Ordinance No. 10- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1.

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1 Ordinance No. 10- An ordinance of the City of Arlington, Texas, amending the Construction Chapter of the Code of the City of Arlington, Texas, 1987, through the amendment of Article XIII, Outdoor Festivals; providing for a fine of up to $2,000 for each violation; providing this ordinance be cumulative; providing for severability, governmental immunity, injunctions, and publication; and becoming effective upon second publication BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1. That the Construction Chapter of the Code of the City of Arlington, Texas, 1987, is hereby amended through the amendment of Article XIII, Outdoor Festivals, so that hereafter the title and Article shall be and read as follows: ARTICLE XIII TEMPORARY OUTDOOR EVENTS Section Purpose The purpose of this Chapter is to promote the health, safety, and welfare of City of Arlington citizens and visitors by addressing issues that occur when private property is used for temporary outdoor events. Section Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator. The Building Official or other designee of the City Manager charged with the administration and enforcement of this Article. Amplified Sound. Music, speech or sound projected or transmitted by artificial means, including but not limited to amplifiers, loud speakers or any similar devices that emit sound distinctly discernible beyond the property line of the premises where the equipment is located.

2 Appeal Officer. The Director of Community Development and Planning or other designee of the City Manager charged with hearing appeals related to the enforcement of this Article. Applicant. A person or its authorized agent that applies for a temporary outdoor event permit. Non-Seasonal Temporary Outdoor Event. A temporary outdoor event that occurs independently of a particular season of the calendar year, including but not limited to: events related to religious institutions, schools, or other non-profit organizations. Person. An individual, proprietorship, partnership, corporation, association, or other legal entity. Seasonal temporary outdoor event. A temporary outdoor event occurring at or dependent on a particular season or holiday of the calendar year, including but not limited to: pumpkin stands, firewood sales, and Christmas tree lots. Temporary outdoor event. Any activity not located within a permanent structure involving amplified sound; erection of tents; or sales of merchandise, goods or food and beverage; or similar activity. Section General Authority and Duty of the Administrator The Administrator shall implement and enforce this Chapter. Section Permit Required A. No applicant may direct, control or participate in the production of a temporary outdoor event unless a valid permit for the event has been issued as provided in this Article. B. No person may direct, control or participate in the production of temporary outdoor event in violation of the terms and conditions of a valid permit issued in accordance with this Article. C. Nothing contained herein shall be construed as relieving an applicant from duties or permits required by other provisions of the Code of the City of Arlington, including, but not limited to, ordinances regulating the sale of food and beverage or closure of streets and the obtaining of permits and payment of fees. (2)

3 Section Application for Permit A. A person desiring to hold a temporary outdoor event shall file a written permit application with the Administrator. B. The application must be filed at least forty-five (45) days before the day the temporary outdoor event is to be held. Failure to meet the filing requirement may result in denial of the application. This requirement may be waived by the Administrator if all other conditions of this Article are met. C. The Administrator may require submittal of the following: 1. The name, telephone numbers and address of the applicant and the names, addresses, and telephone numbers of all associates and employees of the applicant assisting in the promotion of the temporary outdoor event. 2. A description and the address of the premises where the temporary outdoor event is to be held. 3. The name and address of the owner of the premises where the temporary outdoor event is to be held and a letter of permission from the owner whereby the applicant is authorized to use the location. 4. A letter from the owner(s) of the premises acknowledging responsibility for cleaning up the property and surrounding rights-of-way as may be applicable, including charges assessed by the City for expenses incurred by the City. A bond for clean up may be required by the City. The owner shall provide an address and telephone numbers where he or she may be contacted. 5. The dates and times that the temporary outdoor event is to be held, including any setup or takedown time for tents, booths, tables, stages, bandstands, platforms or other temporary structures. 6. The maximum number of persons that the applicant will allow to attend the temporary outdoor event and a statement showing how the applicant plans to control the number of persons in attendance at the temporary outdoor event. 7. A detailed statement describing the applicant's preparations for the temporary outdoor event designed to comply with the minimum standards of sanitation and health protection measures required by V.T.C.A., Health and Safety Code, Chapter 341, to include but not be limited to restrooms, gratis drinking water and shade structures. In addition, provisions for emergency medical and health care services may be required by the City. (3)

