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HomeMy WebLinkAboutOrd 1159-2025-07 Amending Code Part II, Article 10.02 Special EventsCITY OF ANNA, TEXAS ORDINANCE NO. iISQ4oa6-d'7 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II (GENERAL ORDINANCES), ARTICLE 10.02 (CITY PARKS, RECREATION AND SPECIAL EVENTS), BY REPLACING DIVISION 4 AND ADDING DIVISION 5 AND 6; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas City Council ("City Council") has previously adopted standards, requirements, and procedures for and otherwise governing parks, recreation and special events; and WHEREAS, the City Council has investigated and determined that it would be beneficial and advantageous to add regulations governing the procedures and criteria for approval of special events, use of City park facilities by nonprofit organizations and similar groups, and related matters; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment. Chapter 10, Article 10.02, Division 4 (Special Events) of The Anna City Code of Ordinances is hereby amended by repealing said Division 4 in its entirety and replacing said Division 4 with a new Division 4, and adding a new Division 5, and a new Division 6 as set forth in Exhibit A, attached hereto and made a part hereof as if set forth in full for all purposes. Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. CITY OF ANNA ORDINANCE NO., (! 59 -.00a.5 -o 7 PAGE 1 OF 18 Section 4. Effective Date. This ordinance shall be in force and effect from and after its passage on the date shown below. PASSED AND APPROVED on this 2-11jay of July 2025. a-Sn APPROVE: ATTEST: t4'4214r� (43�f , City Secretary, Car ie Smi h CITY OF ANNA ORDINANCE NO., i 15 9 • ,2 o-15 - 0 7 PAGE 2 OF 18 EXHIBIT A — page 1 Division 4 Special Events, Generally § 10.02.111. Definitions. For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning: Applicant means a person who has filed a written application for a special event permit or a person or organization seeking to hold the special event, including the promoter's employees, agents, affiliates, successors, permitted assigns, and other persons controlled by the promoter. The applicant and the promoter may be the same in some events. Block party means the use of a residential street for a neighborhood function in which traffic control is required. City means the City of Anna, Texas. Committee review means the required review when the special event manager determines that the parade or special event permit application requires evaluation by the special event review committee to determine if additional city services, supplementary permits and follow- up inspections will be required. Concession means a facility at a special event where food or drink is offered to the public. Costs means all costs and expenses incurred by the applicant/permittee/promoter for activities associated with staging of the event, including, without limitation, the following: (1) Utility services provided to the special event, including all of the costs of installation, maintenance, and connection. (2) Barricades and cones. (3) Special event parking. (4) Food services inspection. (5) Repair, maintenance and removal of facilities in the event of a failure of applicant/ promoter. (6) Repair of streets, alleys, sidewalks, parks and other public property. (7) Police protection. (8) Fire protection. (9) Emergency medical service. (10) Garbage disposal and cleanup. (11) Traffic control. (12) Other direct costs associated with the special event. CITY OF ANNA ORDINANCE NO., 1159 ' o16aS - 0 7 PAGE 1 OF 18 EXHIBIT A — page 2 Food service employee means an individual working with unpackaged food, food equipment or utensils, or food contact surfaces. Food service provider means any person, business, or vendor working with unpackaged food, food equipment or utensils, or food contact surfaces. Licensee means the applicant, promoter, or organization to whom the parade or special event permit has been issued. Nonprofit means not maintained or organized for profit, as recognized by the state and the Internal Revenue Code. Parade means the assembly of 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. Parade shall include runs, walks, relays, marathons, bicycle races/rides, or similar events. Parade route means the required signage posted at the affected intersections or along the route system one week prior to the event. Pavilion/Gazebo means the following features and/or places: a building, often with open sides, located in a park, typically used for shade, seating and a gathering space for picnics, recreation, or events; provided, however that the city manager may designate from time to time areas to temporarily be considered a pavilion requiring a pavilion rental. Pavilion/Gazebo rental means the paid rental of a pavilion requiring and payment of fees to the City that is separate and in addition to any and all fees associated with the special event permit application process. Permit or special event permit means the city's licensing of an applicant/promoter to hold a block party, parade, or special event, on the terms and conditions stated in the permit and subject to the rules, regulations, and requirements of this article and other applicable law. The parade or special event should not be considered approved until: (1) committee reviewed permit applications are signed off by the special event review committee and issued to the applicant/promoter; or (2) noncommittee reviewed applications are signed off by the special event manager and issued to the applicant/promoter. Permittee means a person to whom a permit is granted pursuant to this article. Person means any individual, assumed named entity, partnership, association, corporation, or organization. Sidewalk means that portion of a street between the curblines or lateral lines of a roadway and the adjacent property lines, intended for use by pedestrians. Special event means a temporary event or gathering of persons for a common purpose, including but not limited to, a parade, rally, public entertainment venue, carnival, festival, or other similar event using either private or public property that involves one (1) or more of the following activities, except when the activity is for construction or house -moving purposes only: (1) closing of a public street or interference with the normal flow of pedestrian or vehicular traffic; (2) blocking or restriction of public property, including public rights -of -way; CITY OF ANNA ORDINANCE NO., 115 9 • aoa 5 -o 7 PAGE 2 OF 18 EXHIBIT A — page 3 (3) offer or sale of merchandise, food, or beverages on public or private property where otherwise prohibited by ordinance; (4) sale of alcoholic beverages on public or private property where otherwise prohibited; (5) erection of a tent or canopy on public or private property where otherwise prohibited by ordinance; (6) placement of portable toilets on public or private property where otherwise prohibited by ordinance; (7) 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; or (8) the