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HomeMy WebLinkAboutOrd 1336 - ORD Relating to Parades & Processions, Including Funeral .... . .~U~L:..-:.. 00 -& .... . , - . I . .& 210 ORDINANCE NUMBER 1336 AN ORDINANCE RELATING TO PARADES AND PROCESSIONS, INCLUDING FUNERAL PROCESSIONS; AMENDING THE CODE OF ORDINANCES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY. WHEREAS. the Cityls existing parade ordinance is many years old, and it lacks a complete set or rules for funeral processions; and WHEREAS. the City desires to modernize and expand the Cityls regulations relating to parades and processions. including funeral processions; NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Code of Ordinances of the City of West University Place. Texas is hereby amended by adding thereto a new Article IX to Chapter 13 (including sections 13-301 through 13-328). which said new article and sections read as follows: ARTICLE IX. PARADES AND PROCESSIONS DIVISION 1. GENERALLY Sec. 13-301. Definitions. The following words. terms and phrases, when used in this Article. shall have the meanings ascribed to them in this Article. except where the context clearly indicates a different meaning: (1) "Director" means the Chief of Police or such other person designated by the Chief of Police to administer this Article. (2) "Holiday" shall mean New Yearls Day. Dr. Martin Luther Kingls Birthday (effective 1986), Memorial Day. Independence Day. Labor Day, Veteranls Day. Thanksgiving Day. or Christmas Day as officially declared by the United States Congress. (3) "Major thoroughfare" shall mean Bissonnet Street, Buffalo Speedway or Weslayan Drive. (4) "Low-impact parade" means a parade which meets all of the following criteria: (i) it is participated in by no more than 25 people and no motor vehicles. (ii) it includes no animals (other than domestic pets) and no vehicles which are unlawful upon public streets. (iii) it is restricted to a route which is no more than 4,000 feet in total length. (iv) the route crosses no streets and makes no left turns. but instead. the route is designed to make right turns so that it does not cross any intersecting or on-coming traffic or lanes for traffic. (v) the parade is conducted completely within the time periods set out in this Article for parades generally. (vi) the parade is concluded and disbanded within one hour after it first . Ordinance Number 1336 ~11 enters the street. and (vii) the parade sponsors provide all necessary traffic control. (5) "Parade" shall mean a procession of pedestrians. vehicles and animals or any combination thereof along or upon a street. road or highw~ but shall not mean: (i) a funeral procession operated in complete compliance with this Chapter. (ii) a procession of pedestrians along or upon public sidewalks or private property. (iii) a procession of vehicles operated in compliance with ordinary traffic laws. or (iv) foot races. bicycle races and other similar athletic events. DIVISION 2. PARADES. Section 13-311. Permit required. (a) It shall be unlawful for any number of persons. delegations. or associations of persons. or for any company. circus or group to participate in a parade along or upon any street of the city without first obtaining a permit to do so. Upon receipt of a permit. ,ny number of persons. delegations. or associations of persons or any company. circus or group may parade along or upon the street of the city subject to the other remaining provisions of this Code. The city will provide assistance to the permit holder by providing necessary traffic control along the parade route in order to allow for passage of the parade along the designated route. There shall be no permit required for the use of the sidewalks of the city for any procession or parade. (b) Notwithstanding the foregoing. no permit shall be required for a low-impact parade if the sponsors of the parade: (i) deliver written notice of the date. time. route and estimated composition of the parade to the director not less than 72 hours before the start of the parade. (ii) file with the director insurance meeting the requirements of this article, an indemnity by a financially responsible person satisfactory to the director or proof satisfactory to the director that the risk of liability to the City is minimal. and (iii) file with the director a written acknowledgement that the sponsors will provide all necessary traffic control. The City shall not be responsible for providing police officers or other employees to perform any traffic control functions during a parade held under this subsection. Sec. 13-312. Routes. Times. Etc. (a) Permits for parades shall be issued in conformance with all the provjsions of this article. (b) Applicants for parade permits may design their own parade routes with the following restrictions: 00 . .... .__00_. _ ___ ,.-_.___. .