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96-045 ORD PROVIDING THAT CODE OF ORDINANCES BE AMENDED BY REVISING SECTIONS 24-61, 24-63 AND 24-67 OF SAID CODE ORDINANCE NO. 96-045 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXA5, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTIONS 24-61, 24-63 AND 24-65 OF SAID CODE; REGULATING THE USE OF PUBLIC STREETS FOR SPECIAL EVENTS; 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 SEPTEMBER 1, 1996. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That Section 24-61 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: "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 or safety of the public. "Closure shall mean the temporary restriction, in whole, of vehicular use of a segment of a public street. "Public putpose 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. "Routine traffic control shall mean the handling of events which last no more than four (4) hours, such as parades, marches, and other such events, and use authorized law enforcement personnel who accept the responsibility for the traffic control as being within their capabilities to protect and direct all parties involved. "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. "Use shall mean the temporary restriction, in part only, of vehicular use of a segment of a public street. " Section 2. That Section 24-63 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: "Sec. 24-63. Exemptions; Prohibited events. °(a) Special events, for the purpose of this Article, shall not include the following: "(1) Any event which may meet the definition of a special event, but which takes place at a location other than upon a public street, including, but not limited to, carnivals or fairs held at the Fair Grounds or upon privately-owned parking lots; or 1 "(2) Any event which may be managed by routine traffic control as defined in this Article, including, but not limited to, bicycle events, marathons and walkathons. "(b) The following events are prohibited: "(1) Any event which does not serve a public purpose as defined in this Article; "(2) Any event which is not consistent with the safety of the traveling public; "(3) Any event which does not insure that the convenience of abutting property owners and residents is protected, and that adequate access for such persons to their property is assured; or "(4) Any event which will create a problem or concern regarding health or safety, which will likely cause the occurrence of adverse effects on surrounding properties, or which will cause substantial negative impacts to the environment, including landscape features. "(c) 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." Section 3. That Section 24-65 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: "Sec. 24-65. Use of public rights-of-way. "Any group or person desiring a permit for use, as opposed to 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. "(1) In the event that use 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 use of such street. Use of state highways is subject to final approval by the State of Texas. "(b) Use of the streets shall not be allowed if such use will interfere with the public use of the street or sidewalk or that will create a dangerous condition on the street or sidewalk. "(c) Such event shall be conducted only during hours of daylight, and shall be conducted no more than two (2) consecutive twenty-four (24) hour periods each year per organization. "(d) No person under eighteen (18) years of age shall take part in any event upon public rights-of-way. "(e) Persons conducting or taking part in an event shall, at all times during which the event is being conducted, wear orange traffic safety vests. 2 "(f) Each person or organization conducting an event upon public rights-of-way shall designate a person to be in charge of and responsible for each intersection and/or portion of public right-of-way upon which such event is to be conducted. °(g) Each and every person taking part in an event upon public rights-of-way shall execute a hold harmless agreement in the form provided by the City, and an applicant far a permit under this Article may be subject to a fine and the immediate revocation of a permit if any person who has not executed a hold harmless agreement is found to be taking part in such event. "(h) Signs giving adequate notice of the nature of the event to travellers shall be posted at least one (1) block prior to the location of the event and at the beginning location of the event. "(i) An adequate number of orange traffic cones must be placed in the area for which use is requested in order to insure that persons standing within such area are protected from injury by moving vehicular traffic. "(j) Staking in asphalt, concrete surfaces, grass areas or shrub beds is prohibited." 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 section 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 on September 1, 1996. PASSED AND ADOPTED this 12th day of August, 1996. ~ Eric . Clifford, ayor ATTEST: ) Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~ T. K. aynes, ity Attorney 3