need for special city services, including but not limited to, street closure, provision of barricades, provision of police or emergency services, or provision of special electrical services. Special event manager means a city employee, or his/her designee, designated by the city manager as primarily responsible for managing special event/parade applications. Special event review committee means a committee consisting of a representative from each of the following city departments: building inspections, development services, emergency management, code enforcement/environmental health, fire, parks and recreation, police, public works, and additional city staff as determined by the special event manager upon review of the special event permit application. The special event review committee meets as needed and reviews the parade or special event permit application and may seek additional information from any applicant during the application process. Street means the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular traffic. Tent or canopy is as defined by the City's currently adopted uniform building code with local amendments and/or uniform fire code with local amendments. § 10.02.112. Applicability; permit required; exemptions; additional permits. (a) All special events, except those set forth in subsection (b) of this section, must conform to all applicable provisions of this article. (b) The following events are exempt from the provisions of this article: (1) an event wholly contained on property specifically designed or suited for the event and which holds a certificate of occupancy for such use including adequate parking; (2) national night out; (3) a funeral procession proceeding by a vehicle under the most reasonable route from a funeral home, church, or residence to the place of service or place of internment; CITY OF ANNA ORDINANCE NO., l 1 5r(- 9095 - 01 PAGE 3 OF 18 EXHIBIT A — page 4 (4) events which are officially sponsored by the Armed Forces of the United States of America, the Military Forces of the state, political subdivisions of the state, and the forces of the police and fire departments acting within the scope of their duties; (5) indoor or outdoor live or recorded music, exhibitions, and other performances on property owned or operated by the Anna Community Development Corporation and/or the Anna Economic Development Corporation; or (6) an event for which an applicant has obtained a waiver from the city manager. The city manager may require that an applicant provide information related to the event or restrict activities conducted at the event as a condition of granting a waiver. (c) Specific permits must be applied for separately when such activities are conducted in conjunction with or as a part of a special event, whether on public or private property. Separate permits will not be required for loudspeakers in conjunction with the event. In any event, temporary permits for food service shall be obtained by each food service provider. § 10.02.113. Payment of additional costs incurred by city. In the event the special event manager or the special event review committee determines, upon a review of the application, that a special event may require the special attention and involvement of city personnel or facilities, the city shall notify the applicant. The city may require the applicant to submit additional information and planning documents for a special event to aid in determining the burden on public infrastructure and personnel due to the special event. In such event, prior to the issuance of a permit for a special event, the applicant and the city shall agree upon the cost of police protection, fire protection, emergency medical services, parks service, public works service, cleaning, and the closure of roads, and the applicant shall pay that amount to the city upon application. Prior to the issuance of a permit and within ten (10) days of receiving the form establishing additional required fees, the applicant shall agree in writing to pay the costs to the city -approved outside contractors for costs associated with the event. Applicant shall pay the contractors on the day(s) the services are performed or as otherwise approved by the special event manager. § 10.02.114. through 10.02.140 reserved. Division 5 Special Event Permits § 10.02.141. Required; fee; filing of application. (a) It shall be unlawful for any person to conduct a special event without first having obtained a permit from the city and paying the prescribed fee and deposit. The fee and deposit for issuance of such permit shall be in accordance with the city's current fee schedule. See A4.009 in Appendix A to this code. (b) A person seeking a special event permit shall file an application with the city upon forms provided by the city. The special event manager shall ensure that other licenses and permits, CITY OF ANNA ORDINANCE NO., 115 9 - ao.1s - 0 7 PAGE 4 OF 18 EXHIBIT A — page 5 restrictions, regulations, fees for the city services, safeguards or other conditions deemed necessary by individual city departments for the safe and orderly conduct of a special event be requested, submitted and approved before the permit is granted (by way of example, health permit applications, agreement with police department for police coverage, agreement with fire department for fire and emergency services, and/or agreement with public works department regarding costs associated with street closures). (c) (1) A permit application for a parade or special event shall be made not less than 60 days prior to the date and time of the commencement of the parade or special event. (2) Parade or special event permit applications will be processed on a first come basis and no parade or special event will be considered an annual event tied to a specific date. Parade or special event permit applications will not be accepted more than a year in advance for a specific date. § 10.02.142. Contents of application. The application for a special event permit shall, at a minimum, set forth the following information: (1) the name, address, telephone number, and state identification or driver's license number of the person seeking to conduct the event; (2) if the event is to be held for or by an organization, the name, address, and telephone number(s) of the headquarters of the organization and the authorized and responsible heads of such organization; (3) if the event is to be held by or for any person other than the applicant, the applicant shall file a written statement from that other person showing authority to make the application; (4) the name, address, telephone number, and state driver's license or identification number of the person who will be the event chairman and who will be responsible for its conduct; (5) the name, address, telephone number, email address, and driver's license number of the property owner(s) authorizing the use of the property for a special event; (6) the proposed location and parking areas for the event; (7) the approximate number of