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HomeMy WebLinkAboutOrdinance 19255-08-2010ORDINANCE NO 19255-OS-2010 AN ORDINANCE AMENDING CHAPTER 20, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS" OF THE CODE OF THE CITY OF FORT WORTH, BY ADDING ARTICLE XII ENTITLED, "OUTDOOR EVENTS," TO REGULATE THE CONDUCT OF OUTDOOR EVENTS WITHIN THE CITY, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION, AND NAMING AN EFFECTIVE DATE. WHEREAS the citizens of Fort Worth often engage in outdoor events on City- owned property and private property including festivals, parades, and neighborhood parties, and WHEREAS, it is recognized that these outdoor events enhance the Fort Worth lifestyle and provide benefits to citizens and visitors that are not normally provided as part of governmental services, and WHEREAS, ~t is also recognized that events m neighborhoods provide a venue for neighbors to get to know one another and helps build strong and safer neighborhoods throughout our Crty and WHEREAS, outdoor events offered to the general public often attract a large gathering of people, which may cause parking, traffic and crowd management concerns and the need to involve City services to address public health and safety conditions, and WHEREAS outdoor events and parades require careful and effective planning and coordination to provide necessary public health, safety and welfare services for the participants and attendees in order to hold enjoyable, successful events and avoid undue disruption of ongoing business, recreational, social or other endeavors in the community and WHEREAS the intent of the following regulations is to provide a coordinated and comprehensive process for the regulation of outdoor events on public or private property between the City of Fort Worth and the event in order to ensure the health and safety of the participants, spectators and attendees, and WHEREAS, it ~s also the intent of the City Council to protect the rights of its citizens to engage in protected free speech expression activities with the least restrictive and reasonable time, place and manner regulations of those activities, while addressing the impacts upon public facilities and services and public health and safety and WHEREAS, rt is advisable to update and incorporate the current special events policy into the City's Code to provide a more systematic approach to planning and permitting such events and activities to allow proper allocation and provision of essential but limited public health and safety services and careful expenditures of public funds that the demand from these events is likely to create NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. The Code of Ordinances of Fort Worth, Texas is hereby amended by adding a new article, Article XII, `Outdoor Events, to Chapter 20 `Licenses and Miscellaneous Business Regulations, composed of Sections 20-401 through 20-443 which read as follows ARTICLE XII. OUTDOOR EVENTS DIVISION 1 GENERAL PROVISIONS Sec. 20-401. Scope This Article is intended to be the framework within which all outdoor events held in the City are approved and regulated. This Article shall apply to all outdoor events, as defined herein, located within the Crty regardless of whether the events are located on private or public property This Article does not apply to events that are held exclusively indoors. Neighborhood events and neighborhood parades, as defined herein, will be governed by Division 9 of this Article Sec. 20-402. Purpose and Intent (a) The City recognizes the need to encourage and promote events for the greater good, cultural diversity and promotion of the City (b) The Crty finds that there are an increased number of demands upon Crty resources and infrastructure from applications to hold outdoor events m the Crty streets, sidewalks and parks and for large outdoor events on private property In order to conserve and allocate City resources and to adequately protect the public safety of the event participants, neighboring property owners, residents and businesses, rt is necessary to regulate the use of the City's parks, streets and public areas by those desiring to hold outdoor events on public property and to regulate large outdoor events on private property (c) The intent of this Article is to ensure that the Crty will have adequate advance notice of outdoor events and the ability to plan and allocate the Crty services that will be needed while recouping the City's costs associated with outdoor events, such as personnel, equipment, utilities, maintenance and administrative costs 2 Sec. 20-403. Responsible City Department The Public Events Department shall be responsible for overseeing the issuance of all permits for Special Events, First Amendment Events, Parades, Neighborhood Events, Neighborhood Parades and events in General Worth Square. Unless otherwise provided, events occurnng in the City's public parks shall be the responsibility of the Parks and Community Services Department; events in the Water Gardens shall be the responsibility of the Public Events Department; and events m Burnett Park shall be the responsibility of Downtown Fort Worth, Inc. as contracted with the City Unless otherwise provided, the Applicant shall submit all information related to an event to the Public Events Department. The Outdoor Events Manager as designated by the Public Events Department, shall be responsible for processing the application, issuing the permit and assuring compliance with the requirements of this Article. Sec. 20-404. Definitions The following words, terms and phrases, when used m this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Annual Permit means the written authorization from the City allowing an Applicant to hold a serves of planned events for the next calendar year in the defined Outdoor Events Districts and m neighborhoods. Appeals Hearing Committee means the Committee composed of the Director of Public Events Department, the Director of Transportation and Public Works Department, the Fire Chief, the Police Chief and a representative from the City Manager's Office designated by the City Manager to hear appeals from the denial of the Events Calendar Committee to place a requested event on the events calendar or the denial or revocation of a Special Event or Parade Permit. The City Attorney or his designee shall serve m a non-voting capacity to advise the Committee on any legal issues. Applicant means the Person who has filed a wntten application for a Special Event, Parade, First Amendment Event, Neighborhood Event or Neighborhood Parade permit that is responsible for conducting the event and the responsible organization, corporation or other group on whose behalf the individual is requesting the permit. Block means one side of a rectangular area surrounded by streets and usually containing buildings, measured from corner to corner Chief of Police means the individual designated to that position by the City Manager of the City of Fort Worth, Texas together with all Deputy Police Chiefs and such other individuals as may be designated by the Chief of Police. City means the City of Fort Worth, Texas. 3 City Traffic Engineer means the individual designated to that position by the Director of the Department of Transportation and Public Works. Cultural District means that area between Montgomery Street, Camp Bowie Boulevard, University Drave and Harley Street. Downtown Outdoor Events District (DOED) means that area between Jones Street, Henderson Street, Belknap Street and Lancaster Street. Emergency Services and Fire Safety Plan means a plan submitted by the Applicant setting forth its plans for providing emergency services and evacuation, including fire prevention and fire suppression on Public and Private Property used for the event, and emergency medical services to performers, entertainers, exhibitors, speakers, attendees or other persons at the Event, as defined herein. Established Event means an event with an attendance of 1 000 or more that has been permitted for the past five consecutive years. Established Neighborhood Event means a Neighborhood Event sponsored by a neighborhood association that has been held for two or more consecutive years at the same location. Established Neighborhood Parade means a Neighborhood Parade sponsored by a neighborhood association that has been held for two or more consecutive years at the same location. Event means a Special Event, First Amendment Event or Parade. Event Area means the area or areas, not necessarily contiguous to each other which are central to the Event and which are erected and/or utilized by the Applicant for the production of the Event, including, but not limited to areas open to attendees, stages, barncades, parked vehicles, booths, tents, or other temporary or permanent structures and including the area immediately surrounding those items or locations. Event Site Plan means the scaled schematic drawing indicating the placement of stages, vendors, booths, seating, amplifiers, bleachers, tents, toilets, generators, propane tanks, barracades, signage, dumpsters and other information required by the Outdoor Events Manager Events Calendar Committee means the necessary representatives from City staff as determined by the City Manager two at large members from residents of the City of Fort Worth as designated by the Director of Public Events and one representative from each of the following orgamzations• The T The Fort Worth Convention and Visitors Bureau, Sundance Square, Downtown Fort Worth, Inc. the Cultural Distract, Near Southside and the Stockyards that meet to set the calendar of Events in the City 4 Fees (where the term is not specified as being a particular type of fee) means the amount of money required to be paid to the City by an Applicant pursuant to this Article for the issuance of a permit m order for the Crty to recover the direct and indirect costs associated with the event. Fire Chief means the mdrvidual designated by the Crty Manager and confirmed to that position by the Crty Council of Fort Worth, Texas, together with all Deputy Fire Chiefs and such other individuals as maybe designated by the Fire Chief. First Amendment Activity means all expressive and associative activity on public streets that is protected by the United States and Texas Constitutions, including speech, press, assembly and the right to petition, but does not include commercial advertising. First Amendment Event means an event where the sole or principal object is First Amendment Activity First Amendment Event Permit means the written authorization from the Crty allowing an Applicant to hold a First Amendment Event on public rights-of way but does not include sidewalks. Gated Event means an outdoor gathering that is gated, thereby closing a portion of Public Property to the public and excluding members of the public. Goods mean food, dunks, wares, personal property merchandise or any other similar item. Intersection, for the purpose of a Parade, means the function of any two streets within the Parade route, but shall not include any staging or disbanding area. National Night Out means the annual nationwide community-police awareness event to promote neighborhood spirit and police-community partnerships to generate support fbr and participation m, local anticrime programs. Near Southside Outdoor Events District (NSOED) means that area between Evans Avenue and Kentucky Street on the east, FW&W RR and UP RR on the west, Vickery Blvd. on the north, and Morphy Street on the South. Neighborhood Event means outdoor gatherings or celebrations with less than 500 attendees at any one time on a residential street, as defined by the City's current Master Thoroughfare Plan, that are sponsored by a Neighborhood Association or by persons living on the block that require the use, occupation or full or partial closure of a street, sidewalk or public right-of way Neighborhood tours, such as home or garden tours, shall not be considered a Neighborhood Event. Neighborhood Event Permit means the written authorization from the City allowing an Applicant to hold the Neighborhood Event as defined herein. 5 Neighborhood Parade means a procession of less than 500 pedestrians, vehicles or animals or any combination thereof, traveling in unison along or upon a residential street, as defined by the City's current Master Thoroughfare Plan, and organized, conducted and sponsored by a Neighborhood Association or by persons living on the block for the purposes of attracting the attention of the attendees and/or expressing or celebrating views or ideas by use of verbal, visual, literary or auditory means of communication. Neighborhood Parade Permit means the written authorization from the City allowing an Applicant to hold the Neighborhood Parade as defined herein. Non-incoming Producing Events means those events held on private property in the Stockyards Outdoor Events Distract and the Near Southside Outdoor Events Distract that are not fenced and do not charge admission. Outdoor Events Manager means the person designated by the Public Events Department Director to implement, administer and enforce this Article. Parade means a procession of pedestrians, vehicles or animals or any combination thereof, traveling m unison along or upon a street, road, or highway organized and conducted for the purposes of attracting the attention of the general public and/or expressing or celebrating views or ideas by use of verbal, visual, literary or auditory means of communication. Parade shall not mean a Neighborhood Parade, funeral procession or a procession of vehicles operated in compliance with ordinary traffic laws or a procession of pedestrians along or upon public sidewalks, public parks, or Private Property Parade Permit means the written authorization from the City allowing an Applicant to hold a Parade as defined herein. Parking Plan means a written proposal for the operation and regulation of parking on Private and Public Property Permit means the written authorization from the City allowing an Applicant to hold an Event as defined herein or perform the function for which he/she filed an application. Person means an individual, firm, partnership, corporation, limited liability company joint venture, organization, contractor subcontractor affiliate, agent, representative, association or other legal entity of any kind, any lawful trustee, successor assignee, transferee, heir or personal representative, but shall not mean the City Police Services Plan means a plan to provide traffic, crowd and parking control, public security and service calls, including not only the street or streets to be closed but any other streets or public areas in the close proximity that may be utilized for alternative routes or for parking of vehicles of persons attending the Event. 