PARADES AND PUBLIC ASSEMBLIES

El Paso City Code tit. 13, ch. 13.36

in effect

El Paso City Code § 13.36.010 Definitions.

13.36.010 - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Appeals official" means the city manager or a deputy city manager as designated by the city manager. "Arterial" means a public right-of-way designated on the city's official major thoroughfare plan that has a minimum right-of-way width of seventy feet for the purpose of carrying more traffic volume than a local street. "Event" means the collective reference to a parade, demonstration or public assembly. "Parade" means an athletic event, march, pageant, procession or other similar activity consisting of persons, animals, vehicles or things, or any combination thereof, that disrupts the normal flow of traffic upon any public roadways or utilizes the appropriate areas within a city-controlled park. The length and route of a parade shall be as approved in accordance with the requirements of this chapter, provided however, a parade consisting solely of moving vehicles may not utilize more than six miles of city roadways, excluding any staging, pre-parade assembly or disbanding areas. A funeral procession is not a parade. "Peak traffic hours" means between the hours of seven a.m. and nine a.m. and four p.m. and six p.m. on Monday through Friday, except legal holidays. "Permit official" means the person or persons designated by the city manager as being responsible for issuing permits under this chapter. The city manager may designate different persons as the permit official for different categories of permitted events and for different facilities or locations. "Roadway" means the paved area of a street between the face of the curb lines, including the driving and parking lanes, which is provided for the movement of vehicles. "Sidewalk" means that portion of the public right-of-way which is designated for the use and movement of pedestrians. "Street" means that portion of public right-of-way improved, designed or ordinarily used for vehicular traffic. (Ord. 16488 § 1, 2006; Ord. 16317 § 2, 2006) (Ord. No. 17338, § 10, 6-1-2010; Ord. No. 019409, § 4, 12-6-2022

El Paso City Code § 13.36.020 Permit required.

13.36.020 - Permit required. A. No parade is permitted unless a permit allowing such activity has been obtained pursuant to this chapter. B. A permit is not required if the parade is a spontaneous event for which an attendee or event organizer cannot provide the level of advance notice required by this chapter, such as an event occasioned by recent news or current affairs. A spontaneous event is subject to other laws. To help ensure public safety, an organizer of a spontaneous event is not required to, but is encouraged to, notify the permit official and the El Paso Police Department of the date, time, place, and an estimate of the approximate number of persons who will be participating. (Ord. 16317 § 3, 2006) (Ord. No. 019409, § 5, 12-6-2022)

El Paso City Code § 13.36.030 Permit application.

13.36.030 - Permit application. A. Filing Application. An application for a parade or public assembly permit shall be made in writing on a form prescribed by the permit official at least thirty days before the commencement of the event, but not more than one year in advance of the event. B. Late Application. Notwithstanding the preceding subsection, the permit official may consider an application that is filed 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 of interest to the city as a whole or where filed more than seven days but less than thirty days where other good and compelling causes are shown, and the short notice does not unreasonably hinder or prejudice the city in preparing for the 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, place, and route of the proposed event, including the location and time that the event will begin to assemble and disband, and any requested roadway closings; d. The anticipated number of persons and vehicles, and the basis on which this estimate is made; e. A list of the number and type of animals that will be at the event; f. Such other information, attachments, and submissions that are requested on the application form as reasonably necessary for a fair determination as to whether the permit should be issued; and g. A notice to the applicant that if he will be due a refund from the city in an amount over twenty-five dollars, the refund will be automatically processed and sent to the applicant, but if the amount is twenty-five dollars or less, the applicant must submit a request to receive such refund within ninety days after the conclusion of the event before the refund will be processed and paid. 2. If the event is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant shall also file a communication in writing from the person proposing to hold the event authorizing the applicant to apply for the permit on his behalf. 3. If the applicant desires to use amplification in connection with the event, the applicant shall so indicate on the application form and provide the information requested on the application form. 4. The application must be signed and be accompanied by payment of a nonrefundable application fee as established in the annual budget resolution adopted by city council. 5. Within two business days after the receipt of the application, the permit official may reject any application that does not contain an accurate and legible depiction of the route and require the applicant to resubmit a corrected application with an accurate and legible depiction of the route. The resubmission is subject to the application deadlines set forth in this section. 6. Any person submitting a late application that is accepted pursuant to subsection B shall be charged an additional fee as established in the annual budget resolution adopted by city council. 7. For any application submitted by the city for a city created event to be conducted by the city, the city manager or her designee is authorized to determine the appropriate funding sources to cover the city's costs for all services under this chapter and make any necessary budget transfers in lieu of payment of the fees set forth herein. (Ord. 16987 § 1, 2008; Ord. 16317 § 4, 2006) (Ord. No. 19077, §§ 2, 3, 8-4-2020)

El Paso City Code § 13.36.040 Permitting criteria and process.

