HomeMy WebLinkAboutORD 2024-59 - Amending Chapter 12.24 of the Code of Ordinances to Add Block Party Special Event RequirementORDINANCE NO. Zo 2,4 -61
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING CHAPTER 12.24 OF THE
CODE OF ORDINANCES TO DEFINE THE REQUIRMENTS FOR A
BLOCK PARTY SPECIAL EVENT; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on August 8, 2023 the City Council of the City of Georgetown reviewed the City's
current policy related to Special Event Guidelines for City Sponsored Events;
WHEREAS, the City Council desires to amend Chapter 12.24 of the Code of Ordinances to define the
requirements for a block party special event permit; and
WHEREAS, the City Council finds it to be in the best interest of the public to amend Chapter 12.24 of
the Code of Ordinances as set out herein..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
Section 1. The meeting at which this ordinance was approved was in all things conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found
and declared to be true and correct and are incorporated by reference herein and expressly made a part
hereof, as if copied verbatim.
Section 3. Chapter 12.24 of the Code of Ordinances is hereby amended as shown in Exhibit A.
Section 4. All ordinances and resolutions that are in conflict with the provisions of this ordinance be, and
the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
Section 5. If any provision of this ordinance or application thereof to any person or circumstance
shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this
ordinance which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are hereby declared to be severable.
Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest.
This Ordinance shall become effective and be in full force after publication in accordance with the
provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the d y of ��_��,�,� 2024.
gy
PASSED AND APPROVED on Second Reading on the day of 2024.
Ordinance No.'jDZy "^ 9
Amending Chapter 12.24 of the Code of Ordinances to Add Block Pary Special Event Requirements
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ATTEST:
THE CJ TY OF GEORGETOWN:
I
Robyn Der more, City Secretary Jos Schr eder, Mayor j
APPROVED AS TO FORM:
AA- a---
kye Masson, City Attorney
Ordinance No. 701,41 -S1
Amending Chapter 12.24 of the Code of Ordinances to Add Block Pary Special Event Requirements
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CHAPTER 12.24. EVENTS AND CELEBRATIONS
Sec. 12.24.010. Purpose.
The City recognizes the need to encourage and promote events for the greater good, cultural diversity and
promotion of the City. Some gatherings and organized activities, due to their size and special requirements, may
place unique demands on public resources or pose a danger to public health, safety and welfare. In order to plan
for these demands on public resources and ensure that public health and safety is protected, it is necessary that
the City receive advance notice of these events. The provisions of this Chapter are intended to address those
concerns and are not intended to place unnecessary burden on any right of association or freedom of expression.
Sec. 12.24.020. Definitions.
Applicant means a person who has filed a written application for a special event permit.
City means the City of Georgetown, Texas.
Block party means a public, outdoor, neighborhood gathering that requires closure of a street or occupation
of a sidewalk or other public right-of-way.
City park means any property in the City designated as a park, playground, recreational facility, swimming
pool or hike and bike path, and shall include buildings, parking lots and driveways in such areas.
FirstAmendment activity means all expressive and associative activity on public streets that is protected by
the United States and Texas Constitutions, including speech, press, assembly, and the right to petition, but does
not include commercial advertising.
First Amendment event means an event where the sole or principal object is First Amendment activity.
Parade means any assembly, march, demonstration or procession upon public streets within the City
including persons, animals, or vehicles that is reasonably likely to interfere with the normal flow or regulation of
traffic.
Permittee means the person to whom a special event permit is granted pursuant to this Chapter.
Person means any individual, entity, association or organization.
Seasonal special event means an event that occurs in a specific season and is scheduled throughout the
season on non -sequential days, using a single special event permit.