6 Pre Event Committee means the necessary representatives from City staff as determined by the City Manager and one representative from each of the following organizations. The T Med Star Texas Alcoholic Beverage Commission and The Fort Worth Convention and Visitors Bureau that will conduct the pre-event meetings for compliance with this Article. The designated representative to the Event Calendar Committee from Sundance Square, Downtown Fort Worth, Inc., the Cultural Distract, Near Southside Distract and the Stockyards shall attend as a Committee member only when the proposed Event is m that representative s designated Event District or area. Private Property means all property that is located within the boundaraes of the City except for property that is owned by the City Public Property as defined herein, or by another governmental entity Public Property means any dedicated or undedicated public land, outdoor park and outdoor recreational facilities, streets, highways, municipal parking lots, parkways or alleys, public spaces and rights-of way within the Crty Religious Institution means private property utilized on a regular basis, but m no case less than a weekly basis, for conducting religious classes and/or worship services. Special Event means a single temporary daily outdoor gathering or a temporary celebration or serves of related consecutive outdoor daily gatherings or celebrations, sponsored by a Person that is expected to draw five hundred (500) or more attendees at any one time held on Public Property or Private Property that includes one or more of the following: 1) partial or full closure of a public street; 2) blocking or restricting access to Public Property 3) blocking or restricting access to Private Property of others, 4) use of pyrotechnics or special effects, 5) use of open flame, explosions or other potentially dangerous displays or actions as outlined m the City's Fire Code; 6) sale ar distribution of merchandise, food, or beverages on Public Property or on Private Property 7) erection of a tent on Public Property or on Private Property 8) installation of a stage, band shell, truck, trailer van, portable building, booth, grandstand, or bleachers on Public Property or Pravate Property 9) placement of portable toilets on Public Property or on Pravate Property or 10) placement of temporary no-parking, directional, oversize or identification signs or banners m or over a public right-of way or on Pravate Property where otherwise prohibited by ordinance. Special Event Holiday means any holiday proclaimed by the Mayor as a special community celebration. Special Event Permit means the written authorization from the City allowing an Applicant to hold the Special Event as defined herein or perform the function for which hefshe filed an application. Stockyards Outdoor Events District (SOED) means that area between Packers Street, North Main Street, Stockyards Blvd. and 23rd Street. 7 Supplemental Services Fee means actual costs incurred by the City to provide Crty services to the Event, to include the salanes of the responding police, fire and emergency officers and City employees, at the salary then in effect for each classification of each individual officer for the amount of time actually spent m responding to or remaining at the Event; appropnate overhead, the actual costs of any medical treatment to inured officers or employees, and the cost of repamng any damaged City equipment or property Traffic Control Plan means a wntten proposal for the operation and regulation of traffic control devices used to facilitate vehicular and pedestnan traffic safely and efficiently through a temporary traffic control zone. Walks, Runs and Races means their usual and customary usage and shall be treated as a Special Event unless otherwise stated in this Article. Sec. 20-405. Permit Required (a) It shall be unlawful for any person to hold, sponsor or cause to be held an Event without first having obtained the applicable Permit from the Public Events Department or Parks and Community Services Department. All Events m public parks shall be subject to Division 6 of this Article. (b) This section shall apply to all aspects of pennrttmg Events m the Crty (1) No Permit shall be denied nor shall the Applicant be given less favorable treatment as to time, manner or place based upon race, color creed, religion, gender domestic relationship status, parental status, sexual onentation, transgender gender identity or gender expression, national ongin, or political affiliation of the Applicant and/or the participants of the event. (2) No Permit shall be denied nor shall the Applicant be given less favorable treatment as to time, manner or place based upon the message of the event, nor based on the identity or associational relationships of the Applicant and/or participants. (3) No Permit shall be denied nor shall the Applicant be given less favorable treatment as to time, manner or place based upon any assumption or predictions as to the amount of hostility which may be aroused m the public by the content of speech or message conveyed by the event, provided that reasonable accommodation as to time, manner and place may be required m order for the City to provide the resources necessary for police, fire and emergency services protection. (c) No Permit shall be issued until a completed application, together with any additional information requested, is received by the Outdoor Events Manager The application must be m compliance with the regulations and requirements of this Article. (d) The closure of any nghts-of way shall require a street closure permit from the Transportation and Public Works Department. 8 Sec. 20-406. Exceptions The provisions of this Article do not apply to (a) An Event conducted entirely on the property of a Religious Institution, educational institution, college or university campus. City streets or parking lots for multi-tenant buildings, regardless of location, shall not be considered part of a Religious Institution, educational institution, college or university campus, (b) Property owned or controlled by the City subject to a contract, lease or management/operating agreement with a pnvate party where the agreement addresses outdoor events on the property (c) Events conducted entirely on property containing an occupied pnvate residence; (d) Funeral processions, (e) Sports facilities located on Crty property (including but not limited to ball fields, golf courses, tenors courts, swimming pools) (f) House moving, demolition and construction activities, (g) An activity conducted that is held m compliance with the zoning of the property and m accordance with its Certificate of Occupancy and if applicable, the City Council has approved the partial or full closure of a street, road or highway (h) Events held at Texas Motor Speedway (i) Events held for National Night Out; (j) Neighborhood tours, such as home or garden tours, (k) Special Event Holidays, (1) First Amendment Activity conducted entirely on sidewalks, m public parks or on Private Property or (m) Events conducted under the supervision of or with the permission of a governmental entity on property owned, leased, or operated by a governmental entity other than the City if the Event does not require the closing or rerouting of a public street, the entity employs certified peace officers to provide security for the Event, and the entity adopts, and provides to the City a written plan addressing emergency services, crowd, traffic and parking control. Sec. 20-407 Rules and Regulations Additional Event operating guidelines, policies and procedures may be developed and adopted administratively by the Crty Manager which may include but not be limited to, processes, cost recovery for public safety sanitation and transportation personnel, resources, surety and insurance requirements. Such rules and regulations shall be based on due regard for public health, safety and welfare of citizens and event attendees. Sec. 20-408. Fees (a) Fees for Permits shall be adopted by the City Council. No Permit fees shall be charged for a political march or rally conducted on public sidewalks or in City parks or plazas, or for other non-commercial exercise of rights guaranteed by the First Amendment of the United States and the Texas Constitution. 9 (b) An Applicant shall be required to pay all fees for permits and licenses required by other City ordinances to conduct specific activities in conjunction with or as part of an Event. Sec. 20-409 Timeframes Where a timeframe or deadline established m this Article results m an item being due on a weekend, holiday or a day the Crty is closed for business, the item shall be due on the business day immediately following said weekend, holiday or closed business day DIVISION 2. SPECIAL EVENTS AND PARADES Section 20-410. Events Calendar (a) The Outdoor Events Manager shall create an Events Calendar for each fiscal year beginning m October for the purpose of setting the City's calendar for upcoming Special Events and Parades m the City (b) A wntten notice of intent to hold a Special Event or Parade shall be submitted to the Outdoor Events Manager to be placed on the City's yearly Events Calendar no earlier than three hundred sixty five (365) days pnor to a Special Event or Parade. The Events Calendar Committee, at its discretion, may reduce the time frame required for an Applicant to submit and attend an Events Calendar meeting, but not less than one hundred eighty (180) days before the date of the proposed Special Event or Parade. (c) The Outdoor Events Manager shall deny the application if the Applicant fails to submit a wntten notice of intent to hold a Special Event or Parade to be placed on the Events Calendar as required by this ordinance. (d) First Amendment Events shall be exempt from this Section. Sec. 20-411 Events Calendar Committee Meeting (a) The Outdoor Events Manager shall be responsible for establishing and publishing the dates, times and location of the Events Calendar Committee meetings and notifying the Committee members and the Applicant of the meetings. (b) The Events Calendar Committee shall meet for the purpose of setting the City's Events calendar for upcoming Special Events and Parades m the City In setting the yearly Events Calendar the Events Calendar Committee shall review the current submitted notices of intent to hold an event to be placed on the Events Calendar other activities being held in the City and any conflicts related to dates, times and location, Established Events, City resources, and space capacity for the requested Special Event or Parade (c) All Applicants requesting a Permit for a Special Event or Parade must attend an Events Calendar Committee meeting no later than two hundred ten (210) days before the date of the proposed Event. The Events Calendar Committee, at its discretion, may reduce the time frame required for an Applicant to attend an 10 Events Calendar meeting, but in no event later than one hundred eighty (180) days before the date of the proposed Special Event or Parade. (d) In determining whether to accept the Applicant's request to place a Special Event or Parade on the yearly Events Calendar for the requested dates and times, the Committee shall consider (1) Whether there are competing applications or other activities that are substantially for the same time and place where both cannot logistically occur together (2) When there are competing applications that are substantially for the same time and/or place, each of which requires police, emergency services or fire protection over and above what would normally be provided in that location and the Chief of Police or Fire Chief has determined that there is not a sufficient quantity of personnel to provide adequate coverage for each of the events, and (3) The written comments received from property owners as shown by the current tax roll and residents along all the block faces of the proposed Event as required to be noticed by Section 20-413 and all Religious Institutions, schools and registered neighborhood associations within one fourth ('/) mile surrounding the proposed Event. The Events Calendar Committee shall consider the failure of a property owner to return written comments as non-opposition to the proposed Special Event or Parade. (e) In a case of competing Events for the same time and place, priority shall be given to an Established Event, unless the location requested has been used in the three preceding years by a non Established Event. For anon-Established Event, priority shall be given to the order m which the wntten notice of intent to hold an Event or Parade is received by Outdoor Events Manager (f) The Events Calendar Committee shall have the authority to deny the Applicant a specific date and time based on paragraph (e) above, provided however the Committee shall offer alternative dates, times and/or location for the requested Special Event or Parade. An Applicant desiring to accept the alternative permit shall, within five (5) days after notice of the action of the Outdoor Events Manager file a wntten acceptance with the Outdoor Events Manager If the Applicant refuses the alternate date, time or location offered by the Events Calendar Committee, the Committee shall recommend that the Outdoor Events Manager deny the wntten notice of intent to hold a Special Event or Parade and application for a Permit. (g} The Events Calendar Committee shall recommend that the Outdoor Events Manager deny an application for a Permit for failure of the Applicant to attend a timely Events Calendar Meeting. Sec. 20-412. Pre-Event Meeting (a) The Outdoor Events Manager shall be responsible for establishing the dates, times and location of the Pre-Event meeting and notifying the Committee members and the Applicants of the meetings. 