HomeMy WebLinkAboutOrdinance 21165-03-2014 ORDINANCE NO. 21165-03-2014
AN ORDINANCE PROHIBITING CERTAIN ACTIVITIES IN CERTAIN
AREAS AROUND SUNDANCE SQUARE PLAZA AND MAIN STREET
BETWEEN 3RD STREET AND THE TARRANT COUNTY
COURTHOUSE IN CONNECTION WITH ACTIVITIES RELATED TO
ESPN'S BROADCAST PROGRAMMING RELATED TO THE NCAA
FINAL FOUR MEN'S BASKETBALL CHAMPIONSHIP AND
ASSOCIATED ACTIVITIES; 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 APRIL 4, 2014 AND AN
EXPIRATION DATE OF APRIL 7, 201.4.
WHEREAS, the National Collegiate Athletic Association (NCAA) has designated North
Texas as the location of its 2014 Division I Final Four Men's Basketball Championship, with
actual tournament play to occur at AT&T Stadium in Arlington (the "NCAA Final Four"); and
WHEREAS, ESPN has selected Sundance Square as its broadcast headquarters for the
NCAA Final Four and intends to conduct outdoor live broadcasting April 4-7, 2014 from a stage
set up in the center of Sundance Square Plaza; and
WHEREAS, in connection with this broadcasting, ESPN will use the Tarrant County
Courthouse and Main Street between West 3rd Street and the Tarrant Courthouse as its
backdrop, with additional broadcasting shots in and around Sundance Square Plaza, including a
basketball court that will be set up to the west of ESPN's broadcast stage; and
WHEREAS, ESPN has requested that the City assist in ensuring that its broadcast
headquarters and outdoor broadcast backdrops are consistent with the festive image associated
with the NCAA Final Four and related activities and celebrations; and
WHEREAS, on February 12, 2014 Sundance Square, Inc., which owns and operates
Sundance Square Plaza, filed an Outdoor Events Application with the City requesting various
street closures to accommodate ESPN's broadcast schedule; and
WHEREAS, the City is familiar with experiences in other cities where failure to regulate
temporary structures, outdoor sale/distribution of merchandise and temporary outdoor signs and
displays from or on public streets or sidewalks in the vicinity of high profile sports-related events
resulted in pedestrian and vehicular traffic issues that caused traffic and pedestrian safety
problems, obscured lines of sight and affected public safety operations; and
WHEREAS, City officials who have familiarity with traffic and public safety issues
have similar concerns that Sundance Square Plaza and adjacent areas within the planned ESPN
broadcast backdrops could become overly congested by attracting congregations of temporary
Ordinance No. 21165-03-2014
Page 1 of 5
structures, outdoor sales/distribution of merchandise and temporary signage from or on public
streets or sidewalks; and
WHEREAS, such congestion would tin-necessarily increase the numbers of vehicles and
pedestrians in the downtown area, obstruct traffic, hinder security operations and interfere with
emergency vehicle access; and
WHEREAS, the City Council desires to promote and protect good order and aesthetic
quality and to protect the safety and convenience of drivers and pedestrians in the vicinity of
Sundance Square Plaza and the ESPN broadcast sites during ESPN's broadcast activities April 4-
7, 2014 by designating a "Clean Zone" to include Main Street and the adjacent sidewalks from
3rd Street to the Tarrant County Courthouse; 3rd Street and 4th Street between Houston and
Commerce Streets; and the sidewalks adjacent to Sundance Square Plaza on 3rd Street and 4th
Street (but not the sidewalks on the south side of 4th Street or the north side of 3rd Street other
than at both northside corners of 3rd Street and Main Street); and
WHEREAS, this Ordinance does not regulate any activities in Sundance Square Plaza
itself or on any other private property located within the Clean Zone 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 area BEGINNING at the southern curb line of 4th
Street at its intersection with a point equal to the private property line on the southwest comer of
the intersection of 4th Street and Commerce Street;
then north to a point equal to the northern curb line of 3rd Street at its intersection with a point
equal to the private property line on the northwest corner of the intersection of 3rd Street and
Commerce Street;
then west to a point equal to the northern curb line of 3rd Street at its intersection with a point
equal to the private property line on the northeast comer of the intersection of 3rd Street and
Main Street;
then north along the private property line on the east side of Main Street across Weatherford
Street to the north sidewalk line of Weatherford Street;
then west along the north sidewalk line of Weatherford Street to a point equal to the private
property line on the southwest corner of the intersection of Main Street and Weatherford Street;
then south across Weatherford Street along the private property line on the west side of Main
Street to northern curb line of 3rd Street;
then west along the nor-them curb line of 3rd Street to the private property line on the northeast
comer of the intersection of 3rd Street and Houston Street;
Ordinance No. 21165-03-2014
Page 2 of 5
then South to the southern curb line of 4th Street at its intersection with a point equal to the
