HomeMy WebLinkAboutORD 1476 - ORD Relating to Street Events and Residential Regulations
Ordinance No. 1476
AN ORDINANCE RELATING TO STREET EVENTS AND
RESIDENTIAL REGULATIONS; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, the City Council has received a report and reconul1endation
from City staff about special street events and activities in residential
neighborhoods; and
WHEREAS, the City Council believes that the purposes and concerns
identified by the staff report are valid and appropriate for this type of regulation;
and
WHEREAS, the City Council desires to proceed with the adoption of new
rules based on such purposes and concerns, which are officially adopted;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. Article IX of Chapter 13 of the Code of Ordinances of the City of
West University Place, Texas (including Sections 13-301 et seq.) is hereby
amended to read in its entirety as set out in Exhibit A, attached.
Section 2. Section 15-13 (entitled "Residential Picketing") of the Code of
Ordinances of the City of West University Place, Texas is hereby repealed. (The
subject matter of such repealed section is included in the new Article adopt~ci in
Section 1 of this Ordinance.) It is the intent of the City Council to readopt and
confirm the findings, declarations and purpose of said Section 15-13 as they now
exist, before repeal.
Section 3. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance,
shall ever be held to be invalid or unconstitutional by any court of competent
jurisdiction, neither the remainder of this ordinance, nor the application of such
word, phrase, clause, sentence, paragraph, section or other part of this ordinance to
any other persons or circumstances, shall be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at
which this ordinance was discussed, considered or acted upon was given in the
manner required by the Texas Open Meetings Act, as amended, and that each such
meeting has been open to the public as required by law at all times during such
discussion, consideration and action. The City Council ratifies, approves and
confirms such notices and the contents and posting thereof. 4
Section 6. This ordinance shall become effective on the tenth day following
its publication, as provided in the City Charter.
PASSED AND APPROVED ON FIRST READING, this ~day of ~ /
, 19f~
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
.4 PASSED AND APPROVED ON SECOND READrNG, this /3"ztay of
U&A ,199::1.
Councilmembers Voting Aye:
"
Councilmembers Voting No:
Councilmembers Absent:
Signed:
Mayor
~~
Attest:
(Seal)
~~~
Reviewed:
City Attorney
13b:\oevents.54
Exhibit A
ARTICLE IX. STREET EVENTS AND
RESIDENTIAL REGULATIONS
DIVISION 1. DEFINITIONS
Sec. 13-301. Definitions.
The following terms, when used in this Article, shall have the meanings ascribed to them
below, unless the context indicates a different meaning is intended:
Block means all of the area within a street (roadway, sidewalk and other area) from the
midline of one intersecting street to the midline of the next intersecting street.
..
Important street means Weslayan Street, Rice Boulevard, University Boulevard, Buffalo
Speedway, Sunset Boulevard or Bissonnet Street.
Legal holiday includes holidays declared by the Congress of the United States and
recognized by national banks.
Low-impact pedestrian event means a special event which includes only pedestrians
(obeying normal pedestrian rules) and meets one or both of the following sets of circumstances:
(1) the event does not occur in a residential block, or
(2) if the event occurs in a residential block, it meets both of the following criteria: (i)
no more than 15 persons participate, and (ii) the event does not occur in any
particular block for more than 15 minutes, total. (Note: a low-impact pedestrian
event may move from block to block, so long as no single block is occupied for
more than 15 minutes. Neither the overall length of route nor duration is
otherwise limited.)
Major inter jurisdictional event means a special event which meets all of the following
criteria: (i) it will occur in two or more municipalities, (ii) it will affect ten miles or more of
public roads, streets or other rights of way, (iii) it will include 100 or more participants, and (iv)
substantially all of the participants move in one direction along a fixed route.
Residential block is a block where 51 percent or more of all the abutting property in the
City (front footage) is actually used for residential purposes.
Special event means any procession, gathering or other similar event upon a street where
one or more of the following circumstances is present:
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EXHIBIT A
Page A-4
(i) Large Group In Small Area. Ten or more persons gather, or move as a group, in a
one-block (or smaller) area, either on the roadway, on the sidewalk or on any
other part of the street
(ii) Physical Obstruction. A street is physically obstructed by a barricade or other
object, or by persons or vehicles not complying with normal traffic laws and
ordinances.
(iii) Vehicles. Three or more vehicles are operated or stopped in a concerted manner
and in violation of normal traffic laws and ordinances.
The following are some of the possible examples of special events: parades, funeral processions,
marches, "walkathons," bicycle races, rallies, demonstrations, "block parties" and foot races.
These examples are not exhaustive.