__.,. __... ,_. .. ...,..,. "'--_00 .rll p ..,..,rl5i__ . Ordinance Number 1336 (1) Such route may not exceed two (2) miles in length and may not include more than eight (8) blocks or one-half mile. whichever is le~ser, of any major thoroughfare. provided. however. that a parade held on a Sunday may include more than eight (8) blocks or one-half mile of a maJor thoroug~fare. (2) The maximum tlme necessary for completion of the parade may not exceed two (2) hours. T~e parade must begin and end after sunrise and before sunset. (3) If the parade is to be held on a day other than a Saturday. Sunday or a holiday. and if it uses or crosses any major thoroughfare, it shall not be held between the hours of 7:00 a.m. and 9:00 a.m. or between the hours of 4:00 p.m. and 6:00 p.m. Sec. 13-313. Permit appli,ation generally, issuance, etc. (a) Applications for parade permits must be ln writing on a form to be supplied by the director. All permit app1icatlons must be sworn to before an officer authorized to administ~r oaths and filed with the director. The director shall review the app1icatlon in order to ensure that the time. place and manner of the proposed parade comply with the provisions of this article. The director shall approve such application and issue a parade permit within one hundred twenty (120) hours of receipt of the application unless it is detenmined that the application is incomplete or the proposed parade violates some provision of this Code. in which event the director shall notify the applicant of the denial of the permit and the reasons for such derial withir one hundred twenty (120) hours of the date of receipt of the application. Any application not denied within one hundred twenty (120) hours of receipt by the director shall be deemed approved ard a penmit shall be issued. (b) All applicaticlfls fot' parade permits must be accompanied by the fee as calculated pursuant to the Cityls schedule of fees and charges. All tendered fees must be in the form of cash or a certified or cashierls check payable to the city. If the director rejects or denies the application. such fee shall be fully refundable to the applicant within a reasonable time upon demand in writing to the director. (c) Only one permit may be issued for a parade to be held on anyone calendar day. Where more than one application is received by the director applying for a parade to be held on a single calepdar day, the director shall issue the permit to the applicant ~hose complete and qualifying application was received the earliest. Sec. 13-314. Application Information. The app1icaticp for a pe~it for a parade shall contain the following information and be signed by the app11cant and sworn to before an officer authorized to administ~r oaths. 213 Ordinance Number 1336 (1) The name. address. and telephone number of the applicant and of any other persons, organizations, firms or corporations on whose behalf the application is made. (2) The date requested for the parade and the time of day requested. (3) The estimated duration of the parade and proposed route thereof. (4) The estimated number of animals. if any, that will be used in the parade. (5) The estimated number of individual persons to participate in the parade. (6) The estimated number. if any, of animals and riders, animal-drawn vehicles. floats. motor vehicles, motorized displays and marching units or organizations such as bands. colorguards and drill teams. (7) A statement that the applicant is fully authorized to act and contract for any persons, organizations, firms or corporations on whose behalf application for a parade penmit is made. (8) A provision whereby the applicant and any other persons. organizations. finms and corporations on whose behalf the application is made do contract and agree that they will. jointly and severally. indemnify and hold the city (and its officers. agents and employees when acting for or on behalf of the city or in their official capacities) harmless against liability for any and all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the penmit or the conduct of the parade or its participants. Sec. 13-315. Insurance. (a) No permit shall be issued by the director for a parade that includes any animals or motorized vehicles unless the applicant shall have delivered to the director. promptly after being notified that the application would be approved. proof that the insurance required by this section has been obtained by such applicant. (b) The proof of insurance required by this section for a parade to include any number of animals shall consist of a current policy Qf comprehensive general liability insurance for certain designated premises. including the parade route and the parade formation and disbanding areas. and such policy shall also bear an endorsement for the contractually assumed liability as set forth in paragraph (8) of the preceding section of this Code. Such insurance shall contain policy limits of not less than the following: (1) For property damage. one hundred fifty thousand dollars ($150.000.00) for each occurrence; .....-..---.-., .... .. -,.....'W'::" . .I. oa. ... _,...