private property line on the southeast comer of the intersection of Houston Street and 4th Street;
then east along the southern curb line of 4th Street back to the place of BEGINNING, all as more
particularly shown on the map and description attached hereto as Exhibit "A", shall be
designated as a "Clean Zone" during the period beginning at 12:01 a.m. April 4, 2014 through
and until 11:59 p.m. April 7, 2014:
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 streets and sidewalks in the Clean Zone during such timeframe:
1. All activities constituting an "Outdoor Event" tinder 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) from or on any public street,
public property or sidewalk;
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) from or on from any public street, public property or
sidewalk;
3. The commercial use or display of a costume or mascot sign on any public street, public
property or sidewalk;
4. The outdoor sale or distribution of food or merchandise to the public (used in its broadest
sense) on any public street, public property or sidewalk, except food or merchandise 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 and then only on
private property or on public property where a pen-nit has been issued for outdoor
restaurant seating;
5. The outdoor distribution to the public of flyers, material, goods or wares from or on any
public street, public property or sidewalk, 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 and then only on private property;
6. 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 from or on a public
street, public property or sidewalk, 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
7. 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 11 Amusements, Division 3, Carnivals, Circuses and Tent Shows;
Article IN — Vendors, Division I — Door-to-Door Vendors; Chapter 23 — Offenses and
Ordinance No. 21165-03-2014
Page 3 of 5
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 20-1.63, save and except the eight authorized
locations and permitted vendors; 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:
(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, stricture 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,
Ordinance No. 21165-03-2014
Page 4 of 5
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.
SECTION 6.
That any person, firm or corporation who violates, disobeys, omits, neglects or reftises 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. April
4, 2014 and expire at 1.1:59 p.m. April 7, 2014.
APPROVED AS TO FORM AND LEGALITY:
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Adopted:,March 18, 2014
Effective'
Ordinance No. 21165-03-2014
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: ,Approved on 3/1812014 - Ordinance No. 21165.03'-2Q14
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DATE: Tuesday, March 18, 2014 REFERENCE NO.: G-18156
LOG NAME: 12ESPN CLEAN ZONE
SUBJECT:
Adopt Temporary Ordinance Establishing a Clean Zone Restricting Certain Activities in and Around
Sundance Square Plaza and Along Main Street North to the Tarrant County Courthouse from April 4, 2014
Through April 7, 2014 in Conjunction with ESPN Broadcasting During the NCAA Final Four Men's
Basketball Championship (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance establishing a Clean Zone
restricting certain activities in and around Sundance Square Plaza and along Main Street north to the
Tarrant County Courthouse from April 4, 2014 through April 7, 2014 in conjunction with ESPN's
broadcasting activities from the Plaza during the NCAA Final Four Men's Basketball Championship.
DISCUSSION:
ESPN has selected Sundance Square as its broadcast headquarters during the 2014 NCAA Division I
Final Four Men's Basketball Championship (NCAA Final Four). ESPN intends to conduct outdoor live
broadcasting April 4, 2014 through April 7, 2014 from a stage set up in the center of Sundance Square
Plaza, using the Tarrant County Courthouse and Main Street between West Third Street and the
Courthouse as the backdrop for its broadcasts. There will also be additional broadcasting shots in and
around Sundance Square Plaza, including a basketball court that will be set up to the west of ESPN's
broadcast stage.
The City has been asked to assist in ensuring that ESPN's broadcast headquarters and outdoor broadcast
backdrops are consistent with the festive image associated with the NCAA Final Four and related activities
and celebrations. In addition, after working with the National Football League for various events held in
downtown Fort Worth during Super Bowl XLV, and in studying other cities' experiences where the failure
to regulate temporary structures, outdoor sale/distribution of merchandise and temporary outdoor signs
and displays visible from public streets or sidewalks in the vicinity of high profile sports-related events
caused traffic and pedestrian safety problems, obscured lines of sight and negatively impacted public
safety operations, Staff recommends adopting the attached ordinance that will create a Clean Zone for
certain public streets and sidewalks in the vicinity of Sundance Square Plaza and north along Main Street
to the Tarrant County Courthouse, effective from 12:01 A.M., April 4, 2014 through 11:59 P.M., April 7,
2014.
