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HomeMy WebLinkAboutOrdinance - 8338-1982 - Amend. Sec. 18-3 Pert. To Parades, Demonst. And Recreat. St. Uses - 06/24/1982ll ,. ,, ii Ill f l jDGV:da ORDINANCE NO. 8338 ! AN ORDINANCE AMENDING SECTION 18-:3 OF THE CODE OF ORDIN CES OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO PARADES, DEMONSTRATIONS AND CREATIONAL STREET USES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; /AND PROVIDING FOR PUBLICATION. I WHEREAS, the City Council of the City of Lubbock recogni es the importance of free speech to the citizens of the City of Lubbock and all other free people of the world; and WHEREAS, the City Council of the City of Lubbock recogni es that public streets have been a traditional forum for the voicing of indi idual expression regarding matters and events of public importance and for cer ain other uses; and WHEREAS, the City Council of the City of Lubbock also is charged with protecting the health, safety and welfare of the citizens of he City of Lubbock; and WHEREAS, under modern conditions of heavy motorized traf ic on public streets the totally unrestrained use of public streets for pu oses other than passage of vehicles and pedestrians according to the rules of traffic safety may be extremely hazardous to all concerned; and I WHEREAS, the City Council of the City of Lubbock finds ii to be in the best interest of the citizens of Lubbock to impose minimal re~traints on the use of public streets for other purposes than the passage of raffic; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Parade means any march or procession consisting of or vehicles, or a combination thereof, except funeral pr any public street or alley, which does not comply with t usual traffic controls. eople, animals cessions, upon e normal or Demonstration means any gathering or procession of persons for the purpose of making known their opinion as to any event orimatter which gathering or procession will involve the use of any publ~c street or alley without compliance with normal or usual traffic co~trols. Recreational street use means the use of a public s for purposes including, but not limited to, block partie walkathons, bikeathons and similar recreational events, and noncharitable, which do not comply with normal or us trols. alley , marathons, oth charitable 1 traffic con- ,. [ . •, '. ' . i (b) Permit. A person or organization promoting orjsponsoring a parade, demonstration or recreational street use involving the proposed use of a public street without compliance with normal or usual traffic controls shall apply for and obtain a permit for such activity from the City of Lubbock. (c) Application. 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) nor.more than sixty (60) days before the proposed date of the parade, demonstration or re- creational street use, and must: · (1) (2) (3) (4) (5) (6) (7) (8) Contain the name, address and telephone n~ber of the applicant, if an individual; and ' ! If the applicant is an organization, cont~in the name, address and telephone number of the organization and the person acting for the organization and rejsponsible for the parade, demonstration or recreational street use; and i Indicate the proposed date of the parade,! demonstration or recreational street use and the time of beginning and the approximate time that it will end; and · If the application is for a parade, indicate the proposed starting point, route and termination poi~t; and If the application is for a demonstration, indicate the public streets to be affected; and If the application is for a recreational street use, indicate the nature of the street use, the public street or streets to be affected, or, if applicable, the starting point, route and termination point; and ! Indicate the approximate number of person~ and the kinds and approximate number of animals or vehibles expected to participate; and Be signed by the applicant or by the person named as acting for an applicant organization for ~he purposes of working out details affecting traffic and pedestrian safety. (d) Security. The City of Lubbock shall provide two (2) police officers for parades of two (2) hours or less duration and for recrea- tional street uses involving one hundred (100) or less p;ersons. Sponsors of parades of longer duration or of recreational street uses involving more estimated participants shall be required to provide security for such event upon the basis of one police officer or private security offi- cer for each one hundred (100) persons or twenty-five (25) vehicles expected to attend. The two (2) police officers provide!d by the City of Lubbock shall be counted as part of the total requirement. In the event ' ' . " . ' ' . . .. ' I 'I I I ! i that the sponsors desire to use private security officers, they shall be required to furnish written evidence from a state-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 issuance of a permit. · (e) Routing. 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 thirty thousand (30,000) vehicles per day during the hours 7:30a.m. to 9:00a.m.; 12:00 noon to ltOO p.m. or 4:30 p.m. to 6:00 p.m. on weekdays. A current listing of such intersections shall be kept on hand at the city manager's office and any applicant shall be notified immediately if his proposed route conf~icts with this requirement. ' (f) Fee. A nonrefundable permit fee of fifteen dollars ($15.00) I 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 recreational street use proposed to be conduct~d for charitable purposes or for commercial profit, then the sponsors shall additionally be required to present written evidence that certified ptivate security officers will be in attendance or to pay for the cost of'security cover- age by City of Lubbock police officers, which shall be the off-duty pay rate for a Lubbock Police Department patrolman for the nwmber of hours such officer(s) shall be required. Such security shall be provided in accordance with the ratio specified in subsection (d) ab~ve. (g) Issuance. The