persons who are attending, including peak attendance and duration of peak and, if applicable, the number and types of animals and vehicles which will constitute such event; (8) the location and size of tents, awnings, canopies, food service booths, stage, sound system, merchandise booths, barricades, traffic cones, proposed structures, fences, signs, banners, restroom facilities, or other temporary structures and features shall be shown; (9) details for any planned signage shall be included, (10) when loudspeakers/stage sound system will be used, the location and orientation of those speakers shall be shown; CITY OF ANNA ORDINANCE NO., 1151- g®.P5-01 PAGE 5 OF 18 EXHIBIT A — page 6 (11) the time at which on -site activities in preparation for the event will begin; (12) the date(s) and time(s) the special event will start and terminate; (13) a description of the parade or special event and the requested dates and hours of operation of the parade or special event; (14) the time and location of street closings, if any are requested for the parade or special event; (15) details of how the applicant/promoter will clean up the area used after the parade or special event; (16) the parade's commencement and termination time, the starting and termination points, and the specific route to be traveled provided in written format including detailed directions as well as in an illustrated map format; (17) a schedule of the order of parade participants; (18) the estimated number, if any, of animals, animals and riders, animal -drawn vehicles, floats, motor vehicles, motorized displays, and marching units or organizations such as, but not limited to bands, color guards, and drill teams; (19) if the event is to be held on private property, written permission shall be provided with contact information for the holding of the event from the owner of the property or his authorized representative; (20) an itinerary for all activities occurring during the special event; (21) admission pricing; (22) list of vendors and merchandise, food or alcoholic beverages to be sold including name, address, phone number, insurance coverage certificates, required permits, of the vendors; (23) list of live entertainment to be provided; (24) requirement for electricity, water, and other utilities; (25) list of vendors and program for fireworks and/or pyrotechnic display(s); (26) list of aerial events (including but not limited to helicopters and hot air balloons) to be provided. aerial events are subjectto fire department review and approval, liability insurance requirements, and inspection permits; (27) list of amusement/carnival rides and attractions. carnival rides and activities are subject to fire department review and approval, liability insurance requirements, and inspection permits. the estimated number of persons to participate in the parade or special event, (28) prior approval by the Neighborhood Services department to use the park facilities for a special event, if applicable; CITY OF ANNA ORDINANCE NO., I Isq - aoa5-Q7 PAGE 6 OF 18 EXHIBIT A — page 7 (29) copy of contract, agreement, or details outlining arrangement between applicant and promoter upon request; (30) copies of permits and agreements with all city departments shall be included with the application for a special event permit; and (31) any other information which the city shall find necessary relating to public health, safety and welfare. § 10.02.143. Standards for issuance of special event permits. (a) When considering approval of a permit application, the special event review committee and/or special event manager may consider (without limitation) the following factors: (1) whether the permit application allows for ample opportunity to properly plan and prepare for the parade or special event; (2) whether police, fire and other city services will be unduly burdened or adversely affected by the parade or special event; (3) whether the parade or special event is reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or create a disturbance; (4) whether the special event will substantially interrupt the safe and orderly movement of traffic near its location or route; and (5) whether there will be adequate sanitation and other necessary public health facilities in or adjacent to any public assembly areas. (b) The applicant/promoter should consider the parade or special event approved upon receipt of the permit application indicating approval executed by the special event review committee or special event manager prior to the start of the special event for (without limitation) the plans described below. (c) The city, by approving such plans, assumes no liability or responsibility therefor. (d) The special event review committee and/or special event manager may prescribe licenses and permits required by other city ordinances, or applicable law, restrictions, regulations, cost for city services, safeguards, and other conditions necessary for the safe and orderly conduct of a parade or special event, to be incorporated into the permit before issuance. (e) The special event review committee shall provide the special event manager the estimated cost for city services provided by their respective department to ensure the safe and orderly operation of the parade or special event. The special event manager will prepare and provide the applicant/promoter with an invoice detailing these estimated costs. Payment will be required not less than five business days prior to the date of the parade or special event. If the actual costs for city services are less than estimated, the city will issue a refund to the special event applicant/promoter no less than two weeks after the special event. Prior to CITY OF ANNA ORDINANCE NO., 115 4 - Oo,2 5 -0 7 PAGE 7 OF 18 EXHIBIT A — page 8 the issuance of a permit and within ten (10) days of receiving the form establishing additional required fees, the applicant shall agree in writing to pay the costs to the city - approved outside contractors for costs associated with the event. Applicant shall pay the contractors on the day(s) the services are performed. (f) Special events and parades sponsored by the city or school district(s) within the city will be exempt from fees associated with this article. Certain nonprofit organizations will not be exempt from fees associated with this article. Reduced or waived fees and/or free use of facilities may be granted to community -sponsored groups, nonprofit organizations, and governmental entities including but not limited to: (1) Anna Independent School District; (2) Anna Parent Teacher Associations; (3) Greater Anna Chamber of Commerce; (4) Anna Community Development Corporation: (5) Anna Economic Development Corporation; (6) Anna Fire and Police Associations; (7) Anna Area Historical Preservation Society; (8) Anna Area Rotary International; (9) Anna Boy Scouts of America; (10) Anna Girl Scouts of the USA; (11) Anna fire protection associations; and (12) other community sponsored non-profit groups as approved by the City Manager