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HomeMy WebLinkAboutOrdinance - 8160-1981 - Amend. Sec. 18-3 Reg. Permits For Parades, Demonst. & Recreat. Lbk Street Uses. - 03/12/1981DGV:pc ORDINANCE NO. 8160 i, il,-"i/ . '?>-I ?--fl AN ORDINANCE AMENDING SECTION 18-3 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITS FOR PARADES, DEMONSTRATIONS AND RECREATIONAL STREET USES WITHIN THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE: PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council deems it to be in the best interests of the health, safety and welfare of the citizens of the City of Lubbock to regulate the conduct of parades, demonstrations and recreational street use by requiring a permit for those activities; and WHEREAS, the present City Ordinance regulating such activities is in- sufficient for such purpose; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 18-3 of the Code of Ordinances of the City of Lubbock BE and is hereby amended to read as follows: Sec. 18-3. Parades, Demonstrations and Recreational Street Use-- Definitions; Permit; Application; Issuance; Denial; Vio- lations. (1) Definitions. (a) Parade. Parade means any march or procession consisting of people, animals or vehicles, or a combination thereof, except funeral processions, upon any public street, sidewalk, or alley, which!. does not comply with normal or usual traffic I controls. (b) Demonstration. Demonstration means any gathering or procession of persons on any public street, sidewalk, City park or any other place held by the City for public use for the purpose of making known their opinion as to any event or matter. (c) Recreational Use. Recreational use means the use of a public street, sidewalk or alley, for purposes including, but not limited to, block parties, marathons, walkathons, bikeathons and similar recreational events, both charitable and non-chartiable, which do not comply with normal or usual traffic controls. (2) A person or organization promoting or sponsoring a parade, demonstration or recreational street use involving the proposed use of a street, sidewalk, City park or other place held by the City for public use shall apply for and obtain a permit for such activity from the City of Lubbock. (3) The application must be made on a form provided by the City Manager's Office and must be filed with the City ' . ' ~ . . ' '. ' - -' :,,. Manager or his designated representative not less than ten (10) days nor more than sixty (60) days before the proposed date of the parade, demonstration, or recrea- tional street use, and must: (a) contain the name, address and telephone number of the applicant; and (b) if the applicant is an organization, contain the name, address and telephone number of the person acting for the organization and responsible for the parade, demonstration or recreational street use; and (c) indicate the proposed date of the parade, demon- stration or recreational street use and the hours· at which it will begin and the approximate hour at which it will end; and (d) if the application is for a parade, indicate the proposed starting point, route and termination point; and (e) if the application is for a demonstration, indicate the place to which the demonstration is to be confined, or if applicable, the proposed starting point, route and termination point; and (f) if the application is for a recreational street use, indicate the nature of the street use, the place to which the recreational street use is to be confined, or if applicable, the proposed starting point, route and termination point; and (g) indicate the approximate number of persons and the kinds and approximate number of animals or vehicles expected to participate; and (h) be signed by the applicant or by the person named as acting for an applicant which is an organiza- tion. (4) The City of Lubbock shall provide two police officers for parades of two (2) hours or less duration and for recreational street uses involving one hundred (100) or less persons. Sponsors of parades of longer dura- tion or of recreational street uses involving more estimated participants shall be required to provide security for such event upon the basis of one (1) police officer or private security officer for each one hundred (100) persons or twenty-five (25) vehicles expected to attend. The two police officers provided by the City of Lubbock shall be counted as part of the total requirement. In the event that the sponsors desire to use private security officers, they shall be required to furnish written evidence from a state- •. (5) (6) (7) (8) certified security agency that arrangements have been made to furnish such security officers at the above ratio prior to issuance of a permit. Sponsors may elect to use City of Lubbock police officers for such service upon payment for such service prior to issuanc of a permit. If the application is for a parade or demonstration, the route shall be so planned as to not pass through intersections with a traffic volume of more than 30,000 vehicles per day during the hours 7:30 a.m. to 9:00 a.m., 12:00 noon to 1:00 p.m. or 4:30 p.m. to 6:00 p.m. on weekdays. A current listing of such intersections shall be kept 9n hand at the City Manager's Office and any applicant shall be notified immediately if his proposed route conflicts with this requirement. A non-refundable permit fee of fifteen dollars ($15.00 shall be tendered with each application for a permit for a parade, demonstration or recreational street use. If the proposed event is a parade or recreation street use proposed to be conducted for charitable purposes or for commercial profit, then the sponsors shall additionally be required to present written evidence that certified private security officers will be in attendance or to pay for the cost of security coverage by City of Lubbock police officers, which shall be the off-duty pay rate for a Lubbock Police Department patrolman for the number of hours such officer(s) shall be required. Such security shall be provided in acco~.dance with the ratio speci- fied in subsection (4) above. The City Manager or his d~signated representative shall consider each appli ation individually and shall issue a permit to a. applicant whose applicatio complies with subsections 12, 3, 4, 5 and 6 of this section within two (2) work~ing days after the date the completed application is filed. The applicant and the City Manager or hi designated representative may agree in writing to e~tend the time limit. At any time prior to a decision by the City Manager or his designated representat.