13.36.040 - Permitting criteria and process. A. An application may be denied for any of the following reasons: 1. The application is not fully completed and executed; 2. The applicant has not tendered the required application fee or has not tendered other required user fees or costs 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 parade or public assembly 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 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 conflict with previously planned programs organized, conducted, or sponsored by the city and previously scheduled at or near the same time and place; 11. The proposed event would present an unreasonable danger to the public health or safety; 12. The proposed event would substantially or unnecessarily interfere with traffic; 13. The proposed route for an event consisting solely of moving vehicles exceeds six miles in length; 14. The event would likely interfere with the movement of emergency equipment and police protection in areas contiguous or in the vicinity of the event; 15. There would not, at the time of the event, be sufficient law enforcement and traffic control officers to adequately protect participants and nonparticipants from traffic related hazards in light of the other demands for police protection at the time of the proposed event; 16. The proposed event would take place on an arterial roadway during peak traffic hours; 17. The proposed event would take place at a location that cannot reasonably accommodate all of the expected participants; 18. The proposed event would take place on a state or federal highway or road and the appropriate governmental agency has not authorized the proposed use of the highway or road in writing. B. Traffic Control Plan. The permit official, in consultation with the El Paso police department and the traffic engineer, shall determine the number of officers needed to appropriately police roadway closures and the time when such services shall commence and end, taking into consideration the following: 1. The proposed location of the public assembly or route of the parade; 2. The time of day that the event is to take place; 3. The date and day of the week proposed; 4. The nature, composition, format and configuration of the event; 5. The general traffic conditions in the area requested, both vehicular and pedestrian, with special attention given to the rerouting of the vehicles or pedestrians normally using the requested area; 6. The number of marked and unmarked intersections along the route requested, together with the traffic control devices present; 7. If traffic must be completely rerouted from the area, then the number of marked and unmarked intersections and the traffic control devices are to be taken into consideration; 8. The estimated number of participants; and 9. The estimated number of viewers. (Ord. 16488 § 2, 2006; Ord. 16317 § 5, 2006)

El Paso City Code § 13.36.050 Costs and fees.

13.36.050 - Costs and fees. A. The applicant shall be responsible for hiring and paying the fees established herein for the cost of law enforcement officers, vehicles and equipment to appropriately control traffic and to police roadway closures only during the entirety of each event to include the staging and disbanding of the event, as follows: Assistance Required | Costs Paid by Applicant First two or fewer officers; | None First two or fewer vehicles; Maximum of three hours. Next three to seven officers; | 50% of costs Next three to five vehicles; Maximum of three hours. Next eight or more officers; | 100% of costs Next six or more vehicles; Maximum of three hours. In developing the traffic control plan under Section 13.36.040(B) of this chapter, the police department shall prepare estimated costs for the city and for the applicant for the event and shall furnish the estimate to the permit official and the applicant. The estimate of the city's costs shall include, where applicable, any personnel costs associated with paying overtime costs to police officers which are not chargeable to 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 to be charged under this section, based on its actual costs for payment of salaries and benefits, not to include overtime costs, for its law enforcement officers 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. Vehicles shall be charged at a rate of twelve dollars or as otherwise set by resolution of the city council. C. Prior to the issuance of the permit, the applicant shall deposit with the city, an amount that is equal to half of the estimated amount of the applicant's portion of the costs of providing law enforcement officers and any other traffic control costs. The remainder of the applicant's portion of these costs will be due and paid in accordance with Section 13.36.080(H) of this chapter. If the applicant cancels the event and notifies the permit official at least twenty-four hours in advance of the commencement of the event, the amount deposited with the city under this section shall be refunded, provided, however, the applicant will be charged a thirty-dollar administrative fee for the city's costs related to the cancellation of the event and issuing the refund. If for reason other than cancellation of the event, the applicant deposits funds that exceed the applicant's total costs and such amount is over twenty-five dollars, the city will automatically process a refund and sent it to the applicant. However, if such amount is twenty-five dollars or less, the applicant must submit a request to receive such refund within ninety days after the conclusion of the event before such refund will be processed and paid. D. The applicant shall reimburse the city for the costs of providing roadway and sidewalk cleaning accordance with Section 13.36.080(G) of this chapter. (Ord. 16987 § 2, 2008; Ord. 16535 § 1, 2007: Ord. 16317 § 6, 2006) (Ord. No. 17493, 2-1-2011; Ord. No. 18394, § 1, 7-28-2015)

El Paso City Code § 13.36.060 Approval or denial of application.

