HomeMy WebLinkAboutOrdinance 24529-11-2020 ORDINANCE NO. 24529-11-2020
AN ORDINANCE PROHIBITING CERTAIN ACTIVITIES IN CERTAIN
AREAS IN CONNECTION WITH ACTIVITIES RELATED TO THE
WRANGLER NATIONAL FINALS RODEO; 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 OF DECEMBER
1,2020 AND AN EXPIRATION DATE OF 12:00 NOON,DECEMBER 13,
2020.
WHEREAS the Professional Rodeo Cowboys Association (the "PRCA") owns, produces
and controls the annual professional rodeo championship known as the Wrangler National Finals
Rodeo ("NFR"), which is the largest national annual rodeo event held in this country;
WHEREAS the NFR has never been held in the North Texas Region; and
WHEREAS in amending Texas Revised Civil Statutes article 5190.14 during the 7gtn
Legislature, Regular Session, the Texas Legislature determined that the conduct in this state of
one or more major sporting or athletic events will provide invaluable public visibility throughout
the nation or world for Texas and the communities where the major sporting or athletic events
are held, will encourage and provide major economic benefits to the communities where the
major sporting or athletic events are held and to the entire state and will provide opportunities for
the creation of jobs by local and Texas businesses that pay a living wage;and
WHEREAS as recognized by the Texas Legislature, the City of Arlington and the North
Texas Region hosting NFR and NFR-related activities will generate goodwill, enhance the
worldwide renown and prestige, create temporary jobs and create substantial beneficial economic
and fiscal activity; and
WHEREAS the City of Fort Worth is hosting NFR-related activities, including the
Cowboy Christmas at the Fort Worth Convention Center, the Junior World Finals at Will Rogers
Memorial Center, and ancillary activities at the Fort Worth Stockyards; and
WHEREAS the downtown area in the City of Fort Worth, including the Fort Worth
Convention Center, hotels and other facilities and their premises, access roads, parking lots,
thoroughfares and other areas will be used for the purposes of organizing, financing, promoting,
accommodating, staging and conducting activities related to NFR; and
WHEREAS the Fort Worth Stockyards area in the City of Fort Worth, including hotels
and other facilities and their premises, access roads, parking lots, thoroughfares and other areas
will be used for the purpose of organizing, financing, promoting, accommodating, staging and
conducting activities related to NFR;
WHEREAS the City Council desires to promote and protect health and safety in the
downtown area of Fort Worth and the Fort Worth Stockyards during a temporary period before
and after NFR; and
WHEREAS the failure to regulate temporary structures and outdoor sale/distribution of
merchandise from public streets or sidewalk in the vicinity of NFR related events would result in
pedestrian and vehicular traffic issues that cause traffic and pedestrian safety problems and affect
public safety operations; and
WHEREAS, City officials who have familiarity with traffic and public safety issues
have similar concerns that venues in which related NFR related events are conducted could
become overly congested by attracting congregations of temporary structures and outdoor
sales/distribution of merchandise in public streets or sidewalks in the vicinity of the NFR related
activities in the downtown area and Fort Worth Stockyards;and
WHEREAS, such congestion would unnecessarily increase the numbers of vehicles and
pedestrians in the downtown area, obstruct traffic, hinder security operations and interfere with
emergency vehicle access, as well as increase health concerns related to COVID-19; and
WHEREAS, the City Council desires to promote and protect good order and to protect
the health, safety, and convenience of drivers and pedestrians in and around downtown and the
Fort Worth Stockyards during the NFR and its related NFR activities;
WHEREAS, this Ordinance does not regulate any activities in Sundance Square Plaza or
on any other private property located within the Clean Zones' boundaries;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That the streets and sidewalks in the areas shown:
1. On the map and description attached hereto as Exhibit "A", shall be designated as a
"Downtown Clean Zone" during the period beginning at 12:01 a.m. December 1, 2020
through and until 12:00 Noon, December 13, 2020; and
2 On the map and description attached hereto as Exhibit "B", shall be designated as a
"Stockyards Clean Zone" during the period beginning at 12:01 a.m. December 1, 2020
through and until 12:00 Noon, December 13, 2020.
Collectively, the Downtown Clean Zone and the Stockyards Clean Zone are referred to
herein as the "Clean Zones".
