HomeMy WebLinkAboutPO 7022: AMENDING CHAPTER 90 (SPECIAL EVENTS), ARTICLE I (IN GENERALo OF THE CODE OF ORDINANCES AS IT PERTAINS TO SPECIAL EVENTS HELD WITHIN THE CITY P.O.No. 7022
12/09/21 ht
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 90 (SPECIAL EVENTS),
ARTICLE I (IN GENERAL) OF THE CODE OF ORDINANCES OF THE
CITY OF PORT ARTHUR AS IT PERTAINS TO SPECIAL EVENTS HELD
WITHIN THE CITY,AND PROVIDING FOR PUBLICATION
WHEREAS, the City Council has deemed it in the public interest to amend Chapter 90,
Article I, of the Code of Ordinances, as it pertains special events held within the city limits, in
order to facilitate the promotion and encouragement of temporary outdoor activities that will
benefit Port Arthur by stimulating economic growth and providing a socially active community
for the citizens.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Chapter 90 (Special Events) of the Code of Ordinances of the City of
Port Arthur, Texas, is hereby amended as delineated in Exhibit"A", with a clean copy attached as
Exhibit"B".
Section 3. All Ordinances and parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of the conflict.
Section 4. That this being an Ordinance which requires publication, its caption shall
be published at least one (1) time within ten (10) days after final passage hereof in the official
newspaper of the City of Port Arthur, and this Ordinance shall take effect immediately after the
date of publication.
Section 5. That a copy of the caption of the Ordinance be spread upon the Minutes of
the City Council.
P.O. No. 7022
12/09/21 ht
READ, ADOPTED AND APPROVED on this day of , A.D., 2021,
at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote:
AYES:
Mayor:
Councilmembers:
NOES: .
Thurman `Bill" Bartie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
/i
Valecia R. -np
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
City Manager
Chandra Alpough,
Director of Parks &Recreation
PART II-CODE OF ORDINANCES
Chapter 90 SPECIAL EVENTS
Chapter 90 SPECIAL EVENTS1
ARTICLE 1.IN GENERAL
Sec.90–1. PURPOSE.
The purpose of this chapter is to facilitate the promotion of temporary outdoor activities including special
events such as concerts,fairs, festivals, parades, performances,and other exhibition regardless of any fee or age
requirement within the city,as defined in this chapter.The city's overall goal is to encourage activities that benefit
the city,stimulate economic growth,and provide a vibrant,active community for all citizens. The city gives priority
to established special events.
Sec.90–2. DEFINITIONS.
In this chapter:
(1) AMPLIFIED SOUND means any sound projected or transmitted by artificial means,including but not
limited to, loudspeakers,amplifiers, powered megaphones,or similar devices.
(2) APPLICANT means a person who has submitted an application for a permit under this chapter. This
term includes the person submitting the application,the secondary person listed on the application,and any
person or organization that an applicant applies for a permit on behalf of,as well as any third party providing
contracted functions to an activity permitted under this chapter,and the owner or property manager of the
property or venue where a permitted activity will occur if a lease or contract has been executed,or will be
executed,or if the property owner has provided written approval for the proposed permitted activity,and the
property owner or manager is providing services to the event.
(3) APPLICATION PROCESSING FEE means a non-refundable fee required at the time of application
submission.
(4) CITY means the city of Port Arthur,Texas.
(5) CITY-SPONSORED ACTIVITY means a temporary outdoor activity that the city council, by resolution,or
the city manager, by written notice, has:
(A) determined to be directly related to a recognized function of city government;
(B) declared the city a cosponsor of the event;and
(C) committed the city to significantly sharing in initiating,financing,supporting, and conducting
the event.
(6) CITY MANAGER means the person designated to implement,administer, and enforce this chapter,
and includes any designated representative of the City manager.
(7) ESTABLISHED SPECIAL EVENT means an event or activity that:
(A) occurs at least once a year;
(B) has an average expected attendance exceeding 1,000 for each day of the event or activity;
(C) contributes to positive advertising and economic growth of the city;and
(D) is open to the public,with or without an entry fee.
'Cross reference(s)—Parade or procession permit,§ 106-10.
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PART II-CODE OF ORDINANCES
Chapter 90-SPECIAL EVENTS
ARTICLE I. IN GENERAL
(8) EXPECTED TOTAL ATTENDANCE means the estimated attendance at a permitted activity as estimated
by the applicant on an application. Expected total attendance includes all event staff,vendors,spectators,
participants,and attendees.
