STREET FUNCTIONS

Houston Code of Ordinances ch. 25, art. II

in effect

Houston Code of Ordinances § 25-50 Definitions.

Sec. 25-50. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings provided in this section, except where the context clearly indicates a different meaning: Central business district has the meaning provided in section 42-1 of this Code. Civilian traffic controllers means civilian police department personnel deployed to assist in providing traffic control services during duly authorized parades, street functions, and special events. Civilian traffic controllers shall be under the direct supervision of police department law enforcement officers certified under the laws of this state. Director of Houston Public Works means the Director of Houston Public Works or the director's designee. Major function, for purposes of the review of applications under this article, means any function that will involve the closure of any portion of a major thoroughfare or major collector street, except: (1) A function in the nature of a race or fun run in which the participants follow prescribed routes and is conducted in such a manner that the streets may be closed and opened on a rolling basis as the participants pass; or (2) A function conducted within the central business district, including that portion of Allen Parkway between Bagby Street and Shepherd Drive, and Memorial Drive between Bagby Street and Waugh Drive, provided that the function will not cause the closure of any street during the hours of 7:00 a.m. through 6:00 p.m. on any day that is not a Saturday, Sunday or holiday observed by the closure of city offices. Minor function, for purposes of the review of applications under this article, means any function that is not a major function as defined herein. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010; Ord. No. 2018-11, § 14, 1-10-2018)

Houston Code of Ordinances § 25-51 Permit required.

Sec. 25-51. - Permit required. It shall be unlawful for any person to use a public street or portion thereof for the purpose of conducting or holding a street dance, block party, fun run or other pedestrian or wheelchair race, bicycle race, festival, or other function requiring the closing of the street or a portion thereof to normal vehicular traffic, unless the function is being conducted in compliance with a permit issued under this article. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010)

Houston Code of Ordinances § 25-52 Permit issuance.

Sec. 25-52. - Permit issuance. (a) Permits under this article shall be issued by the MOSE director. The MOSE director, in conjunction with the Director of Houston Public Works, shall approve the application for a permit unless the MOSE director determines that the proposed function will unreasonably interfere with the flow of traffic or with the use and enjoyment of properties, whether used for residential, commercial or other purposes, in the vicinity of the function or unless the special event organizer fails to demonstrate that it will comply with all provisions of this article. The MOSE director may condition approval upon full compliance with section 25-53, 25-55, or 25-59 below if the special event organizer has not yet provided cost deposits or the requisite proof of insurance as specified in section 25-59 of this Code. (b) In determining whether the event will unreasonably interfere with the flow of traffic or with the use and enjoyment of properties in the vicinity of the function, the MOSE director and Director of Houston Public Works shall consider: (1) The expected general flow of traffic upon the street or streets affected at the time proposed for the function; (2) The existence, if any, of alternative routes for public transit vehicles and private vehicles; (3) Whether the function will significantly affect the city's ability to deliver police, fire and medical emergency services to the function site and in the vicinity of the function site; (4) The availability of public parking, public restroom facilities, public trash receptacles and other amenities in the vicinity where the function will be conducted to accommodate the number of persons that are expected to attend the function; (5) Whether the function will include amplified music or other sound sources that may be expected to create a noise disturbance; and (6) The extent, if any, of disruption to the use and enjoyment of residential, business, industrial and governmental facilities located in the vicinity of the proposed function. (c) In considering the foregoing criteria, the MOSE director and Director of Houston Public Works shall review records, if any, from prior similar events conducted at or near the proposed site, whether conducted by the special event organizer or others, and the special event organizer's prior history of compliance, if any, to determine whether there has been a history of traffic control problems, littering and trash removal problems, noise or other disruptions associated with the event or other events conducted by the special event organizer. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 25-53 Police review.

