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Special Event Ordinance
Article 4.700 Special Events
Sec. 4.701 Definitions
Applicant. Means a person who has filed a written application for a special event permit.

Block Party. Means the use of a residential street for a neighborhood function in which traffic control is required.

City. Means the City of DeSoto, Texas.

Demonstration. Means a public display of the attitude of assembled persons toward a person, cause, issue, or other matter.

Director of Code Services. Means the director of code services or his designee.
Person. Means an individual, firm, partnership, corporation, association, or other legal entity.

Reimbursable Costs. Means all costs and expenses incurred by the city for activities associated with staging of the event, including, without limitation, the following:
(1) Utilities services provided to the special event, including all of the costs of installation, maintenance, and connection.
(2) Food services inspection.
(3) Repair, maintenance and removal of facilities in the event of a failure of promoter.
(4) Repair of streets, alleys, sidewalks, parks, and other public property.
(5) Police protection.
(6) Fire protection.
(7) Emergency medical service.
(8) Garbage disposal and cleanup.
(9) Traffic control.
(10) Other direct costs associated with the special event.
Special Event. Means a temporary event or gathering, including a special event parade, using either private or public property, which involves one or more of the following activities, except when the activity is for construction or house moving purposes only:
(1) closing a public street;
(2) blocking or restriction of public property;
(1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1001)
(3) sale of merchandise, food, or beverages on public property or on private property where otherwise prohibited by ordinance (for purposes of this section, a special event shall not include an occasional sale/garage sale as defined in this chapter); (Ordinance 1878-11 adopted 4/19/11)
(4) erection of a tent on public property, or on private property where otherwise prohibited by ordinance;
(5) installation of a stage, band shell, trailer, van, portable building, grandstand or bleachers on public property, or on private property where otherwise prohibited by ordinance;
(6) placement of portable toilets on public property, or on private property where otherwise prohibited by ordinance; or
(7) use of signs otherwise prohibited by ordinance.
Special Event Parade. Means the assembly of three or more persons whose gathering is for the common design of traveling or marching in procession from one location to any other location for the purpose of advertising, promoting, celebrating, or commemorating a thing, person, date, or event that is not directly related to the expression of feelings and beliefs on current political, religious, or social issues.

Special Event Permit. Means written approval from the director of code service or his designee to hold a special event.
(1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1001)

Sec. 4.702 Enforcement
(a) The provisions of this article shall be administered by the director of code services or his designee and enforced by the director of code services, his designee, or any police officer.
(b) The director of code services has the authority to issue a special events permit that authorizes one or more of the activities described in Section 4.701(h) when requirements of this article have been met.
(c) Application for a special events permit authorizes appropriate city departments to issue permits for the activities described in Section 4.701(h) in locations where the activity would otherwise be prohibited by ordinance.
(1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1002)

Sec. 4.703 Article Cumulative
The provisions of this article are cumulative of all city ordinances. Tent permits, building permits, electrical permits, food establishment permits, alcoholic beverage licenses, and all other permits required by ordinance or other law for specific activities to be conducted in conjunction with or as part of the special event must be applied for separately in accordance with the applicable ordinance or law. (1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1003)

Sec. 4.704 Exemptions
The provisions of this article do not apply to a special event conducted by the city or to activities conducted at the town center by written agreement, or a peaceful demonstration at a fixed location other than a street. (1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1004)