11 (b) The Pre Event Meeting shall be for the purpose of reviewing the application and all required permits for compliance with this Article and any applicable policies approved by the City Manager (c) No Pre-Event Meeting shall be scheduled until a complete application is received by the Outdoor Events Manager (d) All Applicants requesting a Special Event or Parade Permit must attend the Pre- Event Meeting no later one hundred twenty (120) days before the date of Event to review the application. (e) Failure of the Applicant. to attend the scheduled Pre-Event Meeting shall be grounds for denial of the Permit. (f) The Pre Event Committee shall recommend that the Outdoor Events Manager deny the application if the Applicant is unwilling or unable to comply with all the requirements of the Ordinance. (g) First Amendment Event applicants are not required to attend aPre-Event Meeting. Sec. 20-413. Notification Requirements (a) Events Outside the Downtown Outdoor Events District (1) Notification Prior to the Events Calendar Meeting a. Special Events. No later than thirty (30) days pnor to the date of the Events Calendar Meeting excluding Parades, Walks, Runs and Races, the Applicant for a Special Event Permit shall provide wntten notice, at Applicant's expense, to the all registered Neighborhood Associations, Religious Institutions and schools within '/ mile surrounding the Event, and all owners of property as shown by the current tax roll, along all the block faces of the Event. Notice shall also be sent to the Outdoor Events Manager Such notice shall be by depositing the same, properly addressed and postage paid, in the United States mail. The notice must state the date, time and location of the Events Calendar Meeting and Pre Event Meeting, the type of Event, the dates(s) of Event, the specific street closures and the time the streets will be closed. b Parades. Walks, Runs and Races. Applicants for Parades, Walks, Runs and Races shall provide wntten notice no later than thirty (30) days prior to the Events Calendar Meeting, at Applicant's expense, to all registered Neighborhood Associations, Religious Institutions and schools within one-fourth ('/)mile surrounding the proposed route and to all property owners around any staging area and any street closure. Notice shall also be sent to the Outdoor Events Manager Notice may be provided by United States mail, electronic mail, signs posted on pnvate property publication m one issue of the local section of a newspaper of general circulation m the City or hand delivery 12 c. For condominiums, hotels or high rise residential buildings, notice may be provided to the property manager or the Homeowners Association. (2) Notification Prior to Date of Event a. S,~ecial Events. No later than thirty (30) days pnor to the date of a Special Event, excluding Walks, Runs and Races, the Applicant shall provide written notice, at Applicant's expense, to all registered Neighborhood Associations, Religious Institutions and schools within '/ mile surrounding the Event and all owners of property as shown by the current tax roll, along all the block faces of the Event. Notice shall also be sent to the Outdoor Events Manager Notice may be provided by United States mail, electronic mail, signs posted on pnvate property pubhcahon m one issue of the local section of a newspaper of general circulation m the City or hand delivery b Parades. No later than thirty (30) days prior to the Parade, the Applicant, at Applicants expense, shall provide a notification letter to all affected businesses and/or residents. Notice shall also be sent to the Outdoor Events Manager A copy of the notification letter and distribution list shall be provided to the City prior to sending the notification letter Notice may be provided by United States mail, electronic mail or hand delivery c. Walks, Runs or Races. No later than thirty (30) days prior to the Walk, Run or Race, the Applicant, at Applicant's expense shall provide written notice to registered neighborhood associations, Religious Institutions and schools wrthm one-fourth ('/) mile surrounding the proposed walk/run and all property owners around the staging area and any street closure. Notice shall also be sent to the Outdoor Events Manager Notice may be provided by United States mail, electronic mail, signs posted on pnvate property publication in one issue of the local section of a newspaper of general circulation m the City or hand delivery d. For condominiums, hotels or high rise residential buildings, notice may be provided to the property manager or the Homeowners Association. (b) Events Inside the Downtown Outdoor Events District (1) Notification Prior to the Events Calendar Meeting and Pre-Event Meeting a. Special Events. At least thirty (30) days prior to the date of the Events Calendar Meeting and the Pre Event Meeting, the Applicant for a Special Event, excluding Walks, Runs and Races, 13 shall provide written notice, at Applicant's expense, to all registered Neighborhood Associations, Religious Institutions and schools within '/ mile surrounding the Event The T the Convention and Visitors Bureau, Sundance Square, Downtown Fort Worth, Inc. and all owners of property as shown by the current tax roll, along all the block faces of the Event. Such notice shall be by depositing the same, properly addressed and postage paid, in the United States mail. The notice must state the date, time and location of the Events Calendar and the Pre-Event Meeting, the type of Event, the dates(s) of Event, the specific street closures and the time the streets will be closed. b Parades, Walks, Runs and Races. Applicants for Parades, Walks, Runs and Races shall provide written notice at least thirty (30) days prior to the Events Calendar Meeting and Pre-Event Meeting, at Applicant's expense, to all registered Neighborhood Associations, Religious Institutions and schools within one-fourth ('/) mile surrounding the proposed Walk, Run and Race, The T the Convention and Visitors Bureau, Sundance Square, Downtown Fort Worth, Inc. and all property owners around the staging area and any street closure. Notice may be provided by United States mail, electronic mail, signs posted on private property publication in one issue of the local section of a newspaper of general circulation in the City or hand delivery c. For condominiums, hotels or high-rise residential buildings, notice may be provided to the property manager or the Homeowners Association. (2) Notification Prior to Date of Event a. Special Events. No later than thirty (30) days prior to the date of the Special Event, excluding Walks, Runs and Races, the Applicant shall provide written notice, at Applicant's expense, to all registered Neighborhood Associations, Religious Institutions and schools within '/ mile surrounding the Event, The T the Convention and Visitors Bureau, Sundance Square, Downtown Fort Worth, Inc. and all owners of property as shown by the current tax roll, along all the block faces of the Event. Such notice shall be by depositing the same, properly addressed and postage paid, in the United States mail. b Parades. No later than thirty (30) days prior to the Parade, at Applicant's expense, shall provide a notification letter to all affected businesses and/or residents, The T the Convention and Visitors Bureau, Sundance Square, and Downtown Fort Worth, Inc. A copy of the notification letter and distribution list shall be provided to the Crty prior to sending the notification letter Notice 14 may be provided by United States mail, electronic mail or hand delivery c. Walks, Runs and Races. No later than thirty (30) days pnor to the Walk, Run or Race, at Applicant's expense, shall provide written notice to registered Neighborhood Associations within '/ mile surrounding the proposed Walk, Run and Race, The T the Convention and Visitors Bureau, Sundance Square, Downtown Fort Worth, Inc. and all property owners around the staging area and any street closure. Notice may be provided by United States mail, electronic mail, signs posted on pnvate property publication m one issue of the local section of a newspaper of general circulation m the City or hand delivery d. For condominiums, hotels or high-nse residential buildings, notice may be provided to the property manager or the Homeowners Association. (c) Posting on the City's Webpage. The dates and times of the Events Calendar Meeting, the Pre Event Meeting, Special Events and Parades shall be posted on the City's designated web page by the Outdoor Events Manager at least twenty (20) days, but no more than thirty (30) days, pnor to~ the date of the meeting or Event. (d) Compliance and Response (1) The Applicant shall file an affidavit with the Outdoor Events Manager prior to the Events Calendar Meeting, the Pre-Event Meeting and the Event showing that notice has been provided as required above. Submittal of the affidavit to the Outdoor Events Manager shall be proof of notification required m this Article and the Outdoor Events Manager shall not be responsible for verifying the information submitted by the Applicant. (2) At the request of the Outdoor Events Manager any questions or concerns from residents, business or property owners shall be addressed by the Applicant prior to issuance of a Permit. (3) The Outdoor Events Manager shall timely notify the Mayor and the Councilmember for the Distnct m which the Event is being held. Sec. 20-414 Special Event Permit Process (a) Permit Required It shall be unlawful for any person to hold, sponsor or cause to be held a Special Event without first having obtained a Special Event or Parade Permit from the Outdoor Events Manager 15 (b) Mandatory Requirements for the Issuance of a Special Event Permit Compliance with the following shall be required before the Outdoor Events Manager may issue a permit: (1) Timely written request to be placed on the Events Calendar (2) Attendance by the Applicant at a timely Events Calendar meeting; (3) Submission of a completed application no later than one hundred eighty (180) days poor to a Special Event; (4) Payment of all application fees at the time of submission of the completed application, (5) Attendance by the Applicant at the Pre-Event meeting; (6) Payment of all permitting fees no later than one hundred twenty (120) days prior to the Event; (7) Submission of all required plans, (8) Notice to surrounding property owners for the Events Calendar and the Pre Event Meetings as required by this Article; (9) Execution of a user agreement; and (10) Submission of all insurance and other requirements under this Article. (c) Application Process (1) A person seeking to hold a Special Event shall apply for a Special Event Permit by filing with the Outdoor Events Manager a wntten application upon a form provided by the Crty Each application must be accompanied by a nonrefundable fee as adopted by the City Council. The amount paid for the application fee shall be deducted from the amount required to be paid for the permitting fee if the event is approved. (2) An application must be filed no less than one hundred eighty (180) days before the date on which the proposed Special Event shall occur (3) An application must contain at a minimum the following information. a. The name, address, and twenty-four hour telephone number of the person seeking to conduct the Special Event and who will be responsible for its conduct; b Estimated projected attendance affidavit; c. Execution of user agreement; d. If the Special Event is to be held for on the behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and the name and address of the authorized responsible representatives of the organization, e. A description of the Special Event, including any historical and promotional information, and requested dates and hours for operation of the event; f. The dates and times when the Special Event is to be conducted, including set up and removal, 16 g. A noise mitigation plan that addresses noise impacts on surrounding businesses and residences if the Special Event includes amplified music; h. Proof that the Applicant possesses or is able to obtain all licenses and permits required by the City or by state law for the Special Event; i. The time and type of any entertainment and whether amplification will be used, ~ The use of any pyrotechnics display k. The time streets or sidewalks are to be blocked or closed, 1 The number of persons proposed or required to monitor or facilitate the event and provide spectator or participant control, m. Event Site Plan indicating location of generators, tents, stages, booths, utility poles, stands, disbanding areas, signs, banners, vendors, portable toilets, orientation of amplifiers and loudspeakers, lighting, disability access, viewing stands, the name and location of streets or sidewalks to be blocked or closed and the location of any barncades and bleachers, n. If any alcohol is going to be sold or distributed, the vendors and application for license for sale issued by the Texas Alcoholic Beverage Commission, o Emergency Services and Fire Safety Plans, p Police Service Plans, q Traffic Control Plan, Parking Plans and trash/recyclingplaris, r Compliance with all City plumbing and electrical code requirements, and sanitation and sewage disposal facilities requirements, s. Details of how the Applicant will clean up the area after the Special Event, if on Public Property t. Any additional information related to health and safety which the City finds reasonably necessary to make a determination as to whether a permit should be issued, and u. Provide a copy of Events Calendar and Pre-Event Meetings notification letters and distribution list to all affected businesses, property owners and/or residents as required by this Article. (4) After submission of the application, the Outdoor Events Manager may request supplemental information. Section 20-415. Parade Permit Process (a) Permit Required (1) It shall be unlawful for any number of persons, delegations,) or associations of persons, or for any company circus, or group to conduct a Parade along or upon the streets of the City without first obtaining a 17 permit. No permit shall be required for the use of the sidewalks of the City for any procession or parade. (2) It shall be unlawful for any number of persons, delegations, or associations of persons, or for any company circus, or group to conduct a Parade upon any median, median step or traffic island designed for the purpose of separating or directing vehicular traffic. (3) Only one Parade shall be allowed on the same calendar day in the following areas. 1) the DOED• 2) the Cultural District; 3) the NSOED or 4) the SOED Outside these locations, permits maybe issued for Parades to be conducted on the same calendar day at the same time by the Outdoor Events Manager in consultation with the Chief of Police and the Fire Chief, or their designees m regard to the respective department's available resources. Times shall be conflicting if the Parade starting times are less than four hours apart. (4) No permit shall be issued if a. The Parade would conflict with previously planned Events or programs in the area scheduled for the same time and place; b The Parade would present an unreasonable danger to the health or safety of the Applicant, participants or citizens of the City c. The Parade would duly interfere with proper fire and police protection or ambulance service to the area contiguous to the parade route and alternative means of service acceptable to the City is not available; or d. The Parade will place such a burden on the Police, Fire or Emergency Services that they would be unable to provide normal services to the rernamder of the City e. 