The purpose of this chapter is to facilitate the promotion of temporary outdoor activities including special events, neighborhood markets, the Dallas Farmers Market farmers market, and streetlight pole banners within the city, as defined in this chapter. The city's overall goal is to encourage activities that benefit the city, stimulate economic growth, and provide a vibrant, active community for all citizens. The city gives priority to established special events. (Ord. Nos. 21934; 31144)
In this chapter:
(1) AMPLIFIED SOUND means any sound projected or transmitted by artificial means, including but not limited to, loudspeakers, amplifiers, powered megaphones, or similar devices.
(2) APPLICANT means a person who has submitted an application for a permit under this chapter. This term includes the person submitting the application, the secondary person listed on the application, and any person or organization that an applicant applies for a permit on behalf of, as well as any third party providing contracted functions to an activity permitted under this chapter, and the owner or property manager of the property or venue where a permitted activity will occur if a lease or contract has been executed, or will be executed, or if the property owner has provided written approval for the proposed permitted activity, and the property owner or manager is providing services to the event.
(3) APPLICATION PROCESSING FEE means a non-refundable fee required at the time of application submission.
(4) CENTRAL BUSINESS DISTRICT means the area bounded by Woodall Rodgers Freeway on the north, Central Expressway and Julius Schepps Freeway on the east, Interstate Highway 30 on the south, and Interstate Highway 35E on the west.
(5) CITY means the city of Dallas, Texas.
(6) CITY-SPONSORED ACTIVITY means a temporary outdoor activity that the city council, by resolution, or the city manager, by written notice, has:
(A) determined to be directly related to a recognized function of city government;
(B) declared the city a cosponsor of the event; and
(C) committed the city to significantly sharing in initiating, financing, supporting, and conducting the event.
(7) CLEAN ZONE means a geographically defined area surrounding a permitted activity footprint or event host venues, where temporary restrictions are enforced related to temporary advertising, signage, structures, transient merchants, vendors, or otherwise licensed activities.
(8) DALLAS FARMERS MARKET means a permanent, indoor and outdoor market on public and private property where produce, merchandise, food, or other products are distributed, offered for sale, or sold and that is:
(A) bounded by Marilla Street on the north, northbound Cesar Chavez Boulevard on the east, Interstate Highway 30 on the south, and Harwood Street on the west; and
(B) described in and subject to a master agreement with the city adopted on February 27, 2013 by Resolution No. 13-0447 and the operating covenants with the city contained in lease and deed documents authorized on March 27, 2013 by Resolution Nos. 13-0535, 13-0536, 13-0537, 13-0538, and 13-0539, inclusive of future agreements and leases executed between the city and the Dallas Farmers Market and amendments to existing agreements and leases.
(9) DIRECTOR means the person designated by the city manager to implement, administer, and enforce this chapter, and includes any designated representative of the director.
(10) DISTRICT IDENTIFICATION BANNER means a long-term banner that identifies a geographic location or place of interest with defined perimeters.
(11) ESTABLISHED SPECIAL EVENT means an event or activity that:
(A) occurs at least once a year;
(B) has an average expected attendance exceeding 1,000 for each day of the event or activity;
(C) contributes to positive advertising and economic growth of the city; and
(D) is open to the public, with or without an entry fee.
(12) EXPECTED TOTAL ATTENDANCE means the estimated attendance at a permitted activity as estimated by the applicant on an application. Expected total attendance includes all event staff, vendors, spectators, participants, and attendees.
(13) FIRST AMENDMENT ACTIVITY means all expressive personal religious or political beliefs and associative activity on the public right-of-way that is protected by the United States and Texas constitutions, including freedom of speech, freedom of the press, freedom of assembly, and the right to petition.
(13.1) GUIDEBOOK means the Dallas Street Seats Pilot Program Guidebook, published annually by the director on the office of special events website and containing city requirements and regulations for street seats.
(14) HIGH IMPACT AREA means an area included on the list published annually in accordance with Section 42A-10.
(15) MAJOR CHANGE means any change to an application that requires subsequent public safety or departmental review. Examples include, but are not limited to, route changes, location or venue changes, date changes, changes in expected total attendance, adding alcohol distribution, and changes to complex scenes.
(16) MOVING EVENT means an event that is not confined to a fixed location.
(16.1) NACTO means the National Association of City Transportation Officials.
(17) NEIGHBORHOOD MARKET means a temporary outdoor marketplace, outside of the central business district, on private property, or on city property with approval of the department controlling the property, where produce, merchandise, food, or other products are distributed, offered for sale, or sold directly to consumers by the persons that have raised, grown, made, crafted, processed, or produced the products.
(18) PERMIT means an official document authorizing the activation of an approved activity granted by the director as required under this chapter.
(19) PERMIT HOLDER means a person issued a permit under this chapter. This term includes the applicant and any person or organization on behalf of which an applicant applies for a permit on behalf of, as well as the owner or manager of property where a permitted activity will occur.
(20) PERSON means an individual, firm, partnership, corporation, association, or other legal entity.
(21) PRELIMINARY LETTER means a document sent by the director to the applicant outlining all requirements that must be met prior to permit issuance.
