TEMPORARY EVENTS

El Paso City Code tit. 13, ch. 13.32

in effect

El Paso City Code § 13.32.010 Definitions.

13.32.010 - Definitions. For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Appeals official" means the city manager or a deputy city manager as designated by the city manager. "Noise disturbance" means the causation or existence of noise of such volume or duration as to unreasonably interfere with the safe and orderly movement of traffic or pedestrians or so as to unreasonably discomfort persons of ordinary sensibilities living nearby, or noise at a decibel level not permitted under the city's noise ordinance, Chapter 9.40 of this code. "Permit official" means the person or persons designated by the city manager as being responsible for issuing permits under this article. The city manager may designate different persons as the permit official for different categories of permitted events and for different facilities or locations. "Street" means that portion of public right-of-way improved, designed or ordinarily used for vehicular traffic. "Temporary event" means any bazaar, block party, street dance, sidewalk sale, show exhibition, local special event, festival, celebration or any similar occurrence to last twenty-four hours or less that will be conducted on a street or alley within an area not exceeding one city block or one intersection, at least two-thirds of which area is residentially zoned and which is sponsored solely by the owners, residents or tenants in the area or their organization, or an event to last twenty hours or less that will be conducted on all or a portion of scenic drive. (Ord. 16315 § 1, 2006)

El Paso City Code § 13.32.020 Permit required.

13.32.020 - Permit required. No temporary event upon a residential public street or alley is permitted unless a permit allowing such activity has been obtained pursuant to this chapter. (Ord. 16315 § 2, 2006)

El Paso City Code § 13.32.030 Permit application.

13.32.030 - Permit application. A. Filing Application. An application for a temporary event permit shall be made in writing on a form prescribed by the permit official at least thirty days before the commencement of the event. B. Late Application. Notwithstanding the preceding subsection, the permit official may consider an application that is filed more than seven but less than thirty days before the commencement of the proposed event where the purpose of such event is a spontaneous response to a current event or where other good and compelling causes are shown, and the short notice does not unreasonably hinder or prejudice the city in preparing for the temporary event. C. Application Form. 1. The application must contain the following: a. The name, address, and telephone number for the person in charge of the proposed event and the name of the organization with which that person is affiliated or on whose behalf the person is applying (collectively "applicant"); b. The name, address, and telephone number for an individual who shall be designated as the responsible planner and on-site manager for the event; c. The date, time and place of the proposed event, including the time that the event will begin and end; d. The anticipated number of persons, and the basis on which this estimate is made; e. The availability of parking, restroom facilities and trash receptacles in the vicinity where the event will be conducted to accommodate the number of persons that are expected to attend the event; and f. Such other information, attachments, and submissions that are requested on the application form. 2. If the applicant desires to use amplification in connection with the temporary event, the applicant shall so indicate on the application form and provide the information requested on the application form. 3. The application must be signed and be accompanied by a nonrefundable payment of the established fee. 4. Within two business days after the receipt of the application or the documentation required under subsection D., whichever occurs later, the permit official may reject any application or other documentation that does not contain an accurate and legible depiction of the location of the event and require the applicant to resubmit a corrected application or documentation with an accurate and legible depiction of the location. The resubmission is subject to all of the deadlines set forth in this section. D. Documentation Required. The applicant shall provide all documentation required under this subsection no later than two business days after the day the application is filed. 1. A traffic control plan showing the location of all barricades, signs and devices to be used for redirecting traffic around the closure area. The applicant may request the assistance of the permit official or other designated city employees with the development of the traffic control plan. a. The applicant shall develop and submit a traffic control plan for closing the street or alley to include any intersections and rerouting the traffic, using appropriate manned barricades and signs or peace officers other than El Paso police officers authorized by law to direct traffic on city streets, and shall also designate on the plan, the location of adequate and appropriate parking areas for those persons attending the event. b. Such traffic control plan shall be in conformity with the most recent edition of the Texas Manual on Uniform Traffic Control Devices and shall be in writing, be drawn on a map, and be timely submitted to the permit official pursuant to the requirement set forth herein. In considering the appropriateness of a traffic control plan, the permit official may incorporate any recommendations made by the chief of police, the traffic engineer, or their designees into the plan, which may include the use of some El Paso police officers. c. The function must be conducted in such a manner that at least one lane of the street to be utilized will be capable of being opened at all times for access by persons requiring emergency access to properties abutting the function and by police, fire and other emergency vehicles, and the traffic control plan shall depict the location of this lane. 2. A map of the area to be closed or used showing all fire lanes, booths, stages, portable toilets, trash containers, any other important features for the event, and any other materials the applicant intends to place within the area. 3. A notice of proposed closure on a form prescribed by the permit official containing the name and address of each owner or occupant of real property abutting the boundaries of the area in which a temporary event will be conducted and a signed statement from one individual representing or constituting the owner or occupant of each property stating whether they consent to or object to the proposed event. A neighborhood association may state its support or opposition through the signature of any officer so authorized by the neighborhood association. (Ord. 16315 § 3, 2006) (Ord. No. 17983, § 2, 4-2-2013)

El Paso City Code § 13.32.040 Permitting criteria and process.