Special event means a temporary event, gathering, or organized activity, including but not limited to Parades,
bike races, block parties, marathons, walk-a-thons, fireworks displays, concerts, carnivals, other types of races and
festivals, First Amendment events, and seasonal special events which involves one or more of the following
activities:
I. Closing a public street;
2. Blocking or restricting City -owned property;
3. Blocking or restricting access to City parks unless otherwise authorized by the City Parks and Recreation
Department;
4. Sale of merchandise, food, or beverages on City -owned property;
5. Erection of a tent equal to or greater than 200 square feet in area on City -owned property;
6. Installation of a stage, band -shell, trailer, van, portable building, grandstand or bleachers on City -
owned property;
7. Placement of portable toilets on City -owned property;
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8. Placement of temporary no -parking signs in a public right-of-way or on City -owned property; or
9. Placement of pedestrian boundary markers on City -owned property.
Special event permit means written authorization from the Assistant City Manager or designee to hold a
special event.
Special event rules and regulations means the guidelines, rules, regulations, policies, and procedures
developed and adopted administratively by the Assistant City Manager or designee for the health, safety, and
welfare of citizens and special event attendees. Special event rules and regulations may include, but are not
limited to the following: processes, procedures, cost recovery for public safety, sanitation and transportation
personnel, safety regulations, resource requirements, and surety and insurance requirements.
Sec. 12.24.030. Permit required.
A. It shall be unlawful for any person to hold a special event, sponsor a special event, or cause a special
event to be held without first having obtained a special event permit from the City.
B. No special event permit shall be denied nor shall the applicant be given less favorable consideration as
to time, manner, or place based upon:
Race, color, creed, religion, gender, domestic relationship status, parental status, sexual orientation,
transgender, gender identity or gender expression, national origin, or political affiliation of the
applicant and/or the participants of the special event;
The message of the special event, or the identity or associational relationships of the applicant
and/or participants; or
Any assumption or predictions as to the amount of hostility which may be aroused in the public by
the content of speech or message conveyed by the special event, provided that reasonable
accommodation as to time, manner, and place may be required in order for the City to provide the
resources necessary for police, fire and emergency services to preserve and protect public health,
safety and welfare.
C. A special event permit is not required for:
1. An event conducted entirely on the property of a religious institution, educational institution,
college, or university campus. City streets or parking lots for multitenant buildings, regardless of
location, shall not be considered part of a religious institution, educational institution, college or
university campus;
2. Property owned or controlled by the City subject to a contract, lease, or management/operating
agreement with a private party where the agreement addresses events on the property or the
event is included within the permitted uses in the agreement;
3. Processions of vehicles operated in compliance with ordinary traffic laws or a procession of
pedestrians along or upon public sidewalks, public parks, or private property;
4. Reserved;
5. Events held for National Night Out;
6. First Amendment activity conducted entirely on sidewalks, in public parks, or on private property;
or
7. Events conducted under the supervision of or with the permission of a governmental entity on
property owned, leased, or operated by a governmental entity other than the City, if the event
does not require the closing or rerouting of a public street, the entity employs certified peace
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officers to provide security for the event, and the entity adopts and provides to the City, a written
plan addressing emergency services, crowd, traffic and parking control.
Sec. 12.24.040. Application for permit.
A special event permit shall not be issued until a completed special event permit application, together with
any additional information requested, and payments of all applicable fees are received by the City. The special
event permit application must comply with this Chapter, the special event rules and regulations, and other
applicable law.
Sec. 12.24.050. Permit application requirements.
A. Applicant shall file a special event permit application with the City upon forms provided by the City.
B. The special event permit application shall set forth as a minimum the following information:
1. The name, address, and telephone number of the applicant and the name, address, and telephone
number of applicant's designated representative if applicant is an entity, association, or organization.
2. The name, address, and telephone number of the person conducting the special event if different from
the applicant with a written statement from the person conducting the special event or block party
showing applicant's authority to make the special event or block party permit application.
3. The name, address, and telephone number of the person who will be the event representative and who
will be responsible for conducting the special event.