13.36.060 - 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. Where an application is denied because the proposed event would conflict with another event that has or will be approved, the permit official shall propose an alternative place, if available for the same time, or an alternative time, if available for the same place. C. Where an application is denied because the proposed event would take place at a location that cannot reasonably accommodate all of the expected participants, the permit official shall propose an alternative place, if available for the same time, or request that the applicant appropriately reduce the number of participants. D. Where the police department has determined that all or a portion of the proposed route of a parade consisting of an athletic event such as a walk or foot or bicycle race creates significant inefficiencies in the use of law enforcement officers for traffic control purposes, the permit official in consultation with the police department may develop an alternate route to be used with the applicant's approval. E. Where the police department determines that the length of an event anticipated to be more than three hours, will result in the substantial interruption of the movement of traffic, the permit official when issuing the permit, may modify and change the starting time of the event as appropriate to a time not earlier than seven a.m. to reduce the impact of the event on traffic movement. F. If the applicant has requested the issuance of an amplification permit at the time of the submission of the application for a parade or public assembly 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 parade or public assembly permit as permitted by and in accordance with the requirements established under Chapter 13.28 of this code. G. Nothing in this chapter shall authorize the permit official to deny a permit based upon political, social, or religious grounds or reasons, or based upon the content of the views expressed. H. The permit official may attach reasonable conditions to any permit approval as may be appropriate within the spirit and intent of this chapter. (Ord. 16317 § 7, 2006)

El Paso City Code § 13.36.070 Appeals.

13.36.070 - 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 the permit 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 of this section, 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 of this section, 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 the schedules of fees required in Sections 13.36.050(A) and (B) of this chapter. (Ord. 16535 § 2, 2007: Ord. 16317 § 8, 2006)

El Paso City Code § 13.36.080 Duties of permittee.

13.36.080 - Duties of permittee. A. A permittee shall comply with all permit directions and conditions and with all applicable laws and ordinances. B. The person heading or leading the parade shall carry the permit upon his person during the conduct of the parade and a permittee shall have the permit in his possession at all times during a public assembly. C. The permittee shall not allow the parade to begin, proceed or continue until such time as the applicable traffic control plan or method is set up and functioning. D. The permittee shall not make an exclusive use of any city-controlled park or park facility for a demonstration except in compliance with Section 13.24.200 of this code. E. The permittee shall take all steps reasonably necessary to keep the area for the public assembly clean or the parade route clean and free of animal excrement during the parade. F. The permittee shall, immediately upon the conclusion of the event, clean and remove all litter and debris left on the roadways, sidewalks, and other public rights-of-way by participants, animals, floats, and vehicles used in the event and by spectators to the event. G. The permittee may, no later than fourteen business days prior to the day of the event, request the assistance of the city with such cleaning and if provided the permittee shall be responsible for the costs of the city cleaning. Such request shall be made on a form provided by the city and filed with the permit official. H. In the event that the permittee does not request and receive the assistance of the city with such cleaning and the permittee fails to clean and remove all such litter and debris within four hours of the end of the event, the city may perform such cleaning and the permittee shall be responsible for the costs of the city cleaning. I. Payment of all of the permittee's portion of the costs of providing on-duty law enforcement officers and any other traffic control costs, less the amount of deposit made under Section 13.36.050(C) of this chapter, shall be due and payable within ten days of receipt of the bill from the city comptroller. J. Payment of any city cleaning costs shall be due and payable within ten days of receipt of the bill from the city comptroller. (Ord. 16535 § 3, 2007: Ord. 16317 § 9, 2006)

El Paso City Code § 13.36.090 Duties of participants.

13.36.090 - Duties of participants. A. Upon the request of a peace officer, each participant who is operating a motor vehicle on a roadway pursuant to the laws of the State of Texas shall exhibit proof of financial responsibility as required under Chapter 601 of the Texas Transportation Code. A peace officer shall have the authority to prohibit the participation in a parade of any motor vehicle for which its operator cannot provide the required proof of financial responsibility. B. During the course of the parade, each participant shall obey the directions of any peace officer who is directing or otherwise providing traffic control for that parade. A peace officer shall have the authority to prohibit the continued participation in a parade of any person who fails on more than one occasion to obey the directions of a peace officer. C. Each participant shall remain responsible for the payment of any bridge-crossing tolls, should the parade route pass through a toll area. D. All participants who enter or pass through an area under the control, direction or supervision of the United States Bureau of Customs and Border Protection shall comply with all laws, regulations and other requirements pertaining to the entry into and exit from such area. (Ord. 16317 § 10, 2006)

El Paso City Code § 13.36.100 Violation—Penalty.

13.36.100 - Violation—Penalty. A. It shall be unlawful to unreasonably hamper, obstruct, impede, or interfere with a parade, or with any person, vehicle, or animal participating or used in the parade, and any person violating any provision in this chapter 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. It shall be unlawful for the operator of a motor vehicle to drive between vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade and any person violating this chapter 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 who promotes or sponsors a parade for which a permit is required without a permit having been issued shall be deemed guilty of a misdemeanor and shall be punished as provided in Sections 1.08.010 through 1.08.030 of this code. D. 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 13.36.080 of this chapter shall be deemed guilty of a misdemeanor and shall be punished as provided in Sections 1.08.010 through 1.08.030 of this code. E. A person participating in a parade 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. F. A person who participates in a parade 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. G. This chapter shall not be construed to authorize the use of the public roadways except in exact 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. H. 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. 16317 § 11, 2006) (Ord. No. 019409, § 6, 12-6-2022)

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_CH13.36PAPUASFetched: 10/28/2026