Spillover party means a party occurring on property adjacent to a street which "spills
over" into the street.
..
DIVISION 2. STREET EVENTS AND
RESIDENTIAL REGULATIONS
Sec. 13-311. In General.
(a) Purposes. This Article shall be interpreted and applied to achieve the following
purposes:
(1)
(4)
(5)
(6)
(2)
Balance and harmonize different uses of the streets, accommodating as many
activities as practicable (including constitutionally-protected activities) and
reducing the occasions when one activity would preclude all others.
Minimize the chance that access to abutting properties would be impaired, either
by direct impairment of driveways or walkways or by clogging of streets;
preserve access by fire, police, medical and other emergency vehicles.
Help to control safety hazards to pedestrians and vehicles, including direct
hazards to participants in events and other hazards caused directly or indirectly by
street events.
Assist the police in protecting the security of persons and property, particularly
when crowds may form.
Help preserve the general tranquility of residential neighborhoods by regulating
the times when special events are allowed on residential blocks.
Protect people in their homes from protracted intrusions of special events and
from focused picketing, because people in their homes may not welcome such
intrusions or picketing and usually cannot avoid them, except by leaving.
(3)
(b) Registration Required. It shall be unlawful for any person to organize or to
participate in a special event if the special event has not been registered as required by this
Article. Exceptions:
(1) This does not apply to an escorted procession which complies fully with Division
3 of this Article.
EXHIBIT A
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Page A-5
(2) This does not apply to a low-impact pedestrian event.
(c) Compliance With Article Required. It shall be unlawful for any person to organize or
to participate in a special event in violation of any of the provisions of this Article.
Sec. 13-312. Registration; Preparation For Events.
(a) Registration. To register a special event, a person must:
(1) Fill-out the standard form.
The traffic control officer shall provide a supply of blank standard forms at the
police dispatcher's office. The person who registers an event must complete the
form to show: (i) the date and maximum times, (ii) the maximum number of
persons, (iii) the types and maximum number of vehicles, identified sufficiently to
determine the extent insurance is required as provided below, (iv) th~species and
maximum number of animals, identified sufficiently to determine if insurance is
required, as provided below, (v) the types and maximum numbers of other large
moving objects (not carried by hand), (vi) the places where the event will occur
(identifying each street, block number and street intersection, and including any
route to be taken and, if the event is a spillover party, describing the non-street
property where the party is scheduled to occur), (vii) the important street
intersections where roadways would be obstructed and the hours each will be
obstructed, and (viii) the identification of the person who registers and any
sponsor(s) of the event (including residence addresses, phone numbers, TDL,
etc.). The form must be sworn to (or affirmed) as being complete and correct, to
the best knowledge and belief of the person who registers.
(2) Deliver the form in time to allow preparations.
The completed form must be delivered to the traffic control officer or to the police
dispatcher (open 24 hours per day everyday) in time to allow at least one full
working day for the City to prepare before the beginning of the event. A full
working day is 8:00 AM to 5:00 PM on a weekday that is not a City holiday. As
provided below, the fee can be greatly reduced if the event is registered earlier.
(3) Attach additional items (if required).
Attach the following items to the form, to the extent required for the particular
special event: (i) proof of insurance, and (ii) cashier's check for the amount of the
fee to cover City out-of-pocket expenses.
(b) Preparation For Events. When an event is registered, it is the responsibility of
the traffic control officer to prepare for the event as follows: (i) notify the police, fire, ambulance
and public works personnel of the City, (ii) notify the Metropolitan Transit Authority, if
EXHIBIT A
Page A-6
"'Ii
appropriate, (iii) arrange for any necessary traffic and parking control, including officers at
intersections, temporary parking restrictions and other appropriate measures, and (iv) notify the
residents of each affected residential block (see below). It is the responsibility of the police chief
to make appropriate adjustments to staffing and assignments to help maintain security
(particularly where there may be crowds) and to make any necessary advance arrangements with
other law enforcement agencies.
Sec. 13-313. Fees.
(a) When Applicable. The fee for registering a special event defrays part of the City's
out-of-pocket costs for the event. The out-of-pocket costs, and the corresponding fees, are:
(1) Cost of providing traffic control at important street intersections
The fee for this cost component is computed by multiplying: (i) the number of
important street intersections where the roadway would be obstructed, if any, by
(ii) the total hours the roadways at the intersections will be obstructed, and by (iii)
the cost per hour of providing a City police officer.
The fee for traffic control is waived for each intersection for which the sponsor(s)
of an event can prove that there are firm arrangements to provide a certified peace
officer to control traffic at the intersection during the time it is obstructed. Firm
arrangements may be proved by submitting a standard "show-up" form, duly
signed, or other equivalent written proof.