__ Ordinance Numb~r 1336 (2) For bodily injur) or death. one hundred fifty thousand dollars ($150.000.00) for each person and five hundred thousand dollars ($500.000.00) for each occurrence. (c) T~e proof of insurance required by this section for a parade to lnc1ude motorized ve~icles but no animals shall consist of a current policy or policies ~f comprehensive general liability insurance covering the driv~r of each vehicle to be included in the parade or the proof of insurance required i~ subsection (b) above. DIVISION 3. FUNERAL PROC~SSIO~S Sec.13-321. Identification of vehicles; route. A funeral composed of a procession of vthic1es shall be identified as such by the display. upon the outside of each vehicle. of a pennant or other identifyins insignia or by such other method as may be determined and designated by the police department. A funeral procession must follow a reasonab1 direct route from the placp of religious or memorial services for the deceased to the city limits. in the direction of the actual place of burial. Sec. 13-322. Use of streets during certain hours. It Shall be unlawful for a funeral procession to travel on the streets of the city. between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 4:00 p.m. and 6:00 p.m.. Monday through Friday. inclusive. Funeral processions may use the strpets at any hour on a legal holiday. Sec. 13-323. Police escort. Each funeral procession shall be accompanied by a police motorcycle escort which shall be a part of the fureral procession. and the police officerls motorcycle shall constitute an emergency ve~icle when the siren an~ red lights are in operation. There shall be not less than one police mortorcycle escort when the vehicles in the funeral procession. including the mortuary vehicles, do not exceed ten (10) and there shall be not less than two (2) police motorcycle escorts when such vehicles exceea ten (10). Sec. 13-324. Drivers to use right-hand edge of roadway and follow ~ehicle ahead as close as practical. Each driver in a funeral or other procession shall drive as near to the right-hana edge of the roadway as practical and shall tollow the vehicle ahead as clos~ as is practical and safe. Sec. 13-325. Speed. The drivers of motor vehicles participating in a funeral processfon shall obey the applicable speed limit; provided. however, if. in the opinion of the police escort. conditlons require that the ~15 Ordinance Number 1336 funeral 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 funeral procession. Sec. 13-326. Obedience to traffic signals. It shall be unlawful for the driver of a vehicle being the leader of a funeral procession to enter into 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 as between two or more processions. The right-of-way rules provided by law shall be applicable as between two (2) or more funeral processions, subject to the authority of the police motorcycle escort to direct. control and regulate such funeral processions. Sec. 13-328. Driving between vehicles in procession. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this division. Section 2. (a) Until otherwise changed by amendment of the Cityls fee schedules. the fee for a parade permit shall be determined in the following manner: (1) For a parade consisting solely of pedestrians. the permit fee is $100 plus $25 for each intersection in the parade route. not counting intersections where the parade begins or ends. (2) For all other parades. the fee shall be as stated above. plus $3 for each motorized vehicle and $5 for each animal (other than domestic pets) in the parade. (3) Notwithstanding the above. the maximum fee is $3.000. (4) If an applicant is unable to pay the full amount of the parade fee. the fee shall be reduced to the amount that the applicant (or the group or organization on whose behalf the application is made) is able to pay. provided that the applicant submits a sworn affidavit to the director which states: (i) neither the applicant nor the group or organization on whose behalf the application is made is able to pay the full parade fee and that neither has been able to raise the amount of the fee after having made diligent efforts to do . .0. ....... _._ ._...,.--.._........... ..._..-_......__~_... _00 ... .....~ -r-.............-::.. . ~.II._ . Ordinance Number 1336 so, and (ii) the exact amount that the applicant, group, or organilation is able to pay for the permit fee. (b) Sections 13-67, 13-68 and 13-69 (relatlng to parades and tunerals) of the Code ot Ordinances are hereby repealed. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circu~stance, shall ever be held to be invalld or unconstitutional ty any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. T~e City Council officially finds, determines and declares that a sufficient written notice of the date, hOLr, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at al I times during such dlScussion, consideration and action. The City Council ratifies, approves and conflrms such notices and the contents and posting thereof. Section 6. This ordinance shall take effect on the tenth day following its publication, as provided by the City Charter. PASSED AND APPROVED ON FIRST ANL FINAL RtADING this _29th day of December , 1988. Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers B Bell, Britton, Schwdrtzel None None r, Councilmembers Voting Aye: Signed: t>'IlchaelTPark~s,' 'fvfaio'r '"-~ f\TTEST: Audr"ey N"i cho 1 s City Secretary Approved as to rorm ( SEAL) ~:fa"m"e"s' 'L~. ~ "D"0'u'gT1E: rty, J r ,- . -- City Attorney