or designee. (g) Special events and related functions, activities and services associated with the types of organizations listed in the foregoing subsection may be approved by the city manager or the city manager's designee. The city manager may require such organization to provide a written statement detailing the positive public service and legitimate public benefit provided to the community. Any reduction or waiver of fees or charges is at the city's discretion and all other city regulations related to special events shall be applicable. (h) Upon review and written approval of the police chief, the special event manager may provide for the issuance of permits for the use of golf carts, all -terrain vehicles, or similar vehicles for use at special events or parades. Application for use of described vehicles shall identify who the drivers will be and the number of vehicles. Such use shall be limited to those times and places indicated on the permit. § 10.02.144. Denial or revocation of a parade or special event permit. (a) The special event manager may deny a special event permit if: (1) the event will conflict in time and location with another event for which a permit has already been granted; CITY OF ANNA ORDINANCE NO., 1159 - ,20; 5 '0 % PAGE 8 OF 18 EXHIBIT A — page 9 (2) the applicant/permittee/promoter fails to comply with, or the proposed parade or special event will violate an ordinance of the city or any other applicable law, unless prohibited conduct or activity would be allowed under this article; (3) the applicant makes or permits the making of a false or misleading statement or omission of material fact on an application for a special event; (4) the applicant has been convicted of violating this article, or has had a permit revoked within the preceding 12 months or fails to pay a special event fee; (5) the applicant fails to provide proof of a license or permit required by this article or another city ordinance or by state law; (6) the event, in the opinion of a majority of the special event committee members, would severely hinder the delivery of normal or emergency services or constitutes a public threat; (7) the applicant submits an incomplete application or fails to pay any special event fees; (8) if a parade crosses or uses as a route, or as part of a route, any of the following: (A) US 75; (B) F.M.455; (C) The Outer Loop (9) the event will unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available; or (10) the event begins and/or ends outside the city limits, unless or until the applicant/ promoter receives approval from the adjacent city or county jurisdiction where the parade or special event begins or ends. (11) 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 event; (D) emergency vehicle access; or (E) safe sanitary conditions for preparation or operation of food concessions. (12) the applicant/promoter fails to provide a certificate of liability insurance naming the city as an additional insured in the amount designated by the human resources/risk management representative to the special event review committee and/or special event manager. applicant/promoter must also provide the certificate of liability CITY OF ANNA ORDINANCE NO., 115 q- A 0 25- 07 PAGE 9 OF 18 EXHIBIT A —page 10 insurance and an endorsement agreement not less than ten business days prior to the date of the parade or special event; (13) the applicant/promoter fails to provide proof that he possesses or is able to obtain all licenses and/or permits required by this code or other city ordinances or by other applicable law for the conduct of all activities included as part of the parade or special event; (14) the applicant/promoter fails to notify the businesses affected by the parade or special event, in writing, of street closures ten days prior to the event; (15) the applicant/promoter fails to submit the required fees and agrees in writing to reimburse the city for the estimated costs for the proposed parade or special event; or (16) the proposed parade or special event would unduly burden city services. (b) Should the applicant/promoter for a parade or special event permit reveal that the route requested would unreasonably interfere with the orderly flow of vehicular and pedestrian traffic taking detours or alternate routes into consideration, the special event review committee shall have the authority to establish a reasonable alternate route and regulate the width of the event. (c) The special event manager or other designated city official shall revoke a special event permit if: (1) there are findings that any of the provisions of this article, another city ordinance, or state law is being violated; (2) in the judgment of the special event manager, a violation exists which requires immediate abatement; (3) the applicant made or permitted to be made a false or misleading statement oromission of material fact on an application for a special event permit; (4) the applicant fails to comply with the special event permit, an ordinance of the city, or any other applicable law; (5) the applicant/promoter failed to provide a certificate of liability insurance and endorsement agreement naming the city as an additional insured in the amount designated ten days prior to the event; (6) the applicant/promoter failed to pay any outstanding fees or estimated costs owed to the city for the parade or special event permit; or (7) the parade fails to begin in a timely manner as determined by the police chief, fire chief, special event manager, or their designees. § 10.02.145. Appeals of denial or revocation. CITY OF ANNA ORDINANCE NO., 1151 -a o q 5 - 0 7 PAGE 10 OF 18 EXHIBIT A —page 11 If the special event manager or the special event review committee denies the issuance of or revokes a permit application, the special event manager shall send to the applicant or permit holder, by certified mail, return receipt requested, written notice of the denial or revocation, and of the right to an appeal. The applicant will be refunded one-half of the committee review application fee only when an alternate date for the parade or special event is not viable. The decision of the special event manager or special event review committee is final unless the applicant/promoter or permit holder appeals the decision within three business days to the city manager, in writing. The city manager shall, within three business days after the appeal is filed, consider all the evidence in support of or against the action appealed and render a decision either sustaining or reversing the denial or revocation. The decision of the city manager shall be final. § 10.02.146. Term. The permit shall identify the length of the event granted under the terms of this article and shall not exceed a period of 14 days. Special event assembly and disassembly shall occur within the specified term. § 10.02.147. Previously Issued Permits. Special event permits issued before the adoption of this division shall be considered valid and shall not be required to meet all of the requirements