(9) MAJOR CHANGE means any change to an application that requires subsequent public safety or
departmental review. Examples include, but are not limited to, route changes, location or venue changes,date
changes, changes in expected total attendance,adding alcohol distribution, and changes to complex scenes.
(10) MOVING EVENT means an event that is not confined to a fixed location.
(11) PERMIT means an official document authorizing the activation of an approved activity granted by
the City manager as required under this chapter.
(12) PERMIT HOLDER means a person issued a permit under this chapter. This term includes the
applicant and any person or organization on behalf of which an applicant applies for a permit on behalf of,as well
as the owner or manager of property where a permitted activity will occur.
(13) PERSON means an individual,firm, partnership, corporation,association, or other legal entity.
(14) PRELIMINARY LETTER means a document sent by the City manager to the applicant outlining all
requirements that must be met prior to permit issuance.
(15) PRIVATE STREET SEAT means a street seat that is permitted within the public rights-of-way for use
by an establishment with an abutting property interest as an extension of its business capacity.
(16) PUBLIC STREET SEAT means a street seat that is open to the public and is permitted to a non-
abutting person, property owner,or business operator with consent of abutting owners.
(17) SPECIAL EVENT means a temporary outdoor gathering,with an expected total attendance greater
than 100,which involves one or more of the following on private or public property where otherwise prohibited by
ordinance:
(A) closing or restricting of a public street lane, alley, or sidewalk;
(B) restricting access to public property;
(C) sale of merchandise,food,alcohol,or other beverages where otherwise not permitted;
(D) erection of a tent larger than 399 square feet in area or erection of multiple tents with a
cumulative area of over 399 square feet;
(E) installation of a temporary stage, bandshell,outdoor projection technology,trailer,van,
grandstand, bleachers,or portable toilets for public use;
(F) use of city hall plaza;
(G) a run,walk, ride,or special event parade;
(H) placement of temporary no parking,directional,oversized,or identification signs or banners
in connection with an event that are placed in or over a public right-of-way,or on private property where
otherwise prohibited by ordinance;or
(18) SPECIAL EVENT PARADE means the assembly of 100 or more persons whose gathering is for the
common design of traveling or marching in procession from one location to another location for the purpose of
advertising, promoting, celebrating,or commemorating a thing, person,date, or event that is not directly related
to the expression of feelings and beliefs on current political, religious,or social issues.
(19) STREET CLOSURE means any lane or street closure that impacts or disrupts the flow of traffic, unless
the closure is intermittent.
(20) TENT means any structure, enclosure,or shelter constructed of fabric or other pliable material
supported by any manner except by air or the contents protected by the material.
(21) TRAFFIC CONTROL PLAN means a plan designed for the purpose of safely and efficiently managing
traffic or arranging for PAT detours associated with an activity permitted under this chapter.
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PART II-CODE OF ORDINANCES
Chapter 90-SPECIAL EVENTS
ARTICLE I. IN GENERAL
(22) UNOBSTRUCTED STREET PARKING means a dedicated parking spot without time restrictions.
(23) EXCLUSIVE CONCESSIONAIRE means an agreement that grants the concessionaire exclusive rights to
sell food, beverage or novelty items within public streets,alleys and other outdoor public property within the
confines of the entertainment area during the stated time and under specific conditions.
SEC.90-3. GENERAL AUTHORITY AND DUTY OF CITY MANAGER.
(a) The City manager shall implement,administer, and enforce the provisions of this chapter.
(b) The City manager has authority to issue a permit that authorizes one or more of the activities
described in this chapter when requirements of this chapter have been met.
(c) The City manager, Police chief, and Fire chief may require public safety measures that exceed the
minimum standards set forth in this chapter based on specific event risk and threat factors identified by the
appropriate city departments.
(d) The City manager may impose additional permit requirements upon the applicant or permit holder
for any activity as required in this chapter if the total attendance is expected to exceed the applicant's expected
total attendance,if the activity is held in a high impact area,or there will be an impact to residents and businesses.
(e) The City manager may decline or propose alternate dates,times,street closures,venues, or routes,or
impose additional requirements upon a permit holder based on public safety or impact on local residents and
businesses
SEC.90-4. CHAPTER CUMULATIVE.
(a) The provisions of this chapter are cumulative of all city ordinances.All other permits and licenses
required by ordinance or other law for specific activities to be conducted in conjunction with or as part of the
activities permitted under this chapter must be applied for separately, in accordance with the applicable ordinance
or law.
