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HomeMy WebLinkAbout1988-1773 - Ordinance - 09/08/1988ORDINANCE NO. 1773 AN ORDINANCE AMENDING CHAPTER 4, SECTION 3 OF THE CODE OF ORDI- NANCES OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO PARADES AND MOTORCADES, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STA- TION, TEXAS: I. That Chapter 4, Section 3, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "SECTION 3: PARADES AND MOTORCADES A. DEFINITIONS (1) Parade. Parade means any march or procession consisting of people, animals or vehicles, or a combination thereof, including athletic events and excepting funeral proces- sions, upon any public street, sidewalk or alley which does not comply with normal or usual traffic regulations or controls. (2) Motorcade. Motorcade means any organized procession containing ten (10) or more motor vehicles, except funeral processions, upon any public street, sidewalk or alley. B. PERMITS It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street, sidewalk or alley in the City, or knowingly participate in any such parade or mo- torcade unless and until a permit to conduct such parade or motorcade has been obtained from the Building Official or as hereinafter provided from the City Manager. C. PARADE OR MOTORCADE FOR COMMERCIAL PURPOSE PROHIBITED No permit shall be issued authorizing the conducting of a parade or motorcade which the Building Official finds is proposed to be held for the sole purpose of advertising any product, goods, wares, or merchandise and is designed to be held purely for profit. n05384 D. INTERFERENCE WITH PARADE OR MOTORCADE No person shall knowingly join or participate in any parade or motorcade conducted under permit from the Building Offi- cial in violation of any of the terms of said permit, nor knowingly join or participate in any permitted parade or mo- torcade without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct. E. APPLICATION FOR PERMIT Any person who wants to conduct a parade or motorcade shall apply to the Building Official for a permit at least thirty (30) days in advance of the date of the proposed parade or motorcade. The Building Official may, in his discretion, consider any application for a permit to conduct a parade or motorcade which is filed less than thirty (30) days prior to the date such parade or motorcade is to be conducted. The application for such permit shall be made in writing on a form approved by the Building Official in order that adequate arrangements may be made for the proper policing of the pa- rade or motorcade. The application shall contain the follow- ing information: (1) The name of the applicant, the sponsoring organization, the parade or motorcade chairman, and the address(es) and phone number(s). (2) The purpose of the parade or motorcade, the date when it is proposed to be conducted, the proposed location of the assembly area, the proposed location of the disbanding area, the proposed route to be traveled, and the approxi- mate time when the parade or motorcade is proposed to as- semble, start and terminate. (3) A description of the number of individual participants, floats, marching units, vehicles, and bands. (4) A description of any sound amplification equipment to be used. (5) A description of the provisions made for cleanup. F. ISSUANCE OR DENIAL OF PERMIT (1) Standards for Issuance. The Building Official shall issue a parade or motorcade permit conditioned upon the applicant's written agreement - 2 - n05385 to comply with the terms of such permit unless the Chief of Police finds that: (a) The time, route, and size of the parade or motorcade will disrupt to an unreasonable extent the movement of other traffic. (b) The parade or motorcade is of a size or nature that it requires the diversion of so great a number of police officers of the City to properly police the line of movement and the areas contiguous thereto that allowing the parade or motorcade would deny reasonable police protection to the City. (c) Such parade or motorcade will not interfere with another parade or motorcade for which a permit has been issued. (2) Chief of Fire Department The Building Official shall issue a parade or motorcade permit conditioned upon the applicant's written agreement to comply with the terms of such permit unless the Chief of the Fire Department finds that: (a) The materials used in the construction of floats used in any parade fail to meet fire safety require - merits. (b) Provision cannot be made to allow free movement of equipment from one part of the City to another. (c) Applicant intends to use open flames or torches. (3) Traffic Engineer The Building Official shall issue a parade or motorcade permit conditioned upon the applicant's written agreement to comply with the terms of such permit unless the Traf- fic Engineer finds that any float has a height greater than fifteen (15) feet. (4) Standards for Denial. The Building Official shall deny any application for a parade or motorcade permit notifying the applicant of such denial where: - 3 - n05386 (a) The Chief of Police makes a finding contrary to the findings required to be made for the issuance of a permit. (b) The Chief of the Fire Department makes a finding contrary to the findings required to be made for the issuance of a permit. (c) The Traffic Engineer makes a finding contrary to the findings required to be made for the issuance of a permit. (d) The information contained in the application is found to be false or non-existent in any material detail. (e) The applicant refuses to agree to, to abide by, or to comply with all conditions of the permit. (f) The Building Official cannot make changes to the ap- plication that would allow the parade or motorcade to be executed in a reasonable fashion pursuant to Section 6A. (5) Other Requirements (a) The attendance of such police officers as the Chief of Police may deem necessary for the controlling of persons in the assembly and to prevent overcrowding and for such other control as may be necessary to resider such parade or motorcade safe for the public. When the presence of City police officers is deemed necessary, every applicant shall pay to City revenue for the services of such personnel, which revenue shall be determined by the