HomeMy WebLinkAboutOrdinance 0451
ORDINANCE NO. 451
MASS GATHERING AND OUTDOOR MUSIC
FESTIVALS ORDINANCE
BE IT ORDAINED BY THE CITY OF NORTH RICHLANDHILLS, TEXAS:
SECTION I--DEFINITIONS:
1.01 '~ass 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
8 continuous hours.
1.02 "Outdoor Music Festival" and "event" means any form of musical
entertairunent provided by live performances occurring on two or more consecutive
days or on two days in any three-day period, if (a) more than 500 persons are in
attendance at anyone performance; (b) any of the performers or any of the audience
are not within a permanent structure; and (c) the performance occurrs inside the city
limits or within the extraterritorial jurisdiction of the City of North Richland Hills,
Texas.
1.03 I';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 or an outdoor music festival.
1.04 "Issuing Officer" means the City Manager of the City of North
Richland Hills, Texas.
SECTION 2--PROHIBITION:
2.01 No person may act as a promoter of a mass gathering or outdoor
music festival 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 or an outdoor music
festival shall file a permit application with the City Secretary of the City of
North Richland Hills, Texas, at least sixty (60) 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
and employees of the promoter assisting in the promotion of the
event;
b. a financial statement of the promoter and a statement specifying
for the mass gathering or event is being supplied and in what
of all associates
mass gathering or
from whom capital
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 event;
g. a description of the promoter's agreements with 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 Chapter 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 promoter
and be based on his best information and belief.
m. a filing fee of $50.00 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 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 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 preparations for the mass gathering and at least five 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 county health officer and the Chief of Police or the agent
of each shall be available to give testimony relating to their reports at the
hearing before the City Council.
SECTION FIVE--HEARING
5.01 The Issuing officer shall set a date and time for a hearing
before the City Council of the City of North Rich~and Hills, Texas, on the application
for a permit. The hearing may be held not later than 30 days before the day set
for the mass gathering to begin or the first performance of the event, and not
earlier than 15 days after the day the application is filed.
5.02 Ten (10) days notice of the time and place
of the hearing shall be given to the promoter by Certified Mail, at the address
shown on the application, an~reasonable notice shall be given any persons who have
an interest in the granting or denial of the premit.
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 granting
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:
a. the application contains false or misleading information or
required information is omitted;
b. the financial backing or stability of the promoter is insufficient
to assure that the mass gathering or event will be conducted in the rnanner 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 t1me 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 with 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.
SECTION 7--PERMIT:
7.01 A permit, if issued, shall authorize the promoter to hold a
mass gathering or outdoor music festival at a specified place and at specified times.
SECTION 8--REVOCATION OF PERMIT
8.01 At any time prior to five days before the day of the mass gathering
or first performance of the event, the City Council may, after reasonable notice
to the promoter and a hearing, revoke the permit on a finding by a majority of the
City Council that the preparations for the mass gathering or event will not be
completed in time for the first performance and that the failure to carry out
the preparations will result in a serious threat to the health or safety of the
comunity or the persons attending the event.
SECTION 9--CASH DEPOSIT
9.01 As a condition precedent to the issuance of a permit here-
under, the City Council 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.
9.02 Such cash deposit shall be in an amount certain, to be set
at the hearing by the City Council of the City of North Richland Hills, and shall
be deposited subject to an "Agreement" in a form substantially the same as the one
attached to this Ordinance as Exhibit "A"
SECTION 10--PENALTIES
10.01 Any person who violates the prOV1S1ons of Section 2 of this
Ordinance shall be guilty of a misdemeanor and on conviction is punishable by fine
of not more than $200.00. Each day shall constitute a seperate offense.
SECTION ll--SAVING CLAUSE
11.01 If any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shalll::e 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 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
öf the City, and the City Secretary is hereby directed to so publish the same.
ATTEST:
PASSED and ADOPTED this 12th
~J~"'A
DONNA PAIRSH,ÇITY SECRETARY
1973.
APPROVED as to Form & Legality
-- /- J ...--
~~~
TIM TRUMAN, City Attorney
(EXHIBIT "A ")
AGREEMENT
as Promoter, as d~fined
in the IIMass Gathering and Outdoor Music Festival Ordinance", of the City of
North Rich1and Hills, Texas, in accordance with Section 9 thereof, deposits
the sum of $ Dollars cash with. the City of North Rich1and Hills,
Texas, to provide a fund for the compensation of such security personnel as may be
required by the Chief of Police of the City of North Rich1and Hills, Texas, or
his agent, to insure the physical safety of Persons and property of Persons in
attendance at and directly affected by the mass gathering or event scheduled for
(dates) .
The balance of such deposit if any shall be refunded after 30 days from
the date of the last day of such mass gathering or event, and Promoter agrees
hereby to pay to the City of North Rich1and Hills, Texas, any monies needed for
the purposes described above, for expenses in excess öf the amount here deposited,
such amount to be in the amount certified in writing by the Chief of Police
of the City of North Rich1and Hills, Texas, and shall be due 30 days after notifi-
cation thereof and shall bear interest from due date at the rate of 10% per annum.
Such Notice shall be deemed sufficient when deposited in the mail, properly posted
and addressed to the Promoter at the address given in the application for Permit.
Promoter agrees to pay the reasonable attorney fees of the City if suit is brought
for recovery of such additional expenses.
SIGNED this day of 19
PROMOTER
RECEIPT
Receipt is acknowledged by the City of North Richland Hills, Texas, of
the sum of $ from the above named Promoter.
City of North Richland Hills, Texas
By:
Date:
LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF
Tarrant
Before me, the undersigned authority on this day personally
Eleanor Lewis
appeared known to me to be a credible person. who
first being sworn, deposed and upon her oath said:
That she is the Bookkeeper of the Mid Cities Daily, 'eK~spaper
which has been regularly and continuously published and of general
Hurst
circulatiOl1 in the City/Town of
, for a period of
more than one year next preceding the first publication of the
attached
Legal Notices
and that he caused said notice to be
published in said newspaper on the following date/so 4/1/73
That the attached is a true and correct copy of said notice as pub-
Mid Cities Daily News
Hshed on said date/s in said
(í)/J /.
~C\~
Sworn to and subscribed before me, this the 2nd day of~,
19 ll.
ORDINANCE NO; 451
MAUGATHEROO
AND OUTf)()OR MUSIC
FE
AN,
,C"
G
AND
F!S-
VENT'\
"P '1'tJ:f;'" ÀND' "IiSU-
ING OFFICER"; pROHmIT-
ING PERSONS M ACT-
ING AS A P RÓF A
MASS GA't'HERING OR OUT· .
DOOR " MUSIC FE.$I'IV AL
WITHoUT A PERMIT,
PROVIDING THAT AN AP·
PLICATION FOR A PERMIT
L"
Form