HomeMy WebLinkAboutOrdinance 2768
ORDINANCE NO. 2768
2
8
AN ORDINANCE AMENDING CHAPTER 15 OF THE NORTH RICHLAND
HILLS, TEXAS, CODE OF ORDINANCES; ADOPTING A REGULATING PLAN
FOR PARADES, AND RECREATIONAL STREET USES; DEFINING AND
STATING REQUIREMENTS; PROVIDING FOR SEVERABILITY;
ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
4
6
10
WHEREAS, the City Council desires to adopt a regulating plan for parades and recreational
street uses, NOW, THEREFORE,
12
14
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
16
Section 1:
THAT Chapter 15 of the North Richland Hills Code of Ordinances is hereby
amended by adding a new Article IX which shall read as follows:
18
"ARTICLE IX. PARADES AND RECREATIONAL STREET USES
20
Sec. 15-201. Definitions
22
For the purposes of this article:
24
26
Parade means any march or procession consisting of people, animals or vehicles, or a
combination thereof, except funeral processions, upon any public street or alley, which does not
comply with the normal or usual traffic controls.
28
30
Recreational street use means the use of a public street or alley for purposes that would involve
closing a portion of a street including, but not limited to: block parties, festivals, and similar
recreational events, both charitable and non-charitable, which do not comply with normal or
usual traffic controls.
32
36
Motorized Vehicle means any car, truck, van, bus, motorcycle, SUV, or any other automobile
to be included in the parade regardless if the motorized vehicle will be used for the purpose of
transporting parade participants.
34
38
Non-Motorized Vehicle means any vehicle that is not powered by a motor that utilizes
electricity, gasoline, or any other type of fuel in order to propel the vehicle. This includes, but
is not limited to, wagons or carriages drawn by horses, donkeys, mules or oxen.
40
44
Floats mean any type vehicle, motorized and otherwise, for use during the parade. This
includes, but is not limited to cars, trucks, vans, busses, motorcycles, SUV s, or trailers that are
pulled by either motorized or non-motorized vehicles.
42
Ordinance No. 2768
Page 1 of 6
2
Large Parade means a parade that will involve more than 25 motorized vehicles, non-motorized
vehicles, or floats.
4
Small Parade means a parade that will include no more than 25 vehicles or floats and/or is
limited to pedestrians marching or proceeding along a public street including, but not limited to:
marathons, walk-a-thons, bike-a-thons, march-a-thons, Neighborhood Association Parades, and
other similar processions.
6
8
Sec. 15-202. Failure to obtain permit
10
14
A person who promotes or sponsors a neighborhood parade or recreational street use that
involves the use of a public street or alley, which neighborhood parade, parade, or recreational
street use occurs without a permit having been issued therefor by the City of North Richland
Hills shall be guilty of a misdemeanor.
12
16
Sec. 15-203. Participation in violation when no permit issued
18
A person who participates in a parade or recreational street use on a public street or alley when
no permit for such activity has been issued, and said person has knowledge ofthat fact, shall be
guilty of a misdemeanor.
20
22
Sec. 15-204. Violation of terms of permit - Permittee
24
A person to whom a permit has been issued who intentionally violates the terms of the permit
shall be guilty of a misdemeanor.
26
Sec. 15-205. Violation of terms of permit - Participant in parade, etc.
28
30
A person participating in a parade or recreational street use for which a permit has been issued
who intentionally violates the terms of the permit shall be guilty of a misdemeanor.
32
Sec. 15-206. Permit
34
A person or organization promoting or sponsoring a parade or recreational street use involving
the proposed use of a public street without compliance with normal or usual traffic controls shall
apply for and obtain a permit for such activity from the City Secretary's Office of the City of
North Richland Hills. The Police Department, Fire Department, and the Public Works
Department shall review all permit applications to identify safety issues, traffic concerns, street
closures, adjustments to emergency response routes, and crowd safety. The City Secretary shall
issue approval or denial of all permits pertaining to this ordinance within fifteen (15) business
days of receipt of the permit application.