'The Parade would interfere with events scheduled at the Fort Worth Convention Center or the Will Rogers Memorial Center (b) Mandatory Requirements for the Issuance of a Parade Permit Compliance with the following shall be required before the Outdoor Events Manager may issue a permit: (1) Timely written request to be placed on the Events Calendar (2) Attendance by the Applicant at a timely Events Calendar meeting; (3) Submission of a completed application no later than one hundred eighty (180) days prior to the Parade; (4) Payment of all application fees at the time of submission of the completed application, (5) Attendance by the Applicant at the Pre-Event meeting; (6) Payment of all permitting fees no later than one hundred twenty (120) days prior to the Event; (7) Submission of all required plans, (8) Notice to surrounding property owners for the Events Calendar and the Pre-Event Meetings as required by this Article; (9) Execution of a user agreement; and 18 (10) Submission of all insurance and other requirements under this Article. (c) Application Process (1) A person seeking a permit for a Parade shall file an application m wasting on a form to be provided by Outdoor Events Manager An application for a Parade Permit and all associated fees shall be filed with the Outdoor Events Manager not less than one hundred eighty (180) calendar days before the date of the proposed Parade except for exempt Parades as provided above. (2) The contents of the application shall mclude• a. The name, address and telephone number of the person seeking to conduct a Parade; b If the Parade is to be held for or by an organization, the name, address, telephone number of the headquarters of such organization and the names and numbers of authorized and responsible heads of the organization, c. The name, address and all telephone numbers of the Applicant responsible for the conduct of the Parade; d. Location, date and time of the Parade; e. A written description of the proposed route to be traveled, the starting point and the termination point of the Parade, including a map illustrating the exact route of the Parade; f. If the Parade will be held in the DOED then the Applicant shall choose a designated route provided by the Outdoor Events Manager in consultation with the City Traffic Engineer g. The estimated number of any riders, animals, animal drawn vehicles, floats, motor vehicles, motorized displays and marching units or organizations, such as bands, color guards, and drill teams that will constitute the Parade; h. A statement as to whether the Parade will occupy all or only a portion of the width of the streets proposed to be used, i. The streets that will be partially or completely closed during the Parade; ~ The location by streets of any assembly areas for the proposed Parade; k. The time at which units of the Parade will arrive at the assembly area, 1. Event Site Plan indicating location of generators, tents, vendors, portable toilets, amplifiers, viewing stands and bleachers, if any m. Emergency Services and Fire Safety and Traffic Control Plans, n. The estimated attendance at the Event; o Details of how the Applicant will clean up the area after the Parade, if on Public Property 19 p Any additional information related to health and safety which the Outdoor Events Manager finds reasonably necessary to make a detennmahon as to whether a permit should be issued, and q No later than thirty (30) days pnor to the Parade, provide a notification letter to all affected businesses and/or residents. For condominiums, hotels or high-nse residential buildings, nonce may be provided to the property manager or the Homeowners Association. A copy of the notification letter and distribution list shall be provided to the Outdoor Events Manager pnor to sending the notification letter (d) Issuance of Parade Permit (1) The place, duration and manner of use of the public streets and other public ways and places for Parades shall be subordinate to the public safety comfort and convenience, the maintenance of order and the avoidance of congestion. The Outdoor Events Manager shall issue a permit upon finding: a. The conduct of the Parade will not interfere with the safe and orderly movement of traffic near the Parade route; or b The Parade is scheduled to move from its point of origin to its point of termination without unreasonable delays, or c. The conduct of the Parade is not likely to cause injury to persons or property to result m or to provoke disorderly conduct, not or create a disturbance, or d. The conduct of such Parade will not interfere with the movement offire-fighting equipment or fire protection activities, or e. The conduct of such Parade will not require the diversion of a number of police officers to properly police the line of movement and areas near the Parade so as to prevent normal police protection to other areas of the City or f. The conduct of the Parade will not require the diversion of a number of ambulances as to prevent normal ambulance service to other portions of the City or g. The movement of the Parade will not conflict in time and location with another Parade or Event for which a permit has been granted. Section 20-416. Parades in the Central Business District All Parade routes held in the DOED must be on a designated route provided by the Outdoor Events Manager Except for Parade of Lights, all Parades must not start any earlier than 10 a.m. and must end no later than 2 p.m. All streets must be cleaned and reopened no later than 3 p.m. 20 DIVISION 3. FIRST AMENDMENT EVENTS Sec. 20-417 Permit Process (a) Permit Required (1) An application for a First Amendment Event shall be filed with the Outdoor Events Manager not more than three hundred sixty five (365) days before the proposed event. (2) If an organization plans a First Amendment Event within thirty (30) calendar days of the proposed event, an application for a First Amendment Event Permit shall be filed with the Outdoor Events Manager within three (3) calendar days of the date on which the event begins but not less than two (2) calendar days before the proposed event. The Outdoor Events Manager and the Applicant shall meet with the Police and Fire Departments pnor to the First Amendment Event. (3) The Outdoor Events Manager may issue a First Amendment Event Permit for an application filed less than thirty (30) calendar days provided there is adequate time for the City to process the application and to assure that there are adequate traffic, health and safety measures m place for the safe and orderly movement of the event participants and traffic near the route. DIVISION 4. PUBLIC PARK EVENTS Sec. 20-418. Permit Process (a) Permit Required (1) Except for Events in General Worth Square, which shall be administered by the Outdoor Events Manager the Water Gardens, which shall be administered by the Public Events Department; and Burnett Park, which shall be administered by contract with Downtown Fort Worth, Inc., all events with one person or greater that require the use of a park outdoor facility such as a park pavilion, shall file a facility reservation application with the City's Park and Community Services Department. (2) Tnnity Park a. Events with an expected attendance of five hundred (500) or more persons shall be required to comply with the provisions of this Article, including placement of the Event on the Events Calendar and attendance at the Pre-Event meeting. The Pre Event Committee review shall be limited to the impact of the Event outside the park system. Permitting shall be coordinated with the Outdoor Events Manager the Parks and Community Services Department and the Applicant. b Events with an expected attendance of less than five hundred (S00) persons that are contained within Tnnity Park and associated park 21 system, including Trinity Trails, and do not require a closure of a street exterior to the park shall be administered by the Parks and Community Services Department. (3) Public parks other than Trinity Park a. Events with an expected attendance of one thousand (1 000) or more persons shall be required to comply with the provisions of this Article, mcludmg placement of the Event on the Events Calendar and attendance at the Pre-Event meeting. The Pre Event Committee review shall be limited to the impact of the Event outside the park system. Permitting shall be coordinated with the Outdoor Events Manager the Parks and Community Services Department and the Applicant. b Events with an expected attendance of less than one thousand (1000) persons that are contained within the park system, including Trinity Trails, and do not require closure of a street shall be administered by the Parks and Community Services Department. (4) Any Event requiring a street closure external to the park or park system shall be administered and permitted by the Outdoor Events Manager in coordination with the Parks and Community Services Department. (5) This Article shall not apply to Mayfest or Concerts in the Garden. (6) The Parks and Community Services Department shall maintain written procedures for obtaining a park facility reservation permit, and said procedures shall be placed m the department's policies and procedures manual, provided to the Outdoor Events Manager and provided to the public upon request. (7) All Gated Events located m a City park shall be regulated by the Department of Parks and Community Services m consultation with the Chief of Police and the Fire Chief. No Gated Event m a public park shall be approved until the Applicant certifies that admission will not be denied based on race, color creed, religion, gender parental status, familial status, sexual orientation, national origin, political affiliation or gender identity (8) After a facility reservation application has been processed by the Parks and Community Services Department, the Department, shall forward the processed application and permit, if any to the Outdoor Events Manager for informational and calendaring purposes and the Outdoor Events Manager shall maintain the file on such Event. (9) Other than Events requiring a street closure external to the park or park system, the decision of whether to grant or deny a park permit shall be made by the Director of Parks and Community Services Department, which shall be final. The denial or revocation of a Permit for Events requiring a street closure external to the park or park system may be appealed pursuant to Sec.40-437 22 DIVISON 5. OUTDOOR EVENT DISTRICTS Sec. 20-419 Downtown Outdoor Events District (DOED) (a) In addition to the regulations set out m this Section, all Events in the DOED shall be required to comply with this Article and all City policies and procedures. (b) There shall be increased fees for all Events in the DOED which will be approved annually by the City Council. A security deposit, as determined by the City Manager shall be required for all Events m the DOED due to the need to protect enhanced amenities in the downtown area. (c) The owners of the Sundance Flying Saucer Lot, Gateway Lot and the Sundance Square Chisholm Trail Lot shall be allowed to submit an application for the next calendar year and receive an Annual Permit for all planned events that do not involve a street closure (d) All Events in the DOED shall be placed on the Events Calendar and applicants shall be required to attend all Pre Event meetings as required by this Article. The Pre Event Committee may require an enhanced Parking Plan and Traffic Control Plan for Events held on Friday or Saturday nights. (e) Other than Events contained entirely on private property and water and food distributed at the end of Walks, Runs and Races, and to remedy emergency situations, no food or beverage shall be sold, served or distributed, for any Event with an estimated attendance of less than five thousand (5 000) attendees per day Actual attendance at a pnor Event will be used to determine the attendance number (fj Where a street closure is required for the Event, no more than two (2) Events with an estimated attendance of less than five thousand (5 000) attendees shall be allowed within the same two block radius within a three (3) week period. (g) No business delivery parking shall be blocked at any time before, during or after an Event. (h) For Special Events and Parades occurnng in the DOED no traffic control devices, including signs, barncades, cones or other traffic management elements, may be delivered or stored on public property pnor to the date specified on the Special Event or Parade permit. (i) No set up shall be allowed pnor to twenty-four (24) hours before the start of the Event for Special Events or Parades with an expected attendance of less than 100 000 attendees. For Special Events or Parades with an expected attendance of more than 100 000 no set shall be allowed pnor to forty-eight (48) hours before the start of the Event without the approval of the Outdoor Events Manager (j) Barncades must be staffed at all times with a minimum of one person at least eighteen (18) years of age who is wearing a reflective safety vest. (k) Other than the Parade of Lights, Parades must not start any earlier than 10 a.m. and must end no later than 2 p.m. All streets must be cleaned and reopened no later than 3 p.m. (1) In addition to the requirements of the Outdoor Events Ordinance and all polices and procedures adopted by the Crty all events in the DOED shall submit and obtain approval from the Pre Event Committee for the following plans 23 (1) Attendee parking, (2) Support vehicle parking; (3) Trash disposal and nightly pick up and (4) Noise mitigation (bands, amplifiers, etc) (m) All Parade routes held in the DOED must be on a designated route provided by the Outdoor Events Manager Except for Parade of Lights, all Parades must not start any earlier than 10 a.m. and must end no later than 2 p.m. All streets must be cleaned and reopened no later than 3 p.m. Sec. 20-420 Near Southside Outdoor Events District (NSOED) (a) Except for the permitting exception of non-income producing events on pnvate property in this Section, the NSOED shall be required to comply with all the regulations of this Article and all City policies and procedures. (b) Non-income producing Events held on pnvate property m the NSOED that do not involve a street closure shall be allowed to submit an application for all planned Events for the next calendar year and receive an Annual Permit. (c) All Events shall be placed on the Events Calendar as required by Sec. 20-410, but the Applicant for anon-income producing Event that has obtained an Annual Pennrt shall not be required to attend an Events Calendar or Pre-Event Meeting. (d) No later than seventy-two (72) hours pnor to a non-income producing Event on pnvate property the Event holder shall be required to provide email notice to the Outdoor Events Manager and to the Police and Fire Department. Sec. 20-421 Stockyards Outdoor Events District (SOED) (a) Except for the permitting exception of non-income producing events on pnvate property m this Section the SOED Events shall be required to comply with all the regulations of the Outdoor Event Ordinance and all City policies and procedures. (b) Non-income producing Events held on pnvate property in the SOED that do not involve a street closure shall 'be allowed to submit an application for all planned Events for the next calendar year and receive an Annual Permit. (c) All Events shall be placed on the Events Calendar as required by Sec. 20-410, but the Applicant for anon-income producing Event that has obtained an Annual Permit shall not be required to attend an Events Calendar or Pre Event Meeting. (d) No later than seventy-two (72) hours prior to anon-income producing Event on pnvate property the Event holder shall be required to provide email notice to the Outdoor Events Manager and to the Police and Fire Department. (e) No Event shall be allowed to barncade full closure of a street within the SOED for more than four hours m any forty-eight (48) hour period. Bamcades must be staffed at all times with a person at least eighteen (18) years of age who is weanng a reflective safety vest. (fj In addition to the requirements of this Article and all policies and procedures adopted by the City all income producing or Gated Events or Events requiring a street closure m the SOED shall submit and obtain approval from the Pre Event Committee for the following plans. 