(2) Cost of notifying affected residents (residential blocks only).
The fee for this cost component is computed by multiplying: (i) the number of
residences on the residential blocks, if any, where the event will occur, by (ii) the
applicable unit cost of notifying the residents.
The applicable unit cost depends on how long in advance the event is registered:
(i) If the special event is registered at least 60 days in advance, the traffic control
officer shall give notice to affected residents by means of the City's regular
newsletter or utility bills, and the fee is accordingly waived (unit cost is deemed to
be zero). (ii) If the special event is registered fewer than 60 days, but more than
ten days, in advance, the traffic control officer shall give notice by mail. The
applicable unit cost is the postage for a post card (first class mail) plus the unit
cost of printing and addressing a post card. This paI1 of the fee is waived if the
person who registers the event supplies pre-printed, pre-addressed post cards with
postage affixed. (iii) If the special event is registered ten or fewer days in
advance, the traffic control officer shall give notice by telephone, fax, hand
delivery or other speedy means. The applicable unit cost is the average cost per
residence of providing notice by telephone.
EXHIBIT A
Page A-7
(b) Amount of Fee. TIle fee for each special event is the sum of the "traffic control" cost
component, if applicable, and the "notification" cost component, if applicable, both computed as
described above. However, the maximum fee for any special event is $300.
(b) Cost Calculations. From time to time, the traffic control officer shall calculate: (i) the actual
cost per hour of providing a City police officer to control traffic for a special event, on an average cost
basis, including a factor for any necessary overtime but excluding any fixed or overhead costs, (ii) the
actual cost per hour of City staff used to telephone affected residents to give notice of an upcoming
event, on an average cost basis, including a factor for any necessary overtime but excluding any fixed or
overhead costs, (iii) the number of residents who can be contacted by telephone during an average hour
of work, and (iv) the actual unit cost for printing and addressing a post card The current calculated unit
costs (and time estimates) shall be made available to all persons registering special events, in a form that
makes it possible to determine the applicable fees by simple arithmetic.
Sec. 13-314. Maximum length; duration; times: number.
(a) Length. The maximum length of any special event area or route is four mile? Exception:
This does not apply to a 10w-impact pedestrian event
(b) Duration. The maximum duration of any special event is two hours. Exceptions: (i) This
does not apply to a low-impact pedestrian event. (ii) A major inteIjurisdictional event may exceed two
hours ifit occurs on a Sunday or a legal holiday and does not exceed six hours.
(c) Restricted times. A special event may not use, enter or cross the roadways of the indicated
streets at the times indicated:
3700 Block of University Blvd.
One hal f hour before school convenes or one half
hour after school is adjourned (school days only).
Residential blocks on streets,
except important streets
Before 8:00 AM or after sunset
Important streets
7:00 AM to 9:00 AM or 4:00 PM to 6:00 PM
(except on Saturday, Sunday or a legal holiday).
All streets
Before sunrise or after sunset.
Cd) Number. No more than two special events may occur on any given dav. and the times of
soecial events may not overlan. Excention: This does not arply to a low-impact pedestrian event or to a
soi II over party. ForpuTPoses of this subsection. priority shall be ~iven to s.pecial events in the order
they are reci stered.
Sec. 13-315. Residential Blocks.
Participants in a special event occurring in a residential block shall move through the block from
one end to the other as steadily as practicable, withoullingering longer than fifteen minutes within the
block and without retlffiling to the block more than once during the event. It
EXHIBIT A b13:\oevetnrv
Page A-8 (rev)
is an affirmative defense to prosecution under this section that the person charged was
participating in a spillover party which complied strictly with this Article.
Sec. 13-316. Residential Picketing.
(a) Focused Picketing Prohibited. It shall be unlawful for any person to engage in
picketing before or about the residence or dwelling of any individual in the City. The intent of
this section is to prohibit only focused picketing taking place solely in front of a particular
residence.
(b) Presumption. A person is presumed to be engaged in focused picketing solely in
front of a particular residence if the person is picketing and does one or more of the following: (i)
stops in front of a particular residence longer than one minute, or (ii) stops in front of a particular
residence more than twice in anyone-hour period, or (iii) passes by a particular residence more
than twice in any IS-minute period. Presumptions are rebuttable; see Texas Penal Code.
..
(c) Effect of Special Events. This section applies regardless of whether there is a special
event in progress.
Sec. 13-317. Insurance.
