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Home My Public Portal AboutOrdinance No. 818-97 05-13-1997 ORDINANCE NO. 818-97 AN ORDINANCE AMENDING CHAPTER 3 "BUILDING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, BY ADDING THERETO A NEW SECTION 6 GOVERNING THE ERECTION AND MAINTENANCE OF TENTS WITHIN THE CITY; REQUIRING A PERNIlT FOR THE ERECTION OF A TENT; CONTAINING REQUIREMENTS TO BE MET IN ORDER TO OBTAIN A TENT PERMIT; IlVIPOSING A FEE OF $30.00 FOR EACH TENT PERMIT; PROVIDING A PENALTY OF UP TO $2,000.00 PER DAY FOR VIOLATION OR FAILURE TO COMPLY WITH THE TERMS HEREOF; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, tents are often used in connection with commercial or business enterprises, or for purposes of assembly of persons, within the City of Richland Hills; and WHEREAS, there are special fire and weather related hazards associated with tents in such uses; and WHEREAS, the City Council of the City of Richland Hills, Texas, after study, finds and determines that the health, safety and general welfare of the citizens of Richland Hills will be best served by the enactment of the following regulations governing the use of tents for such purposes within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Chapter 3 "BUILDING REGULATIONS" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new Section 6 "TENTS AND AIR-SUPPORTED STRUCTURES", which new section shall hereafter be and read as follows: SECTION 6: TENTS AND AIR-SUPPORTED STRUCTURES A. Permit required. No tent or air-supported structure shall be erected, maintained or used in connection with any business, commercial or charitable activity within the City, or for purposes of assembly, unless the person, firm or corporation desiring to erect or maintain such tent or air-supported structure shall first have obtained a permit from the Building Official therefor. No tent permit shall ever be issued for a use not otherwise permitted under the zoning classification applicable to the property upon which the tent or air-supported structure is to be erected. B. Application Requirements. Prior to the commencement of any work in connection with the erecting of a tent or air-supported structure, the • person, firm or corporation desiring to erect and maintain a tent or air-supported structure shall obtain a permit therefor from the Building Official. All such applicants shall meet the following requirements: ORDINANCE NO. PAGE 1 1. Complete the permit application form and provide the information required thereon. 2. Submit a site plan or drawing showing the proposed location of the tent in relation to the boundaries and any other structures located on the property, and the proposed dimensions of the tent. 3. Submit a drawing indicating the use of said tent and the arrangement of stock or merchandise, or seating arrangements, within the tent and the relationship thereof to required aisles and exits. Minimum aisle width is four (4) feet. 4. A minimum of seventy-two (72) hours will be required for review of a permit application for a tent or air-supported structure permit. It is the responsibility of the applicant to supply all required information to the Building Official in time to allow for such review prior to issuance of the permit. 5. If any tent or air-supported structure is erected prior to obtaining a permit therefor, the permit fee shall be doubled and the person, firm or corporation erecting such tent or air-supported structure in violation of this ordinance shall be subject to prosecution for violation hereof. C. Regulations governing tents and air supported structures. • 1. No automobile parking shall be allowed within thirty (30) feet of the nearest edge of the tent or air-supported structure. 2. Automotive or other internal combustion engine equipment used in connection with the tent or air-supported structure shall be located a minimum of twenty (20) feet from the nearest edge of the tent or air-supported structure. 3. Tents or air-supported structures shall be separated from each other by a minimum of thirty (30) feet. 4. All tents, air-supported structures and their appurtenances shall be adequately roped, braced and anchored to withstand the rigors of Texas weather. 5. Flame retardant treatment. The applicant shall furnish to the Fire Chief's office the following information from the manufacturer or lessor of the tent: (a) date fabric was last treated with flame retardant solution; (b) trade name or generic name of chemical used in flame retardant treatment; (c) the name of the person or firm treating the fabric; and • ORDINANCE NO. 818-97 PAGE 2 (d) the name and address of the owner or lessor of the tent. 6. Fire protection equipment. Every tent or air-supported structure shall be equipped with a minimum of a 5 lb. ACB fire extinguisher. The Fire Chief may require additional fire protection equipment when in his opinion such additional equipment is necessary or advisable. 7. If required by the Fire Chief, standby personnel shall be provided in accordance with the provisions of the Fire Code in effect at that time within the City. 8. The occupancy load and seating arrangements within a tent or air-supported structure shall meet the requirements set forth in the current version of the Fire Code. 9. "No smoking" signs shall be posted conspicuously at all entrances to the tent or air-supported structure, and also throughout the interior of the structure. Receptacles shall be provided at the entrances to collect discarded butts or refuse (metal sand buckets are acceptable). 10. The Fire Chief will enforce all provisions of the Fire Code then in effect within the City concerning tents or air-supported structures. D. Permit Fee. A fee of $30.00 shall be collected before issuance of each permit for each tent or air-supported structure within the City. Such • permits shall be valid for the time stated thereon by the Building Official, not to exceed thirty (30) days maximum. Such permits shall be renewable one time only upon application and payment of an additional $30.00 fee, and upon approval of both the Fire Chief and the Building Official. If any tent or air-supported structure is erected prior to a permit being obtained for such structure, the permit fees stated herein shall be doubled. E. Penalty for violation. Any person, firm or corporation violating the provisions of this ordinance, or erecting or maintaining a tent or air-supported structure without first having obtained a permit therefor as required herein, shall be guilty of a misdemeanor, and, upon conviction of same, shall be subject to a penalty of not less than $1.00 nor more than $2,000.00 for such violation, as the provisions of this ordinance concern fire safety within the City. Each and every day, or fraction thereof, during which a tent or air supported structure is erected or maintained in violation of the provisions of this ordinance shall constitute a separate and distinct offense hereunder. II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality • ORDINANCE NO. 818-97 PAGE 3 shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Saving Clause. That Chapter 3 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 13th day of ~Y 1997, by a vote of 4 ayes, 0 nays, and 0 abstentions. .`~~r??~~~~~ ~ APPROVED: R ~ - ' r"y y-i-- ¦ L • ° ' ~r - C. F. Kelley, Mayo ATTEST: s Terri- i is, City Secretary ED AS TO FO AND LEGALITY: Jam Cr' bs, City Attorney rhlib219/bh/041697 • ORDINANCE NO. 818'97 PAGE 4