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96-023 ORD PROVIDING THE CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 24 OF SAID CODE AND ADDING ARTICLE II ORDINANCE NO. 96-023 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING CHAPTER 24 OF SAID CODE AND ADDING AN ARTICLE II THERETO; PROVIDING FOR THE REGULATION OF SPECIAL EVENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 1, 1996. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That Chapter 24 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "ARTICLE I. PEDDLERS, SOLICITORS AND ITINERANT VENDORS "Division 1. In General. "Sec. 24-1. Soliciting, selling, etc., prohibited between certain hours and certain places without a license. "(a) It shall be unlawful for any person to go from house to house or from place to place in the City soliciting, selling, or taking orders for, or offering to sell or take orders for, any goods, wares, merchandise, services, newspapers, magazines or subscriptions to newspapers or magazines, whether such person is licensed as an itinerant vendor under this Article or not, between the hours of 9:00 p.m. and 9:00 a.m. on any day of the week during the months of April, May, June, July, August, September and October, and between the hours of 6:00 p.m. and 9:00 a.m. on any day of the week during the months of November, December, January, February and March, unless the hours are extended in his license. "(b) It shall be unlawful for any person to transact or conduct business in the City at a site for which definite arrangements have not been made for the hire, rental or lease of such premises for at least one (1) month without first having procured a license as a temporary vendor. (Secs. 24-2 to 24-15 reserved) "Division 2. Itinerant vendor's license "Sec.24-16. Definition. "An 'itinerant vendor,' as the term is used in this Division, shall be held to be any person going from house to house or from place to place in the City, soliciting, selling, or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or magazines. "5ec.24-17. Required. "It shall be unlawful for any itinerant vendor to engage in any activity mentioned in Section 24-16, without first obtaining a license to do so from the City Manager. 1 "Sec.24-18. Application. "Any person desiring a license required by this Division shall make written application therefor to the City Manager. Such application shall show the name and address of the applicant; the name and address of the person, if any, that he represents; the state sales tax number of the applicant or applicant's company; the kind of goods or services offered for sale; whether the applicant, upon any such sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery; and the period of time such applicant wishes to sell or solicit in the City. "Sec. 24-19. Identification of applicant. "At the time of filing an application for a license under this Division, the applicant shall submit, for inspection by the City Manager, written proof of his identity, which may be in the form of an automobile operator's license or an identification letter or card issued to him by the person for whom or through whom orders are to be solicited or cleared. "Sec.24-20. Fee. "The license fee for an itinerant vendor shall be twenty-five dollars ($25.00). When any person engages in any activity mentioned in Section 24-16 through one (1) or more agents or employees, such person shall, in addition to such a twenty- five dollar fee, pay a license fee of five dollars ($5.00) for each agent or employee so engaged. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of such licenses. "Sec. 24-21. Issuance. "If, upon hearing, it shall appear to the City Manager that the statements contained in an application for a license under this Division are true, and that the applicant has the right, under the constitution and laws of this state and under the ordinances of this City, to engage in business, and that the applicant has not been convicted of a felony or a misdemeanor involving moral turpitude and has not been convicted of a violation of similar itinerant vendors' ordinances of the cities of the state, then the City Manager shall issue such license to the applicant. "Sec. 24-22. To be carried on person. "Any license issued under this Division shall be carried on the person of the itinerant vendor at all times while he is engaged in soliciting or selling. "Sec.24-23. Term. "Any license issued under this Division shall be valid for one (1) year from the date of issuance. "5ec.24-24. Exemptions. "(a) The provisions of this Division shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law. °(b) The fee provisions of this Division shall not apply to nonprofit organizations. (Secs. 24-25 to 24-40 reserved) 2 "Division 3. Temporary vendor's license "Sec.24-41. Definitions. "As used in this Division, the following terms shall have the meanings indicated in this Section: "Group exhibit means an association of five (5) or more temporary vendors under the auspices of a promoter which association is formed for the purpose of simultaneously conducting the business of the temporary vendors upon a common site or premises. "Promoter means the person, firm, corporation or organization responsible for conducting a group exhibit. "Temporary vendor shall be held to be a person who is transacting or conducting business within the City at a site for which definite arrangements have not been made for the hire, rental or lease of such premises for at least one (1) month in or upon which such business is to be operated or conducted. "Sec.24-42. Required. "It shall be unlawful for any temporary vendor to engage in any activity mentioned in Section 24-41 without first obtaining a license to do so from the City Manager. "Sec.24-43. Application. "Any person desiring a license required by this Division shall make application therefor to the City Manager. Such application shall show the name and address of the applicant, the name and address of the person, if any, that he represents; his state tax number or the tax number of the person he