~ve, the applicant may amend the application and ~he City Manager or his designated representative ~hall make a decision on the application as amended within two (2) working days after the date of the\ amendment. The City Manager or his de$ignated representative may deny a permit only under the following circumstances: (a) the applicant bas failed to supply the inform.a- '. ' . : . .. .. •. tion required in subsection 3 of this section, or, if applicable, the statement required by subsection 4 of this section, or, (b) if a parade, the applicant refuses to amend the route or time so as to comply with the provisions of subsection S of this section, or (c) the applicant has not paid the permit fee require by subsection 6 of this section, or (d) there is another parade, demonstration or recrea- tional street use already scheduled for the same time and place. (9) In an emergency and for good cause stated in the application, a person or organization may file an application less than ten (10) days before the pro- posed date of the parade, demonstration or recrea- tional street use. Good cause shall be deemed to be satisfied by a notarized statement that the failure to timely file was due to a cause beyond the knowledge or control of the applicant, which cause shall be stated in such statement. Except for the time of filing, late applications must meet all requirements of sub- sections 2, 3, 4, Sand 6. (10) An applicant who is denied a permit may appeal such denial to the City of Lubbock Permit and License Appeal Board for hearing in accordance with provisions of Chapter 2, Article XI, of the Code of Ordinances of the City of Lubbock, except that in the case of appeal pursuant to this section, the Permit and License Appeal Board shall hear such a appeal as soon as possible and not more than three (3) working days of notification to the office of the City Manager. Further, a decision in said matter shall be made by the Permit and License Appeal Board within twenty-four {24) hours of the close of said appeal hearing. The City of Lubbock agrees to expedited judicial deter- mination of the matter in the event the applicant is dissatisfied with the decision of the Permit and License Appeal Board. (11) A person who promotes or sponsors a parade, demon- stration or recreational street use that involves the use of a street, sidewalk, City park or other place held by the City for public use, which parade, demon- stration or recreational street use occurs without a permit having been issued therefor by the City of Lubbock shall be guilty of a misdemeanor. . . ' ' . . . ',{' . .. • t ' ... .. .,,\ { j. i. •. (12) A person to whom a permit has been issued who inten- tionally violates the terms of the permit shall be guilty of a misdemeanor. (13) A person participating in a parade, demonstration or recreational street use for which a permit has been issued who intentionally violates the terms of the permit shall be guilty of a misdemeanor. (14) A person who participates in a parade, demonstration or recreational street use on a public street, side- walk, City park or other place held by the City for public use when no permit for such activity has been issued and said person has knowledge of that fact shall be guilty of a misdemeanor. SECTION 2. THAT violation of any provisions of this Ordinance shall be d~emed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-5 of the City Code. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. day of February, Passed by the City Council on first reading this 26th Passed by the City Council on second reading this .....i...1.w.-r. of 1 . Assistant APPROVED AS TO FORM: Donald G. Vandiver, Assistant City Attorney 1981. 1981. ~~/, ~ ., " • • •• f.11 -. . Date PARADE , on behalf of the --------------------------- ---------------organization, is hereby authorized to hold a parade , 19 from (a.m., p.m.) ---------------------- to (a.m., p.m.) at the following location: --------- {Seal) ISSUED THIS day of , 19 ------------------ CITY OF LUBBOCK, TEXAS By: Rickey Childers · Administrative Assistant City Manager's Office ·• •-: .. ::., , .. \'• ... . . Date DEMONSTRATIO~ .PERMIT , on behalf of the ------------------------- ------------organization, is hereby authorized to hold a demonstration ___________ , 19 ___ from ____ _ (a.m., p.m.) to ------(a.m., p.m.) at the following location: ISSUED this day of , 19 ----------------- (Seal) 1CITY OF LUBBOCK, TEXAS By: ______________ _ Rickey Childers . Administrative Assistant City Manager's Office .. • ,.. If ..... ·• .. t· .... • ::J ' , . . ' Date RECREATIONAL usa PERMIT , on behalf of the --------------------- --------------organization, is hereby.authorized to hold a on , 19 --------------------------------- from --------(am., p.m.) to ------(a.m., p.m.) at the following location: ISSUED this ______ day of ___________ , 19 ___ _ (Seal) CITY OF LUBBOCK, TEXAS By: -----.,..--------------Rickey Childers Administrative Assistant City Manager's Office ' --· ----------.....:: THE STATE OF TEXAS COUNTY OF LUBBOCK -·------ ., .. , ,.. Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day personallyappearedTwtle Fol&om,Bu&ine&s Office Maneuter oftheSouthwesternNewspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this l.eee I Nottce-178 wordsti:lSOt Par WO rd .. $89, 00 No. 901401 at Lubbock County. Texas and the attached print- ed copy of the ND t tee.,, is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates: March 14 & 21, 1981. 16907 Business Office Manaeer LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed an"d sworn to befor~ me this .23.c.d. day of ..... M .... n ..... r .... ch...__ __ . 19....BL_ C/fy S[Cfl!TA//y FORM58-10 BONNIE r,ic:<rr. tl(,TA1Y rusuc IN ;",r:·) f:'.'fi rnr ST/,Ti': OF 'j;o-)'.AS t~Y CGi .. ~:/:~/1!::~:",'. ;-:)::~~;'-::"{: NC'/, 10, l ~""'