of this article; provided, however, that the city manager may make changes to the permit upon request of the applicant including without limitation changing the date, time, and place of the event. § 10.02.148. through 10.02.160 reserved. Division 6 Conduct and Required Facilities § 10.02.161. Notice to abutting property owners. The special event manager shall have authority to require that applicant/promoter/licensee send notices of upcoming events to abutting property owners when, in his judgment, the event is of a scope and nature that will impact those owners. § 10.02.162. Parking requirements. (a) The applicant shall submit evidence that sufficient parking has been provided to accommodate the projected number of users with a 10% surplus. If said parking is to be on private property adjacent to the event, written evidence that the applicant has a right of possession of said property through ownership, lease, license, or other property interest must be provided. When the location is not an established parking area, a plan shall be submitted which will show how the needed parking will be achieved and arranged. The number of parking spaces and layout of parking area, including aisle widths and size of parking spaces, shall be included in the submittal. (b) When adequate parking is not available at or immediately adjacent to the site of the event, off -site parking may be used. Plans shall be submitted which will show how off -site parking CITY OF ANNA ORDINANCE NO., 1154- 2 015 -p 1 PAGE 11 OF 18 EXHIBIT A — page 12 and transfer of attendees will be accomplished. This section shall not apply to events wholly contained on the downtown historic square. § 10.02.163. Authority of city to restrict or prohibit parking along streets. The city shall have the authority, when reasonably necessary as determined by the police department, to prohibit or restrict the parking of vehicles along a street or highway or part thereof adjacent to the site of the special event. The city may give notice or post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. § 10.02.164. Trailers or other vehicles occupied as living quarters. Trailers or other vehicles may be temporarily occupied as living quarters at the site of such events. Such vehicles and trailers shall be parked not less than 300 feet from any residential district, and may not be placed within a fire lane or otherwise hinder the adequate access of emergency personnel. Additionally, such vehicles and trailers shall not discharge any water or wastewater and must be located on a suitably paved surface. § 10.02.165. Amusement rides. Rides and/or attractions associated with special events shall conform to the statutory rules and regulations set forth in Texas Occupations Code, chapter 2151, designated the Amusement Ride Safety Inspection and Insurance Act, as amended. § 10.02.166. Hours of operation. A special event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily. The special event manager may waive the time limit on certain events when good cause is demonstrated by the sponsors. Appeals of time limit restrictions shall be heard in accordance with § 10.02.145. 10.02.167. Fire protection; tents and temporary structures. Any special event which includes the use of a tent, canopy, or temporary structure shall meet the requirements in the fire code or other relevant safety codes adopted by the city. Fire lanes for emergency equipment must be provided and the site prepared in a manner so as not to be a fire hazard as determined by the fire chief. § 10.02.168. Food service. Where food service is provided, said operation shall be in compliance with all provisions of the food establishment ordinances of the city, as well as all other applicable state and local laws. § 10.02.169. Sanitary facilities. Portable sanitary facilities shall incorporate wash stations and shall comply with the Special Events Contingency Planning Job Aids Manual FEMA IS-15 and the Americans with Disabilities Act. However, no less than two (2) portable type sanitary facilities shall be provided on the premises, or such additional units as may be determined necessary by the city. CITY OF ANNA ORDINANCE NO., 115 q- ao3 5 -a 7 PAGE 12 OF 18 EXHIBIT A —page 13 § 10.02.170. Animal waste. Waste from animals used in any such event shall be removed daily from the grounds. Should animals be kept within the city limits at night, they shall be kept not less than 300 feet from any developed residential or commercial districts. § 10.02.171. Water use; disposal of wastewater. (a) Any special event or related activity desiring use of water from the city water system must coordinate with the utility operations department to obtain a temporary meter. Deposit for the meter and payment for water used shall be in accordance with ordinances of the city. (b) The applicant shall submit a plan for the disposal of wastewater and the plan shall be approved by the city. § 10.02.172. Solid waste dumpsters. Commercial solid waste dumpsters sufficient for the size of the event must be provided on site at all outdoor special events. Applicants should arrange for the provision of such dumpsters with the commercial solid waste disposal company currently under service contract with the city. § 10.02.173. Loudspeakers. When loudspeakers will be used in conjunction with a special event, the location and orientation of speakers shall be indicated along with the planned hours of use. Speakers which are positioned so as not to adversely affect an adjacent residential district may be used between the hours of 7:00 a.m. and 10:00 p.m. when a special event permit has been obtained. Any use of loudspeakers other than described shall first obtain the approval of the special event manager. § 10.02.174. Signs. Signage used in accordance with the event shall comply with applicable sign regulations of the city under the provisions for promotional signage. Signs advertising the event or directing potential participants to the event site are expressly prohibited from placement in the city rights - of -way. § 10.02.175. Alcoholic beverages. Sales or service of alcoholic beverages must be in compliance with all applicable provisions of this code and with all applicable provisions of the Texas Alcoholic Beverage Code and rules promulgated by the Texas Alcoholic Beverage Commission. § 10.02.176. General operating of parade or special event. (a) A parade or special event shall not substantially interrupt the safe and orderly movement of traffic near the block party, parade or special event. (b) The city has the right (but not the obligation) to postpone, cancel or close early the parade or special event because of hazardous weather or other acts of God or for public safety and CITY OF ANNA ORDINANCE NO., 115 9 - .10 � 5 - 0 7 PAGE 13 OF 18 EXHIBIT A — page 14 welfare. The city shall have no liability for such postponement, cancellation, or closure. Further, the city shall have no liability from the failure to postpone, cancel, or close early the parade or special event under