4 8. A detailed statement describing the applicant's preparations for the temporary outdoor event designed to comply with the standards for a Certificate of Occupancy and all other requirements of the applicable Chapters of the Code of the City of Arlington, including but not limited to the provisions of the "Fire Prevention" and "Zoning" Chapters of said Code. 9. A complete listing of similar temporary outdoor events the applicant has received permits for in the past three (3) years, including the date, time, and location of each. 10. Any other information to determine whether the event will jeopardize the health, safety, and welfare of City of Arlington citizens and visitors. D. The required filing fee set in accordance with Section 4.09 above must be submitted with the application. The fee shall be nonrefundable. Section Application Review Procedure A. The application for a permit under this Article shall be reviewed by the Administrator. Such application may also be reviewed by other departments of the City to check compliance with the laws and ordinances under their jurisdiction. B. Reviewing departments may make a written report to the Administrator. The report shall state whether the preparations described in the application, if carried out, would be sufficient to protect the community and the persons attending the temporary outdoor event from health dangers, public safety and traffic control hazards, and to avoid violations of V.T.C.A., Health and Safety Code, Chapter 341. Section Conditions for Permit A. The following conditions and restrictions shall apply to all temporary outdoor events: 1. Temporary outdoor sale or distribution of merchandise, goods or food and beverage shall only be conducted by the existing occupants of existing businesses on the property where the sales will be held. The merchandise, goods or food and beverage sold or distributed shall be limited to those items sold or distributed in the ordinary course of business at the location for which a Certificate of Occupancy has been issued. 2. The Administrator may impose restrictions on any activity that appears likely to create a risk of unreasonable harm to the public including the (4)

5 following: fires; fireworks; amplified sound; the use of alcoholic beverages; dancing; sports; the use of animals, equipment or vehicles; the number of persons to be present; or the location of any bandstand, platform, tent or stage. 3. If an event takes place on public property, including street right-of-way, the applicant shall carry a minimum of $500,000 per occurrence in commercial general liability insurance naming the City of Arlington, their officers, agents, and employees as additional insured for claims occurring in City rights-of-way. The applicant shall also pay a reasonable deposit of Security or provide a bond for the repair of any damage to City of Arlington property, the cost of cleanup, or both when so determined by the City. 4. The applicant shall furnish additional sanitary and refuse facilities that might be reasonably necessary based on the use or activity for which the permit is being sought. 5. Any tents, booths, tables, stages, bandstands, platforms or other temporary structures must be set back from the street curb by a minimum of twenty (20) feet, and must be within fifty (50) feet of the business front facade. 6. The number of temporary outdoor events that can be held by one applicant is limited to eighteen (18) per calendar year. The Administrator may allow an applicant to host additional temporary outdoor events if the event complies with this Article and does not jeopardize the health, safety, and welfare of the public. B. In addition to the requirements in Subsection (A) above, the following conditions and restrictions shall apply to all seasonal temporary outdoor events: 1. The duration of the permit shall be for a period not exceeding forty (40) days prior to the event and two days after the event. 2. Tents, booths, tables, stages, bandstands, platforms or other temporary structures shall not be erected in any easements, fire lanes or required parking spaces. C. In addition to the requirements in Subsection (A) above, the following conditions and restrictions shall apply to all non-seasonal temporary outdoor events: 1. The duration of the permit shall be limited to seventy-two (72) consecutive hours. 2. Tents, booths, tables, stages, bandstands, platforms or other temporary structures shall not be erected in any easements, fire lanes or required parking spaces. (5)