Chief of Police and paid into the General Fund. (b) If the Chief of the Fire Department determines that the attendance of any fire apparatus or equipment is necessary at or in the vicinity of such parade for fire protection, he shall so notify the Building Official who shall so notify the applicant before approval of the application. Every applicant shall, when the presence of City fire equipment is neces- sary, pay to the City revenue for the use of such equipment and/or personnel, which revenue shall be determined by the Chief of the Fire Department and paid into the General Fund. - 4 - n05387 (c) If the Traffic Engineer determines that the atten- dance of personnel or equipment is necessary at or in the vicinity of such parade or motorcade, he shall so notify the Building Official who shall no- tify the applicant before approval of the applica- tion. Every applicant shall, when the presence of City traffic equipment and personnel is deemed nec- essary, pay to the City revenue for this use of such equipment and/or personnel, which revenue shall be determined by the Traffic Engineer and paid into the general fund. G. CONTENTS OF PERMIT In each permit, the Building Official shall specify: (1) The assembly area and time therefor. (2) The starting time. (3) The minimum and maximum speeds. (4) The route of the parade or motorcade. (5) What portions of streets to be transversed may be occu- pied by such parade or motorcade. (6) The maximum number of units and the maximum and minimum intervals of space to be maintained between the units of such parade or motorcade. (7) The maximum length of such parade or motorcade in miles or fractions thereof. (8) The disbanding area and disbanding time. (9) The number of persons required to monitor the parade or motorcade. (10) The number and type of vehicles, if any. (11) The material and the maximum size of any sign, banner, placard or carrying device therefor. (12) The cleanup requirements. (13) The permittee shall advise all participants in the parade or motorcade, either orally or by written notice, of the terms and conditions of the permit prior to the commence- ment of such parade or motorcade. - 5 - 005388 (14) The amplification of sound permitted to be emitted from sound trucks or bullhorns shall be fixed and not vari- able. (15) That the parade or motorcade continue to move at a fixed rate of speed and that any willful delay or willful stop- ping of said parade or motorcade, except when reasonably required for the safe and orderly conduct of the parade or motorcade, shall constitute a violation of the permit. (16) Such other requirements as are found by the Building Of- ficial to be reasonably necessary for the protection of persons or property. All conditions of the permit shall be complied with so far as reasonably practicable. H. DENIAL/APPELLATE REVIEW Upon denial by the Building Official of an application made pursuant to subsection F of this section, the applicant may appeal from the determination of the Building Official within five (5) days thereafter to the City Manager by filing a written notice of appeal for hearing by the City Manager. Upon such appeal, the City Manager may reverse, affirm, or modify in any regard the determination of the Building Offi- cial. Such hearing shall be had within ten (10) days of re- ceipt of the notice. The City Manager shall issue his deci- sion within five (5) days of the hearing. In the event an application is not filed within the required time as specified in Section F, Subsection 5, the applicant may request a waiver of such requirement by the City Manager; and the City Manager, if he finds unusual circumstances, and in the exercise of his sound discretion, may waive such re- quirement. City Manager may certify any question for Council review. Council shall have authority to review costs and waive any assessed cost. I. OFFICIALS TO BE NOTIFIED Immediately upon granting of a permit for a parade or motor- cade, the Building Official, or, in the event of a granting of a permit by the City Manager, the City Manager, shall send a copy thereof to the following: (1) The Mayor 6 n05389 (2) The City Manager (In the event of the City Manager granting the application, to the Building Official) (3) The Chief of the Fire Department (4) The Public Works Director (5) The Parks Director (6) The Director of Planning (7) The Traffic Engineer (8) The Chief of Police J. REVOCATION OF A PERMIT Any permit for a parade or motorcade issued pursuant to this ordinance may be summarily revoked by the Building Official any time when by reason of disaster, public calamity, riot or other emergency, the Building Official determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail. K. APPLICATION FEE Upon submission of an application, an application fee shall be paid. The application fee shall be set by the City Coun- cil by resolution from time -to -time as the Council deems nec- essary. L. CONTRACT Applicant, in tendering its application and receiving a li- cense, agrees and contracts with the City that it will comply with all of the terms of the permit for the purpose of main- taining and assuring the health, safety and welfare of the residents of the City of College Station. M. PENALTIES (a) It shall be unlawful for any person to engage and partic- ipate in, aid, form, or start any parade or motorcade un- less a parade or motorcade permit shall have been ob- tained as herein provided and it shall be unlawful for any person participating in any parade or motorcade for 005390 - 7 - which a permit hereunder has been issued, to fail to com- ply with all directions and conditions of such permit and all applicable laws and ordinances. (b) Any person, firm, or corporation violating any of the provisions of this ordinance shall be fined not less than Twenty Dollars ($20.00) nor more than Two Hundred Dollars ($200.00) for each offense, and a separate offense shall be deemed committed on each day during which any viola- tion occurs or continues. II. This section shall be and become effective from and after its passage in accordance with the City Council of the City of Col- lege Station. PASSED, ADOPTED, and APPROVED this 8thday of September , 1988. APPROVED: i BY: 1 LARR'YJRI ATTEST: ) - C1 y ec et ry - 8 - n05391