such conditions. (c) A parade shall move from its point of origin to its point of termination without unreasonable delays enroute. (d) Any child participating in a parade or special event must have adult supervision. (e) Each marching unit, organization or entry in the parade will only be allowed to conduct one stationary performance at a specified and approved location during the parade route. (f) A parade or special event shall not interfere with proper fire and police protection of, or ambulance service to, areas near the block party, parade or special event or unreasonably require the diversion of police and fire protection and ambulance service from other parts of the city. (g) A permit holder shall comply with all directions and conditions contained within the permit and with all applicable city ordinances and other applicable laws. (h) The city, when reasonably necessary, may prohibit or restrict the parking of vehicles along a street or highway or part thereof on a parade route or part thereof or on the approach to a parade or special event. The city shall post notice to such effect; and it shall thereafter be unlawful for any person to park, leave, or strand any unattended vehicle in violation thereof. (i) The city, when reasonably necessary, may temporarily close or restrict the use of city streets or other public property for a parade or special event. The director of engineering is authorized to install temporary traffic -control devices for the temporary closure or restriction of city streets and public property for parades or special events. It shall be unlawful for any person to disregard or disobey any such temporary traffic -control device. (j) The city, when deemed necessary, may require the applicant/promoter of a parade or special event to utilize chip timing. (k) The driver of any vehicle shall obey the instruction of any traffic -control device applicable thereto placed in accordance with the city code or the state Transportation Code, unless otherwise directed by a police officer. (1) Speeds of a parade vehicle greater than ten (10) miles per hour are not reasonable and prudent. A person operating a parade float or other parade vehicle at a speed greater than 10 miles per hour is subject to removal from the parade by a police officer or other parade official. (m) Operators of parade floats and other parade vehicles will make every attempt to keep a maximum of 30 feet between their float and the float operated directly in front of them. Operators of parade floats and other parade vehicles that continually lag behind the steady course of the parade or are operated in a reckless or dangerous manner may be removed from the parade by a police officer or other parade official. CITY OF ANNA ORDINANCE NO., 115 9 - �2 015 - 07 PAGE 14 OF 18 EXHIBIT A —page 15 (n) Operators of specialized vehicles or performance -enhanced vehicles in the parade are subject to laws set forth in the state Transportation Code as they relate to the safe operation of motor vehicles, especially section 545.401, reckless driving; offense: (a) A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property. Additionally, any operator of a vehicle participating in an exhibition of acceleration will be cited by law enforcement officers and immediately removed from the parade. (o) Riders of floats must keep all appendages contained within the float and away from any and all wheel wells. (p) Decorations, equipment and paraphernalia must be firmly attached to the float or deemed safe by city personnel enforcing this article. (q) The throwing, tossing, or distribution of candy, beads, or other material from a parade float or other vehicle is specifically prohibited. Candy, beads, or other material may be distributed to spectators by walkers adjacent to parade floats or other vehicles provided that such distribution does not interfere with the orderly movement of the parade and no spectators are required to move into the parade path to retrieve said material. Any violation of this provision will result in the parade float or vehicle removal from the parade. (r) All floats or decorated vehicles utilizing portable generators shall carry a 2A:10BC fire extinguisher with a current inspection tag. (s) Float length shall not exceed 55 feet, including the tow vehicle, nor shall the width or height exceed 14 feet. (t) The rider or person in control of any animal shall obey the instruction of law enforcement personnel as well as any traffic -control device set up for the parade. (u) All horses/animals and riders participating in a parade or special event must be able to perform to an acceptable level of desensitization on the part of the horse(s) or animal(s). Horses/animals must demonstrate that they do not have any uncontrollable "fight or flight" mechanisms when around crowds, noises, flags, and numerous distractions that are possibly around or close by the horses at such events. It is the responsibility of the rider to ensure the horse(s) or animal(s) can perform to an acceptable level. (v) All horse riders who wish to participate in any parade or special event in the city shall attend a preparade planning meeting. Failure to attend shall eliminate the rider or group of riders from participating in that particular parade or special event. (w) All riders shall sign a standard liability release, which will be collected by city representative(s) at the preplanning meeting. (x) All riders must also show their ability to handle their mount in activities such as a parade or special event where there are crowds and distractions. The actions of any animal entered into a parade or special event are the responsibility of the rider/keeper. If an animal displays CITY OF ANNA ORDINANCE NO., 1I 5 9 - go .15 - o I PAGE 15 OF 18 EXHIBIT A —page 16 behavior that seems to jeopardize the safety of parade entrants or bystanders, the animal will be subject to removal from the parade or special event by parade officials. (y) Riders 12 years of age and up to 16 years of age must show an acceptable ability to handle their mount at such events and under the conditions stated above. There must be a ratio of 2:1 17 year olds or older for every 12-16 year old rider in the parade. Additionally, horses ridden by 12-16 year olds must have either a "catch rope" assembly or halter and lead rope rigging attached to the horse during the course of the event to aid in gaining control of the horse immediately if the horse were to show signs of becoming uncontrollable. Riders of this age group must have either an experienced horseman/horseperson by them at all times during the parade or special event either on horseback or walking whereas this person can take immediate control of the horse using the catch rope or halter/lead rope device ensuring the safety of the rider and individual(s) that might be in close proximity to the horse(s). (z) Riders under 12 years of age will not be allowed to handle or ride full grown and mature horses at parades or special events. The only exception that