2
In addition to all other activities prohibited by City ordinances and state and federal laws,
the following activities, including those permitted prior to the effective date of this Ordinance,
shall be prohibited on all public property and all public streets and sidewalks in the Clean Zones
during such timeframe, unless specifically allowed in writing by City after the date of the
adoption of this Ordinance:
1. All activities constituting an "Outdoor Event" under Chapter 20 of the Code of the City
of Fort Worth, including the construction, placement, occupation or use of any temporary
structure (including but not limited to temporary retail locations, tents, canopies and air-
supported, air-inflated and tensioned membrane structures);
2. The construction, placement, occupation or use of any temporary structure (including but
not limited to temporary retail locations, tents, canopies and air-supported, air-inflated
and tensioned membrane structures);
3. The outdoor sale or distribution of food or merchandise to the public (used in its broadest
sense), except food or merchandise sold or distributed in the ordinary course of business
at a location for which a Certificate of Occupancy or a permit for outdoor restaurant
seating has been issued prior to the effective date of this Ordinance;
4. The outdoor distribution to the public of flyers, material, goods or wares, except as sold
or distributed in the ordinary course of business at a location for which a Certificate of
Occupancy has been issued prior to the effective date of this ordinance;
5. Outdoor displays, including, but not limited to, portable signs, flags, streamers, pennants,
banners, posters, decorative flags, video screens, balloons, electronic message boards,
nighttime projections of messages, inflatables and building wraps, except restaurant A-
frame signs, window signs and street pole banners with a valid City issued permit and
existing real estate and development signs shall be permitted; and
6. Temporary vending including, but not limited to, the soliciting, selling or offering of
food, wares, services or other items and activities described under Chapter 24—Parks and
Community Services, Article I — In General, Section 24-5; Appendix A — Zoning
Regulations, Chapter 5 — Supplemental Use Standards, Article 4 — Temporary Uses,
Section 5.406 — Mobile vendors; Chapter 20 — Licenses and Miscellaneous Business
Regulations, Article II Amusements, Division 3, Carnivals, Circuses and Tent Shows;
Article IV — Vendors, Division 1 — Door-to-Door Vendors; Chapter 23 — Offenses and
Miscellaneous Provisions, Section 23-16 — Certain ticket resale prohibited on city
property; Chapter 20 — Licenses and Miscellaneous Business Regulations, Article IV —
Vendors, Division 2 — Pushcarts, Section 20-163; Chapter 30 — Streets and Sidewalks,
Article I—In General, Section 30-3 —Displaying goods, wares, etc.; Chapter 30— Streets
and Sidewalks, Article I — In General, Section 30-4 — Soliciting trade or patronage, and
all of the Code of the City of Fort Worth.
SECTION 2.
That the City may remove or order the removal, without prior written notice, of any sign
erected in violation of this Ordinance. In the event of any such removal, the following
procedures will be followed:
3
(a) The City shall, within thirty (30) days after removal, notify the owner or lessee of a
sign and the owner of the building, structure or premises upon which the sign was located
that the sign was removed. Any sign removed by the City shall be stored for a period of
thirty (30) days from the date notification is given. If the identity or address of the owner
or lessee of the sign or the owner of the building, structure or premises upon which the
sign was located cannot, after reasonable effort, be determined, the City shall store the
sign for a period of thirty (30) days after the date the City determines that notification
cannot be made. The City shall continue to store any sign that has been removed for any
additional period during which any appeal of such removal is pending. At the expiration
of the time specified in this section, if the owner or lessee of the sign or the owner of the
building, structure or premises upon which the sign was located has not reclaimed the
sign as provided in subsection(b)of this section, the City may destroy the sign or dispose
of it in any manner the City deems appropriate.
(b) To reclaim any sign removed by the City, the person reclaiming the sign shall pay to
the City an amount equal to all costs incurred by the City in removing and storing the
sign.
SECTION 3.
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 in direct conflict with the provisions of this ordinance.
SECTION 4.
That all rights 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 criminal, same shall not be affected by this ordinance, but may be prosecuted until
final disposition by the courts.
SECTION 5.
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 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.
4
SECTION 6.
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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 7.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas as authorized
by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 8.
After publication as required by law, this Ordinance shall take effect at 12:01 A.M.
December 1, 2020 and expire at 12:00 Noon, December 13, 2020.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
&&-- fvr Rdngid P. Gonzales
By:Leann Guzman(Nov 25,202014:05 CST) By jor Ronald P.Gonzales(Nov 25,202014:11 CST)
Leann Guzman Mary Kayser
Deputy City Attorney City Secretary
Adopted: November 17, 2020
Effective:
5
r' c
cu
y1
tiI d
x { i U-
w�'i y5S`µj5 t *
oft �I
r # # ,� +
L _ih
LL
�
+ f
e i
' • *, 5 f {
08
ir
} ek
IL {# - mow,
+ �� �' * to
s. � i •► N
40
lRi�—!d ' • f}ice wr I
c
dt
m
Q L
+ 'I*
1P I F�.& 1} � 'FRi-l"Iso—IFF���yF&,.l4r
Prj
AL
J i\
JL
CD
*
MUM IVA%
if
L ..UtT
T` J
_f '— 1 M��I I•'
A34JWYNA
Ir
coCj