a
comparable event, which will promote the City. In addition to the application fee required for a
Parade, March, and Street Event Permit, before the permit is issued, the sponsor shall pay the
same occupancy charges that would be required by section 53-195 for a contractor occupying
public right-of-way during erection, construction or repair of a building. If the City Manager
finds that producing the motion picture or conducting the event in the City will provide sufficient
favorable publicity and economic benefits to justify waiver, the City Manager may waive the
payment of said occupancy charges and Parade, March, and Street Event Permit cost and
fees.
* * * *
. e.'• . •.. .- - -e - ""2": .• . - e __ e e --
historical, cultural, documentary, promotional, or other similar motion picture, or for conducting
e•-: - -' - :••: - - - • - :: : . a .. :: • -- -e. e
:. : :- e .• - e- .. •_ e e- e e . e . -e e. e e• a
erection, construction o -e.' e . e.. _ .e. - e . - "-e e _ e --_ •: .5 ..e .e.
picture
e-
picture or conducting the event in the city will provide sufficient favorable publicity and
economic benefits to justify waiver, the council may waive the payment of said occupancy
charges and may waive the requirements of subsections (a) and (b) above.
• * * *
Section 53-209. PERFORMANCE DEPOSIT REQUIRED.
A performance deposit of 20% of the parade, march, or street event cost estimate shall be
remitted to the city before the Parade, March, and Street Event Permit is issued. Cost in
excess of the performance deposit shall be billed after the parade, march, or street event.
Payment of cost in excess of the performance deposit will be due 30 days after billing. A
15
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performance deposit will be refunded if the parade, march, or street event does not occur.
Section 53-210. INSURANCE REQUIRED.
Permittee is required to obtain and present evidence of comprehensive liability insurance
naming the City as an additional insured and a waiver subrogation on all applicable policies.
The insurance requirement for small events is commercial general liability coverage of
$500,000 per occurrence. The insurance requirement for large events is commercial general
liability coverage of $1,000,000 per occurrence. Permittee shall not hold an event until all
required insurance has been obtained and approved by the City. Permittee must furnish to the
City two (2) copies of Certificates of Insurance with applicable policy endorsements, showing
the minimum coverage by insurance company(s) acceptable to the City's Risk Manager within
thirty (30) days prior to the Parade, March, and Street Event.
- e • : - - - - e - ..•L
* * * *
(c) Insurance policies •. -e • . • .e e• •e-. -e . e- ee . --e .. - ••••••• ---
coverage for small events of five hundred thousand dollars ($500,000.00)/five hundred
thousand dollars ($500,000.00)/one hundred thousand dollars ($100,000.00) and for large
events of five hundred thousand dollars ($500,000.00)/one million dollars ($1,000,000.00)lone
hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall
be supplied the city at least five (5) days prior to the event.
* * * *
Section 53-211. SAVE HARMLESS AGREEMENT.
Permittee is required to provide a save harmless agreement in which permittee agrees to
defend, pay and save harmless the City, its officers and employees, from any and all claims or
lawsuits for personal injury or property damage arising from or in any way connected to the
Parade, March, or Street Event; excepting any claims arising solely out of the negligent acts of
the City, its officers and employees.
- •• • • ..
* * * *
(d) The sponsor shall .e -- e '---•- . - -e e - - - .. - -- . , e •• - - .
arising from the event.
* * * *
Section 53-212. LIMITATION OF LIABILITY.
This chapter shall not be construed as imposing upon the City or its officials or employees any
liability or responsibility for any injury or damage to any person in any way connected to the
use for which permits has been issued. The City and its officials and employees shall not be
deemed to have assumed any liability or responsibility by reasons of inspections performed,
the issuance of any permit, or the approval of any use of the right-of-way.
Section 53-213. PARADE, MARCH, AND STREET EVENT REQUIREMENTS.
Permittees must ensure the parade, march, or street event meets the following conditions and
requirements. The City shall provide permittee list of all requirements based on the type and
size of the parade, march, or street event.
16
(1) Temporary traffic control devices, meeting Texas Manual on Uniform Traffic Control
Devices (TMUTCD), shall be obtained by the permittee and installed in accordance with a
traffic control plan approved by the City Traffic Engineer.
.: : •. --ace -. : - : -- •- se • : • e -- e ea. : ' - •-
conditions and requirements for such temporaFy-sle-surc imposed by the city including, but not
limited to, the following:
-• ea ass, • a- . . ' .. .e .a. .e • . --
e • e e ' e• •. -e . -- •- - - : . • .e - :. ee - - - - •.
the traffic engineer.
(-g) (2) Adequate restroom facilities must be provided to accommodate the needs of the public.
(h.) (3) All other permits required by the state or any other public authority must be obtained by
the sponsor permittee at least two (2) weeks prior to the event.
(i)All security shall be provided by the sponsor:
(i) (4) Any construction of booths, stages, displays, electrical services and plumbing shall
comply with the relevant City Codes and shall be in accordance with the layout approved in the
permit.
(1 ) (5) A sufficient supply of potable water shall be supplied within the event site.
(-I-) (6) Adequate first aid stations shall be provided by the sponsor permittee.
(raa-) (7) The sponsor permittee shall provide continuous cleaning of the site during the event
and at the conclusion of the event restore the site to the same condition it was in prior to the
event. Adequate trash receptacles must be provided to accommodate the needs of the public.
Any damaged public property shall be restored by the sponsor permittee upon conclusion of
the event.
(n) (8) Vehicles shall be prohibited from parking on grass areas within the street right-of-way.
(o) No paint ore -- •.: . e- e- ••' . .• - - . . e e • - . • e :- _ - . .
pavement markings.
(p) (9) Provision shall be made for the free passage of emergency vehicles into the event area
in case of emergency.
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to charge an admission fee.
In addition to the foregoing conditions and requirements, the city may require such other
'e• a -e .' -•--- _ _ - _ e•_ e . • - - .. , e- - - ---e a •- --
in order to ensure the public safety and protect public property.
(10) The Parade, March, and Street Event Director shall be onsite during the pre-event, the
Parade, March, or Street Event and the post-event activities.
applicable laws and ordinances. The parade chairman or person I ding the parade shall be
conspicuously identified by arm bands.
(b) The parade chairman or other person hgading or I ceding such activity shall carry the
parade permit upon his person during the conduct of the pre parade, parade and post parade
activities.
Section 53-214. NOTIFICATION REQUIREMENTS.
(a) Prior to issuance of a Parade, March, and Street Event Permit for neighborhood events,
applicant shall provide a petition, as furnished by the city, containing the signatures of seventy-
five (75) percent of adult residents of the street to be closed indicating their consent to the
proposed street closure. The petition is due within thirty (30) days prior to the Parade, March,
and Street Event.
* * * *
(a) * * * * Neighborhood events require the participation of one hundred (100) percent of all
persons residing along the street to be closed. Neighborhood event permits require the use of
traffic control devices.* * * *
(b) Prior to issuance of a Parade, March, and Street Event Permit for Street Events other than
neighborhood events, applicant shall, at applicant's expense, notify all registered neighborhood
associations, religious institutions, schools and owners of property, as shown on the current
tax roll, along all block faces of the proposed street closure. Notification must be made within
thirty (30) days prior to the Parade, March, and Street Event.
(c) Parade, March, and Street Events other than neighborhood events, that have occurred on
a yearly basis for the last five (5) years may provide notification by publication in lieu of notify
all registered neighborhood associations, religious institutions, schools and owners of
property, as shown on the current tax roll, along all block faces of the proposed street closure.
* * * *
(f)(1)Notice required under this section must be furnished and posted at least two (2) weeks
prior to the required city council meeting at which the motion to approve the permit will be
considered.
18
- - •e. : : -- e _:e 'It at • -"e - . . -e. •- . :: ::- e -- _ e . .. --
notice by using the standard approved form supplied by the traffic engineer.
(3)Required recipients of written notice.
•- . :: ' _ : ::- : . - - _ :: . .. ' -- -: ' - : - : ::: .-.
e - - _ : - : '-e - •. - e. - e e operty abutting that portion of the street
2-To all building managers and property managers of all multi-tenant properties abutting
that portion of the street to be closed to vehicular traffic.