(b) Application for a permit under this chapter authorizes appropriate city departments to
SEC.90-5. EXEMPTIONS.
The provisions of this chapter do not apply to:
(1) a special event conducted entirely at the Bob Bowers Civic Center;
(2) public property managed by an organization with a lease or operating agreement with the city that
details special event permit exemptions.
(3) a funeral procession;
(4) escort vehicles;
(5) moving a structure in accordance with the Port Arthur Building Code;or
issue permits for the activities authorized by this chapter with office of special events approval.
SEC.90-6. FEES.
(a) Special event permit. An applicant for a special event permit shall pay the following application processing
fees
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Special Event Application Processing Fees*
Base Application Fee Based On Expected Total
Attendance -
<200 $50
201-400 $80
401-800 $100
801-1000 $150
1,001-2,000 $200
2,001-4,000 $300
4,001-8,000 $400
8001-12,000 $500
12,001-20,000 $600
20,001+ $700
In addition,select the applicable street closure
fee:
No Street Closure-An event with no street
closures.
Static Street Closure Event(Simple)-An event
with a set footprint that is limited to one block on $50
residential/neighborhood streets and does not
involve the closure of any intersections.
Static Street Closure Event(Moderate)-An event
with a set footprint that includes the closure of $100
one to three street blocks or intersections.
Static Street Closure Event(Complex)-An event
with a set footprint that includes the closure of $200
four or more street blocks or intersections, or any
closure in a high impact area.
Moving Event(Simple)-A moving event that is
limited to trails and residential or neighborhood $75
streets.
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Moving Event(Moderate)-A moving event on
city streets other than residential/neighborhood
streets and outside of a high impact area. $150
Moving Event(Complex)-A moving event of $300
which any part moves through a high impact area.
(b) Additional application processing fees for all permit types.
(1) A late application processing fee of$40 per day is required, in addition to the applicable application
processing fees required by Subsections(a)of this section, if the application is filed with the City manager less
than the minimum number calendar days required by Sections 90-12, before the scheduled activity is to
begin. This fee is limited to five days.
(2) An application processing fee of$50 per minor change to an application requested by the applicant.
(3) An application processing fee of$50 if alcohol will be provided at a permitted activity.
(4) An application processing fee of$150 if alcohol will be sold at a permitted activity.
(c) Additional city department related fees when applicable.
(1) A fee of$1,500 for the required activation of the office of emergency management for a planned
permitted activity where the expected attendance is 5,000 or more.
(2) A rental fee for city equipment and property used by the applicant for a planned permitted activity.
(3) A fee for the number of Port Arthur police officers, Port Arthur fire-rescue officers,or vehicles
required by Sections 90-13 and 90-14 to provide security,crowd control, and traffic control at a permitted activity.
(4)A fee to reimburse the city for direct costs incurred by the city in providing services at a permitted
activity;direct costs include, but are not limited to,the reasonable costs of setup, cleanup,public safety,oversight
of city facilities and equipment, electrical services, construction, placement and retrieval of city equipment,and
other related services beyond what the city would provide to the general public in the ordinary course of its daily
operations.
(5) Fee for all other required permits and licenses must be paid.
(d) Non-profit applicants.The base application fee for all application types will be reduced by 50 percent for a
certified 501(c)(3) non-profit applicant.
(e) Security deposit. Not less than 10 days before the date of the planned permitted activity,the applicant shall
deposit with the appropriate city department an amount equal to a security deposit for any city equipment or
property rented under Subsection(c)(3),to be refunded to the applicant if the equipment or property is returned
undamaged to the city.
(f) Police and fire-rescue fees. The applicant shall pay any remaining fees owed for all public safety expenses
incurred by a special event within 15 business days after receipt of an invoice from the city.
(g) Waiver. All or part of the application processing fees required by this section to be paid to the city for a city-
sponsored activity may be waived by approval of the city manager or by city council resolution.
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(h) Fee credit. If an application or permit is cancelled due to an Act of God and the permitted activity is
rescheduled for an available date within 60 days from the original event date,any previously paid application
processing fees will be credited toward the rescheduled date.
SEC.90-7. INDEMNIFICATION.
An applicant for a permit issued under this chapter shall execute an agreement to indemnify the city and
its officers and employees against all claims of injury or damage to persons or property,whether public or private,
arising out of the permitted activity.
SEC.90-8. APPEAL FROM DENIAL OR REVOCATION OF A PERMIT.