13.32.040 - Permitting criteria and process. An application may be denied for any of the following reasons: 1. The application is not fully completed and executed or all information and documentation required by Section 13.32.030 has not been timely submitted; 2. The applicant has not tendered the required application fee or has not tendered other required user fees within times prescribed; 3. The application contains a material falsehood or misrepresentation; 4. The applicant is legally incompetent to contract or to sue and be sued; 5. The applicant has on prior occasions made material misrepresentations regarding the nature or scope of an event; 6. The applicant has previously permitted a violation or has violated the terms of a temporary event permit issued to or on behalf of the applicant; 7. The applicant has on prior occasions damaged city property and has not paid in full for such damage; 8. A fully executed prior application for a use at the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple simultaneous events; 9. The applicant requests a use not permitted under this chapter; 10. The proposed event would present an unreasonable danger to the public health or safety; 11. The traffic control plan and submitted maps does not adequately address security and traffic control issues or does not otherwise adequately address the criteria and requirements of this chapter including but not limited to significantly affecting the city's ability to deliver police, fire and medical emergency services to the function site and in the vicinity of the function site; 12. Closing a street or alley for a temporary event would deny or restrict access to adjacent properties and ten percent or more of the affected owners or occupants have objected to the conduct of the event. The calculation under this subsection shall be based on the number of different properties or occupied units, not the total number of individuals occupying or using all properties; 13. Appropriate alternate routes for public transit vehicles and private vehicles are not available; 14. Inadequate arrangements have been made for anticipated parking needs and for restroom facilities and trash receptacles; or 15. The event will include amplified or non-amplified music or other sound sources that may be expected to create a noise disturbance which cannot be appropriately abated or controlled by the applicant. (Ord. 16315 § 4, 2006)

El Paso City Code § 13.32.050 Costs and fees.

13.32.050 - Costs and fees. A. The applicant shall be responsible for obtaining and placing barricades and signs in conformity with the traffic control plan, for the costs associated with the placement of such barricades and signs, and for any costs for city police traffic control assistance, including the hiring and paying the cost of law enforcement officers, vehicles and equipment that are used for traffic control. When calculating the costs for the police department's portion of a traffic control plan under this chapter, the police department shall prepare an estimated cost for the event and shall furnish the estimate to the permit official and the applicant. A representative of the police department shall, when necessary confer with the applicant and explain the estimated costs. B. The police department shall prepare and maintain a schedule of fees, based on its actual costs including overtime costs as appropriate, for its law enforcement officers, vehicles and equipment that are used for event traffic control. The schedule shall be on file with the permit official and the city comptroller and shall be made available to all applicants. C. If the traffic control will be provided by peace officers other than El Paso Police Officers, the permittee shall be responsible for any and all costs associated with the hiring and use of those peace officers. D. The applicant shall be responsible for all costs of litter and debris removal in accordance with Section 13.32.080 of this chapter. E. The applicant shall pay the established fee upon submittal of the application for permit. Prior to the issuance of the permit, the applicant shall pay the full amount of all costs for services, permits and licenses that will be provided by the city. If the applicant cancels the event and notifies the permit official within three hours or less of the commencement of the event, the application fee will not be refunded. (Ord. 16315 § 5, 2006) (Ord. No. 17983, § 3, 4-2-2013)

El Paso City Code § 13.32.060 Approval or denial of application.

13.32.060 - Approval or denial of application. A. The permit official shall approve or deny an application within twenty days of receipt in accordance with the standards set forth in this chapter. A notice of denial shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal for measures by which the applicant may cure any defects in the application or otherwise procure a permit. B. If the applicant has requested the issuance of an amplification permit at the time of the submission of the application for a temporary event permit, the permit official shall proceed to make a separate determination regarding the issuance of the amplification permit and may issue an amplification permit in conjunction with the temporary event permit as permitted by and in accordance with the requirements established under Chapter 13.28 of this code. C. In the event that a permit is issued for any temporary event for which any objection has been filed by an owner or occupant of any real property adjacent to the area of closure, the permit official, when issuing the permit, may modify the time for the event to a period not to exceed twelve hours, restrict or modify the use of amplification, if any, or impose additional requirements such as requiring barricades for lawns or other properties within the closure area that may assist with the protection or enjoyment of or access to the property of those persons who have indicated their objection to the event. D. The permit official may attach reasonable conditions to any permit approval as may be appropriate within the spirit and intent of this chapter. (Ord. 16315 § 6, 2006)

El Paso City Code § 13.32.070 Appeals.

