O-2024-20 Amending Section 4.09.001 Article 4.09 Special Events Adding Article 4.09.14 ParkingTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-20
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 4.09.001, "DEFINITIONS," OF ARTICLE 4.09,
"SPECIAL EVENTS AND TEMPORARY OUTDOOR SEASONAL SALES,"
OF CHAPTER 4, "BUSINESS REGULATIONS," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER, TEXAS, TO INCLUDE
PLACEMENT OF TEMPORARY EVENT SIGNAGE, INCLUDING
TEMPORARY PARKING SIGNAGE; AMENDING ARTICLE 4.09, "SPECIAL
EVENTS AND TEMPORARY OUTDOOR SEASONAL SALES," OF
CHAPTER 4, "BUSINESS REGULATIONS," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING A NEW
SECTION 4.09.14, "PARKING," TO ADDRESS THE TEMPORARY
PARKING OF VEHICLES AT SPECIAL EVENTS; PROVIDING FOR A
REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR
A PENALTY; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas ("Town" or "Town Council"), has investigated and
determined that the application requirements for special events permits fees be amended to add
a new section with provisions regarding traffic and parking within or adjacent to the location where
the special event is occurring; and
WHEREAS, the Town Council hereby finds and determines that it will be advantageous,
beneficial and in the best interest of the citizens of the Town to revise the application requirements
for certain special events, as herein referenced; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 4.09.001, "Definitions," of
Article 4.09, Special Events and Temporary Outdoor Seasonal Sales, of Chapter 4, "Business
Regulations," is hereby amended to read as follows:
"Sec. 4.09.001 Definitions.
Special event means an event or gathering that requires a temporary exception to otherwise
applicable rules or requirements, including, but not limited to:
(1) The temporary complete or partial closure of a public street;
(2) The temporary closure or restriction of access to public property;
(3) The temporary offer of merchandise, food, or beverages on public property or on
private property where not otherwise permitted by the town or the applicable
certificate of occupancy;
(4) The temporary erection of a tent on public property or on private property where
not otherwise permitted by the town or the applicable certificate of occupancy;
(5) The temporary erection of a stage, band shell, portable building, grandstand, or
bleachers on public property or on private property where not otherwise permitted
by the town or the applicable certificate of occupancy;
(6) The temporary use, for other than storage, of a trailer or van on public property or
on private property where not otherwise permitted by the town or the applicable
certificate of occupancy;
(7) The temporary use of equipment to amplify and transmit sound, which exceeds
ambient (background) sound pressure levels at the property lines;
(8) The placement of portable toilets on public property or on private property where
not otherwise permitted by the town or the applicable certificate of occupancy; or
(9) Activities such as, among others, a carnival, circus, fireworks displays, runs,
events not wholly contained on town parks or building sites or PISD; or
(10) Placement of temporary informational or regulatory signs including, but not limited
to, no -parking, directional, or identification signage, special event signs or banners
in or over a public right-of-way, or on private property where otherwise prohibited
by ordinance.
SECTION 3
From and after the effective date of this Ordinance, Article 4.09, "Special Events and
Temporary Outdoor Seasonal Sales," of Chapter 4, "Business Regulations," of the Code of
Ordinances of the Town of Prosper, Texas, is hereby amended by adding a new Section 4.09.014,
"Parking at Special Events," to read as follows:
"Sec. 4.09.014 Parking at Special Events.
Notwithstanding any requirement contained in Section 4.09.004 of this Article:
(1) A complete parking plan must be submitted with each special event application;
however, the Town may waive this requirement of a complete parking plan for any
special event with an expected total attendance of less than 100.
(2) The parking plan must demonstrate that adequate parking will be available to
accommodate the expected total attendance.
(3) The parking plan must be approved prior to the issuance of a special event permit.
Ordinance No. 2024-20, Page 2
(4) No parking zones in connection with a special event must be limited to the shortest
time feasible. "No parking" signs must be posted a minimum of 24 hours in advance
of the special event and such signage must be approved by the Town.
(5) If parking needs for the event are expected to exceed the area(s) owned by or
assigned to the host establishment(s), appropriate parking arrangements must be
made with affected properties or establishments.
(6) The chief of police or designee shall have the authority to prohibit or restrict the
parking of vehicles along any street or highway or part thereof constituting a part
of the route of a parade or in or adjacent to the location of a special event. The
chief of police or designee shall post signs to such effect, and it shall be unlawful
for any person to park or leave unattended any vehicle in violation thereof.
(7) Any person or business violating any provision of this section shall be deemed
guilty of a misdemeanor and subject to any penalty contained in Section 4.09.012
of this article. Moreover, any violator may have his or her vehicle towed at the
violator's expense."
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it
would have passed this Ordinance, and each section, subsection, clause, or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the state of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
Ordinance No. 2024-20, Page 3
DULY PASSED AND APPROVED I�Y THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 11 DAY OF 1-P 'k Y-C , 2024.
APPROVED:
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David F. Bristol, Mayor
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY
Terrence S. Welch, Town Attorney
Ordinance No. 2024-20, Page 4
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