(a) If the City manager denies the issuance of a permit or revokes a permit,after three attempts to
contact by phone or email,the City manager shall send the applicant or permit holder by certified mail, return
receipt requested,written notice of the denial or revocation and of the right of appeal. Mailed notice shall be
deemed received and effective three days after the date of mailing whether the notice was actually received or not
or whether the notice was returned unclaimed or undeliverable.
SEC.90-9. AMPLIFIED OUTDOOR SOUND AND LIGHTING.
(a) Except as provided in this section,amplified outdoor sound and lighting is allowed in conjunction with
a permit issued under this chapter only between the hours of 8:00 a.m.and 10:00 p.m.
(b) The City Manager may grant a variance to Subsection (a)if he determines that allowing outdoor
amplified sound or lighting during additional hours will not result in an excessive negative impact on the quality of
life of surrounding residences and businesses.
SEC.90-10. EXCLUSIVE CONCESSIONAIRE
(a)The city may name an exclusive concessionaire who shall have the exclusive right to sell food, beverage or
novelty items within public streets,alleys and other outdoor public property within the confines of the
entertainment area.Such exclusive concession rights shall exist only for the duration of the festival and shall be
limited to public streets,alleys and other outdoor public property within the entertainment area as that area is
defined by resolution or ordinance of the city council for each festival.The exclusive concessionaire and the city
shall establish concession guidelines as may be required from time to time.
Sec.90-11. Reserved
SEC.90-12. APPLICATION;ISSUANCE.
(a) A person desiring to hold a special event shall submit an online application with the office of Parks and
Recreation.An application must be filed not less than the number of calendar days indicated in the
following table before the special event is to begin. The City manager may waive the filing requirement if
the application is submitted within five days of the submission due deadline and the application can be
processed in less than the number of calendar days indicated on the chart,taking into consideration the
number and types of additional licenses and permits that may be required to be issued in conjunction with
the special event permit and the extent of public safety,department, or agency review required based on
the scope of the event.
APPLICATION SUBMISSION DUE DEADLINES
No Street Closures 30 calendar days
Static Street 60 calendar days
Closures
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IMoving Events l 120 calendar days I
(b) An application must be completed in full before it can be invoiced. An application will not be processed,and
the date and venue will not be confirmed until the application processing fee has been paid.Submission of a
complete application does not guarantee a special event permit will be issued. All requirements must be met prior
to permit issuance.
(c) Upon receipt of the completed application,the City manager shall forward a copy of the application to all
applicable city departments and partner agencies for review. If the application must be reviewed for public safety,
public safety agencies will review the application first,followed by a review by city departments and partner
agencies. If any part of the scheduled activity is to be held on or adjacent to property that is exempt from this
chapter under Section 90-5,the City manager shall also include the entity that manages or controls the exempt
property in the review of the application. Each department and partner agency shall review the application and
return it,with any comments,to the City manager within 10 business days of receipt of the request requiring a
response. If no response is received,the City manager may proceed with permitting, however,if an application
requires a public safety review,the City manager must wait for the public safety review response before
proceeding. If any department denies the application, or a resolution cannot be reached,the permit will be denied.
(d) If the proposed scheduled activity will be held on private property and the applicant does not own the
property,the applicant shall obtain the written consent of the property owner to conduct the scheduled activity
on the property with the authorization including the date and time of the scheduled activity.The written consent
must be submitted at the time of application.The applicant shall present the written consent to the City manager
or any peace officer upon request.
(e) The City manager may cancel a special event permit application if:
(1) a special event permit has been granted or is in the review process for another special event at the
same or a nearby place and the same time;
(2) an established special event is customarily held at the same or a nearby place and the same time as
the proposed special event;
(3) the proposed special event will occupy any part of a freeway, expressway,or tollway;
(4) the proposed special event will unreasonably disrupt the orderly flow of traffic,and no reasonable
means of rerouting traffic or otherwise meeting traffic needs is available;
(5) the proposed special event cannot comply with high impact area parameters;
(6) the applicant makes a false statement of material fact on an application for a special event permit or
fails to properly complete an application for a special event permit,
(7) the applicant received within the preceding 14 months,two or more notices of violation or citations
related to a provision of a special event permit or this chapter;
(8) the applicant has conducted or sponsored one or more special events within the city on at least 60
days of the same calendar year during which the proposed special event is to be held;or
19) the applicant has a history of conducting or sponsoring special events in a disorderly, unsafe,
unsanitary,or fiscally irresponsible manner.
