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Home My WebLink AboutOrdinance 0922 ORDINANCE NO. 922 An Ordinance regulating "Mass Gatherings" in the City of North Richland Hills, Texas; defining terms; making it unlawful for any person, firm or coporation to promote or hold a "Mass Gathering" within the City without a permit from the City Manager; providing for an application form; providing for investigation of the application; providing for an apPeal of the City Manager's decision in issuing the application; providing for a hearing on the appeal before the City Council; providing grounds for denial of the permit; providing for a cash deposit; providing for a penalty of a $200.00 fine for violation of the Ordinance; providing for civil enforcement and providing for a savings clause and effective date. Passed and Approved by the North Richland Hills, Texas, City Council this 22nd day of September 1981. ATTEST: / APPROVED: // 91t ¿~Ja4~ wDic~ Faram, Mayor ~ l i"'~, .'. " i)?ÚJ«i.'t: . I,' L /â- 1.:(.' Jeanette Moore, City Secreatry ... - ORDINANCE NUMBER 922 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HI LLS, TEXAS: SECTION 1. DEFINITIONS. 1.01. "Mass Gathering" means any meeting or gathering held inside the City limits or within the extraterritorial jurisdiction of the City of North Richland Hills, Texas, which attracts or can be expected to attract more than 500 persons who will remain at the location of the gathering for a period of more than two (2) continuous hours. "Mass gathering" shall include, but is not limited to, music concerts, automobile races, boxing matches, or other athletic events. 1.02. "Promoter" means any person, group of persons, firm, corporation, partnership or association that organizes, promotes, or solicits funds for the organization or promotion of a mass gathering. 1.03 "Issuing Officer" means the Ci ty Manager of the Ci ty of North Richland Hills, Texas. SECTION 2. PROHIBITION. 2.01. No person, firm, or corporation may act as a promoter of a mass gathering, or hold a mass gathering, unless he obtains a permit from the issuing officer under the provisions of this Ordinance. SECTION 3. APPLICATION FOR PERMIT. 3.01. A promoter desiring to hold a mass gathering shall file a permit application with the City Secretary of the City of North Richland Hills, Texas, at least ten (10) days before the day the mass gathering or event is to be held. 3.02. The permit application must include: a. The name and address of the promoter and the names and addresses of all associates and employees of the promoter assisting in the promotion of the mass gathering or event; b. a financial statement of the promoter and a statement specifying from whom capital for the mass gathering or event is being supplied and in what amounts; . c. a description of the place where the mass gathering or event is to be held; d. the name and address of the owner of the place where the mass gathering or event is to be held and a statement describing the terms and conditions of the agreement whereby the promoter is authorized to use the land; e. the dates and times that the mass gathering or event is to be held; f. the maximum number of persons that the promoter will allow to attend the mass gathering or event and a statement showing how the promoter plans to control the number of persons in attendance at the mass gathering or even t; g. a description of the promoter's agreements wi th performers who are scheduled to appear at the mass gathering or event and the names and addresses of the performers who have agreed to appear and their agents; and h. a full and complete statement describing the promoter's preparations for the mass gathering or event to comply with the minimum standards of sanitation and health as prescribed by Chater 178, Acts of the 49th Legislature, Regular Session, 1945, as amended (Article 4477-1, Vernon's Texas Civil Statutes); i. a description of all preparations being made to provide traffic control and to assure that the mass gathering will be conducted in an orderly fashion and that the physical safety of the persons in attendance will be protected; j. a description of the preparations made to provide adequate medical and nursing care; and k. a description of the preparations made to supervise minor persons who may attend the mass gathering or event; 1. the application for the permit must be verified by the pro- moter and be based on his best information and belief; m. a filing fee of One Hundred Dollars ($100.00) must be sub- mitted with the application for a permit. SECTION 4. INVESTIGATION. 4.01. After an application for permit is filed, the City Secretary shall send copies to the county health officer and the North Richland Hills Chief of Police. 4.02. The county health officer may inquire into preparations for the mass gathering or outdoor music festival and at least five (5) days before the hearing submit a report to the City Council of the City of North Richland Hills stating whether or not he believes that the minimum standards of health and sanitation provided by state and local laws, rules, regulations, and orders will be maintained. 4.03. The Chief of Police of the City of North Richland Hills, Texas shall investigate prepara~ions for the mass gathering and at least five (5) days before the hearing shall submit a report to the City Council of the City of North Richland Hills, Texas, whether or not he believes the minimum standards provided by state and local laws, rules, regulations, and orders for assuring public safety and order will be maintained. 