represents; the kind of goods or services offered for sale; the description of the location upon which he desires to conduct business; the written permission from the landowner authorizing occupancy; the zoning classification of the premises to be occupied; and the period of time for which the applicant wishes to conduct business in the City. "Sec. 24-44. Identification of applicant. "At the time of filing an application for a license under this Division, the applicant shall submit, for inspection by the City Manager, his social security number, date of birth, written proof of his identity, and provide fingerprint and photographic identification, if required. "Sec.24-45. Fee. "The license fee for a temporary vendor shall be fifty dollars ($50.00) per day or one hundred dollars ($100.00) for three (3) days. T'he total fee required for a license shall not exceed one thousand dollars ($1,000.00). The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of such licenses. "Sec. 24-46. Issuance. "If, upon hearing, it shall appear to the City Manager that the statements contained in an application for a license under this Division are true, and that the applicant has the right, under the constitution and laws of this state and under the ordinances of this City, to engage in business, and that the applicant has not been 3 convicted of a felony or a misdemeanor involving moral turpitude and has not been convicted of a violation of similar temporary vendors ordinances of the cities of the state; then the City Manager shall issue such license to the applicant. "Sec.24-47. Term. "Any license issued under this Division shall be maintained on the site where the business is being conducted and be available for inspection at all times. "Sec. 24-48. Exemptions from division. "(a) The provisions of this Division shall not apply to group exhibits or persons exhibiting and selling agricultural products on the Market Square of the City. "(b) The fee provisions of this Division shall not apply to nonprofit organizations. " Section 2. That Chapter 24 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended by adding an Article II thereto so that such shall read as follows: "ARTICLE II. 5PECIAL EVENTS. "Sec.24-61. Definitions. "As used in this Article, the following words shall have the definitions ascribed to them by this Section: "Adverse effects shall include destruction or damage to public or private property and negative impacts on the health ar safety of the public. "Public purpose has for its objective the promotion of the public health, safety, morals, general welfare, security, prosperity and contentment of all the inhabitants or residents within the City as a community and not merely as individuals. "Special event shall mean any temporary event which requires the closure or use of any public street in connection with the same, including, but not limited to, art exhibits, business fairs, special promotions, and religious, civic, sports and political events. "Sec. 24-62. Special Events Committee. "(a) There is hereby created a Special Events Committee, which shall be composed of the City Manager, City Attorney, City Engineer, Chief of Police, Fire Chief, Director of Community Facilities and Director of the Paris-Lamar County Health Department. "(b) The Special Events Committee shall be responsible for reviewing and approving applications and plans from any group or person requesting the closure or use of any street in connection with a special event. "Sec. 24-63. Prohibited events. "(a) Special events, for the purpose of this Article, shall not include any use or activity which is elsewhere classified and regulated in this Chapter, which will be a permanent use of the land, or which will involve a permanent fixture or structure. 4 "(b) Any event which does not serve a public purpose as defined in this Article. "(c) Any event which will create a problem or concern regarding health or safety or which will likely cause the occurrence of adverse effects on surrounding properties. "Sec. 24-64. Closure of public rights-of-way. "Any group or person desiring a permit for closure of a public right-of-way within the City is subject to the following: "(a) No special event shall be conducted upon or within the right-of-way of any street or road designated by the State of Texas as a state highway or farm-to- market road without a permit issued under this Article. "(1) In the event that closure of a state highway is requested, the Special Events Committee shall, upon approval of the application and plans, submit to the City Council a contract with the State of Texas for the closure of such street. Closure of state highways is subject to final approval by the State of Texas. "(b) Expected attendance at the event must be at least five thousand (5,000) people. "(c) Adequate detours for the travelling public must be established. "(d) The businesses located in the area for which closure is requested must not be adversely affected by such closure. "(e) If an event is conducted during the business hours of businesses located in the affected area, the nature of the event must be reasonably consistent with that of such businesses so that those businesses can expect to be financially benefitted from such event. "(f) Staking in asphalt, concrete surfaces, grass areas or shrub beds is prohibited. "Sec.24-65. Reserved. "Sec. 24-66. Qualifications for obtaining a permit. "No permit under this Article shall be issued to any person who has been convicted of the commission of a felony in a court of competent jurisdiction within three (3) years of the date of the application, to any person who has been on probation or parole as a result of a felony within one (1) year of the date of the application, or to any person who has knowingly made any false, misleading or fraudulent statement of fact in the permit application. A permit shall not be issued to any person who has been convicted of a violation of any of the provisions of this Article, or to any person whose permit has previously been revoked, if such conviction or revocation occurred within