4. The proposed location(s) for the special event.
5. The purpose of the special event.
6. The dates) and times(s) the special event on -site preparation activities will begin.
7. The date(s) and time(s) the special event will start and terminate.
8. The date(s) and time(s) the property clean-up will be complete.
9. The proposed parking areas and number of parking spaces provided.
10. The approximate number of persons who are attending per day for the duration of special event.
11. The number and types of animals and vehicles that are part of the special event.
12. The location and size of tents, awnings, canopies, food service booths, or other temporary structures
shall be shown on a map.
13. Details for all signage shall be included.
14. The location and orientation of loud speakers and any other amplification devices shall be shown on a
map.
15. Details regarding food service including planned cooking.
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16. Details regarding whether alcohol will be sold or allowed.
17. Details for planned amusement rides.
18. Details regarding any traffic control plan.
19. Map(s) showing streets and pedestrian ways that are impacted as well as site setup indicating all
equipment that will be used by the special event.
20. For parades also include:
a. A route map.
b. Approximate number of participants and type of participants (ex. animals, floats, etc.).
c. Proof that all property owners adjacent to the parade route have been notified of the route, date
and duration of the parade.
21. Any other information which the Assistant City Manager or designee find necessary under the Standards
for issuance of special event or block party permit set forth in Section 12.24.090.
Sec. 12.24.055. Special event permit for a block party.
A. Additional requirements for a block party.
1. Block parties may only be held between 7AM and 10PM.
2. Block parties must be open to all residents of the street or neighborhood where the event is being
proposed.
3. Applicants must live on the street where the block party is proposed.
4. Street closure requests.
i. Street closures will be limited to:
a. A one-time closure of a residential street, where only single and multi -family homes will be
impacted;
b. Closure of only a full, single block that does not include cross streets, alleys, or intersections;
and
c. Closure of a full, single block where local vehicle access to homes will be maintained.
ii. A street closure request may be denied if the City's traffic engineer determines that closing the
street would be too disruptive or would leave residents unable to leave or return to their homes
(such as on a dead-end street).
5. Applicants are responsible for providing street barricades.
6. Fifty percent (50%) of all residents within the proposed street closure must be notified and sign an
acknowledgement for the closure to be approved.
7. If the block party will have a food truck, a food service permit from Williamson County Cities Health
District (WCCHD) and a Georgetown Fire Department permit are required.
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An application evidencing proof of insurance is not required unless the block party has animals, bounce
houses, amplified sound, has floats, a parade, or is otherwise required by special event rules or regulations.
Sec. 12.24.060. Fees and costs.
A. The City Council authorizes the Assistant City Manager or designee to establish special event permit fees.
Applicant shall pay all required fees with the special event permit application. Applicant shall also be
required to pay all fees and costs required by other City ordinances to conduct specific activities in
conjunction with or as part of a special event.
C. If the City determines that a special event may require the special attention and involvement of City
personnel or City facilities, the City shall notify the applicant. Prior to issuance of a special event permit:
1. Applicant and City shall agree upon the additional costs the City will incur as a result of the special
event and applicant shall pay those costs to the City; and
2. Applicant shall agree in writing to pay any additional costs to the City incurred as a result of the special
event within five days of the date upon which the City informs the applicant of the amount of such
additional costs.
D. No special event permit fee shall be charged for a First Amendment event. An applicant for a special event
permit shall pay fees for street closures to conduct specific activities in conjunction with or as part of a First
Amendment event, but the amount of the fees shall not be in excess of the City's cost to close the street(s)
for traffic control.
Sec.12.24.070. Timeframes and deadlines.
A. A special event permit application shall be filed not more than 365 days, before the commencement of the
proposed special event.
B. A special event permit application shall be filed no less than 45 days, nor more than 365 days, before the
commencement of the proposed special event. The Assistant City Manager or designee may consider a
special event application that is filed less than 45 days before the commencement of the proposed special
event where good and compelling cause is shown and applicable late fees are paid with the application.