24 (1) Parking Plan for attendees, (2) Support vehicle parking; (3) Trash disposal and nightly pick up• and (4) Noise mitigation (location of bands, amplifiers, etc) (g) The Fort Worth Herd cattle dnve is excluded from the requirements of the SOED and this Article. DIVISON 6. GENERAL PROVISIONS FOR SPECIAL EVENTS, PARADES AND FIRST AMENDMENT EVENTS Sec. 20-422. Additional Permits Required (a) Portable restrooms (1) All Events that provide portable restrooms must indicate on the Special Event or Parade Site Plan the exact location where the portable restrooms) shall be placed. (2) If the portable restrooms are not placed at the location designated on the Event Site Plan, the Outdoor Events Manager or her/his designee shall give the Applicant oral or wntten notice to move the portable restrooms) to the proper location. The Applicant must have the portable restrooms) moved immediately but m no case later than four (4) hours after notice. Should the Applicant fail to meet this requirement, the Applicant shall be subject to the penalties set forth m this Article. (3) The Event Site Plan shall state the time that the portable restrooms) shall be removed. In the event that the portable restrooms are not removed by the time set forth in Events Plan, the Applicant shall be subject to the penalties set forth in this Article. Where the Applicant provides evidence of a good faith effort to have the portable restroom owner remove the portable restrooms m a timely manner the City shall not subject the Applicant to the penalties, but shall instead provide wntten notice to the portable restroom owner requinng removal of the portable restrooms within twenty four (24) hours of receiving the City's wntten notice. Should the owner fail to meet this requirement, the owner shall be subject to the penalties set forth m this Article. (4) If portable restrooms are placed on public property for an Event that is not permitted, the Outdoor Events Manager shall require the owner of the portable restrooms to remove the portable restrooms within twenty-four (24) hours of receiving the written notice. Should the owner fail to meet this requirement, the owner shall be subject to the penalties set forth in this Article. (5) The provisions of this subsection shall not apply to Events held entirely on pnvate property providing placement and use of the portable restrooms are not affecting adjacent property owners or tenants and it meets the requirements of the City Code. 25 (b) Alcohol Permit No alcohol may be served and/or sold at any Event unless the Applicant receives an alcohol permit as required by the Texas Alcoholic Beverage Commission. Permits must be posted and visible to the public. (c) Food Permit It will be responsibility of the Applicant to contact the Fort Worth Code Compliance Department, Consumer Health Division, to obtain necessary permits and information on proper dispensing and handling procedures for any food that is being provided or served at the Event. (d) Barricades Each barricade must be staffed at all times during the Event with at least one person at least eighteen (18) years of age who is wearing a reflective safety vest. (e) Recycling Recycling at Events is strongly encouraged, but is not mandatory Sec. 20-423. Projected Attendance Estimates For purposes of this Article, attendance estimates by the Applicant shall be accompanied by an affidavit stating the basis of the estimate. Each estimate shall be based upon all the relevant factors known at the time, including, without limitation, past attendance at similar functions having the same and similar performers, both m the City and comparable communities, the price of admission, if applicable, and the extent of advertising and promotion planned. The City may accept the Applicant's affidavit if rt appears to be based on realistic and appropriate information. If the City rejects the attendance estimates, the City shall substitute a reasonably determined estimate for the Applicant and the Applicant shall be responsible for all attendant costs and requirements associated with the revised estimate. If, for unforeseen reasons, an estimate did not in fact reflect the actual and necessary resources for the Event, the City may seek cost recovery from the Applicant as determined by the City Sec. 20-424 Emergency Services and Fire Safety, Traffic Control and Parking Plans (a) Plans (1) The Applicant for any Special Event, First Amendment Event or Parade is required to provide an Emergency Services and Fire Safety Plan, Police Services Plan, Traffic Control Plan, as defined, for the Event, and shall be required to provide and pay for firefighter emergency medical technician, emergency medical personnel and/or ambulance service(s) for such emergency medical and fire fighting services. The contents of the Emergency Services and Fire Safety Plan, Police Services Plan, and Traffic Control Plan shall be determined by the anticipated number of attendees at the Event per Section 20-423 (2) Applicants shall submit their Plans to the Outdoor Events Manager thirty (30) days before the Applicant's scheduled Pre Event Meeting. 26 (3) The Emergency Services Plan must comply with the Fort Worth Fire Code and the Fire Department's street closure guidelines and maintain adequate fire lanes within each closure area. (4) The Traffic Control Plan shall provide traffic and parking controls for the Event including the street(s) or sidewalk(s) to be closed and all other streets, sidewalks or public areas in close proximity that may be utilized for alternative routes or for parking of vehicles of persons attending the Event. (5) The Outdoor Events Manager m consultation with the City's Police, Fire and Transportation and Public Works Departments shall be responsible for determining whether to approve, modify or deny the respective plan. In evaluating the plans, the Outdoor Events Manager shall not take into account any of the factors set forth m Section 20-405(b). (6) If the Chief of Police or Fire Chief, or their designees, determine that an Event requires additional emergency provisions to ensure public safety the Applicant will modify the submitted Police Services Plan and Emergency Services and Fire Safety Plan accordingly (b) Compliance with the Emergency Services and Fire Safety Plan and Police Services Plan. (1) If the Outdoor Events Manager the Chief of Police or the Fire Chief, or their designees determine that the services being provided at the Event do not comply with the approved plans and should this determination be the Event's first violation of its approved plans, the Outdoor Events Manager shall contact the Applicant or her/his designee and shall provide her/him with one hour m which to bung the emergency services into full compliance with the approved plans. The Outdoor Events Manager if approved by the Chief of Police or the Fire Chief, or their designees, may allow additional time for compliance provided health and safety is not compromised. As soon as possible after this contact, the Outdoor Events Manager shall prepare written detailed documentation of the name of the Event contact, the time of the conversation and the corrective action required of the Applicant. (2) If the Applicant does not comply in a timely manner the City shall provide the necessary services and will include the full cost of providing these services in a Supplemental Services Fee. (3) If the violation is Event's second or greater violation of its approved plan, the City may provide the necessary services without giving the Applicant an opportunity to take corrective action, and the City will include the full cost of providing these services m a Supplemental Services Fee. As soon as possible after finding the violation, the Outdoor Events Manager shall prepare wntten detailed documentation of the nature of the violation and the corrective action taken by the City (4) If the Chief of Police or the Fire Chief, or their designees, determine that the emergency services being provided at the Event are not sufficient, given the actual circumstances of the Event, the Applicant or her/his 27 designee shall be notified of such determination. The Chief of Police, or the Fire Chief, or their designees, using their sole judgment regarding the immediacy of the need to have additional emergency services, shall determine whether to allow the Applicant to provide additional emergency services or whether to have the City provide additional emergency services. As soon as possible after the contact with the Applicant or her/his designee, the Chief of Police or the Fire Chief, or their designees, shall prepare written detailed documentation of the name of the Event contact, the time of the conversation, the findings of the Chief of Police or the Fire Chief, or their designees regarding the need for additional emergency services, the corrective action required, and who will provide the corrective action. This wntten documentation shall be provided to the Outdoor Events Manager within five (5) business days after the conclusion of the Event. Where the City provides the additional emergency services, the City will include the full cost of providing these services in a Supplemental Services Fee. (5) Should the violator or Applicant not comply m a timely manner with the corrective action plan required by the fire inspector a stop work or stop operating order shall be given to the violator and Applicant or her/his designee. The stop work or stop operating order shall stay m effect until the violator or Applicant comes into full compliance. (c) The Emergency Services and Fire Safety Plan and Police Services Plan for Events with 1,000 or Greater Anticipated Attendees (1) Pursuant to Homeland Security a detailed site plan indicating proposed vehicle ingress and egress, medical treatment areas, public areas including fences and gates, all temporary structures, management offices, cooking areas, locations of all fuels that will be used and/or stored, including without hmrtation gas, and whether pyrotechnics or other special effects are planned. (2) The staffing plan for emergency medical personnel and Fire Inspectors, to include the number of each that the Applicant plans to have at the Event. Sec. 20-425. Gating and Fencing of Events No Event, except Gated Events located m a City park shall be fenced with perimeter fencing or gated. No fencing shall be allowed on any street or sidewalk. Fencing of VIP areas, private property and at the start and finish lines during Walks, Runs and Races shall be allowed, but the square footage of the fenced area shall be subject to occupancy loads as determined by the Fire Chief and shall be limited to ten (10) percent of the Event Area. The percentage of fenced area maybe increased based on the size and location of the Event with the approval of the Director of Public Events after consultation with the Outdoor Events Manger the Chief of Police and the Fire Chief. 28 Sec. 20-426. Prohibited Conduct During Events (a) For all Events, it shall be unlawful for any person to do any of the following acts, or to permit a minor child ether/his custody to do any of the following acts m the Event Area. (1) Ride, drive or operate golf carts, bicycles, motorcycles, mopeds or any other motor vehicles, or ride skateboards or skates, unless part of the Event. Bicycles, skateboards and mopeds may be carried into or walked through the Event Area. At no time will any Event approved vehicle, golf cart, fork lift or other motor vehicle be driven on City sidewalks. This provision shall not apply to emergency medical personnel, officials or employees of the City acting in their official capacity vendors restocking their merchandise, vendors providing sanitation services for the Event or to the Event workers. (2) Bring in, carry or in any way possess, play or operate any bull horns, radio musical instrument or similar device which is producing or reproducing sound in such a manner as to be plainly audible to other persons in the Event Area, other than the operator of the device. This provision shall not apply to persons performing m the Event. All radios and musical devices with earphones are permitted. (3) Bring m, carry or m any way possess glass bottles, glass bars or glass containers of any kind, unless such glass container m a vial is required to hold medication needed and utilized by an Event participant where the medication is customarily stored in a glass vial or unless specifically authorized by the Outdoor Events Manager for authorized Event vendors. (4) Carry or possess spray paint cans unless specifically authorized in wasting by the Outdoor Events Manager for authorized Event vendors. (5) Engage m the sale or distribution of Goods. This provision shall not apply to authorized Event vendors. (6) Engage in the act of performing unless the performer is an authorized Event vendor (7) Engage m outdoor cooking m any area except an area designated for grilling by the City or an approved Event Site Plan. This provision shall not apply to authorized Event vendors. (8) Be in possession of any alcoholic beverage at an Event located on Public Property unless the alcoholic beverage was purchased or otherwise obtained from an authorized vendor of the Event. (9) If the Applicant has previously advertised the prohibition of dogs or animals at the Event, no dogs or other animals shall be allowed in the Event Area. All dogs or other animals must be licensed and have current rabies vaccinations on their tags, remain on leash while in the Event Area and under voice control of their owners at all times. Any dog or animal exhibiting aggressive behavior must be removed immediately from the Event Area at the request of the Applicant, the Outdoor Events Manager or his/her designee. Owners shall be liable for damage or injury inflicted by their animals. 