If) If the City manager determines that an application requires additional information in order to make a decision,
or if additional fees will be required to process the application,the application will be considered incomplete and
cancelled if the applicant does not supply the additional information or fees after the City manager has sent two
reminder emails and made one reminder phone call after a period of 10 calendar days without a response from
the applicant.
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(g) If the City manager determines that an applicant has failed to pay any outstanding fees assessed under
Section 90-6 of this chapter for the proposed scheduled activity or a past scheduled activity,the application will be
deemed incomplete and the application will be cancelled.An application that has been cancelled under this
subsection cannot be re-filed for 12 months.
(h) If the applicant makes major changes to the original submission of an application,after the five- month
courtesy review,this will result in the original permit application being deemed incomplete and cancelled. A
revised permit application will be required, along with new application processing fees if the applicant wishes to
pursue the application.
(i) An application that has been cancelled because it is incomplete cannot be appealed under Section 96-8 and all
application processing fees are forfeited.
(j) After reviewing and confirming all permit requirements have been met,the City manager shall issue the
special event permit unless denial or revocation is required by Section 90-20. Except as provided in this
subsection, a special event permit will be issued for a period not to exceed 10 consecutive days. A special event
permit for a city-sponsored event on city hall plaza will be issued for a period not to exceed 30 consecutive
days. Except as provided in this subsection,a special event permit may be extended for additional consecutive 10-
day periods not to exceed 60 days in a calendar year. Except as provided in this subsection,all applicable fees
must be paid for any permit extensions.
(k) In granting a permit,the city may provide city services and equipment for city-sponsored activities and other
events in accordance with the city's special event in-kind sponsorship guidelines and subject to approval of the city
manager.
SEC.90-13. SECURITY;CROWD CONTROL;AND TRAFFIC CONTROL.
(a) An applicant for a special event permit shall provide police officers for security, crowd control, and traffic
control at the special event in accordance with Subsection (b) and the following schedule:
Number of Participants and Spectators at Minimum Number of Police Officers Required*
Special Event
0 to 250 O or 2
251 to 1,500 2 to 4
251 to 1,500 4 to 6
251 to 1,500 6 to 15
15 plus 1 police officer for every 1,000 participants and spectators over
over 5,000
5,000 at the special event
*The minimum number of officers in the above table may vary depending on the scope of the event,the sale or
service of alcohol, on-stage talent,event geography, historical knowledge of the event,police intelligence,and any
other factor that is determined to impact public safety.
(b) The City manager, upon recommendation from the chief of the Port Arthur Police Department, may require a
number of police officers, in addition to those required in Subsection (a), if:
(1) any alcoholic beverage is sold,served,or otherwise made available at the special event;
(2) special needs for increased security, crowd control, or traffic control are created by:
(A) the topography or size of the special event location;
(B) weather conditions at the special event;or
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(C) the time of day during which the special event is conducted;
(3) the special event requires street closures or rerouting of vehicular or pedestrian traffic;or
(4) the history of the particular special event indicates that a greater number of police officers are
required to protect the public health,safety,and welfare.
(c) The police officers required to be provided at a special event by this section must be sworn members of the
Port Arthur police department,except that the chief of the Port Arthur police department may authorize a special
event applicant or permit holder to provide peace officers from other jurisdictions or entities if the chief
determines that an insufficient number of Port Arthur police officers will be available for a particular special event.
Off-duty jobs for Port Arthur police officers at a special event must comply with the Port Arthur Police Department
General Orders and Code of Conduct.
(d) A permit holder must provide the name,phone number,and email address of an individual who will be
available following submission of an application through the end of the event,as well as at the special event site
the day of the special event,to respond to any questions or concerns from police officers or code compliance
officers. This individual shall meet police officers or code enforcement officers at the special event site within one
hour of being contacted by telephone or email.
(e) If the police department requires a traffic control plan in conjunction with a special event,the plan must be
submitted in the standard format approved by the City manager.
(f) A traffic control plan required by Subsection(e) must receive approval from applicable city departments.
SEC.90-14. EMERGENCY MEDICAL SERVICES.