one (1) year of the date of the application. The provisions of this Section shall, in no way, be construed as limiting the City's discretion in refusing to grant permits to persons convicted of felonies. "Sec. 24-67. Application; contents. "Any group or person requesting temporary closure or use of any street for any purpose other than ordinary use and that will affect the flow of traffic shall file 5 a written, sworn application with the City Manager at least sixty (60) days prior to the special event. The application shall be accompanied by all plans and application fees required hereafter and shall state thereon the following: "(a) The full name, driver's license number, social security number, and business, permanent and local addresses and telephone numbers of the person making application. "(b) If a nonprofit organization, the organization's business address, telephone number and contact person, if any, and the names, addresses and telephone numbers of the officers and directors or trustees of the organization. "(c) If a corporation, the applicant shall state whether such corporation is organized under the laws of the State of Texas or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of the local office of such corporation, if any, and the names and addresses of all officers and directors or trustees of said corporation, and, if a foreign corporation, the place of incorporation. "(d) The date(s) on which the event will take place. "(e) The proposed schedule of start and stop times. "(f) The approximate number of people expected to attend the event. "(g) A detailed description of the event. "(h) If the purpose of the event is to offer goods for sale, the kind, type and character of goods. "(i) A list of the equipment to be used. "(j) A description of the specific area for which use or closure of streets is requested. "(k) The names, addresses and telephone numbers of all persons who will be in charge of or manage the event, including emergency telephone numbers where such persons can be reached during the event. "(1) A list of all vendors, including food vendors, and the kind, type and character of goods offered. If a complete list of all vendors cannot be provided at the time of the filing of the application, then supplemental lists must be filed periodically with the Special Events Committee. "(m) The last three (3) places where the applicant either conducted or was a part of a special event, stating the nature thereof and giving the applicant's full address in each place. "(n) Whether or not the applicant or any other person who will be in charge of or manage the event has been convicted of the commission of a felony in a court of competent jurisdiction within three (3) years of the date of the application or on probation or parole as a result of a felony within one (1) year of the date of the application. "(o) Whether or not the applicant or any other person associated with applicant's organization has previously been denied a permit issued under the provisions of this Article. 6 "(p) A statement that applicant shall assume all costs associated with the special event. "(q) Any other information which the City of Paris deems necessary for the administration of this Article. "Sec. 24-68. Plans required. "(a) The following plans shall be fully completed and presented to the City at the time of the filing of the application: "(1) Security plan - is subject to final approval by the Chief of Police and shall provide for the following: "(A) Based upon the estimated attendance at the event, state the number of security officers planned for the event for which arrangements have already been made, if any, or alternately, state the number of off-duty police officers for which use is requested from the Paris Police Department. "(i) The number of security officers required for an event in order to ensure adequate protection and safety for citizens and property may vary depending on the nature of the event. "(ii) If applicable, payment for off-duty or overtime officers is due no later than ten (10) days prior to the event based on the estimated time officers will be needed. Any overpayment will be refunded, and any underpayment must be remedied immediately upon conclusion of the special event worked or, preferably, upon the completion of a shift worked by an officer. "(B) Designate individuals who are in charge of or who are managing the special event as contact persons in case of an emergency or if emergency circumstances arise. Emergency telephone numbers must be included. "(C) All persons employed by or actively participating in any special event must develop a system of identification, such as badges, ribbons, I.D. cards, etc. "(D) Any other requirements which the Special Events Committee deems necessary to provide adequate protection and safety for citizens and property. "(2) Fire plan - is subject to final approval by the Fire Chief and shall provide for the following: 7 "(A) List all equipment, including tents, mechanical equipment, sanitary facilities, etc. "(B) Permit appropriate passage allowance for emergency vehicles and submit detailed plans for the same. "(C) Meet all requirements of the Standard Fire Prevention Code, a copy of which is filed with the City Clerk of the City of Paris and is available for examination by any applicant. "(i) Permits will be required, when applicable. "(D) Any other requirements which the Special Events Committee deems necessary to provide adequate protection and safety for citizens and property. "(3) Traffic plan - is subject to final approval by the City Engineer, Chief of Police and Fire Chief and shall provide for the following: "(A) A traffic control plan which provides for and allows appropriate passage allowance for emergency vehicle travel and an adequate detour route for the travelling public, and submit detailed plans for the same. "(B) Detailed traffic signing, including detour signs, and a barricade placement plan. °(C) Show availability, location and quantity of public parking. "(D) If private parking is to be used, submit written permission from the property owner. "(E) Allow adequate access for abutting property owners during closure and submit detailed plans for the same. "(F) Any other requirements which the Special Events Committee deems necessary to provide adequate traffic control. "(4) Sanitation plan - is subject to final approval by the City Engineer and the Director of the Paris-Lamar County Health Department and shall provide for the following: "(A) List all food vendors who will operate at the event. This list must be complete prior to the event in order for all food vendors to be inspected. Health permits shall be required of all food vendors, the fees for such permits being in addition to the application fee, and such food vendors should be prepared to pay for such health permit prior to the event. 