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Home My WebLink AboutORD 1974-039 ORDINANCE NO. 74-39 AN ORDINANCE HEREAFTER KNOWN AS THE GRAPEVINE MASS GATHERING ORDINANCE; �;:-. PROVIDING DEFINITIONS; PROHIBITING MASS ,,. , GATHERINGS WITHOUT A PERMIT ISSUED BY THE CITY OF GRAPEVINE, TEXAS; PROVIDING APPLICATION REQUIREMENTS; PROVIDING FOR AN INVESTIGATION OF ALL APPLICATIONS; PROVIDING FOR A PUBLIC HEARING ON ALL APPLICATIONS; PROVIDING GUIDELINES FOR GRANTING OR DENYING A PERMIT; PROVIDING FOR REVOCATION OF PERMITS; PROVIDING FOR APPEALS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DEGLARING AN � - EMERGENCY. �w.� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION l. This ordinance shall hereafter be known as the Grapevine Mass Gathering Ordinance, Y� SECTION 2. Definitions for purposes of this ordinance only (1) "Mass Gathering" means any meeting or gathering held within the corporate limits of the City of Grapevine, Texas, wherein anyone in attendance at the meeting or gathering is not or is not e�pected to be within a permanent structure and which attracts or can be expected to attract more than 500 persons who will remain at the location of the gathering for a period of more than six (6) �x - continuous hours. (2) "Permanent" as used in 'permanent structure' �:,:& means any man�made structure for which the City of Grapevine, Texas, has issued a building permit, a. plumbing permit, and an electrical permit; and which has existing and currently operating plumbing and electrical service which complies with all ordin�.nces of the City of Grapevine, Texas; and which has an existing and currently operating supply of water provided o�ly by the City of Grapevine, Texas, and which has exi sting and currently operating sanitary sewer service provided only by the City of Grapevine, Texas, (3) "Issuing Officer" means the City Manager of the City of Grapevine, Texas, or his designated representative. (4) "Promoter" means a�ny person, group of persons, firms, corporation, partnership, or association ;�;.:� that organizes, promotes, manages, finances, or holds a mass gathering, SECTION 3. Prohibition No person may act as a� promoter of a mass gathering in the City of Grapevine, Texas, unless he obtains a permit from the issuing officer under the provisions of this ordinance. If, the o�ner of the property on which the mass gathering will be held is not the promoter as defined in Section 2, subsection (4), the owner of the property shall also be required to obtain a permit under the provisions of this ordinance as specified and required of a 'promoter'. SECTION 4, APPLICATION FOR A PERMIT ��...� (a) At least 60 days before a mass gathering is to be held, the promoter of the mass gathering shall file with the issuing officers an application for a permit, (b) The application shall include the following: (1) The name and address of the promoter, (2) A financial statement reflecting all funds which are being supplied to finance the mass gathering and who supplied them; (3) The name and address of the owner of the property on which the mass gathering is to be held and a certified copy of the agreement made "� ' between the promoter and the owner of the property. % (4) The location and a description of the property on which the mass gathering is to be held. (5) The dates and the times that the mass gathering will be held. (6) The number of persons the promoter will allow to attend the mass �athering and the plan which the promoter intends to use to limit attendance to this number. (7) The name s and addre s se s of the performer s who have agreed to appear and their agents and a description of any agreements reached with these performers. (8) A description of all steps taken by the promoter to assure that minimum standards of sanitation and health will be maintained during the mass gatherin. (9) A description of all preparations being made � to provide traffic control and to assure that the mass gathering will be conducted in an orderly ,;�„ fashion and that the physical safety of the persons in attendance will be protected. (10) A description of the preparations made to provide adequate medical and nursing care; and (11) A description of the preparations made to supervise minor persons who may attend the mass gathering; and (12) A filing fee of $25. 00 must be submitted with the application for a permit. (13) The issu�ii�� officer, upon a full and complete investigation of the proposed mass gathering, shall have the authority to require the promoter to post a bond in an amount that would cover all reasonable e�enses entailed in cleaning up the premises after the gathering in the event the promoter fails to do .