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Ord 850 Amending Chapter 10 Adding Special Event permit procedures and regulations TOWN OF WESTLAKE ORDINANCE NO. 850 AN ORDINANCE OF THE TOWN OF WESTLAKE,TEXAS,AMENDING CHAPTER 10 BY REORDERING AND ADDING AN ARTICLE REGARDING A SPECIAL EVENT, ENACTING PERMIT PROCEDURES, FEES AND REGULATIONS REGARDING SPECIAL EVENTS WITHIN THE TOWN; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas, (the "Town") is a General Law Municipality located in Tarrant and Denton Counties, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town Council of Westlake, Texas, finds that special events without proper regulations, may affect the health, safety, and general welfare of the public and may cause imminent destruction of property or injury to persons; and WHEREAS, the Town Council of Westlake, Texas, deems it necessary to enact an ordinance to govern special events within the corporate limits of the Town; and WHEREAS, upon the recommendation of the Westlake Fire-EMS Department,the Town Council of the Town of Westlake, Texas,is of the opinion that it is in the best interests of the Town and its citizens that the amendments to Chapter 10 of the Code of Ordinances should be approved and adopted. NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Town hereby adopts the following procedures and regulations governing special events, by amending Chapter 10 reordering and adding an Article regarding Special Events of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. CHAPTER 10 ENTERTAINMENT AND EVENTS ARTICLE I. IN GENERAL Secs. 10-1 - 10-2 Reserved Ordinance 850 Page 1 of 8 See. 10-3. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Event sponsor means any person, group of persons, firm, corporation, partnership, or association that organizes, promotes or solicits funds for the organization or promotion of a special event. Issuing gfficer means the Town Manager or designated representative. Progressive special event means an activity that is not confined to a single location, such as a foot race/walk, bicycle race/ride, marathon, or parade and includes any Special Event criteria. A progressive special event is a Special Event and subject to Special Event requirements. Special Event means a temporary outdoor event for a common purpose under the direction or control of a person or entity using either private or public property, that involves one or more of the following activities, except when the activity is for construction purposes only: (a) closing of a public street; (b) blocking or restriction of a fire apparatus access road; (c) blocking or restriction of access to public and/or private property, including public rights- of-way; (d) sale of merchandise, food, or beverages on public property or on private property where otherwise prohibited by ordinance; (e) sale of alcoholic beverages on public or private property where otherwise prohibited; (fl installation of a stage, band shell, trailer, van, portable building, grandstand, or bleachers on public property, or on private property where otherwise prohibited by ordinance; or (g) exceeding 500 persons. The following words, terms and phrases when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Drag race means the operation of. (1) Two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or (2) One or more vehicles over a common selected course,from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time. Secs. 10-4 through 10-31 Reserved Ordinance 850 Page 2 of 8 ARTICLE 11.SPECIAL EVENT DIVISION 1. - GENERALLY See. 10-32. Criteria of event; minimum standards. (a) Event sponsor shall provide information and proof that shows that the following minimum standards will be met for any special event permitted under this Article: (1) Public Safety. The event sponsor shall provide the following: a. A detailed plan for police, fire, and EMS staffing. b. A detailed plan for traffic control and parking. c. Certain streets within the town may be temporarily closed to limit or exclude vehicular or pedestrian traffic prior to, during or after a special event. An applicant requesting street closure(s) for a special event shall submit for approval a traffic control plan approved by the committee showing the layout of all barricades and signs at the time of application. The committee shall consider such request in evaluating the application and may recommend additional or fewer street closures. Some street closures may require consent of businesses and property owners in the adjacent area. Should street closures be approved, the public works department shall supervise the placement of all barricades and signs placed on public streets or on any public rights-of-way. (2) Medical aid station. When required by the fire chief, the event sponsor shall provide one or more medical aid stations, which shall be staffed and include suitable temporary shelter, supplies and equipment, at no cost to the Town. (3) Water supply. The event sponsor shall provide access to a supply of potable water on the site where the event is taking place. (4) Toilet facilities. The event sponsor shall provide toilet