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For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
Applicant.
A person who has filed a written application for a special event permit.
Chief of police.
The chief of the city police department or their designee.
Event.
A cumulative term that means and refers to any or all special events, races, parades, or any combination thereof.
Fire chief.
The chief of the city fire department or their designee.
First amendment activity.
A range of public assemblies, meetings, demonstrations, religious activities and other public expressions of view not otherwise addressed herein.
Host provided event.
An event for which the person hosting the event brings alcohol for distribution to attendees.
Parade.
Any march or procession consisting of people, animals, vehicles of any type, or a combination thereof, upon any public street, sidewalk, or alley or combination thereof, which does not comply with normal and usual traffic regulations or controls.
Participant.
A person who administers, organizes, assists, marches, or otherwise directly or indirectly participates in a special event.
Permittee.
The person granted a special event permit.
Race.
A competition or series of competitions of speed or endurance between humans, motorized or nonmotorized vehicles, or animals over a specified course or distance.
Special event.
A preplanned, single gathering event or series of related gatherings of people or attractions for a common purpose, including but not limited to, street fairs, arts and crafts shows, carnivals, circuses, rallies, public entertainments, or other similar events. Special events are conducted primarily outdoors in public locations and may interfere with normal flow or regulation of pedestrian or vehicular traffic, and may require special city services, including but not limited to, street closure, provisions of barricades, special parking arrangements, special electrical services or special police or emergency services. The term does not include events held in residential structures, licensed premises, buildings not owned or controlled by the city, gatherings for athletic events that are held in facilities designed for athletic events.
Special event permit.
A written authorization from the city administrator or designee to hold the requested event.
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21)
(a) 
It shall be unlawful for a person to be a participant in a special event unless a special event permit has been obtained from the city.
(b) 
It shall be unlawful for a participant to fail to comply with the terms and conditions of a special event permit and any other applicable laws or ordinances.
(c) 
Exception: A special event permit is not required for the following:
(1) 
An event conducted entirely on the property of an educational institution;
(2) 
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;
(3) 
Funeral or dignitary processions;
(4) 
Athletic events that are held in facilities designed for athletic events;
(5) 
City sponsored events; and
(6) 
First amendment activity conducted entirely on sidewalks or on private property.
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21)
(a) 
A person requesting a special event permit shall file an application and use agreement form with the city, on forms provided by the city, not less than forty-five (45) days before the date of the proposed special event.
(b) 
The applicant shall pay a nonrefundable application fee established in the city's adopted fee schedule, upon submission of an application to the city. The application fee may be waived for a nonprofit association holding an event. The application fee shall not be waived for any event involving alcohol sales and/or consumption.
(c) 
Any person violating this article may be cited and upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $500.00 for each offense.
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21; Ordinance 09-2022C adopted 9/20/2021)
(a) 
The application shall be promptly reviewed by the staff and the city administrator. The city administrator shall grant the permit if it is determined that the special event will not jeopardize public safety, health or welfare, or unduly disrupt traffic patterns; and if the applicant has complied with this article and all applicable laws and ordinances.
(b) 
The chief of police or fire chief shall review the application and may suggest and consult with the applicant on alternative times, routes, or other conditions of the special event. The chief(s) may specify in the permit reasonable rules and conditions affecting same so as to ensure the overall safety of the participants, citizens, and property, and to ensure the orderly movement of traffic in and near the special event area or route.
(c) 
A special event route shall not contain any portion of any state highway, unless a permit for the same event has been obtained from the state department of transportation and presented at the time of application. This provision shall not be construed to prohibit a special event route from crossing a state highway while traveling along or upon a street, road, or highway that is not a state highway.
(d) 
Staff may request a pre-event planning meeting with the applicant and city departments involved with the coordination and preparation of the event before the issuance of a permit to ensure a well-coordinated and successful production of the event.
