HomeMy WebLinkAboutOrdinance 2463
ORDINANCE NUMBER 2463
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS TO BE KNOWN AS THE
NORTH RICHLAND HILLS MASS GATHERINGS ORDINANCE; ESTABLISHING
REGULATIONS GOVERNING THE CONDITIONS UNDER WHICH MASS GATHERINGS
ARE CONDUCTED; ESTABLISHING REGULATIONS TO PROTECT THE SAFETY AND
HEALTH OF THE PUBLIC DURING MASS GATHERINGS; ESTABLISHING A PERMIT
APPLICATION AND APPEAL PROCEDURE; REPEALING PREVIOUS MASS GATHERINGS
ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS:
SECTION 1. DEFINITIONS
1.01. "Mass Gathering" means any meeting or gathering held within the City limits or within the
extraterritorial jurisdiction of the City of North Richland Hills, Texas, wherein anyone in
attendance at the meeting or gathering is not or is not expected to be within a permanent
structure and which attracts or can be expected to attract more than one thousand
(1000) persons who will remain at the location of the gathering for a period of more than
two (2) continuous hours. "Mass Gathering" shall not mean any worship service of any
church, nor shall it mean a gathering sponsored by a school or school district, a college
or a college district, nor a public agency of Tarrant County, this City, nor the State of
Texas.
1.02. "Permanent" as used in "permanent structure" means any man-made structure for which
the City has issued a building permit, a plumbing permit, and an electrical permit; and
which has existing and currently operating plumbing and electrical services which comply
with all ordinances of the City; and which has an existing and currently operating supply
of water provided only by the City, and which has existing and currently operating
sanitary sewer service provided only by the City.
1.03. "Promoter" means any person, group of persons, entity, firm, corporation, partnership, or
association that organizes, promotes, or solicits funds for the organization or promotion
of a mass gathering.
1.04. "Performer" means any person or group of persons who contract with the Promoter
to provide a service, product, or exhibition, with or without remuneration, which
constitutes in whole or in part, the attraction to the public for the event.
1.05 "Issuing Officer" means the City Secretary of the City of North Richland Hills, Texas, or
the City Secretary's designated representative.
SECTION 2. PROHIBITION
2.01. No person may act as a promoter of a mass gathering unless he obtains a permit from
the issuing officer under the provisions of this ordinance. If the owner of the property on
which the mass gathering is to be held is not the promoter as defined in Section 1.03,
the owner of the property shall not be required to obtain a permit under the provisions of
this ordinance.
2.02. No person may direct, control, or participate in the production of a mass gathering
unless a valid permit for the event has been issued as provided in this ordinance.
2.03. No person may direct, control, or participate in the production of a mass gathering in
violation of the terms and conditions of a permit issued in accordance with this
ordinance.
SECTION 3. APPLICATION FOR PERMIT
3.01. Not less than sixty (60) days before a mass gathering is to be held, the promoter of the
mass gathering shall file an application for a permit with the issuing officer.
3.02. The permit application shall include:
a. The name and address of the promoter, his/her partners and co-producers
assisting in the promotion of the mass gathering or event;
b. A financial statement of the promoter, his/her partners and co-producers, 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,
indicating the size and location of any and all performance stages, booths, tents,
and other temporary structures or shelters;
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 date and time 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 event;
g. A detailed description of the promoter's agreements with any and all performers
who are scheduled to appear at the mass gathering or event and the legal names
and addresses of the performers who have agreed to appear and their agents;
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 for mass gatherings by the Texas Board of Health pursuant
to Section 751.010 of the Texas Health and Safety Code;
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 all persons in attendance will be protected;
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j. A description of the preparations made to provide adequate medical and nursing
care;
k. A description of the preparations made to supervise juveniles and other minor
persons who may attend the mass gathering or event;
I. The application for the permit must be certified by the promoter and be based on
his best information and belief;
m. A filing fee of One Hundred Dollars ($100.00) must be submitted 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 North
Richland Hills Environmental Services Director and the North Richland Hills Chief of
Police.