facilities and shall arrange for collection and cleaning at intervals of sufficient frequency to prevent the creation of a health hazard or public nuisance. (5) Solid waste.facilities. a. The event sponsor shall arrange for solid waste facilities with the waste collection company holding a franchise with the Town. b. All solid waste shall be collected at such frequent intervals as may be necessary to maintain sanitary conditions at the site as determined by the town manager or designee. (6) Food sanitation. All food and beverages sold or furnished shall be in accordance with the standards of the Denton/Tarrant County Health Department. (7) Signage. Signage used in accordance with the event shall comply with the sign regulations of the Town under the provisions for Special Event and promotional signage.Any signs not located on the actual premises where the event is being held shall only be approved upon the issuance of Ordinance 850 Page 3 of 8 a sign permit from the town manager or designee. Signs advertising the event or directing potential customers to the event site are expressly prohibited from placement in the Town rights-of-way. (8) Tents. Tent Permit documentation shall be included. Any special event which includes the use of a tent/membrane structure (in excess of 400 square feet) shall meet the requirements in the International Building Code and Fire Code. Fire lanes for emergency equipment must be provided and the site prepared in an approved manner as determined by the fire marshal. (9) Alcohol. It is the responsibility of the applicant to obtain Town approval for the possession and consumption of alcoholic beverages during any special event. For special events requiring a permit from the Texas Alcoholic Beverage Commission (TABC), a copy of the state permit shall be required prior to the issuance of a Special Event permit. In accordance with the alcohol provisions in this Code,the town manager or designee shall have the authority to issue a temporary alcohol sales permit in conjunction with a Special Event pen-nit provided all town and state regulations are met. Prior to town manager or designee consideration of the alcohol permit, the police chief or police staff designee shall,notwithstanding any requirements of TABC, determine the amount, if necessary, of police officers required while alcohol is being served. The cost of any required police officers as part of this permit shall be paid in full by the event sponsor prior to issuance of the temporary alcohol sales permit. (10) Fireworks/pyrotechnic displays. Any use of fireworks or pyrotechnic displays must show proof of application for permit from the State Fire Marshal's office, prior to an application for a special event pen-nit and must receive State and local Fireworks permit meeting the requirements of the International Fire Code as adopted by the Town. The final fireworks permits must be prior to the issuance of a special event permit. (11) Town sponsorship. Should the event be officially sponsored or co-sponsored by the Town, then certain standards of this chapter may be waived as determined by the issuing officer. (12) Lighting. Lighting shall meet the lighting regulations established by the Town, provided; however, that public safety will be of paramount concern and, if necessary for public safety, temporary lighting may be required which would not meet the Town's lighting regulations. (13) Noise control. Amplifying equipment shall be designed to control the noise level at the perimeter of the site on which the gathering shall take place and not to exceed Town of Westlake noise ordinance requirements. (14)Final site cleanup. The event sponsor shall be responsible for the final site cleanup. The event sponsor or landowner,upon notification by the Town of the existence of any unsanitary conditions shall immediately cause such conditions to be corrected. Section 10-33. Town Services - Reimbursable costs. (a) Reimbursable Costs. A special event is required to pay for all costs and expenses incurred by the Town for activities associated with staging of the event, including, without limitation, the following: Ordinance 850 Page 4 of 8 (1) Police protection. (2) Fire protection. (3) Emergency medical services. (4) Utilities services provided to the special event, including all of the costs of installation, maintenance, and connection. (5) Repair, maintenance, and removal of facilities in the event of a failure of promoter. (6) Repair of streets, alleys, sidewalks, parks, and other public property. (7) Garbage disposal and cleanup. (8) Traffic control. (9) Other direct costs associated with the special event. (b) For Town sponsored events, one town department shall not be required to pay a different town department for the above costs. Secs. 10-34— 10-40. - Reserved. DIVISION 2. PERMIT Sec. 10-41. Required. (a) No person may act as an event sponsor of a special event unless a permit has been issued by the Town Council under the provisions of this article. (b) A permit may be issued for a series of events. All requirements must be met for every event. Sec. 10-42. Application—Filing; contents. (a) An