6 Section Denial of Permit; Grounds; Revocation A. Any application for a temporary outdoor event shall be granted to an applicant by the Administrator unless the Administrator finds that: 1. False or misleading information is contained in the application or required information is omitted; 2. The applicant does not have sufficient financial backing or stability to carry out the preparations specified in the application or to insure the faithful performance of his agreements; 3. The preparations specified in the application are insufficient to protect the community or the persons attending the event from health dangers or to avoid violations of V.T.C.A., Health and Safety Code, Chapter 341; 4. The times and place for the temporary outdoor event create a substantial danger of traffic or pedestrian congestion and disruption of other lawful activities; 5. The preparations specified in the application are insufficient to limit the number of persons in attendance at the temporary outdoor event to the maximum number stated in the application; 6. The applicant does not have adequate agreements with performers to insure with reasonable certainty that the persons advertised to perform would appear; 7. The preparations specified in the application fail to meet the requirements for a Certificate of Occupancy and all other requirements of the applicable Chapters of the Code of the City of Arlington, including but not limited to the provisions of the "Fire Prevention" and "Zoning" Chapters of said Code; 8. The temporary outdoor event would violate any applicable federal, state, or municipal law; 9. The preparations fail to meet the conditions which the Administrator has required pursuant to Section above; or 10. The proposed temporary outdoor event would conflict with another event regulated by this article. 11. The applicant has failed to pay past fees associated with an Outdoor Festival or temporary outdoor event. (6)

7 12. Within the previous twelve (12) months, the applicant violates a provision of this Article or any federal, state, or local laws and ordinances during a temporary outdoor event. B. After notice to the applicant, the Administrator or an official of the Police, Fire, or Environmental Health Departments may revoke the permit on a finding that the preparations for the temporary outdoor event will not be carried out as stated in the application or the conditions imposed by the permit will not be met. Section Permit Denial or Revocation Hearing A. Every denial or revocation of a permit under this Article shall be in writing and shall state the reason for such action. Said notice shall immediately be sent to the applicant/permittee by certified mail, or shall be personally delivered to such person. B. Any applicant/permittee may, within ten (10) business days after the date of the notice provided for in Subsection (A) above, submit to the Administrator a written request for a hearing to show cause as to why the permit should be granted or should not be revoked, as the case may be. Such request shall not stay the denial or revocation. A hearing shall be scheduled within ten (10) business days of such request and notice of the hearing shall be given to all affected parties. C. Following the hearing, the Administrator shall render a written decision granting or denying the application, or reinstating or revoking the permit, as the case may be. D. An appeal of the Administrator's decision in Subsection (C) above may be made in writing to the Appeal Officer within ten (10) business days of the date of said decision. A hearing shall be set within ten (10) business days of receipt of the request for appeal and notice of the hearing shall be given to all affected parties. E. Any decision of the Administrator under Subsection (C) above which is not appealed shall be final. Any person, firm or corporation aggrieved by a decision of the Appeal Officer may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Unless such petition is filed with said court within ten (10) business days of the decision of the Appeal Officer, the decision shall become final. (7)

8 Section Permit Posting Permits required by this Article shall be publicly posted in the area where the activity is conducted or produced, and shall be exhibited upon demand to any law enforcement officer or City ordinance enforcement official. The posted permit shall have emergency contact information for the person(s) responsible for the operation of the temporary outdoor event. Section Exception The provisions of this Article shall not apply if the location of the temporary outdoor event is either (a) one for which a Certificate of Occupancy has already been granted and/or a final inspection, as applicable, has already occurred if the event is held in an individual dwelling unit; or (b) a major sports complex, as defined in the "Zoning" Chapter of the Code of the City of Arlington or a (c) City Park as defined by the Parks Chapter of the Code of the City of Arlington. 2. Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Two Thousand Dollars and No Cents ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Arlington, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. 5. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Arlington in the discharge of his/her duties, shall not (8)

9 thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. 6. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Arlington. 7. The caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the City of Arlington, Texas, in compliance with the provisions of Article VII, Section 15, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. This ordinance shall become effective upon second publication. 8. PRESENTED AND GIVEN FIRST READING on the day of, 2010, at a regular meeting of the City Council of the City of Arlington, Texas; and GIVEN SECOND READING, passed and approved on the day of, 2010, by a vote of ayes and nays at a regular meeting of the City Council of the City of Arlington, Texas. ATTEST: ROBERT N. CLUCK, Mayor MARY W. SUPINO, City Secretary APPROVED AS TO FORM: JAY DOEGEY, City Attorney BY (9)

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