8 "(B) A plan for disposing of food services gray water. "(C) Based upon the estimated attendance at the event, a detailed plan for and description of locations for sanitary facilities. A minimum of 1 facility per 500 people is required. "(D) Permits will be required, when applicable. "(E) Any other requirements which the Special Events Committee deems necessary to provide adequate protection of the health and safety of the citizens. "(5) Clean-up plan - is subject to final approval by the Fire Chief, the Director of Community Facilities and the Director of the Paris-Lamar County Health Department and shall provide for the following: "(A) A detailed plan adequate to guarantee clean- up by the time the permit expires. "(B) A cash bond to guarantee clean-up shall be posted at the time the permit is issued and the amount will be determined by the Special Events Committee and will depend on the size and nature of event. "(i) Minimum bond of $1,000.00. "(ii) Maximum bond of $5,000.00. "(iii) Refundable upon completion of the clean-up in a manner satisfactory to the City. "(C) Any other requirements which the Special Events Committee deems necessary to insure adequate clean-up of the area. "(6) Electrical plan - is subject to final approval by the City Engineer and shall provide for the following: "(A) Meet all requirements of the Standard Electrical Code, a copy of which is filed with the City Clerk of the City of Paris and is available for examination by any applicant. "(B) Permits will be required, when applicable. °(C) Any other requirements which the Special Events Committee deems necessary to provide adequate safety for citizens and property. "(7) Layout of vendors, booths, facilities, etc. plan - is subject to final approval by each member of the Special Events Committee and shall provide for the following: 9 "(A) A detailed drawing of the site where the event will be held, indicating the approximate location of all vendors, booths, etc. "(B) Any other requirements which the Special Events Committee deems necessary to provide adequate protection of the health and safety of the citizens. "(b) If any plan submitted is deemed inadequate by the Special Events Committee, the applicant shall have five (5) business days to correct such inadequacies, provided that all corrected or amended plans be submitted no later than twenty (20) days prior to the event. "(c) A permit will not be issued if any plan required by this Section is deemed inadequate by the Special Events Committee and such inadequacies are not remedied within the permitted time. "Sec. 24-69. Insurance required. "(a) Applicants for a permit under this Article shall, at the time of the filing of the application, furnish the City with a certificate of insurance for special events complying with the standards established by the City and in such amounts as required by the City, showing the City as an additional insured, and shall execute a waiver of liability in favor of the City on a form provided by the City. "(b) In the event a state maintained street or highway right-of-way involved, the applicant shall furnish the City with a certificate of insurance for special events complying with the standards established by the City and in such amounts as required by the City, provided that such amounts are at least equal to the amounts required by the State of Texas, showing the City and the State as additional insureds, and shall execute a waiver of liability in favor of the City and the State on forms provided by the City. "Sec.24-70. Fee. "(a) The non-refundable permit fee for a special event shall be one hundred dollars ($100.00) per event and shall accompany the application. "(b) The fee herein provided shall be used only for the purpose of defraying expenses incident to the issuing of a permit, such as review and approval of the application and plans submitted therewith. "(c) The fee herein provided shall not cover any other expenses incurred by the City as a result of aiding in the preparation of plans, providing off-duty police officers for security, etc., and the applicant must pay any additional expenses to the City within ten (10) days of such expense being incurred, provided that all expenses are paid by no later than ten (10) days prior to the event. Failure to pay any additional expenses to the City will result in revocation of or refusal to issue a permit. "(d) If additional permits are required, such as electrical, fire or health permits, such permit fees will be in addition to the fee herein provided. "Sec. 24-71. Identification of applicant. "At the time of filing an application for a permit under this Article, the applicant shall submit, for inspection by the City Manager, written proof of his identify, which may be in the form of an automobile operator's license or an 10 identification letter or card issued to him by the person for whom or through whom orders are to be solicited or cleared. "Sec. 24-72. Investigation of Applicant. "Upon application for a permit being made by the applicant for the use or closure of streets in connection with a special event, the City Manager shall deliver the application to the Chief of Police, who shall investigate and verify the applicant, his firm, or the firm he represents, and report his findings to the City Manager