Ordinance No. 9,491Published in the Baytown Sun on
1 -15 -03 and 1 -16 -03
ORDINANCE NO. 9491
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE
OUTDOOR EXHIBITIONS,- SECTION 42 =286 "PERMIT REQUIRED" OF
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO
PLACE RESTRICTIONS ON LIVE OUTDOOR EXHIBITIONS;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100
DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 42 "Health and Sanitation,"', Article V "Live Outdoor
Exhibitions," Section 42 -286 "Permit required" of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE V. LIVE OUTDOOR EXHIBITIONS
See. 42 -286. Permit required.
(a) Generally. It shall be unlawful for any person to set up or operate any live outdoor
performance, exhibition, carnival or circus, of man, machine or animal within the city
unless and until such person has first obtained a permit issued by the director of health
and paid a permit fee.
(b) Fees. The permit fee shall be: $100.00 application fee and $100.00 for each day or part
thereof that the live outdoor performance, exhibition, carnival or circus, of man, machine
or animal is to be operated.
(c) Term. The term of the permit shall not exceed 14 consecutive days and shall not be
renewable within 30 days of its expiration.
(d) Application. Each person desiring to conduct or operate a live outdoor performance,
exhibition, carnival or circus within the city shall make application for a permit to the
health department at least two (2) business days prior to the date of the contemplated live
outdoor performance, exhibition, carnival or circus and tender to the director of health the
following:
(1) a completed application form;
® a. A completed application form shall be submitted, specifying the name and
permanent address of the owner of the live outdoor performance,
exhibition, carnival or circus, and if the live outdoor performance,
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exhibition, carnival or circus is owned by a company or corporation, the
application shall show such fact and shall also show the name of the
manager or other officer in charge of the live outdoor performance,
exhibition, carnival or circus. In any event, the application shall show the
person in active charge and control of the live outdoor performance,
exhibition, carnival or circus.
b. The application shall further state in detail the different component parts
of the live outdoor performance, exhibition, carnival or circus including,
but not limited to, all concessions, shows, amusements, businesses and
proposed location of the live outdoor performance, exhibition, carnival or
circus, the time it is to run and the number of persons regularly traveling
therewith, if any, and the number of local persons connected therewith and
shall give a full and complete plan of the proposed live outdoor
performance, exhibition, carnival or circus.
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(2) a cash bond;
a. A cash bond in a minimum amount of $5,000.00 or such other amount as
may be required by the city manager shall be submitted to ensure payment
for the services of public safety and inspection personnel, reinspection
fees, removal of all materials, equipment, trash, garbage and waste of
every kind, damages and such other costs as the city may incur as a
consequence of a live outdoor performance, exhibition, carnival or circus.
b. In the event the city determines that the city is required to repair or replace
any damaged property, to remove equipment, trash or garbage or to
perform or have performed any additional services as a result of the permit
applicant's operations, the city shall make such repairs or replacements or
perform such services and deduct the cost thereof from the cash bond
amount without further notice to the permit applicant.
C. The city shall provide permit applicant a monthly accounting of all repairs
and deductions made to the cash bond, which accounting shall be made
only if a deduction has been made for which no prior accounting has been
tendered.
d. Upon expiration of ninety (90) days from the effective date of the permit,
the city shall refund any balance of the cash bond to the permit applicant,
upon written application for same. Should the costs to repair or replace
damaged property or perform the services exceed the amount of the cash
bond, the permit applicant shall reimburse the city for such costs within
thirty (30) days of the receipt of invoice. Costs not timely paid shall
accrue interest at the rate of 1% per month;
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(3) certificates of insurance showing a comprehensive general liability policy in an
amount not less than $1,000,000 for bodily injuries, including accidental death per
occurrence and $100,000 for property damage, and showing commercial
automobile liability coverage with a combined single limit of $1,000,000 if any
automobile is used in connection with the live outdoor performance, exhibition,
carnival or circus;
(4) proof of an on -site inspection and approval of the proposed facilities by the city
fire, plumbing, electrical and health inspectors;
(5) a copy of the agreement between the permit applicant and a state - permitted waste
disposal company by which the waste disposal company will provide and service
sanitary accommodations for employee use only and not less than two units for
each 100 participants expected for public use;
(6) proof of availability of a state - approved disposal site by the company providing
and servicing the sanitary accommodations;
(7) a site plan consistent with the requirements of this section and the code; and
(8) an agreement which authorizes the applicant to use the property to conduct or
operate a live outdoor performance, exhibition, carnival or circus throughout the
term of the permit.
