ORD 2012-09iii � i _1 1•
i • ! • • ' ! • • i i •
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, the Town serves as a prime location for many types of community
activities and events; and
WHEREAS, on April 4, 2011, the Town Council adopted regulations to Chapter
10, "Public Safety" of the Code of Ordinances and established a permit process
whereby Town departments, including the Police Department and Fire Department,
evaluate proposed special event requests and assess those events to determine
necessary Town resources; and
WHEREAS, on April 4, 2011, the Town Council repealed Section 4.05 (E) of
Chapter 5 "General Land Use", Article IV "Sign Regulations", relating to signage for
special events and adopted new provisions regulating signs used for Special Events;
and
WHEREAS, Since April 4, 2011, the Special Events Committee has worked with
groups and citizens to allow special events to take place in the Town and through the
review and execution of these events it became necessary to effect revisions to the
Special Events Ordinance to provide safe and enjoyable events for the participants and
residents of Trophy Club; and
WHEREAS, the Town Council finds that the proposed revisions to Article XV of
Chapter 10 of the Code of Ordinances are reasonable and necessary and serve the
best interest of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THI
•. • '•' CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be
true and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Section 15.01 entitled "Definitions" of Article XV entitled "Special Events" of
Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town of Trophy
Club is hereby amended so that Subsection "B" entitled "Block Party", Subsection "N"
entitled "Special Event or Event" and Subsection "0" entitled "Special Events
Coordinator" shall be and read in their entirety as follows:
Section 15.01. Definitions
"B. Block Party: The use of a street, other than a major thoroughfare,
for a residential neighborhood function or event which may involve
the temporary barricading of one or more streets."
"IN. Special Event or Event: A planned temporary aggregation of
people or attractions for a common purpose, including, but not limited
to, street fairs, arts and crafts shows, rallies, public entertainments,
fun runs, walks, relays, marathons, parades, or other similar events
or attractions, that:
1. Are conducted primarily outdoors; and
2. Interfere with the normal flow or regulation of pedestrian or
vehicular traffic; or
3. Require special government services, including, but not limited to,
street closure, provision of barricades, refuse services, stages,
special parking arrangements, special electrical services or
special police services or protection."
ORD 2012-09 Page 2 of 10
"0. Special Events Coordinator: The person designated by the Town
Manager who shall serve as the point of contact for Applicants and
Permit Holders and who shall serve as chair of the Special Event
Review Committee."
2.02 Section 15.02 entitled "Permit Required / Exemptions" of Article XV entitled
"Special Events" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the
Town of Trophy Club is hereby amended so that Subsection "B" entitled "Events
Exempt from Permit" and Subsection "C" entitled "Council Approval Prerequisite" shall
be and read in their entirety as follows:
Section 15.02. Permit Required I Exemptions
"13. Events Exempt from Permit. The following Special Events shall be
exempt from the Permit requirement of this Article:
1. A Town or MUD1 sponsored event;
2. Events sponsored by the Armed Forces of the United State of
America, the military forces of the State, and the forces of the
police and fire departments acting within the scope of their duties;
th 6h�� �� ub
3. A Block Party, provided;`,46 ,Ct
the --,, lq0K,-P and
4. A Funeral procession; and
5. Where it is determined by the Town Manager that the organization
conducting the Event can demonstrate all of the following, the
organization shall be exempt from the Permit requirement of this
Article:
a. That the Event shall be conducted solely on private property;
b. That the event has adequate traffic control so as not to impede use
of the public streets;
c. That the Event has provided for adequate emergency vehicle
access; and,
d. That the Event has provided a minimum plan for crowd control
during the Event."