29 Sec. 20-42'7 Retention of Permit The Apphcant or his/her designee shall be present during the entire Event, and shall produce the Permit upon demand during the Event, including set up and break-down. The Apphcant shall be responsible for providing the Outdoor Events Manager or any other City employee the Permit upon request and the contact number of the person carrying the Permit if other than the Apphcant. Sec. 20-428. Security Deposit (a) An Applicant for a Special Event or Parade shall pay a security deposit fee to insure compliance with all permit requirements upon submission of the application. The deposit shall be used to recover any costs that are incurred by the City The City has sole discretion over the determination of the condition of the site. Neighborhood Event, Neighborhood Parade or First Amendment Event Permits are exempted from this provision. (b) The holder of the Permit shall reimburse the City for additional direct costs in excess of the security deposit that are incurred by the City m providing services at the Event; direct costs include but are not limited to, the reasonable costs of setup, cleanup, electrical services, construction, and other related services beyond what the City would provide to the general public m the ordinary course of its daily operations that exceed the security deposit. (c) The deposit will be refunded in full by the Outdoor Events Manager not later than thirty (30) calendar days after the Event if the site is left in as good or better condition than before the Event. The City has the sole discretion regarding the determination of the condition of the site. Sec. 20-429 Supplemental Service Fees (a) If a police officer is required to respond to an Event and while at the scene determines that there is a threat to public peace, health, safety or general welfare, the Applicant responsible for the Event shall be liable for Supplemental Service Fees. (b) If the City is required to respond to an Event due to lack of traffic control devices as established by the Traffic Control Plan or as required by the City's Police Department, the Applicant shall be responsible for all related costs. Such charge constitutes a debt of the responsible person and is collectible by the City m the same manner as in the case of an obligation under a contract. (c) The costs of a response shall be waived if the Applicant initiates a request for police response and cooperates with the police. (d) Costs imposed under this provision are due and payable in accordance with the user agreement as described m this Article. (e) The Applicant can appeal the costs by filing an appeal pursuant to the provisions of this Article. Failure of the Apphcant to file an appeal shall constitute a waiver 30 of the right to an appeal under this Article or to challenge the validity or amount of the costs imposed. Sec. 20-430. Tent Requirements Tents, canopies and membrane structures shall be regulated by Chapter 24 of the City's adopted Fire Code. Sec. 20-431 Use of City Logo or Name An Applicant may not use or allow its event to use the words `City of Fort Worth, `The City of Fort Worth or the Crty's Logo or a combination thereof in any manner that would imply an official endorsement of the Event by the City without written authorization from the City Manager Sec. 20-432. User Agreement (a) The Applicant shall enter into a user agreement with the City prior to the Event, m whzch the Applicant agrees to bear all costs of clean up and restoration of the Public Property upon the conclusion of the Event and to reimburse the City for costs related to any damage or use beyond normal wear and tear on the Public Property The user agreement shall require the Applicant to provide full reimbursement to the City within sixty (60) calendar days of the conclusion of the permitted Event. The assessed reimbursement amount shall be subject to the procedures for appeal contained in this Article. (b) The user agreement shall include the following: (1) Indemnification Applicant shall assume full responsibility and liab~hty for and indemnifies, defends and holds the City harmless against: a. All liability claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the holding of the Event, including the preparation, set-up, teardown and cleanup and b All expenses incurred by the City for public safety sanitation and transportation personnel and resources required to preserve public order and protect public health, safety and welfare, together with any other expenses or costs that may be incurred by the City as a result of the Event. The Applicant shall indemnify the City against all charges, expenses and costs, including the City's legal department services incurred on account of or by reason of any such injuries, damages, liability claims, suits or losses and all damages growing out of the same. 31 (2) Insurance a. When required by the City an Applicant must provide to the Outdoor Events Manager a Certificate of Commercial General Liability Insurance listing the City of Fort Worth as an additional named insured m the amounts prescribed by the Risk Manager or designee. b An Applicant for a permit to hold an Event where alcohol is to be sold must provide to the Outdoor Events Manager a Certificate of Insurance m the amount of $1 000 000 as liquor liabilrty insurance, m addition to the general liability insurance requirements. c. Federal, state and local government agencies may submit a statement of self insurance which shall be acceptable in place of insurance requirements of this Section (c) Execution of a user agreement shall be waived for First Amendment `$vents that do not involve the use of motor vehicles. DIVISION 7 APPROVAL, ISSUANCE, MODIFICATION, DENIAL OR REVOCATION OF A SPECIAL EVENT OR PARADE PERMIT Sec. 20-433. Approval (a) Except as otherwise provided m this Article, the Outdoor Events Manager shall be charged with the responsibility and authonty to determine whether a particular Applicant shall be granted a Permit in the time, manner and place proposed. (b) After reviewing the comments and/or decisions from the Events Calendar Committee, the Pre-Event Committee, all of the City officials, employees, departments and/or bureaus from whom this Article requires such feedback, the Outdoor Events Manager shall approve the Permit, deny the Permit, or approve the Event application with modifications or upon conditions, as set forth m this Article. If the application is approved, the Outdoor Events Manager in consultation with the heads of affected departments, or their designees, shall impose restnctions or conditions as to time, manner and place, if the Outdoor Events Manager deems such restnctions are necessary These modifications shall be made when the Outdoor Events Manager and the affected departments, based upon review of the application, find compelling reasons related only to public safety health, or the environment, or to scheduling conflicts with other permitted uses at the time or place requested. The modifications shall not be based on any of the factors set forth in subsection 20-405(b). (c) After consideration of the application and other information as may be otherwise required, an Event application will be approved and a Permit issued if, upon review the Outdoor Events Manager finds that: (1) The Applicant, where applicable, has participated m the Events Calendar Committee meeting and the Pre-Event Meeting as required by this Article; (2) The Applicant has complied with all the requests of the Outdoor Events Manager and the Pre-Event Committee; 32 (3) The Event will not substantially interrupt the safe and orderly movement of pedestrian and vehicular traffic near the Event location or route; (4) The Event will not require the diversion of a number of City fire protection or emergency medical services so as to interfere with the provision of these services to other areas of the City (5) The Event will not require the diversion of a number of Police Officers to properly police the Event location or line of movement and the adjacent areas so as to interfere with the normal protection of the City (6) There will be adequate sanitation and other required health facilities made available m or adjacent to the Event; (7) The Applicant has submitted an Emergency Service and Fire Safety and Traffic Control Plan, (8) The Applicant has acknowledged on the Event application that structures on sidewalks are prohibited, (9) A plan detailing how the Applicant will prevent consumption of alcohol by minors and promote responsibility m consumption and sales. The plan shall include signage at the point of sale; approved alcohol retail awareness training or seller server certification provided to persons involved m the sales/distribution of alcoholic beverages, and designated driver program, and (10) The Applicant has complied with any other special conditions related to health and safety imposed by the City or other authorized official, for issuance of the Permit. Sec. 20-434. Issuance of a Permit (a) The Outdoor Events Manager shall issue either a Permit or a denial of the Special Events or Parade application within ninety (90) calendar days of a completed application. The Outdoor Events Manager may extend the period of review for an additional fifteen (15) calendar days by issuance of a written notice of extension. (b) Advertising a Special Event or Parade prior to the permit being issued shall not entitle the Applicant to hold the Event without a valid Event permit. The Outdoor Events Manager shall not issue a Special Event Permit or Parade Permit based on prior advertising unless a valid Permit maybe issued under this Article. (c) The Applicant must have the Permit, and all other required permits and approvals, if any present at the Event during the entire duration of the Event, including but not limited to set-up, teardown and clean up Failure to abide by this provision may result in the revocation of the event permit. Sec. 20-435. Modification or Denial of an Events Permit (a) The Outdoor Events Manager may modify deny or revoke a Special Event or Parade Permit when, due to the scope of the Event, and the number of police personnel required to provide protection and traffic control for the Event, and due to the need for police personnel elsewhere m the City the Event would require the diversion of such a number of police personnel that rt will be more likely than not 33 (b) (c) (d) that normal police protection elsewhere in the City cannot be provided continuously and safely for the duration of the Event. If the application for a Permit is denied by the Outdoor Events Manager the denial shall state the reasons for the denial of the application. All notices required under this Section shall be m writing and sent by certified mail, return receipt requested, through the United States Postal Service. The Outdoor Events Manager may deny a Special Event or Parade Permit for failure of the Applicant to comply with the requirements set forth in this Article. In no Event shall a Permit be denied be based on any of the factors set forth in subsection 20-405(b) The Outdoor Events Manager may deny a Special Event or Parade Permit when by reason of disaster public calamity not or other emergency the Outdoor Events Manager m consultation with the Police Chief and/or Fire Chief, determines that the health and safety of the public or property requires revocation or denial, provided that the Outdoor Events Manager shall not deny a Special Event or Parade Permit based on any of the factors set forth m Section 20-405(b) The Outdoor Events Manager shall deny a Permit if: (1) An Applicant has an outstanding debt with the City or if the Event is done on behalf of or m the name of a person, organization, corporation or other group that has an outstanding debt with the City until such time as payment is received m full, (2) An Applicant has failed or is unwilling to comply with all the requirements of the Pre Event Committee; (3) An Applicant has failed to complete payment of any sums required for a previously permitted Event, until such time as payment is received. In the alternative, the Outdoor Events Manager may condition the granting of a new permit on the payment of amounts m arrears m connection with the previous Event. The Outdoor Events Manager may not require the payment of arrears for previous Events unless the Outdoor Events Manager or her/his designee had mailed or delivered to the Applicant a demand for such payment within sixty (60) days after the ending date of such previous Event; (4) The Applicant is legally incompetent to contract or to sue and be sued, (5) An Applicant who caused significant damage to City streets, sidewalks, parks, and/or other City real or personal property and, at the time of submitting an application for a new Event, failed to adequately repair the damage or failed to pay a bill for restoration services in full, provided that the Outdoor Events Manager or his/her designee, mailed or delivered to the Applicant a demand for such repair or restoration fees within sixty (60) days after the ending date of such previous Event; (6) The Applicant has, m this City violated a material condition and/or restriction of a Permit, or if the Applicant's conduct regarding the Event was in violation of law or local ordinance. (7) It appears by competent evidence that the Applicant has made a material misrepresentation or given incorrect material information on the application. Prior to such denial or revocation, the Outdoor Events 34 Manager shall notify the Applicant of the evidence and provide the Applicant with three (3) business days in which to rebut said evidence in wasting; (8) The Applicant fails to submit a complete application, including an acceptable Emergency Services and Fire Safety