(a) An applicant for a special event permit shall provide, in accordance with Subsection (b) and the following
schedule,emergency medical personnel and emergency medical vehicles to perform first aid and emergency
medical services at the special event as required in the preliminary letter:
NUMBER OF EMERGENCY MEDICAL PERSONNEL/VEHICLES REQUIRED
(based on estimated total attendance and scope of the special event)
5,001-
Type of Emergency 1-100 101-3,000 3,001-5,000 Over 25,000
25,000
Medical Personnel or participants/ participants/ participants/ participants/
Vehicle Required spectators spectators spectators Participants/ spectators
spectators
Paramedics 0 2 6 8 14
EMS Supervisors 0 1 1 3 5
Emergency Medical 0 1 1 4 7
Vehicles
The fire chief may determine, based on the event scope,special needs, or risks,that emergency medical services
will be provided via the 911 emergency response system.
(b) The City manager, upon recommendation of the chief of the Port Arthur fire-rescue department, may require
a number of emergency medical personnel and emergency medical vehicles,in addition to those required in
Subsection(a), if:
(1) any alcoholic beverage is sold,served,or otherwise made available at the special event,
(2) special needs for increased emergency medical services are created by:
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(A) the topography or size of the special event location;
(B) weather conditions at the special event;or
(C) the time of day during which the special event is conducted;
(3) the special event requires street closures or rerouting of vehicular or pedestrian traffic that may
affect emergency access to the special event;
4) the special event involves specific activities that create a higher risk of illness or injury to persons
participating in or attending the event,including but not limited to rodeos,sporting or athletic events,events
involving motor vehicles,or marathons;or
(5) the history of the particular special event indicates that a greater number of emergency medical
personnel or emergency medical vehicles are required to protect the public health,safety,and welfare.
(c) The emergency medical personnel required to be provided at a special event by this section must be sworn
members of the Port Arthur fire-rescue department,except that the chief of the Port Arthur fire-rescue
department may authorize a special event applicant or permit holder to provide emergency medical personnel
from other jurisdictions or entities if the chief determines that an insufficient number of Port Arthur fire-rescue
officers will be available for a particular special event.Off-duty jobs for Port Arthur fire-rescue officers at a special
event must comply with the Port Arthur Fire-Rescue Rules and Regulations.
SEC.90-15. INSURANCE.
(a) An applicant for a permit to hold a special event in which the estimated number of participants and spectators
exceeds 50 for any day of the event shall procure and keep in full force and effect for the duration of the event
insurance written by an insurance company approved by the State of Texas and acceptable to the city and issued in
the standard form approved by the Texas Department of Insurance. All provisions of each policy must be
acceptable to the city. Each policy must name the city and its officers, employees, and appointed representatives
as additional insureds. The coverage provisions of each policy must provide coverage for any loss or damage that
may arise to any person or property by reason of the conduct of the special event by the applicant.
(b) Insurance is required in the following types and amounts:
(1) Commercial general liability insurance must be provided with combined single limits of liability for
bodily injury and property damage of not less than:
(B) $1,000,000 for each occurrence,for an estimated daily number of participants and
spectators of 50.
(2) If a special event includes vehicles,aircraft,or other equipment,devices, or activities that are
excluded from coverage in the commercial general liability insurance policy required in Paragraph (1)of this
subsection,then separate additional liability insurance coverage for the applicable exclusion must be provided by
the applicant or the aircraft provider with combined single limits of liability for bodily injury and property damage
of not less than:
(A) $1,000,000 for each occurrence,for an estimated daily number of participants and
spectators of 5,000 or more.
(3) If any alcoholic beverage is sold,served,or otherwise made available at the special event,then
separate additional liquor liability insurance must be provided by the alcoholic beverage license holder in an
amount of not less than$1,000,000 for each claim.
(4) If any fireworks,pyrotechnics, explosives,or other special effects are displayed at the special event,
then separate additional general liability insurance must be provided by the pyrotechnics company in an amount
of not less than $3,000,000 for each claim.
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(5) If security guards(other than Port Arthur police officers or city staff)are used at the special event,
then separate additional security guard liability insurance must be provided by the security guard company in an
amount of not less than$1,000,000 for each claim.
(6) If emergency response or first aid stations(other than stations staffed by only Port Arthur fire-rescue
officers or city staff)are provided at the special event,then separate additional medical liability insurance must be
provided by the applicant in an amount of not less than$1,000,000 for each claim,and if ambulance service(other
than service provided by Port Arthur fire-rescue officers and vehicles)is provided,then separate additional
automobile liability insurance must be provided by the emergency response or ambulance provider in an amount
of not less than$1,000,000 combined single limit for each claim.