(e) 
Upon proper application and determination by staff that the applicant has satisfied the applicable provisions of this article, the permit shall be issued to the applicant. The permit shall contain the following information:
(1) 
The date of the special event;
(2) 
The approximate starting and termination time of the special event;
(3) 
The minimum and maximum speeds to be traveled by any vehicles;
(4) 
The area or route where the special event will be conducted;
(5) 
The estimated number of persons, animals, and vehicles that will participate in the special event;
(6) 
Whether alcohol will be sold or distributed; and
(7) 
Any other rules, regulations, and conditions agreed to by the applicant or imposed in accordance with this article, including any bonding requirements or payment of additional costs.
(f) 
Staff shall act upon an application for a special event permit within ten (10) working days after filing thereof, provided the application is complete in all respects. An incomplete application shall be returned to the applicant with any deficiencies noted thereon. If the city administrator does not approve a completed application, staff shall notify the applicant, within fifteen (15) working days after the date upon which the application was filed, a notice of the decision, stating the reasons for denial of the permit.
(g) 
Once the special event permit has been approved and issued to the applicant, the applicant must deliver a written notice to all owners or occupants of real property abutting the boundaries of the area in which the event will be conducted. The notice must include the following information: event date, time, location, areas affected, and a statement that an application for a special event permit has been filed.
(h) 
Alcohol at special events:
(1) 
A nonprofit organization may permit the distribution of alcohol; however, the organization must obtain valid permit or license to sell or serve alcoholic beverages issued by the state alcoholic beverage commission (TABC) and shall follow all TABC rules and regulations associated with the permit. The permit must be posted at facility(s) where alcohol is served during the event and must be on file with the city.
(2) 
In host provided events, a host may only provide alcohol when guests are invited. Alcohol must be brought in by host at beginning of event. Any additional information the city finds reasonably necessary to administer this article.
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21)
The applicant shall have the right to appeal the denial of a special event permit, or the conditions, rules, and regulations imposed thereon, to the city council. The council shall hear the same as soon as is practicable. The city council may overrule, affirm, or modify the decision of the city administrator. The decision of city council shall be final.
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21)
A participant in a special event is responsible for post-event cleanup of all debris generated by the special event in the special event area, along its route, and all assembly areas.
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21)
If the city administrator determines that a special event requires the special attention and involvement of city personnel or facilities, the city administrator shall so notify the applicant. In such event, prior to the issuance of a permit for the special event, the applicant and the city administrator shall agree upon the cost of staffing/policing, sanitation, and any road closures, and the applicant shall pay that amount to the city prior to issuance of the permit. Further, as a condition for issuance of the permit, the applicant shall be required to agree in writing to pay to the city any additional costs incurred as a result of the special event within five (5) days of the date upon which the city informs the applicant of the amount of such additional costs.
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21)
(a) 
In the event the city administrator determines, upon review of the application, that a special event may involve explosives, damage or destruction of property, or any activity that would pose an unreasonable risk to persons or property, the city administrator may require a surety bond. A surety bond shall be deposited with the city in the amount of one hundred thousand dollars ($100,000.00) conditioned that no damage will be done to city property, streets, sewers, infrastructure, or adjoining or nearby property prior to issuance of the permit.
(b) 
The surety bond shall be returned to the permittee within ten (10) days after said permit expires upon certification by the city that all of the conditions of this article have been satisfied.
(c) 
Should the actual costs for any damage repair not exceed the amount of the bond, the remainder shall be reimbursed to the permittee by the city. In the event that actual costs exceed the amount of the bond, the permittee shall pay such additional sum to the city within ten (10) days from the date of notification.
(d) 
Nothing herein shall preclude the city from enforcing any other legal or equitable remedy against the permittee in addition to the bond.