The affected streets and sidewalks are more specifically depicted in the map set forth in Exhibit A in the
attached Ordinance. The Ordinance does not apply to Sundance Square Plaza itself, which is privately
owned.
In addition to all other activities prohibited by City ordinances, state or federal laws, the following activities,
including those permitted prior to the effective date of this ordinance, shall be prohibited in the Clean
Zone:
Logname: 12ESPN CLEAN ZONE Page I of 3
1 All activities constituting an Outdoor Event under Chapter 20Of the Code Of the City of Fort Worth,
iDdUd/DQ the ConStrUction, pl8o8nnSOt, 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) from oron any public street;
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) from or on any public street;
3. The outdoor sale or distribution of food or merchandise to the public (used in its broadest sense) 'from
or on any public street, public property or sidewalk, except food or merchandise sold or distributed in the
ordinary course of bUSinSSS at a location for which 8 Certificate of Occupancy has been issued or permit
has been issued prior to the effective date 0f this [>rdinanc8�
4. The outdoor distribution to the public Of |iterature, noate[ia|, goods or wares from or UO any public otnae('
public property or sidewalk, except as SO|d or distributed in the ordinary COuro8 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 SignG, flags, banners, video ocnSon8' balloons,
electronic message boards, nighttime projections of messages, inf|atab|e3 and building wraps from or on
any public street, except restaurant A-frame signs, window signs and street pole banners with a valid City
issued permit; and
6. Temporary Vending including, but not limited to, the So|icitinQ. selling or offering of food, wares,
aen/|neS or other items and activities described under Chapter 2O. Licenses and K8iSo8||anSouS Business
Regulations, Article || /\n0VSeDlentS. Division 3. Carnivals, Circuses and Tent Shows; Chapter 24 — Parks
and CDD1O0UDity Services, Article | — In General, @8(tiOO 24-5; Appendix — ZO0ing R8gU|@tiOng. Chapter
5 — Supplemental Use Standards, Article 4 — Temporary Uses, Section 5,406 — Mobile vendors; Chapter
20 — Licenses and K8isCe||aOmouS BUGiDeaa Regulations, Article |V—VendorS. Division 1 — Door-to-Door
Vendors; Chapter 23 — Offenses and Miscellaneous Provisions, Section 23-16 — Certain ticket resale
prohibitod0Dci{ypropSrty; Chapter2O — LiceDsesandMioce||aDeoUoBuoin8SSRegu|adOno. ArtiC|e |V-
Vendors` Division 2 — Pushcarts, Section 20-163. Save and except the eight authorized locations and
permitted vendors; Chapter 30 — GtFeet3 and Sidewalks, /\diC|e | — In General, 8eChDD 3O-3 — Displaying
goods, vVar8S' etc.; and Chapter 3O — Streets and Sidewalks, Article | — |D General, Section 30-4 —
GO|iCidOg trade or pat[Ono0e, all of the Code of the City Of Fort Worth,
Most of the activities addressed under this ordinance are prohibited and/or regulated under existing
ordinances; however, by combining them into G single ordinance it will be easier to educate the public and
for various City agencies to enforce vio|8(iOOs, e.g., Pn|ice. Fire, Code, P|8OOiO0 and Development.
Exceptions include prohibiting all temporary signs (except n3ataurantA-F[a[DS and real
e8(ate/deVe|OpmeDt8igOG). prohibiting mobile and itinerant food vendors (except the eight |OC@ti0n8
approved for hotdog push carts) and providing for the immediate removal of i||S8a| temporary signs.
/\ copy Ofthe draft ordinance has been shared with GundanCe Square. The regulating Of these activities
has also been communicated <odowntown businesses through various channels. AoOfthe date ofthis
report, the City has not received any objection to this ordinance.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no DlotSha| effect on City
funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: ALL ACMs (6222)
Originating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Peter Vaky (7601)
Logname: 1,2ESPN CLEAN ZONE Page 3 of 3