4.02. The Environmental Services Director of the City of North Richland Hills, Texas, or the
Director's designated representative shall inquire into preparations for the mass
gathering or outdoor festival and no later than thirty (30) days prior to the scheduled date
of the mass gathering shall submit a report to the City Secretary of the City of North
Richland Hills stating whether or not he/she 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, or the Chief's designated
representative, shall investigate preparations for the mass gathering and no later than
thirty (30) days prior to the scheduled date of the mass gathering, shall submit a report
to the City Secretary of the City of North Richland Hills, Texas, stating whether or not
he/she believes that the promoter is in compliance with all State and local laws, rules,
regulations, and orders, and whether or not adequate provisions have been made by the
promoter to ensure that public safety and order will be maintained.
4.04. The issuing officer may conduct any additional investigation, which he/she considers
necessary.
4.05. The issuing officer may impose reasonable conditions or restrictions on the granting of a
permit, including but not limited to any of the following:
a. Restrictions on fires, fireworks, amplified sound, use of alcoholic beverages,
dancing, sports, use of animals, equipment, or vehicles, the number of persons to
be present, the location of any bandstand or stage, or any other use which
appears likely to create an unreasonable risk of harm to the public;
b. A requirement that the applicant pay a reasonable deposit of security based on
size of gathering and projected impact on municipal services such as security,
and for the repair of any damage to city property, or the cost of cleanup, or both;
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c. A requirement that the applicant pay a reasonable fee to defray the cost of
furnishing adequate Police personnel for security and traffic control, and Fire
Department personnel for fire-watch assignments at the proposed activity;
d. A requirement that the applicant furnish additional sanitary and refuse facilities
that might reasonably be necessary based on the use or activity for which the
permit is being sought.
4.06. The issuing officer shall enter the findings on record and shall grant or deny the permit
no later than 15 days prior to the scheduled date of the mass gathering.
SECTION 5. REVOCATION OF PERMIT
5.01. After a permit is issued, if the issuing officer finds that preparations for the event will not
be completed by the time the mass gathering is to begin or that the permit has been
obtained by fraud or misrepresentation, he/she may revoke the permit.
5.02. The issuing officer must give notice to the promoter forty-eight (48) hours in advance of
the revocation, and arrange a hearing on the revocation if requested to do so by the
promoter.
SECTION 6. APPEAL! HEARING
6.01. Any promoter or person affected by the action of the issuing officer in granting, denying
or revoking a permit under this ordinance may appeal to the City Manager, who shall
hold a hearing at such person's request.
6.02. Such person requesting a hearing shall submit to the City Manager a written request for
a hearing to show cause as to why the permit should be granted or should not be
revoked. Such request shall not stay the denial or revocation. A hearing shall be
scheduled within five (5) working days of such request.
6.03. Notice of the time and place of the hearing shall be given to the promoter and to any
other persons who have expressed an interest in the granting or denial of the permit.
6.04. The Environmental Services Director and the Chief of Police or their designees, and the
City Secretary shall be available to give testimony relating to their reports at the hearing.
6.05. At the hearing, any person may appear and testify for or against the granting of the
permit.
6.06. After the hearing, the City Manager of the City of North Richland Hills shall have the
authority to affirm or overrule the action of the issuing officer and shall grant or deny the
permit.
SECTION 7. DENIAL OF PERMIT
7.01. The issuing officer or the City Manager may deny the permit if it is found that anyone or
more of the following apply:
a. The application contains false or misleading information or required information is
omitted;
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b. The financial backing or stability of the promoter is insufficient 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 juveniles and other minor persons attending the mass gathering
or event;
e. The promoter does not have adequate contractual agreements with performers,
or does not have, or loses assurance that performers who are scheduled to
appear will in fact appear;
f. The preparations for the mass gathering or event do not assure;
i. That minimum standards of sanitation, health, and fire safety will be
maintained;
ii. That the event will be conducted in an orderly fashion;
iii. That the physical safety of all persons in attendance will be protected;
iv. That adequate supervision of juveniles and other minor persons
attending the event will be provided;
v. Adequate arrangements for traffic control will be provided;
vi. Adequate medical and nursing care will be available;
g. The time and place for the mass gathering or event creates a substantial danger
of congestion and disruption of other lawful activities in the immediate vicinity of
the mass gathering or event;
7.02. Every denial or revocation of a permit under this ordinance shall be in writing, dated, and
shall state the reason for such action. Said notice shall immediately be sent to the
applicanUpermittee by certified mail, or shall be personally delivered to such person by
courier.