Plan and Traffic Control Plan, (9) The Applicant fails to attend and participate in the scheduled Events Calendar Committee meeting, if required, and the Pre-Event meeting; (10) The Applicant does not have all the necessary permits required to carry out the Event, or does not fulfill any or all of the other Event requirements, as established m this Article; (11) The Applicant is unable or unwilling to provide any required insurance; (12) The Applicant has failed to pay all application and permitting fees, (13) The Applicant is unable or unwilling to pay any additional costs related to health and safety as maybe required, (14) The Applicant has failed to execute a user fee agreement; (15) A pasor application for a Permit for the same time and place has been received and the Permit has been or will be granted and the Applicant did not accept alternative dates, times and location offered by the Events Calendar Committee; (16) The use of activity intended by the application would conflict with previously planned programs conducted by the City at the same time and place as determined by the Events Calendar Committee; (17) The Applicant fails to provide any additional information that has been requested by the Outdoor Events Manager or (18) At any time, the Event is being held for an unlawful purpose, and/or violates a federal, state, or local law or ordinance. (e) When the Outdoor Events Manager denies a Permit, he or she shall set forth in wasting the reasons for such denial m as much detail as possible. When the Outdoor Events Manager modifies a Permit application, he or she shall, if requested by the Applicant, state m wratmg on the Permit the reasons for the modification m reasonable detail. A modification, denial or revocation based upon inadequate police resources shall state with specificity the reasons for the Outdoor Events Manager's opinion, giving as much detail as is possible. In denying the Permit, or m granting the Permit with modifications, the Outdoor Events Manager shall abide by the provisions of this Article. Where a Permit for an Event is denied or modified, the Outdoor Events Manager or her/his designee shall forward a copy of the written determination to the City Manager and the Councilmember(s) of the affected Distract. Sec. 20-436. Revocation of a Permit (a) The Outdoor Events Manager may revoke a Special Event or Parade Permit if: (1) The Applicant violates the rules set forth m this Article a$er the Applicant has received the Permit; (2) The Event poses an immediate threat to health or safety or 35 (3) The Applicant has failed to obtain any other permit required by this Article, State law or the City Code. (b) The Outdoor Events Manager m consultation with the Chief of Police or Fire Chief may deny or revoke a Special Event or Parade Permit when by reason of disaster public calamity not or other emergency rt is determined that the safety of the public or property requires revocation or denial. The Outdoor Events Manager shall not revoke a Special Event or Parade Permit based on any of the factors set forth in Section 20-405(b) (c) If the United States Department of Homeland Security issues a Level Orange or a Level Red Alert, the City m its sole discretion, may close or postpone the opening of the Event in the interest of public safety DIVISION 8. APPEAL OF DENIAL OR REVOCATION OF A SPECIAL EVENT OR PARADE PERMIT Sec. 20-437 Appeal (a) Applicant may appeal a denial of placement of an Event on the Events Calendar or a denial or revocation of a Special Event or Parade Permit, by submitting in writing to the Appeals Hearing Committee no later than ten (10) days after notice of denial or revocation, a letter requesting an appeal of the decision. The appeal shall specifically state the grounds upon which it is asserted and why the determination should be modified or reversed. (b) The Applicant shall include m the appeal copies of the application for Permit, the written notice of determination of the Events Calendar Committee or the Outdoor Events Manager and any other information material to the determination. (c) The Appeals Hearing Committee shall act as the appeals hearing officer under this Section. The Appeals Hearing Committee shall act upon the appeal within fifteen (15) calendar days from the date on which the appeal was received. Notice of the hearing date shall be provided to the Apphcant in writing. (d) It shall be the duty of the Outdoor Events Manager to defend the decision to revoke or deny the decision of the Events Calendar Committee or the Special Event or Parade Permit. The Appeals Hearing Committee shall then give the appealing party an opportunity to present evidence and make an argument in his or her behalf. The formal rules of evidence shall not apply to an appeal heard under this Section, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing. (e) The Appeals Hearing Committee may affirm, modify or reverse all or part of the decision of the Events Calendar Committee or the Outdoor Events Manager being appealed. The decision of the Appeals Hearing Committee is final. (f) All notices required under this Section shall be m wasting and sent by certified mail, return receipt requested, through the United States Postal Service. 36. DIVISION 9 NEIGHBORHOOD EVENTS AND NEIGHBORHOOD PARADES Sec. 20-438. Permit Process (a) Permit Required (1) It shall be unlawful for anyone to hold, sponsor or cause to be held a Neighborhood Event or Neighborhood Parade without first having obtained a Neighborhood Event or Neighborhood Parade Permit from the Outdoor Events Manager (2) All Neighborhood Events or Neighborhood Parades must be sponsored by a Neighborhood Association or by persons living on the block. (3) A Neighborhood Parade must be located on a residential street as defined by the City's current Master Thoroughfare Plan and take no longer than two hours to complete. (4) Traffic movement will be the pnmary determining factor in the approval or denial of a Neighborhood Event or Neighborhood Parade. No interference with public safety vehicles will be permitted. (5) Any Neighborhood Event or Neighborhood Parade with an expected attendance of five hundred (500) or more at any one time shall be treated as a Special Event or Parade and must meet the requirements of a Special Event or Parade Permit. (b) Petition, Application and Notice Requirements (1) Neighborhood Event a. At least fifty percent (50%) + 1 of the residents on the street affected by the Neighborhood Event must sign a petition on the City's approved application form granting permission for the Neighborhood Event to be held. All petitions must be signed no earlier than sixty (60) days before the proposed Neighborhood Event and submitted to the Outdoor Events Manager no later than fifteen (15) days pnor to the proposed Neighborhood Event. b A person seeking to hold a Neighborhood Event shall apply for a Neighborhood Event Permit by filing with the Outdoor Events Manager a wntten application upon a form provided by the City The application shall comply with the regulations for a Neighborhood Event Permit outlined in this Division. c. An application must be filed no later than fifteen (15) days before the date on which the proposed Neighborhood Event shall occur d. Notice of the Neighborhood Event must be provided to all residents no later than fifteen (15) days before the event by the United States mail, electronic mail, hand delivery the neighborhood newsletter signs posted on Private Property or through the normal and customary method of communicating with that particular neighborhood. 37 (2) Established Neighborhood Event. a. Only Established Neighborhood Events shall be considered for an Annual Permit. b A neighborhood association shall be allowed to submit an application to the Outdoor Events Manger requesting an Annual Permit for all planned Established Neighborhood Events for the next calendar year c. A person seeking an Annual Permit shall apply by filing with the Outdoor Events Manager a wntten application upon a ,form provided by the City The application shall comply with the regulations for a Neighborhood Event Permit outlined m this Division. d. At least fifty percent plus one (50% + 1) of the residents on the street(s) affected by the Established Neighborhood Events must sign a petition on the City's approved application form granting permission for the Established Neighborhood Events to be held. Petitions must be signed no earlier than sixty (60) days before the application for the Annual Permit is submitted to the Outdoor Events Manager e. Notice of the Established Neighborhood Events approved m the Annual Permit must be provided to all residents no later than fifteen (15) days before the event by the United States mail, electronic mail, hand delivery the neighborhood newsletter signs posted on Pnvate Property or through the normal and customary method of communicating with that particular neighborhood. (3) Neighborhood Parades a. A person seeking to hold a Neighborhood Parade shall apply for a Neighborhood Parade Permit by filing with the Outdoor Events Manager a wntten application upon a form provided by the City The application shall comply with the regulations for a Neighborhood Parade Permit outlined m this Division. b An application must be filed no later than fifteen (15) days before the date on which the proposed Neighborhood Parade shall occur c. Notice of the Event must be provided to all residents on the street affected by the Event no later than fifteen (15) days before the Event. Notice may be provided by United States mail, electronic mail, hand delivery the neighborhood newsletter signs posted on Pnvate Property or through the normal and customary method of communicating with that particular neighborhood. 38 (4) Established Neighborhood Parade. a. Only Established Neighborhood Parades shall be considered for an Annual Permit. b A neighborhood association shall be allowed to submit an application to the Outdoor Events Manger requesting an Annual Permit for all planned Established Neighborhood Parades for the next calendar year c. A person seeking an Annual Permit shall apply by filing with the Outdoor Events Manager a written application upon a form provided by the Crty The apphcahon shall comply with the regulations for a Neighborhood Parade Permit outlined m this Division d. Notice of the Established Neighborhood Events approved in the Annual Permit must be provided to all residents no later than fifteen (15) days before the event by the United States mail, electronic mail, hand delivery the neighborhood newsletter signs posted on Private Property or through the normal and customary method of communicating with that particular neighborhood. (c) Mandatory Requirements for the Issuance of a Neighborhood Event or Neighborhood Parade Permit. Compliance with the following shall be required before the Outdoor Events Manager may issue a Neighborhood Event or Neighborhood Parade Permit: (1) Neighborhood Event Applications. Applications must include the name, address and twenty-four (24) hour telephone number of at least one person belonging to the Neighborhood Association or hvmg on the block where the Neighborhood Event is to be conducted who will serve as a liaison with the Outdoor Events Manager and the City's Police Department to address any problems during the Neighborhood Event. The telephone number must be answered at all times. (2) Neighborhood Parade Application. Applications must include the following information. a. The name, address and twenty-four (24) hour telephone number of the Applicant seeking to conduct the Neighborhood Parade who will serve as a liaison with the Outdoor Events Manager and Police Department to address any problems during the Neighborhood Parade; b If the Neighborhood Parade is to be held for or by an organization, the name, address, telephone number of the headquarters of such organization and the names and numbers of authorized and responsible heads of the organization, c. Location, date and time, including start and termination times requested for the Neighborhood Parade; 39 d. A written description of the proposed route to be traveled, the starting point and the termination point of the Neighborhood Parade, including a map illustrating the exact route of the Neighborhood Parade; e. The estimated number of any riders, animals, animal drawn vehicles, floats, motor vehicles, motorized displays and marching units or organizations, such as bands, color guards, and drill teams that will constitute the Neighborhood Parade; f. A statement as to whether the Neighborhood Parade will occupy all or only a portion of the wzdth of the streets proposed to be used, g. A list of the streets that will be partially or completely closed during the Neighborhood Parade; h. The location of any assembly areas by street names for the proposed Neighborhood Parade; i. Details of how the Applicant will clean up any Public Property after the Neighborhood Parade; and ~ Any additional information related to health and safety which the Outdoor Events Manager finds reasonably necessary to make a determination as to whether a Neighborhood Parade Permit should be issued. (3) Applicants must sign a user agreement accepting responsibility for any costs for establishing detours, handling traffic direction, clean up or repair of public right-of way used or damaged by the Neighborhood Event or Neighborhood Parade and holding the City its officers and employees, whether elected or appointed, harmless from any and all liability arising from the street closure. (4) The Outdoor Events Manager m consultation with the Chief of Police and Fire Chief, or designees, shall review each application and determine the requirements for the safety and welfare of the participants and general public. After submission of the application, the Outdoor Events Manager may request supplemental information and may impose conditions on the Neighborhood Event or Neighborhood Parade Permit to ensure that the event complies with these rules and regulations or to address health and safety conditions. The Applicant shall be responsible for any additional costs incurred by the City to provide additional emergency services required for the safety and welfare of the participants and the general public at the Neighborhood Event or Neighborhood Parade. The Applicant shall be responsible for any Supplemental Services Fees. (5) A certificate of insurance approved by the City shall be required for Neighborhood Parades that include motor vehicles and Neighborhood Events that place structures, such as bounce houses, stages or tents in the public right-of way (6) It is the responsibility of the Applicant to apply for and receive any necessary alcohol permits from the Texas Alcohol Beverage Commission and food permits from the Fort Worth Code Compliance Department, Consumer Health Division. 