(7) If amusement rides are provided at the special event, proof of separate additional general liability
insurance meeting the state liability and coverage requirements for each particular ride must be provided by the
applicant or the amusement ride provider,along with a current certificate of inspection for each ride.
(8) If animals are part of the special event,then separate additional general liability insurance covering
any bodily injury and property damage caused by animals must be provided by the applicant or the animal
provider in an amount of not less than $1,000,000 for each claim.
(9) If the special event is conducted at a city-owned facility,general liability insurance must be provided
by the applicant in an amount of not less than$1,000,000 for each claim.
(c) In addition to the insurance requirements of Subsection(b)of this section,the City manager may require
additional insurance for a special event if such additional insurance is recommended by the city's risk manager as
being necessary for the protection of the city or the public health,safety,and welfare.
(d) If a facility or other property owned or managed by the city is subject to both the insurance requirements of
this chapter and insurance requirements established by another city ordinance,an official city action,a city lease
or use agreement, or other applicable law,then the insurance requirements with the greater limits and coverages
must be met to conduct the special event at the facility or property.
(e) An original certificate of insurance completed by an authorized agent of the insurance company and
evidencing each insurance coverage required under this section must be delivered to the City manager at least 15
days before the special event begins.
(f) A special event permit will not be issued until the insurance requirements have been verified by the city's
third-party provider.
SEC.90-16. TEMPORARY STREET CLOSURES IN COMMERCIAL AND/OR DOWNTOWN AREAS
It shall be unlawful for any person to temporarily close a street in a commercial and/or downtown area
without first having obtained a permit therefor from the city manager or his designated representative.The
following procedure shall be observed with respect to applications for such permits:
(1) Request for temporary street closings in commercial and/or downtown areas must be submitted, in
writing,to the city manager's office at least 60 days prior to the festival unless the festival is scheduled
short of the 60-day required application period and all departments approve of such permit based on
requirements in this section.
(2) The following shall accompany the written request described in subsection(1) of this section:
a. A list, in a format approved by the city manager's office, of all property owners and the amount
of their ownership of property within the entertainment area.
b. Written approval,in a format approved by the city manager's office,of the owners of 51 percent
of the property described in subsection (2)a of this section.Approval shall be calculated on a one
vote per lot basis.
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(3) Absent a vote by the city council to the contrary, property owned by the city shall be counted as an
affirmative vote in determination of the percentage approval as outlined in subsection(2)b of this
section.
(4) City staff shall provide a traffic impact analysis,together with comments from all appropriate city
departments.
(5) The applicant shall pay for all necessary police patrols or extra assignments by the fire department.
public works department or any other city department.
(6) Street closures require approval from applicable partner agencies and city departments.
(7) The police department may require a traffic control plan at the expense of the applicant. If a traffic
control plan is required, it must follow the standard format approved by the City manager and be approved by the
city prior to permit issuance.
(8) All traffic apparatus required to fulfil a traffic control plan must be acquired at the applicant's expense.
(9) The City manager may require accommodations if a proposed street closure will restrict access to public
or private parking,residences,businesses,or places of worship.
SEC.90-17. PARKING.
(a) A complete parking plan must be submitted with each special event application. The City manager may waive
this requirement for special events with an expected total attendance of less than 250.
(b) The parking plan must demonstrate that adequate parking will be available to accommodate the expected
total attendance.
(c) The parking plan must be approved prior to the issuance of a special event permit.
(d) Meter hooding and no parking zones in connection with a special event must be limited to the shortest time
feasible. "No parking"signs must be posted a minimum of 24 hours in advance of the special event and follow a
standard format approved by the City manager.
(e) When the main use of the property is open for business and the designated parking is to be activated as part
of the event space,the applicant must demonstrate that provisions have been made to provide remote parking in
an amount that is adequate to replace the parking spaces being utilized as part of the event space.
(f) When activating an event in a multi-tenant parking lot,and when the tenants are open for business, not more
than 25 percent of the total area of the shared available parking may be activated for the permitted activity.
(g) When restricting public or private parking, including handicapped accessible parking,the applicant must
provide adequate alternate parking
SEC.90-18. NOTICE.
(a) An applicant for a permit under this chapter shall deliver notice at the applicant's expense.The City
manager will determine the most appropriate method of notification in accordance with the City policies and
procedures.
SEC.90-19. PORTABLE RESTROOM AND TRASH RECEPTACLE REQUIREMENTS.
(a) An applicant for a special event permit shall provide portable restrooms and trash receptacles at the special
event in accordance with city staff recommendation.