Sec. 25-53. - Police review. Each application shall be referred by the MOSE director to the police chief for a determination of the law enforcement officer staffing reasonably required to provide security control services for the function and service calls relating to the function, including not only the street or streets to be closed but any other streets or public areas in the vicinity that may be utilized for alternative routes or for parking of vehicles of persons attending the function. In making the foregoing determination, the police chief shall consider whether alcohol will be served or allowed at the function as a factor in establishing the appropriate staffing level. The special event organizer must agree to either: (1) Pay to the city the total salary cost(s) of providing the designated number of law enforcement officers, required supervisory personnel, and civilian traffic controllers, in which instance the special event organizer shall furnish a deposit sufficient to cover the cost of the same not less than 10 business days prior to the event; or (2) Furnish the police chief with a security control plan detailing the proposed number of law enforcement officers certified under the law of this state who will provide security control services during the proposed event. Such law enforcement officers shall be paid directly by the special event organizer. However, no law enforcement officer who is regularly employed by the city may be utilized under this item (2) unless the officer executes an understanding of third party compensation provided by the city for working at the event. The understanding of third party compensation shall be in a form approved by the city attorney; provided that, consistent with the analyses of security, traffic and crowd control needs, and in order to maintain a command structure for the function, the police chief may require that all or a portion of the designated number of peace officers be on-duty Houston Police Officers for which the special event organizer shall make payment to the city under item (1) of this section. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010)

Houston Code of Ordinances § 25-54 Emergency response capability.

Sec. 25-54. - Emergency response capability. The special event organizer must agree to conduct the function in such a manner that at least one lane of the street or streets 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, ambulance and other emergency vehicles. The special event organizer must also agree to provide a person on-site during the function to coordinate response activities with city officials. Consistent with the nature and size of the function, the special event organizer must also agree to provide a public address system for the function site if the police chief determines that the system is necessary or desirable to facilitate emergency responses during the function. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010)

Houston Code of Ordinances § 25-55 PWE review; traffic control plan.

Sec. 25-55. - PWE review; traffic control plan. Each application shall be referred by the MOSE director to the Director of Houston Public Works for a determination of traffic control services reasonably required for the proposed street function. Based upon availability of the city resources and city personnel, the Director of Houston Public Works shall either: (1) Elect to establish a plan for the deployment of the appropriate traffic control devices, such as cones, street barricades, and signage, as required for the proposed street function; or (2) Require the special event organizer to submit a traffic control plan for review and subsequent approval by the traffic engineer. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 25-56 Payment of traffic control services.

Sec. 25-56. - Payment of traffic control services. The special event organizer must agree to either: (1) Pay the costs of providing Houston Public Works employees to deploy and remove the traffic control devices if the Director of Houston Public Works determines that the city does have available the resources and personnel necessary to deploy the appropriate traffic control devices for the proposed street function. Such costs must be paid not less than ten business days prior to the proposed street function date; or (2) Hire and pay all personnel necessary to deploy and remove traffic control devices as required for the proposed street function. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010; Ord. No. 2018-11, § 15, 1-10-2018)

Houston Code of Ordinances § 25-57 Disposition of fees.

Sec. 25-57. - Disposition of fees. All costs recovered in relation to the provision of city security control services and traffic control services shall be allocated to the city's general fund administered by the department of finance. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010)

Houston Code of Ordinances § 25-58 Indemnification.

Sec. 25-58. - Indemnification. The special event organizer and any other persons on whose behalf the application is made must covenant and agree in writing that they will, jointly and severally, indemnify and hold the city harmless against liability for any and all claims, judgments and associated legal expenses and costs and for claims and litigation arising out of the function including, but not limited to, those for damage to property or injury to or death of persons. The agreement shall be in a form approved by the city attorney. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010)

Houston Code of Ordinances § 25-59 Insurance.

Sec. 25-59. - Insurance. The provision of insurance for street functions shall be considered in the same manner provided in section 25-14 of this Code. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010)

Houston Code of Ordinances § 25-60 Application filing and review generally.