Sec. 4.705 Application; Issuance
(a) A person desiring to hold a special event shall apply for a special event permit by filing with the director of code services a written application upon a form provided for that purpose. Each application must be accompanied by a non-refundable application fee in an amount established by resolution of the city council from time to time. An application must be filed not less than 45 days before the special event is to begin. The director of code services may waive the 45 day filing requirement if the director determines that the application can be processed in less than 45 days, taking into consideration the number and types of permits required to be issued in conjunction with the special event permit.
(b) An application must contain the following information:
(1) the name, address, and telephone number of the applicant and of any other persons responsible for the conduct of the special event;
(2) a description of the special event and requested dates and hours of operation for the event;
(3) the estimated number of persons to participate in the special event;
(4) a sketch showing the area or route to be used during the special event, along with proposed structures, tents, fences, barricades, signs, banners, and restroom facilities;
(5) provisions for parking with a designation of where "No Parking" signs will be used;
(6) details of how applicant proposes to provide security and traffic control;
(7) the time and location of street closings, if any are requested;
(8) details of the sale of merchandise or the sale or serving of food or alcoholic beverages at the special event, designating any street vendors or peddlers involved;
(9) description of animals to be used in the special event, if any;
(10) details of how the applicant will clean up the area used after the special event, if on public property; and
(11) proof that the applicant possesses or is able to obtain all licenses and permits required by this code or other city ordinance or by state law for the conduct of the special event.
(c) Upon receipt of the completed application the director of code services shall forward a copy of the application to the departments of police, fire, code services, public works and planning. Each department or director, as the case may be, shall review the application and return it, with any comments, to the director of code services within 10 working days of receipt.
(d) The departments and the director of code services may prescribe licenses and permits required by other city ordinances or applicable law, restrictions, regulations, costs for city services, safeguards, and other conditions necessary for the safe and orderly conduct of a special event, to be incorporated into the permit before issuance.
(e) A deposit of one-half of the estimated reimbursable costs required to be paid to the city as a result of a special event must be received by the director of code services not less than five days before the date of the special event as shown on the special event permit. Prior to the issuance of the permit the applicant shall agree in writing to pay such deposit and the balance of the reimbursable costs within thirty days after the special event.
(f) After reviewing the application and department comments, the director of code services shall issue the special event permit unless denial is required by Section
4.707. A special event permit will be issued for a period not to exceed 14 consecutive days. A special event permit is required for each 14 day period during which a special event will be conducted.
(1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1005)
(g) Given the city’s limited resources and the impact to the community, no more than (2) special events shall be permitted for one location in a 12-month period. (Ordinance 1878-11 adopted 4/19/11)

Sec. 4.706 Indemnification
An applicant for a special permit must execute a written agreement to indemnify the city and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the special event. (1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1006)

Sec. 4.707 Denial or Revocation
(a) The director of code services shall deny a special permit if:
(1) a special event permit has been granted for a special event at the same place and time;
(2) the proposed special event will occupy any part of a federal highway;
(3) the proposed special event will unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available;
(4) the applicant fails to adequately provide for:
(A) the protection of event participants;
(B) maintenance of public order in and around the special event location
(C) crowd security, taking into consideration the size and character of the vent; or
(D) emergency vehicle access
(5) the applicant fails to comply with or the proposed special event will violate a city ordinance or other applicable law, unless the prohibited conduct or activity would be allowed under this article;
(6) the applicant makes a false statement of material fact on an application for a special event permit;
(7) the applicant fails to provide proof that he possesses or is able to obtain a license or permit required by city ordinance or other applicable law for the conduct of all activities included as part of the special event;
(1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1007)
(8) the applicant has had two (2) special event permits issued for the same location within the preceding twelve (12) month period;
(9) the applicant has had a special event permit revoked within the preceding 14 months;
(10) the applicant has committed, within the preceding 14 months, two or more violations of a condition or provision of a special event permit or this article;
(11) the applicant fails to pay any outstanding reimbursable costs owed to the city for a past special event; or
(12) the applicant fails to submit the required deposit and/or fails to agree in writing to reimburse the city for the estimated costs for the proposed special event.
(Ordinance 1878-11 adopted 4/19/11)
(b) The director of code services shall revoke a special event permit if:
(1) the applicant fails to comply with or the special event is in violation of a condition or provision of the special event permit, an ordinance of the city, or any other applicable law; or
(2) the permit holder made a false statement of material fact on an application for a special event permit.
(1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1007)

Sec. 4.708 Appeal from Denial or Revocation of Special Event Permit
If the director of code services denies the issuance of a permit or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, or by personal delivery, written notice of the denial or revocation and of the right to an appeal. The decision of the director shall be final unless the applicant or permit holder appeals the decision in writing to the city manager within three (3) days. The city manager or his designee shall render a decision on the appeal within one (1) day after the appeal. The decision of the city manager shall be final. (1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1008)

Sec. 4.709 Offenses
A person commits an offense if he:
(1) commences or conducts a special event without a special event permit; or
(2) fails to comply with any requirement or provision of a special event permit or this article.
(1995 Code of Ordinances, Chapter 4, Article 4.1000, Section 4.1009)