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HomeMy WebLinkAboutORD 09-002 ORDINANCE NO. 09-002 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, ARTICLE IV, PARADES, SECTIONS 26-90 AND 26-93, AND SUBSECTIONS 26-94(b), (c)AND (d),AND 26-95(a)OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 26, Article IV, Section 26-90, be and the same is hereby amended to read as follows: Sec. 26-90. Definitions. As used in this article, the following words and terms shall have the meaning ascribed thereto: Applicant. A person who has filed a written application for a parade permit. Chief of Police, Fire Chief, Public Works Director, and City Manager include their designees. Commercial parade. A parade sponsored other than by a nonprofit organization, the purpose of which is to advertise a product, whether tangible or intangible, to advertise or promote an exhibition or theatrical performance, or otherwise operate to the pecuniary benefit of the sponsor. Parade. An assembly of three (3) or more persons gathering for the common design of moving in or upon any public street from one location to any other location, whether on foot, on horseback, by mechanical conveyance, or otherwise, as part of a procession, march, pageant, ceremony, or like event. Parade permit. A written consent or permit to conduct a parade or street or block closure issued pursuant to written application and approval hereunder. Street. The entire width between the boundary lines of every road or way publicly maintained when any part thereof is open to the use of the public for vehicular traffic. Permittee. A person to whom a parade permit has been granted under this article. Section 2. That Chapter 26, Article IV, Section 26-93, be and the same is hereby amended to read as follows: Sec. 26-93. Permit fees; reimbursement of costs. (a) An application for a permit to conduct a commercial parade shall be accompanied by a nonrefundable permit fee of two hundred fifty dollars ($250.00) to reimburse the city for administrative costs incurred as a result of the conduct of such parade. The applicant for a commercial parade permit will also be responsible for police costs, cleanup expenses, and other service costs identified by the city. An estimate of these costs will be provided when the permit is secured. (b) An application for a permit to conduct a non-commercial parade shall be accompanied by a nonrefundable permit fee of two hundred fifty dollars($250.00)to reimburse the city for administrative costs incurred as a result of the conduct of such parade. Police, cleanup, and other services will be paid by the city. Parades sponsored or co-sponsored by the City of Beaumont, as determined by the City Manager, will not be subject to permit fees or the reimbursement of costs as stated above. Examples of City sponsored or co-sponsored parades presently include the Christmas Parade, MLK Parade and Neches River Parade. Section 3. That Chapter 26, Article IV, Subsections 26-94(b) and (c), be and the same are hereby amended by renumbering them (c) and (d) respectively and adding a new subsection (b) to read as follows: Sec. 26-94. Standards for issuance; action on application. (b) The chief of police, or his designee, may, in consultation with the public works director and fire chief, approve an application for a street or block closure subject to reasonable terms and conditions relating to the time, place, or manner for the proposed closure. Approval of street or block closures shall be limited to non- commercial and/or civic events. No approval shall be granted for any requested closure of a public, residential street where the access or egress to or from privately owned residential property would be adversely affected. (c) A parade permit shall either be issued or denied within seven (7) days after the applications therefor being filed with the chief of police. d) Upon issuance of a parade permit by the city, all appropriate departments shall be notified. A copy of said permit shall be maintained on file for review. Section 4. That Chapter 26, Article IV, Subsection 26-95(a) be and the same is hereby amended to read as follows: Sec. 26-95. Denial or revocation of permit. (a) It is the policy of the City of Beaumont that the constitutional rights of citizens be fully considered in determining the granting or denying of parade or street closure permits. Therefore, the chief of police shall consider the following in denying, revoking or modifying permits: (1) If the information contained in the application for a permit is found to be false or incomplete in any material aspect; or (2) If the public peace, health, safety, or welfare will be endangered by the conduct of the parade or street closure or that conduct of the same is reasonably likely to engender a riot, civil disturbance, or other public calamity; or (3) Permittee has conducted or is conducting a parade or street closure in violation of this article or other applicable laws and ordinances affecting such activity; or (4) If the permittee fails to obey any lawful order of the chief of police, fire chief, or their respective designees, respecting the conduct of the parade or street closure, or any term or condition to which the approval of the parade permit is made subject; or (5) If the parade or street closure fails to commence within thirty(30) minutes of the appointed time for commencement; or (6) If the conduct of the parade or street closure at the time and place or in the manner proposed will substantially disrupt the safe and orderly movement of traffic contiguous to the parade route or area of the street closure; or (7) The parade or street closure will require diversion of so great a number of police officers that the provision of adequate police service to the remainder of the city will be rendered impossible; or (8) If the concentration of persons, animals, and vehicles at points of assembly and disassembly is reasonably likely to interfere with the provisions of adequate fire, police, and other emergency services to other parts of the city; or (9) Conduct of the parade or street closure is reasonably likely to result in harm to persons or property; or (10) If emergency conditions or other exigent circumstances then existing within the city require that the public streets remain open to the free and unencumbered transportation of emergency crews, equipment and materials. Section 5. That if any section, subsection, sentence, clause, or phrase of this ordinance,orthe application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 6. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 7. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 13th day of January, 2009. ' .' QoM s/ +ll , Ul X Mayor Becky Ames - f40.