4.04. The issuing officer may conduct any additional investigation which he considers necessary. 4.05. The issuing officer shall either grant or deny the permit within five (5) days before the date of the application. SECTION 5. HEARING. 5.01. If the issuing officer denies the application he shall state his reasons therefore and the applicant shall have the right to appeal to the City Council of the City of North Richland Hills. 5.02. After hearing, the City Council of the City of North Richland Hills, shall have the right to affirm or overrule the action of the issuing officer. 5.03. At the hearing before the City Council of the City of North Richland Hills, Texas, any person may appear and testify for or against the grant- ing of the permit. SECTION 6. DENIAL OF PERMIT--GROUNDS. 6.01. After the hearing is completed, the City Council shall enter its findings in the record and shall grant or deny the permit. 6.02. The City Council may deny the permit if it finds that any of the following: a. the application contains false or misleading information or required information is omitted; b. the financial backing or stability of the promoter is insuf- ficient to assure that the mass gathering or event will be conducted in the manner stated in the application; c. the location selected for the mass gathering or event is inadequate for the purpose for which it is to be used; d. the promoter has not made adequate preparations to limit the number of persons attending the mass gathering or event or to provide adequate supervision for minor persons attending the mass gathering or event; e. the promoter does not have assurance that performers who are scheduled to appear will appear; f. the preparations for the mass gathering or event do not assure that minimum standards of sanitation and health will be maintained or that the mass gathering or event will be conducted in orderly fashion and the physical safety of persons in attendance will be protected, or that adequate supervision of minor persons will not be provided; g. adequate arrangements for traffic control have not been provided; h. adequate medical and nursing care will not be available; i. the time and place for the mass gathering or event create a substantial danger of congestion and disruption of other lawful activities in the immediate vicinity of the mass gathering or event; j. the promoter does not have adequate agreements wi th performers to insure with reasonable certainty that persons advertised to perform will in fact appear. 6.03. A finding under Subsection 6.02 of this section requires a majority vote of the City Council of the City of North Richland Hills. SECTION 7. PERMIT. 7.01. A permit, if issued, shall authorize the promoter to hold a mass gathering at a specified place and at specified times. SECTION 8. CASH DEPOSIT. 8.01. As a condition precedent to the issuance of a permit hereunder, the City may require the promoter to make a cash deposit with the City of North Richland Hills, to provide an adequate fund for the compensation of such security personnel as may be required to insure the physical safety of persons and property of persons in attendance, as well as the persons and property of the community directly affected by the mass gathering or event. SECTION 9. PENALTIES. 9.01. Any person, firm or corporation who violates any provision of this Ordinance shall be guilty of a misdemeanor and fined not in excess of Two Hundred Dollars ($200.00). In the event that any person, firm or corpora- tion sponsors or holds a gathering or event where less than five hundred (500) persons are anticipated to attend, then it shall be a violation of this Ordinance to allow more than five hundred (500) persons to attend such event if no permit has been issued. The terms of this Ordinance may also be enforced by Civil action brought in a District Court of Tarrant County, Texas. SECTION 10. SAVING CLAUSE. 10.01 If any section, paragraph, subdivision, clause, phrase or pro- vision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconsitu- tional. The City Council of the City of North Richland Hills, Texas, in the passage of this Ordinance, finds that the above and foregoing provisions are necessary and proper and in the interest of the health, safety, and the general welfare of the community of North Richland Hills, Texas. This Ordinance shall take effect and be in full force and effect from and after one publication of a descriptive caption hereof in the official news- paper of the City, and the City Secretary is hereby directed to so publish the same. PASSED and ADOPTED this 22nd day of September , 1981. ~~ /~¡J J¡~ ~1;; - Mayor ATTEST, J~~ ~ :'::~ry / APPROVE]) As TO FORM AND LE/GALITY:,.--------/ t/,~- /~ REX MC ENTIRE - City Attorney THE STATE OF TEXAS, County of Tarrant Before me, a Notary Public in and for said County and State, this day Marsha Wesbrooks Secretary personally appeared ~~or the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the foIl owing clipping of an advertisement referring to ORDINANCE NO. 922 "Mass Gathering" in the An ordinance regulating City of North Rich1and, etc... was published in the above named paper on the fol1o September 23, 1981 Signed L Subscribed and sworn to before me, this the 23 r d day 0 S e pt. 1981 Notary Public /ltdA ~¿t£ ?/ lJ, Tarrant unty, Texas. J)iÍ/~~ (/J¿¿L~~ -- WANT AD INVOICE From The FORT WORTH STAR-TELEGRAM, Fort Worth, Texas To 33 Lines How ordered: City of North Rich1and Hills 1 Times....... . Affidavit....... . 9-23-81 Date stl'lrtftd 008 Class No. Signed: $ 36.63 2.00 $ 38.63 9-23-81 To expire MARSHA WESBROOKS