11C. Council Approval Prerequisite. The following events shall require
approval of the Planning and Zoning Commission and Town Council
as a condition precedent to the filing of an application for a Special
Event Permit:
1. Carnivals
2. Circuses
3. Community Garage Sales"
ORD 2012-09 Page 3 of 10
2.03 Section 15.03 entitled "Application Procedure" of Article XV entitled "Special
Events" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town of
Trophy Club is hereby amended so that Subsection "A" entitled "Application",
Subparagraphs 1, 4, 11, 12 and 14, and Subsection "C" entitled "Deadline for
Submission" shall be and read in their entirety as follows:
Section 15.03. Application Procedure
"A. Application. An Applicant seeking to conduct a Special Event within
the Town shall submit an application meeting the requirements of this
Article. Town staff shall determine the type and quantity of services
and amenities that shall be provided by the Applicant for the safety
and welfare of the Event participants and general public. The
Applicant shall pay all applicable fees and costs as required under
this Article and/or the Schedule of Fees. Special Event applications
shall be submitted to the Town's Special Event Coordinator, and at
minimum, applications shall provide the following information:
Name, address, and contact information for the Applicant. If the
Special Event is to be conducted for, on behalf of, or by any
person or organization other than the Applicant, then the name,
address and contact information for that person or organization
and written authorization from that person or organization shall be
provided;
4. Type, location, and size of proposed signage;
11. Number and location of loudspeakers and/or other sound
amplification devices that will be used for the Event and planned
hours of usage. Use of the foregoing equipment shall comply with
applicable Town regulations, including but not limited to noise
ordinance regulations, Chapter 8, Article 1, Section 1.01,
Nuisances Defined.
12. Plan for collection and disposal of solid waste
14.All other information as required on the Town's Special Event
Application."
"C. Deadline for Submission. Applications for a Special Event Permit
shall be filed not less than ninety (90) days before the
commencement date of the proposed Special Event. Applications
received less than ninety (90) days prior to the proposed
commencement date of the Special Events may be considered where
the Special Events Coordinator determines that the Town has
sufficient advance notification to obtain and to provide the resources
ORD 2012-09 Page 4 of 10
and services necessary to support the Event. Decisions of the
Special Events Coordinator under this Section may be appealed to
the Town Manager in accordance with Section 15.11 of this Article."
2.04 Section 15.04 entitled "Special Events Coordinator" of Article XV entitled "Special
Events" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town of
Trophy Club is hereby amended so that Subparagraph 1 of Section 15.04 shall be and
read as follows in its entirety:
Section 15.04. Special Events Coordinator
The Special Events Coordinator shall be the authority responsible for
administration and enforcement of this Article. The Special Events
Coordinator shall:
1. Review the Special Event application submitted, and impose
requirements as necessary for public health, safety, and welfare based
upon the scope and nature of the proposed Event as outlined by the
responses provided by the applicant on the application. Requirements
of the Special Events Coordinator shall be conditions precedent to the
issuance of a Permit;"
2.05 Section 15.05 entitled "Permit Fees and Costs" of Article XV entitled "Special
Events" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town of
Trophy Club is -hereby amended so that Subsection "B" entitled "Reimbursable Costs"
shall be and read as follows in its entirety:
Section 15.05. Permit Fees and Costs
"B. Reimbursable Costs. In addition to the Permit fee required in
Section A, all Reimbursable Costs, including without limitation the
following, shall be paid as specifically set forth in this Section:
1. Barricades and cones.
2. Special Event parking.
3. Food services inspection.
4. Repair, maintenance and removal of facilities in the event of a
failure of applicant/promoter.
5. Repair of streets, alleys, sidewalks, parks and other public property.
6. Police protection.
7. Fire protection.
8. Emergency medical service.
9. Garbage disposal and cleanup.
10. Traffic control.
11. Other direct and indirect costs associated with the Special Event."
ORD 2012-09 Page 5 of 10
2.06 Section 15.06 entitled "Indemnification, Insurance and Bonding" of Article XV
entitled "Special Events" of Chapter 10 entitled "Public Safety" of the Code of
Ordinances of the Town of Trophy Club is hereby amended so that Subsection "B"
entitled "Insurance and Bonding Required" shall be and read as follows in its entirety:
Section 16.06. Indemnification, Insurance, and Bonding.
"B. Insurance and Bonding Required. When a Special Event is partially
or fully contained on the Town rights-of-way or on property owned,
leased, or controlled by the Town, the Applicant for a Special Event
Permit shall furnish the Town with a certificate of insurance stating that
the Town of Trophy Club has been added as an additional insured as
well as the endorsement page and a surety bond complying with
standards established by the Town. The amount of the surety bond
and the amount of insurance required may be increased or reduced
based upon the type of Special Event, equipment, machinery,
location, number of people or animals involved and other pertinent
factors or risks associated with the Special Event. An application shall
be denied if a valid certificate of insurance and/or a valid surety bond
meeting Town specifications and approved by the Town is not
provided."
