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HomeMy WebLinkAboutOrdinance 19373-09-2010 ORDINANCE NO. 19373-09-2010 AN ORDDINANCE AMENDING ARTICLE XII ENTITLED, "OUTDOOR EVENTS," OF CHAPTER 20, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS" OF THE CODE OF THE CITY OF FORT WORTH, TO ADD DEFINITIONS RELATED TO FIRST AMENDMENT ACTIVITIES; TO MOVE ALL REGULATIONS REGARDING FIRST AMENDMENT PARADES AND EVENTS TO DIVISION 3. "FIRST AMENDMENT EVENTS AND FIRST AMENDMENT PARADES"; TO ADD LANGUAGE TO DIVISION 3 REQUIRING AN EMERGENCY SERVICES PLAN AND A TRAFFIC CONTROL PLAN; 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, 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, and WHEREAS, the Committee was directed to develop an ordinance that provided a systematic and consistent approach to planning and permitting outdoor events; and. WHEREAS, 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. WHEREAS, the draft ordinance was published on the City's web page and furnished by e-mail to registered neighborhood associations and citizens were provided an opportunity to comment on the draft proposal during the months of April, May and June, 2 010; and WHEREAS, on August 3, 2010, the City Council adopted Ordinance No. 19255- 08-2010 regulating outdoor events in the City; and WHEREAS, due to concerns received during the public hearing on August 3, 2010, related to the regulation of First Amendment activities, the City Council directed staff to review the ordinance as it relates to First Amendment parades and events and bring back suggested revisions, if needed; and WHEREAS, the City recognizes that parks, sidewalks and streets are traditional public forums in which government entities are limited in their ability to regulate speech; and WHEREAS, the City has an interest in assuring the orderly movement of traffic and pedestrians on streets and sidewalks while allowing the expression of viewpoints and ideas; and WHEREAS, it is advisable to amend ordinance No. 19255-08-2010 to move all regulations regarding First Amendment parades and events to Division 3 to assure that all activities related to the First Amendment are without reference to content, are narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication of information. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of FORT WORTH, TEXAS; SECTION 1, Section 20-404, "Definitions" of Article XII, "outdoor Events," of Chapter 20, "Licenses and Miscellaneous Business Regulations," is hereby amended to amend the definitions of an Event, Neighborhood Parade and Parade and to add two new definitions as follows: Event means a Special Event or Parade. First Amendment Parade means a procession of pedestrians or vehicles or any combination thereof, traveling in unison along or upon a street, road, or highway, organized and conducted for the purposes of First Amendment Activity. First Amendment Parade Permit means the Written authorization from the City allowing an Applicant to hold a First Amendment Parade on public rights-of-way, but does not include sidewalks. 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. Parade means a procession of pedestrians, vehicles or animals or any combination thereof, traveling in unison along or upon a street,road, or highway. SECTION 2. Section 20-406, "Exceptions" of Article XII, "outdoor Events," of Chapter 20, "Licenses and Miscellaneous Business Regulations," is hereby amended to delete the exceptions for funeral processions and house moving, demolition and construction activities and to add a new exemption for procession of vehicles operated in compliance with ordinary traffic laws to read as follows: 2 See. 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 private party where the agreement addresses outdoor events on the property; (c) Events conducted entirely on property containing an occupied private residence; (d) Processions of vehicles operated in compliance with ordinary traffic laws or a procession of pedestrians along or upon public sidewalks, public parks, or Private Property; (e) Sports facilities located on City property (including but not limited to ball fields, golf courses, tennis courts, swimming pools); (f) An activity conducted in compliance with the zoning of the property and in 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; (g) Events held at Texas Motor Speedway; (h) Events held for National Night out; (i) Neighborhood tours, such as home or garden tours; 0) Special Event Holidays; (k) First Amendment Activity conducted entirely on sidewalks, in public parks or on Private Property; or (1) 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. SECTION 3. Subsection (d) of Section 20-410, "Events Calendar" of Article XII, "Outdoor Events," of Chapter 20, "Licenses and Miscellaneous Business Regulations," is hereby amended to change the reference from "Section"to "Division" to read as follows: (d) First Amendment Events and First Amendment Parades shall be exempt from this Division. SECTION 4. Subsection (d), "Issuance of Parade Permit" of Section 20-415, "Parade Permit Process" of Article XII, "Outdoor Events," of Chapter 20, "Licenses and Miscellaneous 3 Business Regulations," is hereby amended to delete (1)(c) and to renumber the subsection to read as follows: (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 such Parade will not interfere with the movement of fire-fighting equipment or fire protection activities; or d. 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 e. The conduct of the Parade will not require the diversion of a number of ambulances so as to prevent normal ambulance service to other portions of the City; or f. 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 5, Division 3. "First Amendment Events" of Article XII, "outdoor Events," of Chapter 20, "Licenses and Miscellaneous Business Regulations," is hereby amended to change the title, clarify fees, to add references to First Amendment Parades and to add requirements for service plans to read as follows: DIVISION 3, FIRST AMENDMENT EVENTS AND FIRST AMENDMENT PARADES Sec. 20-417. Permit Process (a) First Amendment Events and First Amendment Parades shall be governed exclusively by this Division. 