(a) When Required. Insurance is required for any special event which meets all of the
following criteria: (i) the event will occupy a roadway, other than at a pedestrian crossing, and
(ii) the event includes motor vehicles or animals (other than dogs on leashes or cats), or both.
(b) Proof The required insurance must be proved by submitting the City's standard form
certificate of insurance, or other equivalent written proof. The certificate must indicate that there
is in effect:
(1) For events with animals, comprehensive general liability insurance for designated
premises including all of the places where the special event will occur, including
any areas where the event will form or be disbanded, with limits of at least
$150,000 per occurrence for property damage and $500,000 for injuries or deaths.
(2) For events with motor vehicles, motor vehicle insurance covering each vehicle
and each driver, with minimum limits as set forth above.
(3) An endorsement on each policy naming the City and its officers, agents and
employees as additional insureds.
(c) Self Insurance Plans. An organized and funded plan of self-insurance by an
organization with at least $10,000,000 in assets may be substituted for the insurance required by
this section, if the traffic control officer determines that the self-insurance plan provides
coverage equivalent to the required insurance
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EXHIBIT A
Page A-9
Sec. 13-318. Spillover Parties.
All aspects of a spillover party occurring in a street must be carried on so that they do not
disturb persons of ordinary sensibilities inside nearby houses, whether by loud and raucous
noise, bright lights, visual displays or other intrusive activities. A spillover party must be
registered as a special event by the owner or occupant of the non-street property where the party
is scheduled to occur. A spillover party may only occur in a single block and may not occur in
any block sooner than the 181 st day following the last spillover party in that block. Spillover
parties may only occur on a Saturday, Sunday or legal holiday or on Halloween. No more than
three spillover parties may occur in the City on any given two-day or three-day weekend or on a
non-weekend day, and priority shall be given to those which are registered soonest.
Sec. 13-319. Affirmative Defense For Speech or Expression.
The affirmative defenses for speech or expression enumerated in Section 42.04 of the
Texas Penal Code shall also be available in any prosecutions for violations of this Oivision,
DIVISION 3. ESCORTED PROCESSIONS
See. 13-321. Notice; identification of vehicles; route.
(a) Notice. The City's police dispatcher must be notified either orally or in writing at
least 60 minutes in advance of the start of the procession, unless the procession is registered as a
special event under Division 2 of this Article.
(b) Identification. Vehicles in an escorted procession shall be identified as such by the
display, upon the outside of each vehicle, of a pennant or other identifying insignia or by such
other method as may be determined and designated by the police escort.
(c) Route. An escorted procession must follow a reasonably direct route from its
beginning place to its end. The route must be as short and direct as possible.
Sec. 13-322. Use of streets during certain hours.
Escorted processions shall observe the same time restrictions on the use of streets as are
imposed for special events. It shall be an affirmative defense to prosection based on a violation
of this section that: (i) it was not practicable to observe such restrictions and (ii) all reasonable
steps to minimize traffic congestion and hazards were taken.
Sec. 13-322. Escort.
Each escorted procession shall be accompanied by an escort of certified peace officers
with official motorcycles or other vehicles equipped with lights and sirens. There shall be at
EXHIBIT A
PageA-IO
u'"
least one escort vehicle when the number of vehicles is ten or fewer, and there shall be at least
two escort vehicles when the number of vehicles exceeds ten.
Sec. 13-324. Drivers regulations.
Each driver in an escorted procession shall drive as near to the right-hand edge of the
roadway as practical and shall follow the vehicle ahead as closely as is practical and safe.
Sec. 13-325. Speed.
The drivers of motor vehicles in an escorted procession shall obey the applicable speed
limit; provided, however, if, in the opinion of the escort officers, conditions require that the
escorted procession proceed at a speed less than the minimum speed limit or if conditions require
that the procession be brought to a complete stop, such direction shall be obeyed by the
participants of the escorted procession.
...
Sec. 13-326. Obedience to traffic signals.
It shall be unlawful for the driver of a vehicle being the leader of a escorted procession to
enter an intersection in violation of a traffic signal, stop sign or direction of a police officer;
however, as soon as the procession has started through an intersection, the whole procession may
continue through without stopping or observing the direction of such stop sign or traffic signal,
provided such vehicles are conspicuously designated as required by this division.
Sec. 13-327. Right-of-way rules between two or more processions.
The right-of-way rules provided by law shall be applicable between two or more escorted
processions, subject to the authority of the escort officers to direct, control and regulate such
escorted processions.
Sec. 13-328. Driving between vehicles in procession.
No driver of a vehicle shall drive between the vehicles comprising an escorted procession
while they are in motion and when such vehicles are conspicuously designated as required in this
di vision.
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EXHIBIT A
Page A-II