would be considered by the special event manager would be where riders under the age of 12 are paired up and riding very small ponies; i.e., Shetland ponies and where such a rider has an experienced horseman/ horseperson by their side at all times and the ponies are equipped with "catch rope" or halter/ lead rope assemblies. (aa) The applicant shall provide a list of participants and proof of insurance liability that would cover the rider and horses as well as the city from any liability resulting from any incident that might occur during the parade or special event ten days prior to the special event or at the preparade planning meeting. (bb) Each equestrian/animal unit shall provide their own cleanup crew and equipment. The cleanup crew shall be positioned directly behind the unit. § 10.02.177. Liability insurance. (a) When a special event or parade as defined in this article is partially or fully contained on the city rights -of -way or property(s), the applicant for a special event permit shall furnish the special event manager with a certificate of insurance complying with standards established by the city manager and this article. Insurance shall include property, bodily injury, and municipal liability coverage. The city must be shown as an additional named insured party on the insurance declaration. One (1) original copy of insurance must be submitted at least thirty (30) days prior to the special event and/or parade. (b) The city shall have the right to lower, waive, or increase the public liability insurance limits based upon the type of event, equipment, machinery, location, number of people involved and other pertinent factors or risks associated with the event. (c) An applicant shall have the right to show cause why the insurance requirement should be reduced or waived, and to present such request to the special event manager. Upon receipt of such request, the special event manager shall consult with the city manager or his CITY OF ANNA ORDINANCE NO., 1 1 5 1 - =l 5 - 0 7 PAGE 16 OF 18 EXHIBIT A —page 17 designee. The city shall respond to an applicant's request for lower insurance or waiver within five days from the date of request. (d) If a mutually agreeable insurance limit cannot be agreed upon, the application shall be considered denied. § 10.02.178. Indemnification of city. When a special event as defined in this article is partially or fully contained on city property, the applicant for a special event permit shall sign an agreement provided by the city to indemnify and hold harmless the city, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the special event. § 10.02.179. Surety bond. (a) When a special event as defined in this article is partially or fully contained on city property, a surety bond shall be deposited with the city in the amount of $10,000.00 conditioned that no damage will be done to the city property, streets, sewers, trees, irrigation system, or adjoining property and that no dirt, paper, litter, or other debris will be permitted to remain upon the city property or streets or upon any private property by the applicant. The surety bond shall be returned to the permittee within ten days after said permit expires upon certification by the special event manager that all conditions of this article have been complied with. Should actual costs for policing, repairs of damages, and cleaning not exceed this amount, the remainder shall be reimbursed to the permittee by the city. In the event that actual costs exceed this amount, the permittee shall pay such additional sum to the city within ten days from the date of notification. If that amount is not paid, no future permits shall be issued to the same permittee for a period not to exceed two years and until said amount is paid. Nothing herein shall preclude the city from enforcing any legal or equitable remedy against the permittee in addition to the bond. The applicant shall have the right to show evidence why the bond should be lowered or waived to the special event manager. Appeals shall be heard in accordance with provisions of this article. (b) When an event is fully contained on private property, all paper, litter, or other debris shall be removed from the event site within three (3) days. If after the third day the event site is not cleaned to the satisfaction of the special event committee, a citation may be issued. If the city incurs costs for cleaning, the entire amount shall be reimbursed. If a citation is issued or the city incurs costs for cleaning, no future permits shall be issued to the same applicant/ permittee/promoter for a period not to exceed two years. Nothing herein shall preclude the city from enforcing any legal or equitable remedy against the applicant/permittee/promoter. Appeals shall be heard in accordance with provisions of this article. § 10.02.180. Violations. CITY OF ANNA ORDINANCE NO., 115 9- .20; 5 - o 7 PAGE 17 OF 18 EXHIBIT A — page 18 (a) A person commits an offense if she/he commences, aids, or holds a special event or parade without a permit, with a permit that has expired or been revoked, or fails to comply with any requirement or condition of a permit of this article. (b) A culpable mental state is not required for the commission of an offense under this article. (c) It is determined that this section governs public health, safety and welfare, including fire safety, and therefore any person who violates a provision of this article shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall be deemed to constitute a separate offense. (d) In addition to the penalties set forth above the city may seek injunctive relief in a court of competent jurisdiction for the purpose of enforcing this article. CITY OF ANNA ORDINANCE NO., 1159- aoa5 - 0 i PAGE 18 OF 18 SPECIAL EVENT PERMIT APPLICATION THE CITY OF manna Neighborhood Services 120 W. 7th Street Anna, TX 75409 469-885-9391 To ensure the date is available for your special event please complete the application and submit it no later than 60 days prior to the event. Additional information may be requested as the event approaches. Please contact the Neighborhood Services Department with any questions. Applicant Name: DL/State ID: Address: City: State: Zip: Email: Mobile: Organization: Authorized Contact: Address: City: State: Zip: Email: Mobile: Phone#: Event Chairman: Address: City: State: Zip: Email: Mobile: Date: Application: $50 (non-refundable)/Deposit: $300 (refundable) EVENT INFORMATION Event Name: Estimated Attendance: Event Date: Start Time: End Time: Event Set -Up Date: Start Time: End Time: Event Tear Down Date: Start Time: End Time: Reservation Location: Street Closure: Reservation Time Block: Description of Event (Type of activity): Will Food and/or Beverages be on -site for the activity? ❑ Yes ❑ No Will Alcohol be served or sold? ❑ Yes ❑ No Please list and describe all activities, aerial events and structures (bounce house, tents, music, live entertainment, sports, games, carnival rides, attractions, etc.): SELECT ALL THAT APPLY: Type of Event: ❑Carnival/Fair ❑Amusement Ride/Bounce House ❑ Block Party Admission: ❑Free Event Vendor Booth: ❑Food/Drink ❑Run/Bike Ride ❑Games/Craft/Arts ❑Firework Show ❑ Movie ❑Dance ❑Parade ❑Aerial Event El Other ❑Ticketed Event Admission Pricing: ❑Food Truck ❑Merchandise ❑Stage ❑Tent ❑Generator(s) ❑Fencing ❑Street(s) Closure Amplified Sound: ❑Yes ❑No If yes, what type: ❑Live Music ❑DJ ❑Radio ❑Loudspeakers ❑Other *The proposed location(s) must be indicated on the event site plan. SITE PLAN A preliminary site plan and/or route map must be submitted with the application. Areas to include on the map: stages or structures, vendor booth, food area, restroom area, any road closures or barricades, first aid stations, fire lanes, fire/EMS entry and exit access points, public entry and exit access points and parking, amusement locations, kid's zone and street closures. Areas to include for races: start and finish line, the proposed location and/or route. (Each department may require additional information to be placed on the map). *If a Parade, provide detailed directions for Parade as well as a site plan. PARKING Proposed Parking Location Plan: Describe the area requested including specific location, access, and handicapped parking spaces, and who will manage coordination. Applicant must submit written permission if using private property for parking. Parking location(s) must be indicated on the site plan. *If a Parade, attach order of parade participants, itinerary for all activities, and the estimated number if any, animals, riders, animal drawn vehicles, floats, motor vehicles, motorized displays, and marching units or organizations such as but not limited to bands, color guards, and drill teams. TRASH/SANITATION/PORTABLE RESTROOMS Explain how sanitation will be managed before, during and after the event. SIGNAGE DETAILS Location and detail of how the signage will be managed before and after the event. ELECTRICAL, WATER AND UTILITY SERVICES Explain how electrical, water and utility services will be managed before, during and after the event. LIST OF VENDORS AND/OR LIVE ENTERTAINMENT List of vendor(s) and merchandise, food or alcoholic beverages to be sold including, name, address and phone number. FIREWORKS, PYROTECHNICS DISPLAY AND OR AERIAL EVENT List of vendor(s), site plan and how fireworks, pyrotechnics display and/or aerial event will be managed before, during and after the event. SPECIAL EVENT REGULATIONS Booths, Tents, or Canopies: If your event will include any tents or canopies, please provide a copy of the "Certificate of Fire Retardant" for each such device when submitting the permit application. H:/Master Forms/Fire Protection Permit Application (updated 05/13/25) SW All booths that will be cooking on -site, must meet all applicable fire codes for the City of Anna. Fire extinguishers must be supplied and are required for entry. Food and Beverages: All vendors must be in compliance with all state, county and local regulations. A copy of appropriate licenses should be on site during the event. The Applicant shall provide with this application a list of all food and beverage vendors participating in the event so that the vendors can be pre -approved through the City of Anna Code Compliance Division. Proof of compliance must be submitted 2 weeks prior to the event. City -of -Anna -Food -Establishment -Permit Alcoholic Beverages: Alcohol consumption or sales is prohibited on City property including parks, a public street, sidewalk or parking area adjacent to a public park, unless expressly authorized by the written permission of the City Council authorizing consumption of alcohol in connection with an approved Special Event. Security, Crowd Control, and Traffic Control: The applicant may be required to provide police officers for security, crowd control, and traffic control at the Special Event. Expenses for the Officers will be paid by the event organizers. The total number of police officers working the Special Event is determined by the City of Anna Police Chief. Planning variables include: the estimated number of people, the availability of alcoholic beverages, topography and size of the event, weather conditions, the time of day during which the Special Event is held, the need for street closures or re-routing of vehicular or pedestrian traffic, and the history of the Special Event. Insurance: Insurance is required for all special events. The City reserves the right to review and determine amount of coverage required based on level of activity and other factors at the Special Event. Each policy will name the City of Anna as an additional insured and a copy of the Certificate of Insurance will be submitted 10 business days before the event start date. Indemnity Agreement: As a condition of the Special Event Permit being issued, the Applicant acknowledges that he/she has voluntarily applied for a Special Event Permit that in consideration of the privileges associated therewith, Applicant agrees to PROTECT, DEFEND, INDEMNIFY, RELEASE, and HOLD HARMLESS, the City of Anna, its officers, agents, and employees, from and against any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated with, or in connection to the Special Event, including but not limited to losses, damage, or liability on account of injury, death or otherwise, to any person or damage to any property, arising from any act, error or omission of the undersigned, or its officers, employees, volunteers, or agents. Applicant agrees that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Submittal Requirements: 1. Completed application with signatures and contact information. E 2. Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008; Create a user account and select special event here Catalog - Anna, TX to pay application and deposit fee. Cr 3. Event site plan. ce 4. Statement of Intent to obtain Insurance and/or Proof of Insurance. (A copy of the Certificate of cc Insurance with the City of Anna listed as the additional holder is due a minimum of 10 business days before event start date). Failure to provide the certificate of insurance may result in cancellation of the cn event. 5. List of event details, vendors and current license(s) copy of current license(s) from vendor(s). a I do solemnly swear (or affirm) that all the answers given and statements made on this application and supporting documents are full, true, and correct. I have been given a copy of the Anna City Code Ch. 10, Art. 02, Div. 4 and have read the provisions contained therein and agree to abide by them. City of Anna, TX Special Events ❑ I have read through all the regulations and requirements and agree to submit all documents required. Applicant Na Signature:_ Date: For Office Use Only: Date Application & Deposit Received ($300): Date Application Fee Received ($50): Received By: Received By: Check # Check # Receipt # Receipt #: Required Documents Rec'd: El Completed Application ❑ Insurance ❑Alcohol Request (optional) ❑ Other: ❑ Food Vendor List ❑ Sound System ❑ Site Plan ❑ Approved by: El Permit Issued Date: