Ord. 0701 1995-08-28ORDINANCE NO. 701
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CREATING A NEW ARTICLE XIV, PARADES AND
PROCESSIONS, OF CHAPTER 29, TRAFFIC, OF THE CODE OF
ORDINANCES OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING
PARADE ROUTES AND PERMIT PROCEDURES; PROVIDING DEFINI-
TIONS; REQUIRING FEES FOR COMMERCIAL PARADES AND
INSURANCE CERTIFICATES; PROVIDING RULES AND REGULATIONS
FOR ENFORCEMENT AND A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Pearland recognizes
the need to establish parade routes, permit procedures, and other
regulations to facilitate the orderly execution of parades and
processions within the City; and
WHEREAS, these regulations are necessary to protect the life,
health, and safety of pedestrians and the travelling public; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. ARTICLE XIV. PARADES AND PROCESSIONS
Sec. 29-312. Definitions.
In this article:
(a) ANIMAL means any domesticated living creature not
otherwise defined as "Wildlife" by Federal or State law or by City
Ordinance.
(b) APPLICANT means a person who has filed a written
application for a parade permit.
(c) CHIEF OF POLICE means the Chief of Police for the City of
Pearland, or his/her designated agent.
(d) CITY means the City of Pearland, Texas.
(e) COMMERCIAL PARADE means parade sponsored by other than
a non-profit organization, the purpose of which is to advertise a
tangible or intangible product for sale or to promote an exposition
or theatrical performance.
(f) FLOAT means any exhibit carried on a vehicle or wheeled
platform not to exceed, a maximum width of ninety-six (96) inches
including any load thereon, or an overall maximum length of forty-
five (45) feet, or a maximum height of thirteen feet and six inches
(13'6").
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(g) NON-PROFIT ORGANIZATION means any organization which is
recognized by the State of Texas Attorney General as operating in
a non-profit status for the purpose of tax exemption.
(h) PARADE means the assembly of persons, animals, vehicles,
or combination thereof, for the common design and purpose of moving
in procession from one location to another.
(i) PARADE PERMIT means written approval from the Chief of
Police for a parade or procession.
(j) PEDESTRIAN means any person afoot.
(k) PERMITTEE means the person to whom a parade permit is
issued pursuant to this chapter.
(1) PERSON means any individual, partnership, association,
corporation, organization, or other entity.
(m) STREET means the entire width between the boundary lines
of every roadway publicly maintained, when any part thereof is open
to the use of the public for purposes of vehicular travel.
(n) VEHICLE means every device in, upon, or by which any
person or property is or may be transported or drawn upon a
roadway, whether motorized or non -motorized, except devices used
exclusively upon stationary rails or tracks. For the purpose of
this ordinance vehicle includes, but is not limited to, auto-
mobiles, trucks, boats, all -terrain vehicles, mopeds, portable
structures designed to be mounted on or towed by a motorized
vehicle, floats, animal drawn carts, bicycles, roller skates, and
scooters.
Section 2. Sec. 29-313. Permit required; exception.
(a) A person commits an offense if he/she engages in, partici-
pates in, aids or commences a parade upon the streets of the City
without making written application for and receiving a parade
permit from the Chief of Police.
(b) Type I Applications for parade permits for parades of more
than twenty-five (25) persons or more than three (3) vehicles shall
be made not less than ten (10) working days prior to the date and
time of commencement of the parade. Type II Applications for
parade permits for parades of twenty-five (25) persons or less
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and/or three (3) vehicles or less shall be made not less than
five (5) working days prior to the date and time of commencement of
the parade.
(c) No parade permit shall be required for the following:
(1) The armed forces of the United States of America, the
military forces of the State of Texas and the forces of the
police and fire departments acting within the scope of their
duties.
(2) Funeral processions proceeding by vehicles under the
most reasonable route from a funeral home, church or residence
of a deceased to the place of service or interment.
(3) A peaceful demonstration at a fixed location which is
not a street.
(4) Sidewalk processions which observe and comply with
traffic regulations and traffic control devices, utilizing
that portion of the sidewalk nearest the street, but at no
time more than one half of the sidewalk.
Section 3. Sec. 29-314. Application for Parade Permit.
The application for a parade permit shall contain, at a
minimum, the following information and be signed by the applicant
and sworn to before an officer authorized to administer oaths:
(a) The name, address, and telephone number of the applicant
and all other persons, organizations, firms or corporations on
whose behalf the application is made.
(b) Date requested for the parade and the time of day
requested.
(c) The parade's commencement time, the specific approved
route to be travelled, and the starting and termination points.
(d) The estimated number of persons to participate in the
parade and the estimated number of animals to be utilized.
(e) The estimated number, if any, of animal/rider combina-
tions, animal drawn vehicles, floats, motor vehicles, motorized
displays and marching units or organizations such as bands, color
guards and drill teams.
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Section 4. Sec. 29-315. Issuance of Parade Permit.
(a) Upon receipt of a Type I application for a parade permit,
the Chief of Police should furnish the applicant within five (5)
working days appropriate approval or denial of the permit. Upon
receipt of a Type II application for a parade permit, the Chief of
Police should furnish the applicant within three (3) working days
appropriate approval or denial of the permit.
(b) Should the application for a parade permit reveal that the
route of parade requested will interfere with the orderly flow of
vehicular and pedestrian traffic, the Chief of Police shall have
the authority to establish a reasonable alternate route and
regulate the width of the parade. The Chief of Police shall not
have authority to establish alternate routes which utilize or
intersect with either F.M. 518 (Broadway) or S.H. 35 (Main).
Alternate routes utilizing these highways require special permis-
sion by the City Council in a regular meeting at which time the
applicant must appear to present evidence as to why utilization of
these highways should be granted.
Section 5. Sec. 29-316. Denial of Parade Permit.
The Chief of Police shall deny a parade permit when:
(a) The movement of the parade will conflict in time and
location with another parade, a permit for which has already been
granted.
(b) He/She has reasonable grounds to believe that the movement
of the parade will result in violence, riot or other breach of the
peace or public disorder.
(c) The application for a parade permit does not conform to
one of the six designated sites that have been approved by the City
Council of Pearland.
(d) The requested time of day for the parade is such as to
conflict with peak traffic congestion.
(e) The permit has falsifications, omissions, or lacks suffi-
cient detail.
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Section 6. Sec. 29-317. Revocation of Parade Permit.
The Chief of Police shall revoke a parade permit when:
(a) The parade fails to begin within thirty (30) minutes of
the appointed time of commencement.
(b) The information contained in the application for a parade
permit is found to be false or insufficient in any material detail.
(c) The parade's length of time exceeds one and one-half
(1-1/2) hours.
Section 7. Sec. 29-318. Approved Parade Areas.
The following routes or portions of the following routes have
the approval of the City Council of Pearland. Any significant
variation will require special permission before a regular meeting
of the City Council in which the applicant must present evidence as
to why such a variance should be granted:
(a) 2300 Grand north to Orange St. East on Orange to Old
Alvin Rd. South on Old Alvin to Plum. West on Plum to
Grand. South on Grand to the 2300 block.
(b) 1) 3500 Liberty (at Pearland Community Center) south on
Liberty through Independence Park. Circle Independence
Park to north on Liberty to 3500 Liberty.
2) 3500 Liberty (at Pearland Community Center) ease on
Shadybend to Longherridge. South on Longherridge to
E. Mary's Creek. West on E. Mary's Creek to Heather.
North on Heather to Parkview. West on Parkview to
Liberty. South on Liberty to Independence Park. Circle
Independence Park. North on Liberty to 3500 Liberty.
(c) 2500 Woody north to Orange St. East on Orange to Mykawa.
South on Mykawa to Cherry St. West on Cherry to Woody.
South on Woody to 2500 Woody.
(d) 1) 3200 McClean at Centennial Park. South on McClean to
Ryan Acres. West on Ryan Acres to Magnolia. East on
Magnolia to McClean. North on McClean to Fite. West on
Fite to City limit.
2) 3200 McClean at Centennial Park. North on McClean to
Silsbee. East on Silsbee to Holly Springs. South on
Holly Springs to Apple Springs. West on Apple Springs to
Neches River. South on Neches River to Fite. West on
Fite to City limits.
Section 8. Sec. 29-319. Payment of costs and expenses.
It shall be the duty of the applicant to present a plan to the
Chief of Police at the time of submission of the application for
the placement of barricades, placement of parade workers, and/or
hiring security, the removal and cleanup of all parades, and the
payment of such costs, which shall be paid by the parade organizer.
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The Chief of Police may require a modification of the plan as
he/she deems necessary in order to facilitate the orderly flow of
vehicles and pedestrians.
Section 9. Sec. 29-320. Commercial parade; fee required.
In order to reimburse the City of Pearland for the police
services which will be incurred as a result of the holding of a
commercial parade, the applicant of a commercial parade permit
shall pay to the City of Pearland a permit fee in the amount of
$240.00 prior to issuance of the permit. Non-profit organizations
are exempt from this fee.
Section 10. Sec. 29-321. Insurance.
(a) No permit shall be issued by the Chief of Police for a
parade to include any number of animals or motorized vehicles
unless the applicant shall have delivered to the Chief of Police
proof that the insurance required by this section has been obtained
by such applicant.
(b) The proof of insurance required by this section for a
parade to include any number of animals shall consist of a current
policy of comprehensive general liability insurance for certain
designated premises, including the parade route and the assembling
and disbanding areas, and shall name the City of Pearland as an
additional insured. Such insurance shall contain policy limits of
not less than the following:
(1) For property damage One Hundred Fifty Thousand
Dollars ($150,000.00) for each occurrence;
(2) For bodily injury or death, One Hundred Fifty
Thousand Dollars ($150,000.00) for each person and Five
Hundred Thousand Dollars ($500,000.00) for each
occurrence.
(c) The proof of insurance required by this section for a
parade to include motorized vehicles but no animals shall consist
of a current policy or policies of comprehensive general liability
insurance covering the driver of each vehicle to be included in the
parade or the proof of insurance required in subsection (b) above.
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Section 11. Sec. 29-322. Driving through procession
prohibited.
It shall be unlawful for the driver of any vehicle to drive
between vehicles comprising a funeral procession or other
authorized parade while they are in motion, provided that such
vehicles are conspicuously so designated. This provision shall not
apply to intersections where traffic is controlled by traffic -
control siynals or police officers.
Section 12. Sec. 29-323. Unlawful to interrupt.
It shall be unlawful for any vehicle or person to interrupt,
enter or otherwise disrupt the free movement of a parade or
procession unless specifically directed to do so by an official law
enforcement officer.
Section 13. Sec. 29-324. Penalty for violation.
Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction
by a court of competent jurisdiction, be punished by a fine of not
less than One Dollar ($1.00) nor more than Two Hundred Dollars
($200.00).
Section 14.
favor of the
City
All rights
and remedies
which
have
accrued
in
under this Chapter and amendments thereto shall
be and are preserved for the benefit of the City.
Section 15. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid,
unconstitutional or otherwise unenforceable by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 16. All ordinances and parts of ordinances in
conflict herewith are hereby repealed but only to the extent of
such conflict.
Section 17. It is the intent of the City Council of the City
of Pearland, Texas, that the provisions of this Ordinance shall be
codified in the City's official Code of Ordinances as provided
hereinabove.
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ORDINANCE NO. 701
Section 18. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper
of the City of Pearland, upon passage of such Ordinance. The
Ordinance shall then become effective ten (10) days from and after
its publication, or the publication of its caption and penalty, in
the official City newspaper.
PASSED and APPROVED ON FIRST READING this the day of
ate ED, A. D., 1995.
TOM REID
MAYOR
ATTEST:
CITY SECRETARY
PAS ED nd APPROVED ON SECOND AND FINAL READING this the gi!tL
day of , A. D., 1995.
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
MIL
AMY MOLFES McCULLOUGH
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD (FIRST READING) AUGUST 28, 1995
Voting "Aye" - Councilmembers Richardson,
Weber, Tetens, Cole & Beckman
Voting "No" - None
Motion Passed 5 to 0.
VOTING RECORD (SECOND READING) SEPTEMBER
11, 1995
Voting "Aye" - Councilmembers Richardson,
Weber, Tetens, Cole & Beckman
trbting "No" - None
Motion Passed 5 to 0.
PUBLICATION DATE: SEPTEMBER 20, 1995
EFFECTIVE DATE: SEPTEMBER 30, 1995
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE
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CHARTER OF THE CITY OF PEARLAND, TEXAS