Subject: 9950/City Code/Sec24-17/24-100-24-105 Date: Thu, 26 Aug 1993 16:14:48 -0500 ORDINANCE NO. 9950 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE SECTION 24-17 AND TO CREATE NEW SECTIONS 24-100 THROUGH 24-105 FOR THE PURPOSE OF ESTABLISHING DEFINITE STANDARDS FOR ALLOWING SPECIAL EVENTS AND PARADES TO UTILIZE THE PUBLIC STREETS OF THE CITY OF CHATTANOOGA. _______________________________ SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Section 24-17 of the Chattanooga City Code be amended and new Sections 24-100 through 24-105 be adopted in order to establish definite standards for the allowance of special events and parades on the city streets of the City of Chattanooga. SECTION 2. That Section 24-17 of the Chattanooga City Code be deleted in its entirety and the following new Section 24-17 substituted in lieu thereof: Section 24-17. Traffic Operation During Funeral Processions. Funeral processions properly identified by a flashing amber light on the lead vehicle or led by a properly identified escort shall have the right-of-way on any street, highway, or road through which they may pass, subject to the following provisions: (1) The operator of the leading vehicle in a funeral procession shall comply with stop signs and traffic-control signals, but when the leading vehicle has progressed across an intersection in accordance with such signal or after stopping as required by the stop sign, all vehicles of such procession may proceed without stopping regardless of the sign or signal when each of such vehicles has its headlights lighted; 0C (2) Vehicles in a funeral procession shall drive on the right-hand side of the roadway and shall follow the vehicle ahead as close as is practical and safe; (3) Operators of vehicles in a funeral procession shall yield the right-of-way to an authorized emergency vehicle giving audible signal by siren and shall yield the right-of-way when directed to do so by a traffic officer; (4) On public highways and interstates, vehicles in a funeral procession shall proceed at a minimum speed of forty-five miles per hour (45 m.p.h.); and otherwise, on streets and roads at a speed not to exceed five miles per hour (5 m.p.h.) below the posted speed; (5) Oncoming traffic is hereby instructed to proceed as normal when meeting a funeral procession; (6) Vehicles following a funeral procession on a two-lane highway may not attempt to pass such procession; and (7) No operator of a vehicle shall drive between vehicles in a properly identified funeral procession except when directed to do so by a traffic officer. SECTION 3. The following new Sections 24-100 through 24-105 are hereby established to create provisions for the provision of special event or parade utilization by any individual wishing to close or temporarily close city streets for special events: Section 24-100. Issuance of Special Events Permits. No individual in the City of Chattanooga shall conduct any march, parade, athletic event, block party, festival or motorcade within the City of Chattanooga which shall restrict the flow of traffic on City streets unless the organizer for such event first obtains a special events permit which shall be issued by the City Traffic Engineer. For purposes of this Ordinance, Special Events shall include but not be limited to: (1) Marches and parades by pedestrians along City streets; (2) Athletic events, such as runs, bike races, and walks, which are conducted within the City streets; (3) Block parties or festivals which require closure of City streets; and (4) Motorcades, including vehicle parades, which restrict the flow of traffic along City streets in certain lanes. Section 24-101. Application for Special Events Permits. Any individual desiring to obtain a permit for special events requiring temporary closure of City streets shall provide to the City Traffic Engineer for the City of Chattanooga at least thirty (30) days prior to the requested date of any such special event the following information: (a) The name, address, and phone number of the person or organization applying for the Special Event permit; (b) The name, address and phone number of the person or agent for the organization applying for the special event permit who shall provide for installation and removal of any necessary traffic control devices for the special event. The applicant shall further execute a written agreement holding the applicant financially responsible for repair or loss of any traffic control devices if such devices are provided by the City of Chattanooga for the special event. The applicant shall be responsible for providing all traffic control devices in conformity with the requirements established by the City Traffic Engineer. (c) The applicant shall provide a written, diagrammed traffic plan setting forth the route to be utilized by the special event. (d) The applicant shall provide the City Traffic Engineer with the requested date and times sought for the special event. (e) The applicant shall provide a statement indicating the number of individuals reasonably expected to participate in the special event. Section 24-102. Review of plans for Special Events and Authority of City Traffic Engineer. Upon receipt of the requested information set forth in Section 24-103, the City Traffic Engineer shall review, modify and approve the traffic control plan with the goal of keeping necessary traffic arteries open during peak traffic hours and so as not to overload streets reasonably usable as detour routes. The City Traffic Engineer shall further regulate any back-out parking and through-street parking in connection with such special events. The City Traffic Engineer shall have the authority to resolve multiple requests for special events on the same dates on a first-come first-serve basis and there shall be no more than three special events requiring temporary street closures which may be allowed by the City Traffic Engineer within the City of Chattanooga on any given day. In the event that multiple events are requested, the City Traffic Engineer shall have the authority to grant alternative dates within a reasonable time period for utilization of City streets at appropriate times in the interest in public safety. The City Traffic Engineer shall have the authority to regulate the beginning and ending points of any parade or march to require that they are begun and ended outside of residential neighborhoods or upon some location where adequate off-street parking is available to handle the number of participants expected to participate in the special event. Section 24-103. Provision of Police Officers for Special Events. The City Traffic Engineer shall confer with the Traffic Division of the Chattanooga Police Department concerning all special events requests so that routes may be established which may effectively minimize the number of police officers required to resolve traffic problems at intersections and crowd control problems during special events. Section 24-104. Fees for Special Events Permit. In order to compensate for the review process of traffic control plans and to justify the temporary closure of City streets, all applicants for a special events permit shall pay a processing fee of $25.00. The applicant shall further provide sufficient information that at least fifty (50) people shall participate in any special event before any temporary closure or partial closure of a City street shall be authorized by the City Traffic Engineer. Section 24-105. Issuance of Special Events Permit. The completion of all of the above requested information by the City Traffic Engineer and the payment of the minimum usage fee shall result in the issuance of a special events permit to the applicant subject to any specific changes in the time, location or beginning and ending points of the special event, within ten (10) days after such application is received by the City Traffic Engineer. In the event that there is a denial or change of this special events permit, which shall only be for public safety reasons, the City Traffic Engineer shall state the reason for denial or change in writing to the applicant within such time period. If no agreement is reached with any applicant, the City Attorney shall then institute suit for declaratory judgment in the Chancery Court of Hamilton County, Tennessee within five (5) days of the date of any such denial or change and shall seek an immediate hearing to determine whether such permit may be properly denied or changed based upon the public safety concerns of the City Traffic Engineer. SECTION 4. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two weeks from and after its passage, as provided by law. PASSED on Third and Final Reading September 14, 1993 s/s_________________________________ CHAIRPERSON APPROVED: X DISAPPROVED: ______ DATE: September 15, 1993 s/s_________________________________ MAYOR PAN.tlm