(e) Distance requirements. Except when held by a church, school, school organization,
hospital, or governmental entity and operated on church, school, hospital, or
governmental entity grounds, no live outdoor performance, exhibition, carnival or circus
shall be located less than 500 feet from property used as a residence, school, hospital or
church.
(f) Parking. Vehicles associated with any live outdoor performance, exhibition, carnival or
circus not in operation or use during any such performance shall not be parked within 500
feet of property used as a residence, whether a single - family, multi- family or duplex use.
(g) Living quarters. Trailers or other vehicles, including recreation vehicles, shall not be
occupied as living quarters at the site of a live outdoor performance, exhibition, carnival
or circus, unless:
the permit applicant has submitted to the director of health a copy of a valid
agreement between the permit applicant and a state - permitted waste disposal
company by which the waste disposal company will provide and service sanitary
accommodations at the site for the trailers or other vehicles to be used as a
residence; and
® 2. the director of health has approved in writing the use of the trailers or other
vehicles as living quarters.
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(h) Fire safety. All tents, awnings and similar canvas material must be flameproofed in
accordance with the requirements of the fire marshal. Fire lanes for emergency equipment
must be provided as may be required by the fire marshal. The site for any such show must
be prepared in such a manner as not to be a fire hazard and must be approved in writing
by the fire marshal.
(1) Food service. Where food service is provided, such food service operation shall be
provided in a self-contained unit or one that is approved in writing by the director of
health.
0) Toilet facilities. A minimum of two portable toilet facilities for use for each .100
participants must be provided on the premises at all times during the live outdoor
performance, exhibition, carnival or circus.
(k) Time. Any live outdoor performance, exhibition, carnival or circus may be operated only
between the hours of 9:00 a.m. and 11:00 p.m. daily except on Sunday, on which day
such shows shall only operate between the hours of 1:00 p.m. and 11:00 p.m.
(1) Permit issuance. A permit may be issued, by the director of health, upon confirmation of
compliance with this section and a positive review of previous live outdoor
performances, exhibitions, carnivals or circuses held by same owner, company or
corporation. Such review shall be performed by the director of health, who shall consider
the operation of each live outdoor performance, exhibition, carnival or circus, including
the number and cause of any health and safety related incidents associated in any way
therewith and any other relevant information.
(m) Permit revocation. If any live outdoor performance, exhibition, carnival or circus is
issued a permit required by this section and it conducts itself in an unlawful manner in
whole or in part, its permit may be revoked by the director of health and fees paid shall
be forfeited.
(n) Limited exemption. Short-term outdoor performances, exhibitions, carnivals or circuses
sponsored solely by a church, school, school organization, hospital, governmental entity,
or a non - profit corporation organized under the Texas Non - Profit Corporation Act,
V.T.C.S. art. 1396 -1.01, et seq., shall not be subject to the insurance, bond or fee
requirements set forth in this section. As used in this subsection, "short- term" shall mean
for a period not exceeding two consecutive calendar days.
(o) Violation. Violation of this section shall be punishable, upon conviction, by a fine as
provided in section 1 -14. However, any conduct prescribed under this article that also
constitutes an offense under state law shall not be prosecuted under this section, but shall
be prosecuted pursuant to and punishable as provided by the applicable state law. An
offense under this section is not a lesser included offense under V.T.C.A., Health and
Safety Code §§ 481.001, et seq., 483.001 -- 485.001, et seq.
Section 2: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
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FIVE HUNDRED AND NO 1100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 5: * This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 91h day of January, 2003.
PETE C. ALFARO, Mayor
ATTEST:
r
Gt�MITH City Clerk
APPROVED AS TO FORM:
4ACIO RAMMIZ, �SRaity Attorney
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