13.32.070 - Appeals. A. An applicant may appeal the denial of an application in writing within ten days after notice of the denial has been received by submitting a written request to the permit official. Within five business days, or such longer period of time agreed to by the applicant, the appeals official shall hold a hearing on whether to issue the permit or uphold the denial. The applicant shall have the right to present evidence at said hearing and to question appropriate city officials. The decision to issue or uphold the denial shall be based solely on the approval criteria set forth in this chapter. The appeals official shall render a decision on the appeal within five business days after the date of the hearing. In the event that the purpose of the proposed event is a spontaneous response to a current event, or where other good and compelling causes are shown, the appeals official shall reasonably attempt to conduct the hearing and render a decision on the appeal as expeditiously as is practicable. B. Except as provided in subsections D and E, the decision of the appeals official is subject to review by the city council. Prior to the filing of any petition for declaratory judgment or other judicial determination pursuant to subsection C, the applicant shall appeal the decision of the appeals official to the city council. The applicant shall submit a written appeal request to the permit official, who shall forward the request for placement on the agenda of the next available regular city council meeting in compliance with all ordinances and statutes relating to the placement of items on the council agenda and the posting of the agenda. The decision to issue or uphold the denial shall be based solely on the approval criteria set forth in this chapter. C. The decision of the city council is subject to review in the district courts of El Paso County. Any petition for a declaratory judgment or other judicial determination as to whether the permit should be granted shall be filed with the clerk of district court within thirty days after the applicant has received notice of the decision. The city shall transmit the record to the court no later than five business days after filing its answer. The city shall in all matters before the court, seek prompt judicial action and promptly file and respond to all pleadings, discovery and other matters before the court. D. The decision of the permit official to refuse to accept a late application is not appealable. E. The decision as to the amount of traffic control or clean up necessary in conjunction with an event, and the costs resulting therefrom, are not appealable, provided that the costs of traffic control are based on schedule of fees required in Section 13.32.050(B) of this chapter. (Ord. 16315 § 7, 2006)

El Paso City Code § 13.32.080 Duties of permittee.

13.32.080 - Duties of permittee. A. The permittee shall comply with all permit requirements and conditions and with all applicable laws and ordinances, including but not limited to the city's noise ordinance, Chapter 9.40 of this code. B. The person conducting the event shall carry the permit upon his person during the conduct of the event. C. The permittee shall comply with all aspects of the approved traffic control plan. D. All barricades and signs must be removed and streets must be reopened immediately after the event and subsequent street cleaning has ended. E. The permittee shall, immediately upon the conclusion of the event, clean and remove all litter and debris left on the streets, sidewalks, alleys and other public rights-of-way by participants at the event, and with the permission of and at the request of an adjacent property owner, all litter and debris left on private property by event participants. F. In the event that the permittee fails to clean and remove all such litter and debris on the streets, sidewalks, alleys and other public rights-of-way within four hours of the end of the street function, the city may perform such cleaning and the permittee shall be responsible for the costs of the city cleaning and shall reimburse the city for such costs. G. Payment of all costs for costs of providing on-duty law enforcement officers and any other traffic control costs, less the amount of deposit made under Section 13.32.050(E) of this chapter, shall be due and payable within ten days of receipt of the bill from the city comptroller. H. Payment of any city cleaning costs shall be due and payable upon receipt of the bill from the city comptroller. (Ord. 16315 § 8, 2006)

El Paso City Code § 13.32.090 Violation—Penalty.

13.32.090 - Violation—Penalty. A. A person who promotes or sponsors a temporary event for which a permit is required without a permit having been issued shall, upon conviction, be guilty of a misdemeanor and punished as provided in Sections 1.08.010 through 1.08.030 of this code. B. A person to whom a permit has been issued who intentionally violates the terms of the permit or who violates any of the duties set forth in Section 13.32.080 shall, upon conviction, be guilty of a misdemeanor and punished as provided in Sections 1.08.010 through 1.08.030 of this code. C. A person participating in a temporary event for which a permit has been issued who intentionally violates the terms of the permit shall, upon conviction, be guilty of a misdemeanor and punished as provided in Sections 1.08.010 through 1.08.030 of this code. D. A person who participates in a temporary event for which a permit is required without a permit having been issued shall, upon conviction, be guilty of a misdemeanor and punished as provided in Sections 1.08.010 through 1.08.030 of this code. E. This chapter shall not be construed to authorize the closure and use of the public streets or alleys except in strict compliance with the laws of the state and other ordinances of the city applicable thereto, and persons who violate such other laws and ordinances shall be punished according to the provisions of the other applicable laws and ordinances. F. Nothing in this chapter prohibits a law enforcement officer or firefighter from issuing a command to move or disperse in accordance with Texas Penal Code Section 42.04 in the event of a riot, unreasonable noise or obstructing passageway. (Ord. 16315 § 9, 2006)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT13STSIPUPL_CH13.32TEEVFetched: 10/28/2026