city manager or his designated representative shall consider each application individually and shall i~sue a permit to an applicant whose application complies with subsections! (b) through (f) of this section within two (2) working days after the da~e the completed application is filed. The applicant and the city manage or his desig- nated representative may agree in writing to extend the , ime limit. At any time prior to a decision by the city manager or his ~esignated repre- sentative, the applicant may amend the application and the city manager or his designated representative shall make a decision on the application as amended within two (2) working days after the date ofl the amendment. ' {b) Denial. The city manager or his designated re~resentative may deny a permit only under the following circumstances: 1 I I (1) The applicant bas failed to supply the information re- quired in subsection (c) of this section, or, if appli- cable, the statement required by subsection (d) of this section, or (2) The applicant refuses to amend the route ~o time so as to comply with the provisions of subsection (e) of this section, or (3) The applicant bas not paid the permit fee] required by subsection (f) of this section, or .. i ' . / II I II I I! !I jl l I I (4) There is another parade, demonstration or recreational street use already scheduled for the same time and place. (i) Late applications. In an emergency and for goqd cause stated in the application, a person or organization may file an application less . I than ten (10) days before the proposed date of the parade, demonstration or recreational 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 appli- cations must meet all requirements of subsections (b) thtough (f). (j) Appeal. 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 providions of Chapter 2, Article XI, of the Code of Ordinances of the City of Lubbock, except that in the case of appeals pursuant to this section, the permit and license appeal board shall hear such an appeal as soon as possible and not more than thr~e (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 ticense appeal board within twenty-four (24) hours of the close of said'appeal hearing. The City of Lubbock agrees to expedited Judicial determination of the matter in the event the applicant is dissatisfied with the decision of the permit and license appeal board. I (k) Failure to secure permit. A person who·promot+s or sponsors a parade, demonstration or recreational street use that inyolves the use of a public street or alley, which parade, demonstration or!recreational street use occurs without a permit having been issued therefor by the City of Lubbock shall ·be guilty of a misdemeanor. (1) Violation of permit by permittee. A person toiwhom a permit has been issued who intentionally-violates the terms of the Ji>ermit shall be guilty of a misdemeanor. I (m) Violation of permit by participant. A person participating in a parade, demonstration or recreational street use for which a permit has I 'I . been issued who intentionally violates the terms of the permit shall be guilty of a misdemeanor. (n) Participant in violation when no pe~it issuedr A person who participates in a parade, demonstration or recr.eational street use on a public street or alley when no permit for such lactivity·has been issued, and said person has knowledge of that fact, shall be guilty of a misde- meanor. SECTION 2. THAT violation of any provision of jthis ordihance shall be deemed a misdemeanor punishable by a fine not to exC:eed two hpndred dollars as provided in Sec. 1-5 of the Code of Ordinances of tne City ofiLubbock. SECTION 3. THAT should any section, paragraph,! sentencel clause or word of this ordinance be declared unconstitutional or i~valid for! any reason, the remainder of this ordinance shall not be affected t~ereby. I I .• !I ... . . ! I SECTION 4. THAT the City Secretary is lication of the descriptive caption of this provided by law. hereby authorized! to cause pub- ordinance as an alternative method AND IT IS SO ORDERED. Passed by City Council on first reading this ____ _ Passed by City Council on second reading this ~~~ ~---J_u_ne _______ , 1982 ~~~-------' 1982 B ATTEST: THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day personallyappeared Twila folsom, Account Manaeer 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 Lel!a I Notice-278 words@54t per wo rd-$150 .12 No. 573271 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche-Journalonthefollowingdates: JulY 10 '& 17, 1982. • K3538 lccount Manal!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation 1 !P)!fJ©Jllf!J~' :~.!i~ Subscribed and swo_rn to before me this 19th day of _.totJ~uul..if.Y ___ , 19_82_ /JH( JUL J(//f r 1 2 0 1982 l.l' FORM58-10 . lONNIE lfdCU:.I«) Jsfl}: 'Z!!) ... :.:=~~~~-s~:~mvzr . . . ORDiNANCE NO. 8336 OINANCE AMENDING ORDINANCE NO. 70~ THE OFFICIAl. MAP OF CITY OF LUBBOCK SO AS TO MAKE THE FOl.LOWING CHANGES: lONE CASE NO. 2370;. CHANGE TRACT A, OAKWOOD APOITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R·l tO A·2 ZON· : lNG DISTRICT; SUBJECT TO i CONDITIONS: pROVIDING FOR A PENAl. TV AS PROVIDED FOR IN. SECTION 1·5 OF THE CITY . CODE; PROVIDING A SAVINGS , Cl.AIJSE ANO PROVIDING FOR PUBLICATION. .. SMH:mck ORDINANCE NO. 8337 AN · ORDINANCE · AMENDING ZONING ORDINANCE NO. 7084. ANO. THE' OFFICIAL MAP OF, THE CITY OF LUBBOCK ·SO AS TO MAKE THE .. FOl.LOWING CHANGES: ZONE CASE NO. 23n; CHANGE A TRACT OF LANO OUT OF SECTION 29. l'II..OCK A·K, CITY OF LUBBOCK. I..UBBOCK COUNTY. TEXAS. FROM R·l TO R·2 A.NO A·2 ZONING DISTRICT; SVtiJECT TO (:ONOITIONS;- PROV!OING FOR A Pli:NAL TY AS PROVIDED FOR IN SECTION 1·5 OF THE-CIT¥ CODE: PROIII.D· lNG A SAVINGS CI,AUSE AND. PROIIIOING FOR PUBLICA-TION. . 01/G;da ORDINANCE N0.1331S . AN ORDIN.ANCE AMENDING : SECTION 18·3 OF THE COOE Of" -~ ORDINANCES OF fHE CITY OF WillOCK. TEXA$, PERTAIN-. lNG TO PARADES. Df;MON· s:tiUTIONS A.ttD RK~'nc;I­Al. STREET O!IES; PltOVIDHIIG . A ~ALTY; PROVIDING A SAV· INGi.CLAVSE; ANO PROIIID~NG 11'018>\JIILICAtiOO. , ,