event sponsor desiring to hold a special event shall file a permit application with the issuing officer at least 30 days prior to the first day of the special event. (b) The application for a permit under this article must include: (1) The name and address of the event sponsor. (2) A description of the special event site. (3) The name and address of the owner of the place where the special event is to be held and a letter signed by the property owner giving permission to use the property for the special event. (4) The dates and times of the special event. (5) The maximum number of persons that the event sponsor will allow to attend the special event and a statement showing how the event sponsor plans to control the number of persons in attendance at the special event. (6) A description of the nature of the special event. (7) A special event application fee shall be paid in full upon application submittal in accordance to fee schedule. (8) The event sponsor shall provide information which addresses the following: a. Initial set-up times. b. Controlling the number of persons in attendance at the special event. c. Compliance with health requirements regarding food and beverage services, including the provision for potable water. d. Restroom facilities. e. Solid waste collection arrangements. Ordinance 850 Page 5 of 8 f. The sale of alcoholic beverages and the process for identifying minors attending the event and preventing the consumption of alcohol by minors. g. Clean-up following the event. (9) Public Safety a. The applicant for any special event or progressive special event may be required to provide a public safety plan for the event, and may be required to provide and pay for public safety personnel (police officers and firefighter-EMS personnel) as required. The contents of the public safety plan shall be determined by the anticipated number of attendees at the event. b. A detailed Site Plan indicating proposed vehicle ingress and egress, medical treatment areas, public areas including fences and gates, all temporary structures, management offices, cooking areas, locations of all fuels that will be used and/or stored, including without limitation gas, and whether pyrotechnics or other special effects are planned, c. Traffic control and parking plan, and d. Street closures. (10) Any other information requested by the issuing officer that they may deem necessary in order to consider the permit request. Sec. 10-43. Insurance, indemnification, surety bond. (a) If an event is to be held on town-owned property,the event sponsor shall furnish the issuing officer with a certificate of insurance complying with minimum standards sufficient to protect town-owned property. (b) The event sponsor for a Special Event pen-nit shall sign an agreement to indemnify and hold harmless the Town, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the special event. (c) The event sponsor may be required to post a surety bond in the assurance that the town property is cleaned and returned to the condition prior to the event. The issuing officer shall detennine if the need for a bond exists and shall make the appropriate recommendation to the Town Council upon Town Council consideration of the permit. Sec. 10-44. Same—Hearing. If the application does not meet the requirements, and/or it is determined that the event may have significant community impacts,the issuing officer may deny the permit. The applicant may correct the deficiencies within one week without incurring another permit charge or, at the applicant's choice; the applicant may appeal the decision of the issuing officer. If the applicant appeals the decision, the matter will be heard by the town manager. If the appeal is denied by the town manager, the applicant may appeal the matter to be heard by the Town Council. If there is an appeal to the Town Council, the time for a hearing before the Town Council on the application for a permit under this article shall occur at the next available council meeting, provided that the next council meeting is at least ten (10) working days after the appeal is filed, in order to provide for preparation of the item and to meet the requirements of the Texas Open Meetings Act. Ordinance 850 Page 6 of 8 Sec. 10-45. Town Council approval required for appeal. After the hearing on the appeal for an application for a permit under this article is completed, the Town Council shall grant or deny the permit. Sec. 10-46. Cash deposit. As a condition precedent to the issuance of a permit under this article, the issuing officer may require the event sponsor to make an additional cash deposit with the Town to provide an adequate fund for the compensation of reimbursable costs and such security personnel as may be required to ensure 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 special event. See. 10-47. Contents. A permit, if issued, shall authorize the event sponsor to hold a special event at a specified place and at specified times. Sec. 10-48. Revocation. At any time without notice, the issuing officer or authorized representative may revoke the Special Event Permit on a finding that