Clarity is key, especially when it comes to enforcing the law and avoiding confusion.

Council discussed potential amendments to its existing special event permit ordinance during its regular meeting Monday, March 28.

The discussion took place because a few residents in the city requested special event permit applications for various events held on both private and public properties. The special event permit ordinance, which was adopted during the July 12, 2021, regular meeting, was never posted on the city’s Municode website, which can be accessed through princetontx.gov/410/City-Ordinances.

City Attorney David Overcash, who spoke on the issue before council, said Municode is updated quarterly and the city must submit ordinances it passes before updates are made to the website. In the language of the amended ordinance, “This Ordinance shall become effective immediately upon its passage and publication as required by law.”

Posting requirements in the Texas Local Government Code require an ordinance with a fine to be published in one issue of a weekly newspaper. Although the city’s Municode website does not reflect the changes, the publishing requirements appear to have been met because sections referring to the fines were published in the July 15, 2021 issue of The Princeton Herald.

“The existing special events requirements are old,” Overcash said. “Almost nothing has been done except for that amendment during the July 12 meeting.”

As defined by the amended ordinance, “Special event means a temporary event or gathering using either private or public property, which may or may not be open to attendance or participation by the general public.”

It also lists certain activities including closing a public street, erecting a tent on public property and using amplified sound among the nine instances referenced. The list is not exhaustive, but provides general guidelines for what might constitute a special event.

Other issues brought up in the discussions surrounding the ordinance included providing licensed peace officers as event security and clarification about giving food away at events.

Overcash said state law requires licensed peace officers to staff events, but did not cite a specific provision of Texas law. The ordinance prior to the amendment clearly stated police officers must be hired for event security, but the amended ordinance only reads “officers,” which could be interpreted as private security, who are not considered licensed peace officers.

Many other cities, such as Dallas, Westlake and Fort Worth, clearly denote police officers in the public safety section of their special event requirements.

“When you’re doing an event, the security has to be from peace officers, as in licensed peace officers, law enforcement professionals,” Overcash said. “There are several reasons for that.”

Some of the reasons include it is illegal to have a non-police officer direct traffic, said Overcash. He added private security lacks some of the tools law enforcement has to keep order at events, including lacking the authority to eject unruly event attendees.

“They essentially protect the event organizers from the liability of having no security at an event,” Overcash said. “They don’t actually provide security for the people and residents of Princeton to protect the public property or interests.”

Additionally, councilmembers had discussions about food because some of the language in the existing ordinance was confusing. 

At two different sections of the ordinance, there are references to the distribution of food. In one section, the ordinance reads, “Offer of merchandise, food, or beverages on public property, or on private property where otherwise prohibited by ordinance.”

Another section reads, “To sell or offer for sale any food, drinks, confections, merchandise, or services.”

After several questions, Overcash said he would bring back an amended ordinance for debate at the April 11 meeting.

Residents can view the discrepancies between the ordinances by viewing the July 12 meeting agenda item and the city’s Municode website.

The next regular meeting will be held Monday, April 11 at the Municipal Center and streamed live over the city’s website.