by 5:00 p.m. no later than the third business day after the application was filed with the City Manager. The City Manager shall prepare a memorandum summarizing the findings to be filed in his office. "Sec. 24-73. Denial of application. "(a) An application may be denied when: "(1) Information on the application is incomplete or insufficient. "(2) An applicant, including persons listed as being in charge of or managing an event, has been convicted of a felony within the last three (3) years. "(3) A false statement or material misrepresentation is made on an application for a permit, which shall be grounds for immediate denial or revocation of a permit. "(b) Factors such as proximity to residences, use of loudspeakers, use of large portions of required parking, unsafe pedestrian street crossings, awkward circulation patterns, and similar concerns may be a cause for permit denial. "(c) No Special Event Permit shall be approved unless safe and adequate provisions have been made for parking, loading, restrooms, trash containers, electrical connections and any other item deemed necessary by the Special Events Committee. "(d) No Special Event Permit shall be approved if any plan required by this Article is deemed inadequate by the members of the Special Events Committee and such inadequacy is not remedied at least twenty (20) days prior to the event. " Sec. 24-74. Issuance. "(a) If, upon hearing, it shall appear to the City Manager that the statements contained in an application for a permit under this Article are true, that all plans have been approved, that insurance has been obtained, that the correct cash bond has been posted, that proper identification has been presented, that the applicant has conformed with all the requirements of this Article, that the applicant has the right, under the constitution and the laws of this state and under the ordinances of the City of Paris, to engage in business, and that the applicant has not been convicted of a felony or a violation of similar itinerant vendors' ordinances of the cities of the state, then the City Manager shall issue such permit to the applicant. "(b) Every member of the committee will sign the permit showing his approval of the issuance of the same. "(c) If a state maintained street or highway is involved, issuance of a permit is conditioned upon approval by the State of Texas, acting by and through the Texas Department of Transportation. 11 "Sec.24-75. Term. "(a) Any permit issued under this Article shall be valid for twenty-four (24) hours. Preparation for the event and clean-up after the event shall be included in this twenty-four (24) hours. "(b) A maximum of four (4) events is allowed at a location during a calendar year, and a maximum of two (2) permits issued to any person or group is allowed during a calendar year. "Sec. 24-76. Permit revocation; appeal. "(a) Failure to comply with any of requirements established by this Article shall constitute grounds for revocation of a permit issued in accordance with the provisions of this Article. Written notice of revocation shall be given to such person by registered or certified mail. "(b) Should a person have a permit revoked, he may appeal that action to the City Manager, or his designated representative, by submitting a letter to the City Manager within ten (10) days of the revocation. A hearing shall be held within fifteen (15) days of the appeal. The City Manager, or his representative, shall render a decision on the appeal within one (1) day of the date of the hearing. Such hearing shall be an administrative hearing. The decision of the City Manager, or his designated representative, shall be final. "Sec. 24-77. Other permits. "(a) Temporary facilities such a tents, stages, benches, portable trailers, restrooms, electrical supply connections, food service, etc., may require separate permits, which shall be limited to the duration of the event, and which fees are in addition to the application fee required in this Article. "(b) Vendors, not including food vendors, who operate at a duly permitted special event shall not be required to obtain separate permits as provided for in Article I hereof, but shall instead be deemed to be operating under the permit granted to the applicant. Such applicant shall be responsible for insuring that such vendors comply with the terms of the permit and all applicable laws, ordinances, etc. "(c) Any vendor who is found to be operating at a special event who was not listed in either the application or the supplemental lists provided prior to the event shall be subject to the permit and fee requirements provided in Article I hereof. "Sec. 24-78. Compliance with applicable laws. "The applicant shall agree to comply with all laws of the United States, the State of Texas and the City of Paris, and to comply with any lawful order issued by any member of the Special Events Committee or any law enforcement, fire or EMS officer licensed by the State of Texas. "Sec. 24-79. Termination of an event in progress. "The Chief of Police shall have the authority to terminate any special event whenever it becomes apparent that the continuation of the special event is causing a riot, illegal activity or a major civil disturbance, or for any emergency in which the citizens of Paris could be placed in a hazardous or injurious situation should the special event be allowed to continue. " 12 Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and, if any section, paragraph, sentence clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of such unconstitutional section, paragraph, sentence, clause, or phrase. Section 4. Any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $500.00, and each and every day's continuance of any violation of the above enumerated sections shall constitute and be deemed a separate offense. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. This ordinance shall become effective May 1, 1996. PASSED AND ADOPTED this 8th day of April, 19 . Eric S. Clifford, Mayor ATTEST: ~ Mattie Cunningham, City Clerk AFPROVEl1~ AS O FORM: T. K. aynes, ity Attorney 13