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21)
The city administrator may deny, revoke, or modify the terms and conditions of the special event permit if the following conditions apply:
(1) 
On the day of the proposed special event, the conduct of the special event would require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas nearby as to prevent normal police protection to the city;
(2) 
The conduct of such special event would require the diversion of so great a number of fire trucks or ambulances as to prevent normal fire or ambulance service to portions of the city other than that to be occupied by the special event and affected areas nearby;
(3) 
The concentration of persons, animals, and vehicles at assembly points would unduly interfere with fire and police protection or ambulance service to areas near such assembly area;
(4) 
The conduct of such special event would unreasonably interfere with the movement of firefighting equipment enroute to a fire;
(5) 
The conduct of the special event is likely to cause injury to persons or property;
(6) 
The conduct of the special event would violate federal, state, or local law;
(7) 
The applicant failed to fulfill all of the requirements of this article, including all of the terms and conditions of the permit; or
(8) 
The special event, for any reason, poses an imminent danger to persons or property.
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21)
(a) 
The applicant and any other persons on whose behalf the special event permit application is made, by filing such application, do represent, stipulate, contract, and agree that they will jointly and severally indemnify and hold the city 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 permit or the conduct of the special event or its participants. Each application for a special event permit shall contain language in substantially similar form to the language contained in this section.
(b) 
No special event permit shall be issued unless the applicant therefor shall obtain a comprehensive general liability insurance policy, issued by an insurance company authorized to do business in the state, with coverage that includes the assembly area(s), the special event area or route, the disbanding area of the special event, and any other area used by the participants in the special event. The city shall be named as an additional insured on such policy. The policy limits of said insurance shall not be less than:
(1) 
Property damage, each occurrence: $300,000.00.
(2) 
Bodily injury or death, each person: $300,000.00.
(3) 
Each occurrence: $500,000.00.
(c) 
The city administrator shall have the right to lower or waive the liability insurance limits based upon the type of event. Factors the city administrator may take into consideration include the lack of equipment or machinery to be utilized during the special event, the location of the special event on a less-traveled roadway or otherwise having little impact on vehicular traffic, whether the anticipated attendance of the special event is low, and other pertinent factors.
(d) 
Prior to issuance of a permit for a special event, satisfactory proof that the required insurance has been obtained must be presented to the city. The requirement for satisfactory proof may be complied with either by providing the original insurance policy to the city or by furnishing to the city a certificate of insurance which meets the following specifications:
(1) 
The insurance policies issued shall be listed and for each policy, the type of insurance, policy number, expiration date and limits of liability shall be shown;
(2) 
The certificate shall designate the city as certificate holder and as an additional insured, and shall contain a statement to the effect that the policies listed are in force and that in the event of cancellation or any material change in any policy affecting the certificate holder, at least ten (10) days prior written notice will be given to the certificate holder;
(3) 
Below the schedule of insurance in force, the certificate shall include a statement substantially as follows:
“The comprehensive general liability policy listed above includes coverage of designated premises and coverage for contractual liability in compliance with the provisions of article 4.09, chapter 4 of the Code of Ordinances of the City of Caldwell, Texas, for a special event to be held on _____”; and
(4) 
The certificate shall be signed by an authorized agent of the issuing company or companies and shall have attached a copy of the document evidencing the agent’s authority.
(e) 
The requirements of subsections (b) and (c) of this section shall not be applicable to special events composed of pedestrians only and which do not include any vehicles, animals, explosives, or any planned activity involving the destruction or damage of property or persons. If vehicles only are to be included and the special event does not involve any purposeful damage or destruction of property, a motor vehicle liability insurance policy meeting the minimum requirements set forth in subsection (b) may be accepted in lieu of the insurance required in subsections (b) and (c).
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21)
(a) 
No person shall unreasonably hamper, obstruct, impede, or otherwise interfere with any special event or with any participant, animal, or vehicle participating or used in a special event.
(b) 
No driver of any vehicle shall drive between the vehicles or persons comprising a special event when such vehicles or persons are in motion and are conspicuously designated as part of a special event.
(c) 
The chief of police or fire chief shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a roadway or part thereof affected by a special event. The chief of police or fire chief may post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
(Ordinance 07-2021-01, sec. 3, adopted 7/20/21)