- -- - - '-e - ** ".ea - -_ -- - Ca - at - • --.
b.Proof of delivery. As part of the permit application process, the applicant must show the
traffic engineer proof of having furnished the written notice required under this chapter.
c.Hand delivery. Proof of each hand delivery may be shown by providing the signature of the
recipient, along with the recipient's name, addres, and contact information.
d.Certified mail. If written notice cannot be made by hand delivery, proof may be shown by-ho
receipt of certified mail delivery.
('l)Posting of approved written notice required. The applicant or sponsor must post the
abutting that portion of the street to be closed to vehicular traffic.
(5)At least two (2) weeks' notice of public meeting required. The applicant or sponsor's
approved written notice of the proposed temporary street closure shall include notice ef- he
••- -: : ' . * . • • ---- - wee : -- :- ... .
scheduled.
Section 53-215. SANITATION AND CLEAN-UP.
A Parade, March, and Street Event Permit may be issued only after adequate waste disposal
facilities have been identified and obtained by permittee. Permittee may be required to utilize
City signage addressing litter and recycling. Such signaqe must be returned to the City at the
end of the event. Permittee will clean the right-of-way of rubbish and debris, returning it to its
pre-event condition, within 24 hours of the conclusion of the parade, march, or street event. If
the permittee fails to clean up such refuse, such clean up shall be arranged by the City and the
costs charged to permittee.
19
Section 53-216. REVOCATION OF PARADE, MARCH, AND STREET EVENT PERMIT.
All permits issued pursuant to this chapter shall be temporary and do not vest any permanent
rights. Reasons for revocation of a Parade, March, and Street Event Permit include application
contained incomplete or false information; applicant does not comply with all terms and
conditions of permit; applicant fails to arrange for or adequately remit all fees, deposits, or
insurance to the City; or a disaster, public calamity, riot or other emergency exists. All fees,
performance deposit and proof of insurance shall be submitted to the City thirty (30) days prior
to the parade, march, or street event. Failure to submit all required fees, performance deposit
and proof of insurance is cause for revocation. Revocation of a Parade, March, and Street
Event Permit may be appealed by the same process as an appeal which results from denial of
a permit.
be revoked by the chief of police or by the council, regardless of the issuer of the permit,
except that a chief's revo _ • -•. -- :. - -•-•* -* e • - • e.- - - - .
A permit may be revoked under the following circumstances:
and/or route, including pre parade and post parade activity;
• - - e e.•. - - : • • e - _ e-- --• •e- - -_ e"- -'- e • • - --
peace;
•• , -. - -- : - :- - _ ee • . ':n:
Notice of revocation will be given by the chief of police or his duly authorized agent or by a duly
authorized representative of the city council and, if the exigencies of the situation permit, in
writing, delivered to any known member or officer of the sponsor, and, if none be available on
ordinary prudence viewing the facts arid--ci-rcu-mstances, at the moment in the parade situation.
Section 53-217. APPEAL PROCEDURE.
Any applicant whose Parade, March, and Street Event Permit application has been denied or
revoked may request a review of this decision by the City Manager. This request must be in
writing and received by the City Manager within five business days of the notice of permit
denial or revocation. The City Manager or designee shall set a hearing date within 15 days of
receiving such appeal request. At such hearing, the applicant is entitled to be heard and
present evidence in their behalf. The City Manager or designee shall determine whether the
20
•
denial or revocation of the permit is justified.
Appeal of revocation, if during the parade proce-s, shall be made to the duly authorized city
agent on the scene. He shall, forthwith, either rescind the revocation, if the chief of police or
- •• - -: -: -"-- a ee : : • -•
Ifthe on eco-- . :e-. - - - - ._ -- _ - . :e•. • ••. _ .._: -
not more than three (3) hours to the city manager, who shall follow the same process as the
on scene representative. Finally, if the appellant for the applicant permittee be dissatisfied, he
• " - - ._ ' - *:-.I of the revocation with the city secretary in the procedure and manner
: _:: _ e•• . - e- :-- _ e :: "-e . •e •' . ee-. . :-
noticed, docketed, processed, heard and disposed of in the like manner.
Section 53-218 215. PUBLIC CONDUCT DURING PARADES, MARCHES, AND STREET
EVENTS
(1) Interference. No person shall unreasonably hamper, obstruct, impede, or interfere with
any parade, march, or street event assembly, disassembly, or with any person, vehicle or
animal participating or used in a parade, march, or street event.
(2) Driving through parades, marches, or street events. No driver of a vehicle shall drive
between the vehicles, persons or animals comprising a parade, march, or street event when
such vehicles, persons or animals are in motion and are conspicuously designated as a
parade, march, or street event, unless directed by a peace officer.
(3) Parking on parade, march, or street event route. The Police Department shall have the
authority under both this article and other ordinances of the City regulating parking, when
reasonably necessary, to prohibit or restrict the parking of vehicles along a street or road or
part thereof constituting a part of the route of a parade, march, or street event. The police
department shall post signs to such effect, and it shall be unlawful for any person to park or
leave unattended any vehicle in violation thereof.
(4) Prohibited items. The City may prohibit parade, march, or street event participants from
having items, such as squirt guns or silly string, that could lead to crowd control issues or
jeopardize public safety. The City will notify parade, march, and street event applicants of
prohibited items.
Sec. 53 216. - Restraining-order.
or post parade activities so as to substantially imperil the health, safety, morals or welfare of
manager or the city council, to petition any court of competent jurisdiction for an cx parte
21
Section 53-219 217 PENALTY
Each person violating any provision of this article shall, upon conviction, be punishable by a
fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) the limit
provided in section 1 6.
Section 53-220 218 53-249. RESERVED.
SECTION 3. This ordinance takes effect April 1 , 2015.
SECTION 4. 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 a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the 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 5. Penalties are as provided in Section 1-6 of the Code of Ordinances.
SECTION 6. Publication shall be made one time in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
22
That the foregoing ordin nce was read for the first time and passed to its second reading on
this the II.'`"day of - 1 kLW " by the following vote:
Nelda Martinez 0 i • Brian Rosas
___th_di_s_t_
Rudy Garza 11,k 2 Lucy Rubio ` , 1
Chad Magill I A; Mark Scott `,A
Colleen McIntyre atIC Carolyn Vaughn 4
Lillian Riojas akAAif
Th t the foregoin ordinance was read for the second time and passed finally on this the
7('- `'day of WaYtk 0--1,02 1 , 1,0 1.5 , by the following vote:
1
Nelda Martinez Brian Rosas 0 !
Rudy Garza Lucy Rubio _ /.
Chad Magill ( ,( 2 Mark Scott a 1.
Colleen McIntyre ' Carolyn Vaughn �_,_,
ii
Lillian Riojas
6
PASSED AND APPROVED, this the Orth day of ''thR.1�
ATTEST:
zLe 4,,,,,i-7.,
(\.Ut -----
ebecca Huerta Nelda Martin
City Secretary Mayor
ECTIVE DATE
1 5
23
030436
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad#470980
PO#
Before me,the undersigned, a Notary Public,this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak,Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 03/02/15 Mon
CC-Internet - caller.com ) 03/02/15 Mon
LEGAL SALES REPRESENTATIVE
Le—
On
eOn this J day of , 20 I certify that the attached document is a true
and exact copy made by publisher.
Notary Public, St. - •f T1 as
MICHELLE JOYCE CABRER
A
� , My Commission Expires
March 19,2016
4E I March 2,2015 I CALLER TIMES
NOTICE OF PASSAGE OF /c
ORDINANCE(S)
NO.030436,Ordinance repeal-
ing Chapter 49, Article 1, .
Division 2. "Temporary Clo-
sure of Streets"; amend-
ing Chapter 53, Article VII
"Parades and Marches" in
its entirety to modify and
clarify parades, marches,
and street events permit
procedures and require-
ments; providing an effec-
tive date; providing for
severance; providing for
penalty; and providing for
publication. This ordinance
was passed and approved
on second reading by the
City Council on February 24,
2015.
/s/Rebecca Huerta
City Secretary
+• .de..t