HomeMy WebLinkAboutOrdinance 21838-08-2015 ORDINANCE NO. 21838-08-2015
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 FOR COLLEGE GAME DAY EVENT 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 SEPTEMBER 4, 2015 AND AN EXPIRATION DATE
OF 12:00 NOON, SEPTEMBER 4, 2015.
WHEREAS, ESPN has selected Sundance Square as its broadcast headquarters for its
College Game Day event, which heralds the opening weekend of the National Collegiate Athletic
Association ("NCAA") 2015 college football season, and intends to conduct outdoor live
broadcasting September 4-5, 2015 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
demonstration football field 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 opening weekend of the NCAA's college football season and ESPN's broadcast of
various and related activities and celebrations; and
WHEREAS, on July 17, 2015 Sundance Square, 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
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structures, outdoor sales/distribution of merchandise and temporary signage from or on public
streets or sidewalks; 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; 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
September 4-5, 2015 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 corner 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 corner 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;
Ordinance No.21838-08-2015
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then west along the northern curb line of 3rd Street to the private property line on the northeast
corner of the intersection of 3rd Street and Houston Street;
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. September 4, 2015
through and until 12:00 Noon, September 5, 2015:
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 Zone
during such timeframe:
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 commercial use or display of a costume or mascot sign;
4. 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;
5. 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;
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, 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 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, save and except the eight authorized
locations and permitted vendors; Chapter 30 — Streets and Sidewalks, Article I — In
Ordinance No.21838-08-2015
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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, 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.
Ordinance No.21838-08-2015
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City of ort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 8118/2015 - Ordinance No. 218,38-08-2015
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DATE: Tuesday, August 18, 2015 REFERENCE NO.: G-18536
LOG NAME: 12ESPN CLEAN ZONE 1
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 Effective from
12: 1 ., September 4, 2015 Until Noon, September 5„ 2015 in Conjunction with ESPN College
Game Day Event Broadcasts (ALL COUNCIL DISTRICTS)
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 effective from 12:01 a.m., September 4, 2015 until , September 5,
2015 in conjunction with ESPN's College Game Day event broadcasting activities in the Plaza celebrating
the opening weekend of NCAA college football season.
DISCUSSION:
ESPN recently announced that it has selected Sundance Square as its broadcast headquarters for its
College Game Day event September 4, 2015 and September 5, 2015. College Game Day heralds the
opening weekend of the National Collegiate Athletic Association (NC AA) 2015 college football
season. ESPN intends to conduct outdoor live broadcasting September 4, 2015 September 5, 201
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 backdrop for its broadcasts. There will
also be additional broadcasting shots in and around Sundance Square Plaza, including a demonstration
football field 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 ESPN's College Game Day broadcasts
celebrating the opening weekend of NCAA college football 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 i 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 .m., September 4, 2015 until 12:00 noon, September 5, 2015.
The affected streets, sidewalks and public property 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 r federal laws, the following activities,
J,o nwne: 12ESRN C1.,EAN ZONE 15 Page 1 of
including those permitted prior to the effective date of this ordinance, shall be prohibited on all public
property, all public streets and sidewalks in the Clean Zone:
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 commercial use or display of a costume or mascot sign;
4. 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 has been issued or a permit has been issued prior to the effective date of this
ordinance;
5. The outdoor distribution to the public of literature, 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 or permit for outdoor restaurant seating has been issued prior to the
effective date of this ordinance;
6. Outdoor displays, including, but not limited to, portable signs, flags, banners, 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
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 20 - Licenses and Miscellaneous Business
Regulations, Article II -Amusements, Division 3 - Carnivals, Circuses and Tent Shows; 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 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, 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.; and Chapter 30 - Streets and Sidewalks, Article I - In General, Section 30-4 -
Soliciting Trade or Patronage, 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 a single ordinance it will be easier to educate the public
and for various City agencies to enforce violations, e.g., Police, Fire, Code, Planning and Development.
Exceptions include prohibiting all temporary signs (except restaurant A-Frame and real
estate/development signs), prohibiting mobile and itinerant food vendors (except the eight locations
approved for hotdog push carts) and providing for the immediate removal of illegal temporary signs.
A copy of the draft ordinance has been shared with Sundance Square. The regulating of these activities
has also been communicated to downtown businesses through various channels. As of the date of this
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 material effect on City
Logname: 12ESPN CLEAN ZONE 15 Page 2 of 3
funds.
FUND CENTERS:
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: Sarah Fullenwider (7623)
Logname: 12ESPN CLEAN ZONE 15 Page 3 of 3
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 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.
September 4, 2015 and expire at 12:00 Noon, September 5, 2015.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
By: _ c By:_ _. _......_ _._
Peter � s
I >p ut �t Attarney Cit ecret
ary
Adopted: August 18, 2015_
Effective: August 23, 2015
Ordinance No. 21838-08-2015
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