36
38
40
42
Ordinance No. 2768
Page 2 of 6
2
Sec. 15-207. Application
4
The application must be made on a form provided by the City Secretary's Office and must be
filed with the City Secretary's Office not less than thirty (30) days prior to the proposed date of
the parade or recreational street use, and must include:
6
(1)
8
10
(2)
12
14
16
18
(3)
20
22
24
(4)
26
(5)
28
(6)
30
32
(7)
34
36
(8)
38
The name and address of the responsible party and/or promoter, as well as any partners
and co-producers assisting in the promotion of the parade or recreational street use;
A description of the parade route or location of the recreational street use indicating:
(a)
(b)
(c)
the number of floats (if applicable);
the number of participants;
the size and location of any and all performance stages, booths, tents, and other
temporary structures or shelters (if applicable);
the location of the parade staging area (if applicable); and
any requests for street closure to accommodate the event.
(d)
(e)
The name and address of the owner of the location of the recreational street use or
parade, any assembly, staging or ending area to be used with a letter from the owner of
said site indicating permission to use the location as well as a statement describing any
terms and conditions of the agreement to use the location;
The date and time that the parade or recreational street use is to take place;
An estimate ofthe number of persons expected to attend the parade or recreational street
use including a plan for crowd safety and security;
A description of planned activities, such as food vendor service, speakers, music, and/or
entertainers scheduled for the event;
A full and complete statement describing the responsible party's preparations for the
parade or recreational street use to comply with the minimum applicable standards of
sanitation, health and fire safety in compliance with all state laws and City ordinances;
A description of all proposed traffic control to assure that the parade or recreational street
use will be safe for all persons participating and in attendance;
(9) The application for the permit must be signed by the responsible party;
40
42
(10) A non-refundable filing fee of One Hundred Dollars ($100.00) must be submitted with
the application for a permit for a large parade.
44
Ordinance No. 2768
Page 3 of 6
2
(11) A non-refundable filing fee of Twenty Five Dollars ($25.00) must be submitted with the
application for a permit for a small parade or recreational street use.
4
(12) Fees may be waived for parades co-sponsored by the City or sponsored by the Birdville
Independent School District or other local civic organization.
6
Sec. 15-208. Routing
8
10
If the application is for a Large Parade, the route shall be so planned as to pass through one of
the following areas of the City:
12
(1)
Mid-Cities Boulevard from Davis Boulevard to Rufe Snow Drive; and
14
(2)
Grapevine Highway from Glenview to Richland Plaza Drive.
16
If the application is for a Neighborhood Parade, the Police Department, Fire Department, and
Public Works Department shall review the proposed route and work with the applicant to
determine the best route.
18
20
Sec. 15-209. Timing of parades
22
Parades shall not be held during the hours of7:00 a.m. to 9:00 a.m., or 4:00 p.m. to 7:00 p.m. on
weekdays.
24
Sec. 15-210. Security
26
32
Parades shall be required to provide and pay all costs for security for such event upon the basis
of one off duty police officer or private security officer for every 10 motorized or non-motorized
vehicles or floats. Recreational street uses shall be required to provide one off duty police officer
or private security officer for every one hundred (100) persons expected to attend. In the event
that the sponsors desire to use private security officers, they shall be required to furnish written
evidence from a state-certified security agency that arrangements have been made to furnish such
security officers at the above ratio prior to issuance of a permit.
28
30
34
Sec. 15-211. Amendment of application
36
42
The City of North Richland Hills shall consider each application individually and shall issue a
permit to an applicant whose application complies with Sections 15-207 through 15-210 ofthis
article within fifteen (15) business days after the date the completed application is filed. The
applicant and the City may agree in writing to extend the time limit. At any time prior to a
decision by the City, the applicant may amend the application and the City shall make a decision
on the application as amended within fifteen (15) business days after the date ofthe amendment.
38
40
44
46
Ordinance No. 2768
Page 4 of 6
Sec. 15-212. Grounds for denial
2
The City may deny a permit under this article only under the following circumstances:
4
(1)
The applicant has failed to supply the information required in Sections 15-207 through
15-210 ofthis article;
6
8
(2)
The applicant refuses to amend the route so as to comply with the provisions of Section
15-208 of this article;
10
(3)
The applicant wishes to conduct a parade during the times prohibited by Section 15-209
of this article;
12
14
(4)
The applicant has not paid the permit fees required by this article;
16
(5)
There is another parade or recreational street use already scheduled for the same time and
place; or
18
(6) Scheduled maintenance or street closure for construction purposes.
20
(7) Failure to meet any of the provisions of this Ordinance.