7.03. If the City Manager denies the permit, the City shall notify the promoter in writing:
a. The reasons for denial;
b. The promoter may file an action in the District Court of Tarrant County, Texas, for
review of the evidence presented to the issuing officer at the hearing, the findings
of the issuing officer, and his decision. Said judicial review shall be perfected by
the filing of a petition with the court within ten (10) days of the decision.
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SECTION 8. PERMIT
8.01. A permit, if issued, shall authorize the promoter to hold a mass gathering event at a
specified place at a specified time. Additional or subsequent events by the applicant will
require additional permits.
8.02. Permits required by this ordinance shall be publicly posted in the area where the activity
is conducted or produced and shall be exhibited upon demand to any law enforcement
officer or city ordinance enforcement official. The posted permit shall have emergency
contact information listed including name and telephone number, including area code.
SECTION 9. CASH DEPOSIT
9.01. As a condition to the issuance of a permit hereunder, the City may require the promoter
to make a deposit based on size of gathering and projected impact on municipal
services such as security, and for the repair of any damage to city property, or the cost
of cleanup, or both. This deposit shall be collected 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 1 O. PENALTIES
10.01 Any person, firm, or corporation who violates any provision of this ordinance shall be
guilty of a misdemeanor and fined not in excess of Five Hundred Dollars ($500.00) per
violation. In the event that any person, firm or corporation sponsors or holds a gathering
or event where less than one thousand (1,000) persons are anticipated to attend, then it
shall be a violation of this ordinance to allow more than one thousand (1,000) 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 11. SAVING CLAUSE
11.01. If any section, paragraph, subdivision, clause, phrase or provision 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 unconstitutional.
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 newspaper of the City, and the
City Secretary is hereby directed to so publish the same.
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SECTION 12. ADDITIONAL PERMITS
12.01 This Mass Gatherings Ordinance does not alleviate the responsibility of anyone
associated with the mass gathering from having to seek other permits as required by
State law or City Ordinance. It shall be the responsibility of the applicant to assure that
all additional permits, if required, are obtained prior to any mass gathering event.
SECTION 13. PRIOR ORDINANCES REPEALED
13.01 Ordinance number 922 is expressly superceded by the terms of this Ordinance. Upon
the adoption of this Ordinance, any section of an Ordinance in conflict with this
Ordinance is hereby repealed.
PASSED and APPROVED this 27th day of March, 2000.
APPROVED:
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Charles Scoma --'-Mayor
APPROVED AS TO CONTENT
Aøf.
Thomas R. Shockley - Chie
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Star-Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
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INVOICE
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number: 16996540
Sales Rep: 073
Description: ORDINANCE NO.2
Publication Dates: 4/5/00 - 4/6/00
CIT 13
169965401
4/6/00
Net due in 21 days
4/30/00
Bill To:
CITY OF NO RICHLAND HILLS/SECRE
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Attn:
ORDINANCE NO. 2463 An Ordinanc
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Sales Disc( r ~. HIllS.
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pr èIefIm:- A":J
")aSS II erlng without a
City, pe(mjt; P,roviding for
appllçat'qn, ,nvestigatlon
perm,t Issuance proce-
dures; providing for ap-
peal on the event a per-
mit is denied or revoked'
requiring a cash deposi!
for ,cl~an-up and repair'
prov,dons for a finè no!
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Dr. Or~ance, No.
Pessed and _.~oved by
tI1e CItY COIIhCII· of· the
Cit\! of Norttt ~
~$'2~.' on March
. Approved: I
/s/Charle. s Scoma, Mayor I
Attest:
is/Patricia Hutson
City Secretary I
APpr. Ol(e. d as. t.o. Fo.rm. and
Le~allty: '
THE Sl/c"/RexMcEntire,
,tYo Attorn,!\!
County ot (arrant- - --- - -
1358
$5.79
$428.46
37
37 LINE
($401.82)
Net Amount:
$26.64
Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, afte§ng duly S.worn, did depose and say that the
attached clipping of an advertisement was published in the above named paper oR~listed dates: _
~~"-'r--C-l~,",~
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, April ?1~.1 000. ~
Notary Public ¡;c _ n ~ ~T)lI/ /1-
!~~~ - - -~~.- -,' - "'r' --,
DAWN M. KUYKENDALL
~ COMMISSION EXPIRES J..,
,~ SEPTEMBER 13, 2003
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Thank You For Your Payment
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