40 Sec. 20-439 Neighborhood Event and Neighborhood Parade Regulations All Neighborhood Events and Neighborhood Parades must comply with the following regulations. (a) Neighborhood Events and Neighborhood Parades may be held any day of the week, but streets must be cleared and open to traffic no later than 11 00 p.m. (b) The Applicant must have the Neighborhood Event or Neighborhood Parade Permit, and all other required permits and approvals, if any present at the Neighborhood Event or Neighborhood Parade dunng the entire duration of the event, including but not limited to set-up and clean up Failure to abide by this provision may result m the revocation of the Neighborhood Event or Neighborhood Parade Permit. (c) Bamcades. The portion of the public right-of way to be used by the Neighborhood Event shall be closed to vehicular traffic by an appropriate number of Type 1 Bamcades. All Bamcades must be supplied by the Applicant and the Applicant is responsible for putting barricades in place and removing them. Bamcades must be staffed at all times with at least one person eighteen (18) years of age or older who is wearing a reflective safety vest. Once Bamcades are m place, no vehicle traffic is allowed beyond the Bamcades except for emergency vehicles. All barricades shall be removed within one-half (%2) hour after the ending time of the event for which the street is closed. Bamcades shall also be immediately removed upon request of the Outdoor Events Manager any Police Officer or employee of the City charged with enforcing this Article. Vehicles shall not be parked at the barricade locations so that access to the street is blocked. The Outdoor Events Manager in consultation with the Chief of Police and the Director of Transportation and Public Works, may approve an alternative plan for the use of Bamcades. (d) Unobstructed Roadway An unobstructed roadway width of twelve (12) feet as required by the most current Fire Code must be maintained along the closed sections of the streets for Neighborhood Events. No structures, including tents, stages and bounce houses are allowed in the unobstructed roadway width detailed above or any sidewalk or parkway Items such as chairs and tables are allowed. (e) No Neighborhood Event Permit shall be granted when the street closure would result in denying prompt access to an area or location for emergency vehicles. (f) No fire hydrants maybe obstructed by Neighborhood Event activities. A three (3) foot clear space shall be maintained around the fire hydrant. (g) Applicants are responsible for collecting and disposing of all trash and cleaning up at the conclusion of the Neighborhood Event. If the clean-up is not to the satisfaction of the Crty the clean-up will be performed by the City and the Applicant will be billed for the cost of the clean-up (h) No admission fees maybe charged for any Neighborhood Event or Neighborhood Parade, but requests for donations shall be permitted. (i) The Applicant shall be responsible for any significant damage to City streets, sidewalks, and/or other Crty real or personal property provided that the Outdoor 41 Events Manager or his/her designee, mailed or delivered to the Applicant a demand for such repair within sixty (60) days after the ending date of the Neighborhood Event. Sec. 20-440. Approval, Issuance, Modification, Denial or Revocation of a Neighborhood Event or Neighborhood Parade Permit (a) Except as otherwise provided m this Article, the Outdoor Events Manager shall be charged with the responsibility and authority to determine whether a particular Applicant shall be granted a Neighborhood Event or Neighborhood Parade Permit in the time, manner and place proposed. (b) After consideration of the application and other information as may be otherwise required, a Neighborhood Event or Neighborhood Parade Event application will be approved and a Neighborhood Event or Neighborhood Parade Permit issued if, upon review the Outdoor Events Manager finds that the application meets the requirements of this Division. (c) The advertisement of a Neighborhood Event or Neighborhood Parade prior to the Neighborhood Event or Neighborhood Parade Permit being issued shall not entitle the Applicant to hold the event without a valid Neighborhood Event or Neighborhood Parade Permit. (d) The Outdoor Events Manager shall issue either a Neighborhood Event or Neighborhood Parade Permit or denial of the Neighborhood Event or Neighborhood Parade application within five (5) calendar days of a completed application. (e) Denial of a Neighborhood Event or Neighborhood Parade Permit. The Outdoor Events Manager shall deny a Neighborhood Event or Neighborhood Parade application if: (1) An Applicant has failed or is unwilling to comply with all the requirements of this Division, (2) An Applicant who caused significant damage to City streets, sidewalks, parks, and/or other City real or personal property and, at the time of submitting an application for a new Neighborhood Event or Neighborhood Parade, failed to adequately repair the damage or failed to pay a bill for restoration services m full, provided that the Outdoor Events Manager or his/her designee, mailed or delivered to the Applicant a demand for such repair or restoration fees within sixty (60) days after the ending date of such previous Neighborhood Event or Neighborhood Parade; (3) The Applicant has violated a material condition and/or restriction of a Neighborhood Event or Neighborhood Parade Permit, or if the Applicant's conduct regarding the Neighborhood Event or Neighborhood Parade was in violation of law or local ordinance; (4} It appears by competent evidence that the Applicant has made a material misrepresentation or given incorrect material information on the application. Prior to such denial or revocation, the Outdoor Events Manager shall notify the Applicant of the evidence and provide the 42 Applicant within three (3) business days m which to rebut said evidence m wasting; (5) The Applicant is unable or unwilling to provide any required insurance; (6) The Applicant has failed to execute a user agreement; (7) The Applicant fails to provide any additional information that has been requested by the Outdoor Events Manager or (8) At any lime, the Neighborhood Event or Neighborhood Parade is being held for an unlawful purpose, and/or violates a federal, state, or local law or ordinance. (f) Revocation of a Neighborhood Event or Neighborhood Parade Permit The Outdoor Events Manager may revoke a Neighborhood Event or Neighborhood Parade Permit: (1) Due to reasons of disaster public calamity asot or other emergency (2) The Applicant violates the rules set forth in this Article after he or she has received the Neighborhood Event or Neighborhood Parade Permit; (3) The Neighborhood Event or Neighborhood Parade poses an immediate threat to health or safety or (4) The Applicant has failed to obtain any other permits required by this Article, State law or the City Code. (g) If the United States Department of Homeland Security issues a Level Orange or a Level Red Alert, the City in its sole discretion, may close or postpone the opening of the Neighborhood Event or Neighborhood Parade m the interest of public safety Sec. 40-441 Appeal The Applicant for a Neighborhood Event or Neighborhood Parade Permit may appeal the decision of the Outdoor Events Manager to deny or revoke a permit no later than five (5) days after wastten or electronic notice of denial or revocation by submitting m wasting to the City Manager or his/her designee notice of the Applicant's decision to appeal. The appeal shall specifically state the grounds upon which it is asserted and why the determination should be modified or reversed. The City Manager or his/her designee may affirm, modify or reverse all or part of the decision of the Outdoor Events Manager being appealed. The decision of the City Manager or his/her designee is final. DIVISION 10 OFFENSES Sec. 20-442. Offenses (a) A person commits an offense if he/she commences or conducts an Event: (1) Without a Permit; (2) Knowingly makes a false statement m connection with an application, or (3) In violation of any provision of a Permit, this Article, additional rules or regulations as promulgated. by the City Manager or any other City ordinance or applicable law 43 (b) A culpable mental state is not required for the commission of an offense under this Article. DIVISION 11. PENALTIES Sec. 20-443 Penalties (a) A person who violates a provision of this Article or a requirement of a Permit is guilty of a separate offense for each day or part of a day dunng which the violation is committed or continued. (b) Each offense is punishable by a fine not to exceed. (1) $2000 for a violation of a provision of this Article or a requirement of a Permit governing fire safety zoning, or public health and sanitation, including dumping or refuse; or (2) $500 for all other violations of this Article or requirements of a Permit. SECTION 2. That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are m direct conflict with the provisions of this ordinance. SECTION 3. That all nghts or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the City Code, or any amendments thereto that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, and all pending litigation, both civil or cnmmal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 4 That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any 44 phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2000 00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 6. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52 013 SECTION 7 This ordinance shall take effect on October 1 2010 after adoption and publication, as required by law APPROVED AS TO AND LEGALITY ssistan City Attorney Adopted. August ~ 2010 Effective• October 1.201 45 City of Fort Worth, Texas Mayor and Council Communication COUNCIL AGTiON: Approved on 8/3/2010 -Ord. No. 19255.-08-2010: DATE Tuesday August 03 2010 REFERENCE NO G-17003 LOG NAME 12SPECIALEVENTSORD SUBJECT Adopt an Ordinance Amending Chapter 20 'Licenses and Miscellaneous Business Regulations of the Code of the City of Fort Worth by Adding Article XII Entitled 'Outdoor Events to Regulate the Conduct of Outdoor Events within the City RECOMMENDATION It is recommended that the City Council adopt an ordinance amending Chapter 20 'Licenses and Miscellaneous Business Regulations" of the Code of the City of Fort Worth by adding Article XII entitled 'Outdoor Events to regulate the conduct of outdoor events within the City DISCUSSION The citizens of Fort Worth often engage in outdoor events including festivals parades, walks, races and runs and neighborhood parties, on both private property and City-owned property The City wants to encourage these events, recognizing that these activities enhance the Fort Worth lifestyle promote strong neighborhoods, and provide benefits that are not normally provided as part of governmental services to citizens and visitors Under the City's current special events policy outdoor events that involve the use of City streets are handled by the Transportation and Public Works Department; parades and procession permits are reviewed by the Police Department; and the Parks and Community Services Department issues permits for the use of the City's public parks. In April of 2009 the City Manager created a Special Events Advisory Committee to study the best practices of other cities and to make recommendations for incorporating the current special events policy into the City Code The Committee was directed to develop an ordinance that provides a systematic and consistent approach to planning and permitting outdoor events. Public hearings were held at the Fort Worth Botanic Gardens on October 26 2009 June 7 2010 and June 21 2010 to receive public comments Staff also presented the draft ordinance and responded to questions and concerns at a League of Neighborhoods meeting on May 10 2010 The draft ordinance was published on the City's web page and furnished by a-mail to registered neighborhood associations Citizens were provided an opportunity to comment on the draft proposal during the months of April May and June The intent of the outdoor event regulations is to provide a coordinated and comprehensive process for the regulation of outdoor events on public or private property in order to ensure the health and safety of the participants spectators and attendees provide the proper allocation and provision of essential public health and safety services and provide enforcement tools to ensure that event holders adhere to the City's regulations. It is also the intent of the City Council to protect the rights of its citizens to engage in protected free speech expression activities with the least restrictive and reasonable time place and manner regulations of those activities, while addressing the impacts upon public facilities and services and public health and safety Logname: 12SPECIALEVENTSORD Page 1 of 2 The ordinance regulates outdoor activities with over five hundred attendees on public and private property parades events in parks and neighborhoods and First Amendment events on City streets. The ordinance creates a City Events Calendar an Events Calendar Committee and aPre-Event Committee establishes three Special Events Districts for unique areas in the City and provides for notice to surrounding property owners of upcoming events enforcement tools and an appeal process Events held on City-owned property subject to a contract, lease or agreement; First Amendment Activity conducted entirely on sidewalks in public parks or on private property National Night Out events and events conducted entirely on the property of a church educational institution college or university campus or on property containing an occupied private residence are exempt from the provisions of the ordinance Regulations regarding neighborhood events and neighborhood parades are located in a separate division and neighborhood association representatives are not required to attend the Events Calendar Committee or Pre-Event Committee meetings If approved by the City Council the ordinance would be effective on October 1 2010 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that this action will have no material effect on City funds FUND CENTERS TO Fund/Account/Centers FROM :Fund/Account/Centers CERTIFICATIONS Submitted for City Manager's Office bv: Tom Higgins (6192) Originating Department Head. David Yett (7623) Additional Information Contact: Sarah Fullenwider (7619) Logname: 12SPECIALEVENTSORD Page 2 of 2