(21.1) PRIVATE STREET SEAT means a street seat that is permitted within the public rights-of-way for use by an establishment with an abutting property interest as an extension of its business capacity.
(21.2) PUBLIC STREET SEAT means a street seat that is open to the public and is permitted to a non-abutting person, property owner, or business operator with consent of abutting owners.
(22) SPECIAL EVENT means a temporary outdoor gathering, with an expected total attendance greater than 100, which involves one or more of the following on private or public property where otherwise prohibited by ordinance:
(A) closing or restricting of a public street lane, alley, or sidewalk;
(B) restricting access to public property;
(C) sale of merchandise, food, alcohol, or other beverages where otherwise not permitted as a neighborhood market or by an annual Dallas Farmers Market farmers market permit;
(D) erection of a tent larger than 399 square feet in area or erection of multiple tents with a cumulative area of over 399 square feet;
(E) installation of a temporary stage, bandshell, outdoor projection technology, trailer, van, grandstand, bleachers, or portable toilets for public use;
(F) use of city hall plaza;
(G) a run, walk, ride, or special event parade;
(H) placement of temporary no parking, directional, oversized, or identification signs or banners in connection with an event that are placed in or over a public right-of-way, or on private property where otherwise prohibited by ordinance; or
(I) clean zone enforcement.
(23) SPECIAL EVENT PARADE means the assembly of 100 or more persons whose gathering is for the common design of traveling or marching in procession from one location to another location for the purpose of advertising, promoting, celebrating, or commemorating a thing, person, date, or event that is not directly related to the expression of feelings and beliefs on current political, religious, or social issues.
(24) STREET CLOSURE means any lane or street closure that impacts or disrupts the flow of traffic, unless the closure is intermittent.
(24.1) STREET SEATS PROGRAM means the city council approved pilot program using one of the city's pre-approved plans to transition no more than two unobstructed street parking spaces into a small useable area by installing a safe perimeter and a platform that extends the sidewalk into the abutting rights-of-way and is accompanied by amenities like benches, tables, bicycle parking, and planters. All street seats in the pilot program are managed and maintained by the permit holder.
(25) STREETLIGHT POLE BANNER means a temporary sign suspended between brackets and attached to utility or streetlight poles in city right-of-way, designed for an approved activity, an historical or commemorative event within the city, or identification of a public improvement district.
(25.1) TEMPORARY PARKLET PROGRAM means the program approved by the Dallas City Council in response to the impacts of COVID-19 to permit the activation of adjacent parking spaces or sidewalks for use as additional seating or service areas in an effort to assist local businesses with their economic recovery.
(26) TENT means any structure, enclosure, or shelter constructed of fabric or other pliable material supported by any manner except by air or the contents protected by the material.
(27) TRAFFIC CONTROL PLAN means a plan designed for the purpose of safely and efficiently managing traffic or arranging for DART detours associated with an activity permitted under this chapter.
(a) The director shall implement, administer, and enforce the provisions of this chapter.
(b) The director has authority to issue a permit that authorizes one or more of the activities described in this chapter when requirements of this chapter have been met.
(c) The director, police chief, and fire chief may require public safety measures that exceed the minimum standards set forth in this chapter based on specific event risk and threat factors identified by the appropriate city departments.
(d) The director may impose additional permit requirements upon the applicant or permit holder for any activity as required in this chapter if the total attendance is expected to exceed the applicant's expected total attendance, if the activity is held in a high impact area, or there will be an impact to residents and businesses.
(e) The director may decline or propose alternate dates, times, street closures, venues, or routes, or impose additional requirements upon a permit holder based on public safety or impact on local residents and businesses. (Ord. Nos. 18702; 21934; 29016; 31144)
(a) The provisions of this chapter are cumulative of all city ordinances. Except as provided in Subsection (c), all other permits and licenses required by ordinance or other law for specific activities to be conducted in conjunction with or as part of the activities permitted under this chapter must be applied for separately, in accordance with the applicable ordinance or law.
(b) Application for a permit under this chapter authorizes appropriate city departments to issue permits for the activities authorized by this chapter with office of special events approval.
(c) A license for the use of the public right- of-way required by Article VI of Chapter 43 of this code, and any fees applicable to obtaining the license, is not required for a special event, neighborhood market, or Dallas Farmers Market farmers market conducted in compliance with this chapter and the terms of a valid permit issued under this chapter. (Ord. Nos. 18702; 21934; 29016; 31144)
The provisions of this chapter do not apply to:
(1) a special event conducted entirely on:
(A) property under the control of the park and recreation board;
(B) the "convention center" as defined in Section 43-127 of this code; or
(C) public property managed by an organization with a lease or operating agreement with the city that details special event permit exemptions.
(2) a funeral procession;
(3) First Amendment activities, except that a special event permit must be secured for any activity that triggers a special event permit as detailed in Section 42A-2(22) of this chapter that is activated in conjunction with the First Amendment activity. All applicable fees will apply;
(4) a neighborhood block party that is conducted on a single block and is expected to have fewer than 200 attendees;
(5) escort vehicles;
(6) moving a structure in accordance with the Dallas Building Code; or
(7) the regular indoor permanent daily operations of the Dallas Farmers Market. (Ord. Nos. 18702; 19869; 21934; 26136; 28046; 29016; 31144)
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