22
Sec. 15-213. Appeal
24
26
An applicant who is denied a permit may appeal such denial to the City Manager or his designee.
The City Manager or his designee shall hear such appeal as soon as possible and within five (5)
working days of notification to the office of the City Manager."
28
Section 2:
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 unconstitutional or otherwise invalid by the final judgment or decree of
any court of competent jurisdiction, such invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance,
since the same would have been enacted by the city council without the
incorporation in this ordinance of any such invalid phrase, clause, sentence,
paragraph or section.
30
32
34
36
38
Section 3:
Any person, firm or corporation violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Five Hundred Dollars ($500.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
40
42
44
Section 4:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clause of this ordinance two times.
46
Ordinance No. 2768
Page 5 of 6
Section 5:
This ordinance shall be in full force and effect immediately after passage.
2
AND IT IS SO ORDAINED.
4
PASSED AND APPROVED on this 23rd day of February, 2004.
6
CITY OF NORTH RICHLAND HILLS
8
12
\\\\\'i\tllli' ."";11
"", ^~totI ..4~~~ "",,/
~'~~'~'~!.~~'/
'!<to' " '. ,
~" " " ~
:!!ro "n ',;
.,. ."
:: ..' ''''. J#^"'.
~ ~ fA TTFtii T: "f":" .
-. I .m
~.,...\ . h /~. .
~~ " /'Ç,
... .,~
'z ,. ¡"" "
"" ·Yf'ðrd. .-
P'à'tricia Hutson, City Secretary
By:
/'1_/)
c.v~./fPí)
Oscar Trevino, Mayor
10
14
16
18
24
20
22
26
APPROVED AS TO CONTENT:
28
~>úipe> IitøA~
l~artment Head
30
Ordinance No. 2768
Page 6 of 6
INVOICE
Star- Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID: CIT13
Invoice Number: 238153231
Bill To:
CITY OF N RlCHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number: 23815323
Sales Rep: 073
Description: ORDINANCE NO.2
Publication Dates:02/26/2004 - 02/27/200
02/27/2004
Net due in 21 days
02/29/2004
ORDINANCE NO. 2768 An ordinanc
13580
50
50
LINE
$0.36
$36.00
.~HO.
AI~O~'~
North Rich/and HI/III,
Texas, Code of Or-
dinances; adopting a
regulating P!ån for
parades, and recre-
ational street UIlll8;
~:J~~'1ne~':; =~r:P-
¡no . for éeverabllltv;
es"tabllshlng a penal-
:rc:ar.~~ld~WdfO~ft~
~':.~~~g an effective
Any person, flnn or
. corporation' violating
~~J¡n~~c"~SIo¿ 'J1r ~:
deemed guilty of a
misdemeanor and
upon final conviction
tliereof fined In. an
~~~un~~:~~ t>XJj!:~
($500.00). Each day
any suéh violation
shall be allowed to
continue shall conBtl~
tute a separate vio-
I ration and punishable
THE STATE OF T p'Å~1'ê~erAND AP-
PROVED on this 23rd
County of Tarrant dElY of February 2004.
Is/OScar 'Trevino .
om- Trevino - Mayor
Before me, a Nota fsJ¡Iat~~ Hutson :ounty and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star-Telegr~.. ..r"lcI't. .Hutso. ,~ -.C Ity r-Telegram, Inc. at Fort Worth, In Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached c .. .... tiøZe mt was published in the ab0\}J e ed paper on the list dates: BIDS & LEGAL DEPT. STAR TLEGRAM
(817) 390-732C· .: . ~ l
~ - CIty
. Signed Q..;
Net Amount:
$36.00
------ -------~---
,.~...~'~';., CHRISTY L. HOLLAND
,ß ,
, \:.~ 7 MY COMMISSION EXPIRES
, "" ",~""."",.' JULY 310 2004
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, March o¡;f0f' .
Notary Public ~/~
IA ~fA¿d
Thank You For Your Payment
............''''''''''''..............--...-.,.,............,......................................,-...........................-..............--..................................................................................................-.-..........................-..........-.-.........................''''''''''''''..............-.....--........................................-.-........,.....,-.-..........................................
Remit To: Star-Telegram
P.O. Box 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT13
CITY OF N RICHLAND HIL
238153231
$36.00
('...................."....'.................".......................................................,....·'··f
.$__~.~__...---J