the failure to carry out the preparations will result in a serious threat to the health or safety of the community or the persons attending the event. Secs. 10-49. Regulations—strictest apply If a site or event is regulated by this chapter and other regulations the strictest regulations shall apply Sees. 10-50 — 10-60. Reserved. ARTICLE III. CIRCUSES; CARNIVALS; RACES DIVISION 1. PERMIT Sec. 10-61. Permit requirement; hearing; fee. No circus, carnival, horse race event, automobile or drag race event, or fair which is open to attendance by the public generally, whether or not any fee or other admission charge is made, shall be conducted within the corporate limits of the town unless the circus, carnival, horse race event, automobile or drag race event,or fair shall have been permitted by the Town Council after a public hearing for which written notice shall have been published for at least two weeks prior to such hearing by being posted at the usual places where notices of elections of the town have been posted, and after the Town Council shall have established a proper licensing fee therefor. Ordinance 850 Page 7 of 8 Sees. 10-62— 10-69. Reserved. SECTION 3: That this ordinance shall be cumulative of all other town ordinances and all other provisions of other ordinances adopted by the Town which are inconsistent with the terms or provisions of this ordinance are hereby repealed. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Town of Westlake Code of Ordinances, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars($2,000.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: That any person violating any provision of this chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Town of Westlake Code of Ordinances. Each 24- hour period of violation, and each separate act or condition in violation of this chapter, shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity 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 Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 26TH DAY OF MARCH 2018. ATTEST: ,1 Laura Wheat, Mayor Kell Edwaid% Town Secretary APPROV S T RM: yOF.WEST omas E. Br er, own anager L Stani d n Lo y,, o Atto iey. Ordinance 850 Page 8 of 8 Star—Tel Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cots Depth 603646 0003589141 TOWN OF WESTLAKE ORDINANCE NO.850 $448.44 1 37.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me,a Notary Public in and for ROANOKE, TX 762627940 said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper TOWN OF WESTLAKE on the listed dates. ORDINNCAN RDINA CEEOFOTHE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 10 BY RE- ART ORDECLE REGARDINGDIAGS EN 2 Insertion(s) - CIAL EVENT, ENACTING PER- MIT PROCEDURES, FEES AND Published On: REGULATIONS REGARDING SPECIAL EVENTS WITHIN THE March 28,2018,March 29,2018 TOWN; PROVIDING A PENAL- TY; C CLAUSE;PROVIDING DING FORWPUB- LICATION; PROVIDING FOR FORE REPEAL OF CONFLICTINGT PROVISIONS;PROVIDING A CU- MULATIVE CLAUSE; AND ES- TABLISHING AN EFFECTIVE DATE. SECTION 4: That any person, firm or corporation vio- lating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Town of Westlake Code of Ordinances, and upon conviction shall be punishable by a fine not to ex- ceed the sum of Two Thousand Dollars (52,000.00) for each of- fense. Each day that a violation is permitted to exist shall con• (Principal Clerk) 1.stitutE a separate offense. PASSED AND APPROVED ON 20 1S 26TH DAY OF MARCH SUBSCRIBED AND SWORN TO 2018. BEFORE ME, THIS 29th day of March in the year of 2018 Notary Public-Deborah Baylor •wq DEBORAH JEAN BAYLOR j •• Notary public, State of Texas ".;tP Lomm. Ex ires uF P 10-29-2019 �rt1_ Notary ID 13042344-2 Star-Th1egzD/A Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.7610263151800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO I Amount Cols Depth 603846 0003589141 TOWN OF WESTLAKE ORDINANCE NO.850 $463.44 1 37.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD Before me,a Notary Public in and for BLDG 4 STE 4202 ROANOKE, TX 762627940 said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 2 Insertion(s) Published On: March 28,2018,March 29,2018 0"14P i/ DEBORAH JEAN BAYLOR F:Notary Public,State of Texas 4: Comm. Expires 10-29-2019 44;110 110��� Notary ID 13042344-2 C (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 3rd day of July in the year of 2018 Notary Public-Deborah Bayl r StarTelegramMEDIA Arlington Citizen-Journal I The Kerer Citizen i La Estrella Mansfield News-Mirror I Star-Telegram Hot: est j Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 I 800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth • 603646 0003589141 TOWN OF WESTLAKE ORDINANCE NO.850 $463.44 1 37.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me, a Notary Public in and for ROANOKE, TX 762627940 said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 2 Insertion(s) Published On: March 28.2018,March 29,2018 DEBORAH JEAN BAYLOR °;*; Notary Public, State of Texas +c Comm. Expires 10-29-2019 iithit os Notary ID 13042344-2 (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 3rd day of July in the year of 2018 Notary Public-Deborah Baylor