Sec. 25-60. - Application filing and review generally. (a) Applications for functions shall be filed on a form promulgated by the MOSE director. An application for a function may be filed with the MOSE director no sooner than 365 days prior to the commencement date of the function, provided that if the 365th day falls on a Saturday, Sunday, or day observed as a holiday for employees of the city, then the application may be filed no earlier than the next day that is not a Saturday, Sunday, or holiday observed by the closure of city offices. Prematurely filed applications, or applications that do not meet all requirements of this article, shall be of no force and effect and shall be returned to the special event organizer. An application for a major function shall be filed not less than 120 days prior to the commencement date of the function. An application for a minor function shall be filed not less than 40 days prior to the commencement date of the function, provided that: (i) a special event organizer for a minor function who wishes to retain the right of an appeal to city council shall file an application more than 120 days prior to the commencement date of the function; and (ii) applications for minor functions that require the closure of a freeway entrance or exit ramp shall be filed not less than 90 days prior to the proposed event date. Applications shall be filed in accordance with forms and procedures promulgated by the MOSE director. (b) Applications for minor functions shall be considered in accordance with this subsection. The MOSE director shall approve or deny each application for a minor function within ten business days after the completed application is received. In the event that a minor function application is denied, the MOSE director shall mail written notice of the grounds for denial to the special event organizer. A special event organizer whose application is denied may request a hearing on the matter by filing a written request with the MOSE director within ten days following the date the MOSE director mails the notice of denial. (c) Applications for major functions shall be considered in accordance with this subsection: (1) The MOSE director shall review the application and advise the special event organizer whether it is materially complete and in proper form within ten business days following the receipt of the application. If it is not, the application shall be returned to the special event organizer with a written explanation of the deficiencies. (2) If the application is determined to be complete and in proper form, the MOSE director shall cause notice of the application filing to be advertised in one or more of the following manners as determined to be applicable by the MOSE director, based upon the nature and location of the major function: a. Advertisement one time in a newspaper of general circulation and/or in one or more community newspapers that serve the area where the major function will be conducted; b. Posting of one or more placards along the major thoroughfare or major collector street where the major function will be conducted; and c. Furnishing of a written notice by regular mail to the last known address of any person who has in writing requested notice from the MOSE director of any permit application for a major function to be held in the vicinity where the major function is proposed to be conducted. The MOSE director may require the special event organizer to provide or pay for newspaper notices or placards posted and to furnish evidence thereof to the MOSE director. The notice(s) shall be in a form prescribed by the MOSE director and shall contain the name of the event, date or dates of the event, streets, roadways, and thoroughfares affected by the event, and a city office telephone number that interested persons may call for further information. The placard shall not contain advertising, including but not limited to any information concerning the name or logo of any sponsor, or any persons making a contribution to, or endorsement of, the proposed major function. If the special event organizer fails to promptly give the notices or provide security for the notices following the MOSE director's request, the MOSE director shall return the application to the special event organizer. (3) If, following the completion of the publication and/or mailing of the notices, the MOSE director receives written notice from any person who resides or works or owns or operates a place of business in the vicinity of the proposed major function and whose interests may be affected by the major function, the MOSE director shall conduct, or designate another person as hearing officer to conduct, a hearing regarding the application to determine whether the permit may be issued in compliance with this article. A person who gives such notice shall upon request be allowed by the MOSE director to intervene and participate in the hearing as a party-intervenor thereto. Such written notice must be received by the MOSE director not later than 90 days prior to the proposed street function date. (d) Hearings conducted under this section, whether for minor functions under subsection (b) or major functions under subsection (c) shall be governed by rules established by the MOSE director, which shall be consistent with principles of due process and shall provide that any party may be represented by legal counsel, may call witnesses and provide evidence and may cross examine witnesses. The burden shall be upon the special event organizer to demonstrate by clear and convincing evidence that the proposed function will comply in all respects with each requirement of this article. The hearing shall be conducted by an impartial hearing officer who shall issue a decision in writing and shall specify the grounds for denial therein if the application is denied. A copy shall be mailed to the special event organizer and any intervenors. Upon request of the MOSE director, the legal department shall act as counsel to the hearing officer. (e) Each application for a street function permit must be accompanied by the non-refundable fee stated for this provision in the city fee schedule. All tendered fees must be in the form of cash, cashier's check, money order, or other method of payment accepted by the city. (f) Applications for street function permits shall be accepted by MOSE between the hours of 8:00 a.m. and 5:00 p.m. on any day that is not a Saturday, Sunday, or day observed as a holiday for employees of the city. (g) The MOSE director may require that a special event organizer modify any portion of the proposed event location, subject to the review and written approval of the PWE director and police chief, if: (1) The Director of Houston Public Works and police chief determine that the time, route, or size of the proposed event will substantially disrupt the use of any street that is ordinarily subject to significant traffic congestion; (2) The MOSE director is unable to secure the requisite approval of the use of any freeway entrance and/or exit ramps or any portion of a state-owned highway or road included in the event; or (3) The Director of Houston Public Works and police chief determine that the proposed event will substantially affect the city's ability to deliver police, fire, and medical emergency services to the proposed event location and in the vicinity of the proposed event location. The special event organizer shall provide the requisite modified event location not more than two calendar days after receipt of notice from the MOSE director. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 25-61 Reasons for denial of a street function permit.