2.07 Section 15.09 entitled "Miscellaneous" of Article XV entitled "Special Events" of
Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town of Trophy
Club is hereby amended so that Subsection "B" entitled "Amusement Rides",
Subsection "F" entitled "Water Service", Subsection "G" entitled "Solid Waste Collection
and Disposal" and Subsection "H" entitled "Loudspeakers" shall be and read as follows
in their entirety:
Section 16.09. Miscellaneous
"B. Amusement Rides. Rides and/or attractions associated with Special
Event shall conform to the statutory rules and regulations set forth in
chapter 2151 of the Texas Occupations Code, designated the
"Amusement Ride Safety Inspection and Insurance Act," as amended.
The Fire Marshall or other person designated by the Town Manager
shall be authorized to inspect amusement rides and/or attractions and
shall have the authority to deny the use of the equipment if, in his sole
discretion, he determines that the equipment presents a potential or
actual hazard to participants or to the health, safety and welfare of the
general public."
"F. Water Service. Any Special Event or related activity desiring use of
water from the Municipal Utility District 1 (MUD 1) water system must
coordinate with MUD 1 to obtain a temporary meter."
ORD 2012-09 Page 6 of 10
"G. Solid Waste Collection and Disposal. The Applicant shall make
appropriate arrangements for the collection of all waste resulting from
such Special Event, and commercial solid waste dumpsters must be
provided on site at all outdoor Special Events. The Applicant shall
make arrangements for the provision of such dumpsters with the
Town's franchised solid waste provider."
11H. Loudspeakers. When the use of loudspeakers or other sound
amplification device is approved in conjunction with the Special Event,
the decibel sound level from the loudspeaker shall not exceed 80
decibels at the property line of the Event site for stationary Events and
may only be used between the hours of 9:00 a.m. and 9:00 p.m.,
unless otherwise approved by the Town Council. The Town's Noise
Ordinance shall control all other noises generated by or attributable to
the Event."
2.08 Section 15.10 entitled "Denial or Revocation" of Article XV entitled "Special
Events" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town of
Trophy Club is hereby amended so that Subparagraphs 1 and 6 of Subsection "A"
entitled "Permit Denial", and Subsection "B" entitled "Notice of Denial" shall be and read
in their entirety as follows:
Section 15.10. Denial or Revocation
A. Permit Denial. The Special Events Coordinator may deny a Special
Event Permit if:
1. The Special Event will conflict in time and/or location with a town
function, another Special Event, parade or assembly for which a
Permit has already been granted or for which a Permit application
has already been filed and is under review;"
"6. The Special Event, as determined by the Special Event Committee
would unduly hinder or compromise the delivery or performance of
normal services, including previously scheduled construction or
maintenance services, or of emergency services, or constitutes a
public threat, hazard, or nuisance;"
"B. Notice of Denial. If the Special Events Coordinator denies a Permit,
the Special Events Coordinator shall notify the Applicant in writing of
the denial or appealable determination within five (5) days of such
determination, and such notice shall state the reason(s) for the denial
of the application."
2.09 Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of
the Code of Ordinances of the Town of Trophy Club is hereby amended so that
ORD 2012-09 Page 7 of 10
Subparagraph 1 (b) entitled "Informational and Directional Signs" of Subsection "E"
entitled Special Purpose of Section 4.05 entitled "Temporary Signs" is hereby amended
and shall be and read in its entirety as follows:
4.06 Temporary Signs.
E. Special Purpose Signs
Number, Size and Placement
"b. Informational and Directional Signs. Informational and/or
Directional Signs advertising the Special Event shall be placed
no closer than three (3) feet from the edge of a street, curb or
the edge of pavement in a public street right-of-way. In the
event that the Town determines that any such sign impedes
visibility at intersections, fails to comply with the Special
Events Ordinance or Special Event Permit, or that the
placement of signage is a nuisance (for instance, obstructing
a sprinkler head), Town may remove the sign without
obligation to return the sign to the owner. No sign shall
exceed four (4) square feet. The total number and location of
signs shall not exceed the number specified on the Special
Event Permit. Signs shall not be erected in the center
median of any divided roadway."
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
ORD 2012-09 Page 8 of 10
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as
to any and all violations of the provisions of any Ordinances that have accrued at the
time of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person -violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter
ORD 2012-09 Page 9 of 10
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 7th day of May, 2012.
ATTEST:
4co jq J/2 oln I b'b L"), h -r
�§hannon DePra, Town Secretary
Town of Trophy Club, Texas
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Connie White, Mayor
Town of Trophy Club, Texas
■
ORD 2012-09 Page 10 of 10