4 (b) Fees (1) 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. (2) An Applicant for a First Amendment Event or a First Amendment Parade shall be required to pay all fees for street closures to conduct specific activities in conjunction with or as part of a First Amendment Event or First Amendment Parade. Fees for First Amendment Events or First Amendment Parades on public streets shall not be in excess of the City's cost to close the street(s) for traffic control. (c) Permit Required (1) An application for a First Amendment Event or First Amendment Parade 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 or First Amendment Parade within thirty (30) calendar days of the proposed event, an application for a First Amendment Event or First Amendment Parade 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 communicate with the Police and Fire Departments prior to the First Amendment Event or First Amendment Parade. (3) The Outdoor Events Manager may issue a First Amendment Event or First Amendment Parade 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 measures in place for the orderly movement of the event participants and traffic near the route. (d) Service Plans (1) The Applicant must submit an Emergency Services Plan that complies with the Fort Worth Fire Code and the Fire Department's street closure guidelines and maintains adequate fire lanes within each closure area. (2) The Applicant must submit a Traffic Control Plan which shall provide traffic controls for the First Amendment Event or First Amendment Parade including the street(s) to be closed and all other streets or public areas in close proximity that may be utilized 5 for alternative routes or for parking of vehicles of persons attending the First Amendment Event or First Amendment Parade. SECTION G. Division 6. "General Provisions for Special Events, Parades and First Amendment Events" of Article XII, "Outdoor Events," of Chapter 20, "Licenses and Miscellaneous Business Regulations," is hereby amended to delete the reference to First Amendment Events from the title and to amend Section 20-424 "Emergency Services and Fire Safety, Traffic Control and Parking Plans" to read as follows: DIVISION 6. GENERAL PROVISIONS FOR SPECIAL EVENTS AND PARADES See. 20-424. Emergency Services and Fire Safety, Traffic Control and Parking Plans (a) Plans (1) The Applicant for any Special Event or Parade is required to provide an Emergency Services and Fire Safety Plan, Police Services Plan, Traffic Control and Parking Plans, 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 and Parking Plans 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. (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 and Parking Plans shall provide traffic and parking controls for the Event including the street(s) to be closed and all other streets 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, in 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 6 Events Manager shall not take into account any of the factors set forth in Section 20-405(b). SECTION 7. Subsection (9) of Sec. 20-425 "Prohibited Conduct During Events" of Division 6. "General Provisions for Special Events, Parades and First Amendment Events" of Article XII, "Outdoor Events," of Chapter 20, "Licenses and Miscellaneous Business Regulations," is hereby amended to add language relating to service animals to read as follows: (9) If the Applicant has previously advertised the prohibition of dogs or animals at the Event, no dogs or other animals, other than service animals, shall be allowed in the Event Area. All dogs or other animals must be licensed, have current rabies vaccination tags, remain on leash while in the Event Area and under voice control of their owners at all times. At the request of the Applicant, the Outdoor Events Manager or his/her designee, any dog or animal exhibiting aggressive behavior must be removed immediately from the Event Area. Owners shall be liable for damage or injury inflicted by their animals. SECTION 8. All other provisions of Ordinance No. 19255-08-2010 not amended herein are in full force and effect. SECTION 9. 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 10. 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 7 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 11. 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. SECTION 12. 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 13. 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. 8 SECTION 14. This ordinance shall take effect on October 1, 2010, after adoption and publication, as required by law. APPROVED AS TO FORM AND LEGALITY: BY 6 y• Assistant ity Attorney Adopted: So tember 28-,-2010 Effective: October 1 2010 9 City of Fort Worth, Texas Mayor a d C o munica ................... .................. ................... .. .. .............................................. . .: . 9/281 �N 373......090 ;..q;:';_'UNI. 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C .... fl ... ... ....... .......... .,;. .IQID. ... . n ..... ....... .. . ....................... ............................... .......... .­�........................ ...... pprov ...................DATE: Tuesday, September 28, 2010 REFERENCE NO.: G-17005 LOG NAME: 12AMENDl SPECIALEVENTSORD SUBJECT: Adopt an ordinance Amending Article XII "outdoor Events," of Chapter 20, "Licenses and Miscellaneous Business Regulations" of the Code of the City of Fort Worth to Address First Amendment Events and Parades RECOMMENDATION: It is recommended that the City Council adopt an ordinance amending Article XII "Outdoor Events," of Chapter 20, "Licenses and Miscellaneous Business Regulations" of the Code of the City of Fort Worth to address First Amendment events and parades. DISCUSSION: 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 provided a systematic and consistent approach to planning and permitting outdoor events. Public hearings were held at the Fort Worth Botanic Gardens on October 20, 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 e-mail to registered neighborhood associations. Citizens were provided an opportunity to comment on the draft proposal during the months of April, May and June, 2010. On August 3, 2010, the City Council adopted ordinance No. 19255-08-2010 regulating outdoor events in the City. Due to concerns received during the public hearing on August 3, 2010, related to the regulation of First Amendment activities, the City Council directed staff to review the ordinance as it relates to First Amendment parades and events and bring back suggested revisions, if needed. The proposed attached amendment would 1) add new definitions for First Amendment Parades and First Amendment Parade Permits; 2) remove funeral processions and house moving, demolition and construction activities from the list of exempted activities; 3) add "Processions of vehicles operated in compliance with ordinary traffic laws or a procession of pedestrians along or upon public sidewalks, public parks, or Private Property" to the list of activities that are exempt from the regulations of the ordinance; 4) move all regulations regarding First Amendment parades and events to Division 3. "First Amendment Events and First Amendment Parades"; 5} add language to Division 3 requiring an Emergency Services Plan that complies with the Fort Worth Fire Code and the Fire Department's street closure guidelines to maintain adequate fire lanes within each closure area and a Traffic Control Plan to provide traffic and parking controls; and 0} delete any reference to First Amendment activities outside Division 3. FISCAL I N FORMATION I C E RTI FICATION: The Financial Management Services Director certifies that this action will have no material effect on City Logname: 12AMEND 1 SPEC IALEVENTSORD Page I of 2 funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Offic Tom Higgins (6192) Originating Department Head: David Yett (7623) Additional Information Contact: Sarah Fullenwider (7619) Logname: 12AMENDI SPECIALEVENTSORD Page 2 of 2