(b) The City manager may require additional restroom units if:
(1) the estimated number of participants and spectators exceeds 100,000 during any day of the special
event;
(2) the estimated duration of the special event exceeds 10 hours on any day of the event;
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(3) any alcoholic beverage is sold,served, or otherwise made available at the special event;or
(4) the history of the particular special event indicates that a greater number of portable restroom units
are required for the public health,safety,and welfare.
(c) At least five percent of the portable restrooms required by this section must comply with the Americans With
Disabilities Act of 1990,42 U.S.C.Section 12101, et seq.
(d) The City manager may reduce restroom requirements with written confirmation that restrooms will be
serviced during the permitted event.
SEC.90-20. DENIAL OR REVOCATION.
(a) The City manager shall deny a special event permit if:
(1) the applicant fails to meet any of the requirements outlined and defined in the preliminary letter;
(2) the applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit
required by another city ordinance or other applicable law for the conduct of all activities included as part of the
special event;
(3) the applicant has had a special event permit revoked within the preceding 14 months;
(4) the applicant has received,within the preceding 14 months,two or more notices of violation or
citations related to a provision of a special event permit or this chapter;
(5) the chief of the police department,the chief of the fire-rescue department,or the City manager
determines that the special event would pose a serious threat to the public health,safety,or welfare;
(6) the applicant or any other person responsible for the conduct or sponsorship of the special event is
overdue in payment to the city of taxes,fees,fines, or penalties assessed against or imposed upon the applicant or
other person;
(7) the applicant has a history of conducting or sponsoring special events in a disorderly, unsafe,
unsanitary,or fiscally irresponsible manner;
(8) the City manager is notified of any code violation on the property where the special event will be
held;or
(9) an event will interfere with the rights of nearby residents to the quiet,peaceable, and undisturbed
enjoyment of their property.
(b) The City manager shall revoke a special event permit if:
(1) the applicant fails to comply with or the special event is in violation of any provision of the special
event permit,a city ordinance, or any other applicable law;
(2) the permit holder made a false statement or omission of material fact on an application for a special
event permit;
(3) the chief of the police department,the chief of the fire-rescue department, or the City manager
determines that the special event poses a serious threat to the public health,safety, or welfare;
(4) the permit holder fails to maintain public order in and around the special event location;
(5) the permit holder failed to pay any outstanding fees assessed under Section 90-6 of this chapter for
the proposed special event or for a past special event;
(6) the City manager is notified that the permit holder or any other person responsible for the conduct or
sponsorship of the special event is overdue in payment to the city of taxes,fees,fines,or penalties assessed
against or imposed upon the permit holder or other person;or
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(7) the City manager is notified of any code violations on the property where the special event will be
held.
_Sec. 90 1.Temporary street closings in commercial and/or downtown areas.
It shall be unlawful for any person to temporarily close a street in a commercial and/or downtown ar a
following procedure shall be observed with respect to applications for such permits:
(1) Request for temporary street closings in commercial and/or downtown areas must be submitted, in
writing, to the city manager's office at least 30 days prior to the festival unless the festival is scheduled
short of the 30 day required application period and all departments approve of such permit based on
requirements in this section.
{2) The following shall accompany the written request described in subsection (1)of this section:
a. A list, in a format approved by the city manager's office,of all property owners and the amount
of their ownership of property within the entertainment area.
b. Written approval, in a format approved by the city manager's office, of the owners of 51 percent
of the property described in subsection(2)a of this section. Approval shall be calculated on a one
vote per lot basis.
{3) Absent a vote by the city council to the contrary, property owned by the city shall be counted as an
affirmative vote in determination of the percentage approval as outlined in subsection (2)b of this
section.
departments.
{5) The applicant shall pay for all necessary police patrols or extra assignments by the fire department,
public works department or any other city department.
(6) The applicant shall post either a cash deposit or a performance bond to ensure proper ci anup of the
ar a after the festival, in an amount as determined by the city manager.
will be refunded if the request for a permit is denied.
{8) The applicant must provide proof of adequate liability insurance to the city.
dissatisfied with the decision of the city manager may app al his decision to the city council.
Notwithstanding the foregoing,the city manager or chief of police may deny the request if either
determines that the festival will pose a threat to health and safety.
{10) The city manager shall have the authority to revoke or s- _ . . _ - . . _ _ - ._ -
for violation-of any provision or section. In addition,any person who shall violate any provision of this
section shall be deemed guilty of a misdemeanor, upon conviction.
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