� b so. The issuing officer shall have the authority ` to require either a cash bond or a corporate surety bonds in his discretion. The bond shall be released '��° and returned upon the clean up and maintenance being accomplished by the promoter. If it is necessary for the City to accomplish the clean up, the bond will be used to cover the City's reasonable and necessaxy expenses. SECTION 5. Investigation (a) After an application is filed with the issuing officer, he shall send copies to the City He�.lth Officer or the party serving in that capacity as designated by the City Manager, and the Chief of Police. (b) The City Health Officer sha11 inquire into preparations for the � mass gathering and at least five (5) days before the hearing shall submit a report to the issuing officer stating whether or not he believes that the minimum „��, s tandards of health and sanitation provided by State and local laws, rules, regulations and orders will be maintained. (c) The Chief of Police shall investigate preparations for the mass gathering and at least five (5) days before the hearing shall submit a report to the issuing officer stating whether or not he believes that the minimum standards provided by State and local laws, rules, regulations, and orders for assuring public safety and order will be maintained. (d) The issuing officer may conduct any additional investigation which he considers necessary. (e) The City Health Officer and the Chief of Police shall be available to give testimony relating to their reports at the hearing. � SECTION 6. Hearing � (a) The issuing officer shall set a date and a time for a public hearing on the application which shall be held at least ten (10) days before the day on which the mass gathering is to begin. (b) Notice of the time and place of the public hearing shall be given to the promoter and to any persons who have an interest in the granting or denial of the permit, including notice to all owners of property which abuts the property where the mass gathering will be held. (c) At the hearing, any person may appear and testify for or against the granting of the permit. � , SECTION 7. Findings of Issuing Officer `"�'°"" (a) After the hearing is completed, the issuing officer shall enter his findings in the record and shall grant or deny the permit. (b) The issuing officer may deny the permit if he finds that: (.l) The application contains false or misleading information or required information is omitted. (2) The financial backing of the promoter is insufficient to assure that the mass gathering will be conducted in the manner stated in the application. (3) The location selected for the mass gathering is inadequate for the purpose for which it is to be used. (4) The promoter has not made adequate preparations to limit the number of persons attending the ma ss gathering ""� or to provide adequate supervision for minor persons attending the mass gathering. '',,,�,,, (5) The prometer does not have assurance that performers who are scheduled to appear will appear. (6) The preparations for the mass gathering do not assure that minimum standards of sanitation and health will be maintained or that the mass gathering will be conducted in an orderly fashion a�'d.�he physical safety of persons in attendance will be protected, or that adequate supervision of minor persons w ill not be provided. (7) Adequate arrangements for traffic control have not been provided; and (8) Adequate medical and nursing care will not be ava ilable. � SECTION 8. Revocation of Permit (a) After a permit is issued, if the issuing officer finds that preparations for the event will not be completed by the time the mass gathering is to begin or that the permit has been obtained by fraud or misrepresentation, he may revoke the permit. (b) The.issuing officer must give notice to the promoter twenty-four (24) hours in advance of the revocationa and hold a hearing on the revocation if requested by the promoter. SECTION 9. Any promoter or person affected by the action of the issuing officer in granting, denying, or revoking a permit under this ordinance� � may request a hearing before the City Council of the City of Grapevine, Texas. �„ SECTION 10. Penalty. Any person violating or failing tn comply with any provisions of this ordinance shall be fined upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00) and each day any violation of non-compliance continues shall constitute a separate offense. SECTION 11. Severability. It is hereby declared to be the intention of the :City Council of the City of Grapevine, Texas, that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, � paragraph or section hereof should be declared unconstitutional, such unconstitutionality or invalidity 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 City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase? clause, sentence, paragraph or section. SECTION l2. Emergency. The fact that the present ordinances and regulations of the City of Grapevine are inadequate to control mass gatherings within the corporate � limits of the City of Grapevine, creates an emergency for the immediate � preservation of the public business, property, health, safety, and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage as provided by the Charter of the City of Grapevine, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this the 14thday of NOVEMBER A.D. 1974. / R �. � ATTEST: �, ity ecretary APPROVED AS TO FO �� ___-_. ity ttorney � �