C. The City may issue a special event permit for a First Amendment event when the special event permit
application is filed less than 30 days before the commencement of the First Amendment event provided
there is adequate time for the City to process the application and to assure that there are adequate traffic
measures in place for the orderly movement of the First Amendment event participants and traffic. The City
and the applicant shall communicate with the police department and fire department prior to the First
Amendment event.
D. When a timeframe or deadline established in this Section resulted in an application being due on a weekend,
holiday or a day the City is closed for business, the application shall be due on the business day immediately
following said weekend, holiday, or closed business day.
Sec. 12.24.080. Application process and review.
The special event permit application will be processed and reviewed pursuant to the special events rules and
regulations. The Assistant City Manager or designee may appoint an events committee or an individual designee
responsible for the application process.
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Sec. 12.24.090. Standards for issuance of special event permit.
A special event permit will be issued only if the Assistant City Manager, or designee, finds that the following
standards for issuance of special event permit are met:
1. The special event will not unnecessarily interrupt the safe and orderly movement of traffic near its
location or route.
2. The special event will not require the diversion of a number of police officers to properly police the
special event locale or line of movement and the adjacent areas as to prevent adequate police
protection for the City.
3. The concentration of people, animals, and vehicles at assembly points will not unduly interfere with
proper fire and police protection or ambulance service to areas near such assembly points or the City.
4. A parade is scheduled to move from its point of origin to its point of termination without unreasonable
delays in route.
5. Other licenses and permits, restrictions, regulations, fees for the City services, safeguards or other
conditions deemed necessary by individual City departments for the safe and orderly conduct of a
special event are requested, submitted, and approved (i.e. health permit applications, agreement with
police department for police coverage, agreement with public works department regarding cost
associated with street closure, etc.).
Sec. 12.24.100. Denial or revocation of a permit.
A. The Assistant City Manager or designee shall deny issuance of a special event permit if:
1. The special event will conflict in time or location with another special event or event.
2. The applicant fails to comply with, or the special event will violate, the special event rules and
regulations, any City ordinance or any other applicable law.
3. The applicant makes or allows the making of a false or misleading statement or omission of material
fact on a special event application.
4. The applicant has violated this Chapter or has had a special event permit revoked within the preceding
12 months.
5. The applicant fails to provide proof of a license or permit required by any City ordinance or by other
applicable law for the special event.
6. The applicant fails to provide proof that the insurance requirements for the special event have been
met.
7. The special event would severely hinder the delivery of normal or emergency public services or
constitutes a public threat.
B. If the Assistant City Manager or designee determines that the special event permit shall be denied, the
Assistant City Manager or designee shall consider alternatives to the time, place or manner of the special
event that would allow the special event to occur.
C. A special event permit shall be revoked upon the following conditions:
1. If the police chief, fire chief, risk manager, building official or other City official, or their designated
representatives, find that any of the provisions of this Chapter, another City ordinance, special event
rule or regulation, or other applicable law is being violated, they shall immediately notify the Assistant
City Manager or designee and based on that information, the Assistant City Manager or designee shall
determine whether the special event permit shall be revoked.
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2. When, in the judgment of any of the above -named City officials, a violation exists which requires
immediate abatement, the City official shall have authority to revoke a special event permit in the
absence or unavailability of the Assistant City Manager or designee.
3. The applicant made or allowed to be made a false or misleading statement or omission of material fact
on a special event application that was not discovered until after the special event permit was issued.
Sec. 12.24.110. Appeal.
If the Assistant City Manager or designee denies the issuance of a special event permit, or if the City revokes
an issued special event permit, the applicant shall promptly be notified in writing. Such written notice shall include
the reasons for the decision to deny or revoke the special event permit. The applicant or permittee may appeal the
denial or revocation to the City Manager who shall promptly make a ruling on the appeal.
Sec. 12.24.120. Special event rules and regulations.
The City Council authorizes the Assistant City Manager or designee to develop and adopt special event rules
and regulations consistent with, and to further the purpose of, this Chapter.
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