Sec. 25-61. - Reasons for denial of a street function permit. (a) The MOSE director may deny a street function permit if the special event organizer has failed to meet any of the requirements for submitting an application for a street function permit. (b) The MOSE director may also deny a street function permit if, after reviewing the application: (1) The special event organizer demonstrates an inability or unwillingness to conduct a street function pursuant to the terms and conditions of this article; (2) The special event organizer demonstrates an inability or unwillingness to conduct a street function pursuant to the terms and conditions set forth in the street function permit application; (3) The special event organizer has failed to conduct a previously authorized street function in accordance with law or the terms of a previously issued street function permit, or both; (4) The street function will significantly affect the ability of the city to render necessary services to its residents, based upon its equipment and personnel resources and other ongoing functions and responsibilities of its affected departments, including the police and fire departments and Houston Public Works; or (5) The special event organizer has been informed that the proposed street function location must be modified in accordance with subsection (g) of section 25-60 above, and the special event organizer fails or refuses to modify the proposed street function location. (Ord. No. 2010-011, § 2(Exh. A), 12-1-2010; Ord. No. 2018-11, § 16, 1-10-2018)

Houston Code of Ordinances § 25-62 Revocation of a street function permit.

Sec. 25-62. - Revocation of a street function permit. (a) A street function permit may be revoked if the MOSE director determines that: (1) A violation of any condition of the permit exists, including failure to obtain written approval for any security or other plans required under this Code or to implement any such plans; (2) The street function poses an immediate threat to health or safety; (3) The special event organizer or any person associated with the event has failed to obtain any other permit required pursuant to this Code or other applicable law; (4) The street function permit was issued in error or contrary to law; or (5) The special event organizer demonstrates an inability or unwillingness to conduct a street function pursuant to the terms and conditions set forth in the street function permit application. (b) Any threat to health or safety requiring immediate revocation of a permit shall authorize the MOSE director or any other person authorized by the city to notify the special event organizer verbally of such revocation. (c) Except as provided in subsection (b) of this section, notice of revocation shall be in writing and set forth specifically the reasons for the revocation. (d) The appeal of a revocation shall be handled in the same manner and under the same time requirements as denials of permits. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010)

Houston Code of Ordinances § 25-63 Appeal of permit denial or revocation.

Sec. 25-63. - Appeal of permit denial or revocation. Where a right of appeal to city council exists, all appeals of the denial or revocation of a permit shall be conducted in the same manner provided in section 25-11 of this Code. Where a right of appeal to city council is not available, the decision of the hearing officer shall exhaust the special event organizer's administrative remedies regarding the denial or revocation of a permit application for a major or minor function. (Ord. No. 2010-911, § 2(Exh. A), 12-1-2010)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH25SPEV_ARTIISTFUFetched: 10/26/2026