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FUNERAL PROCESSIONS AND FUNERAL ESCORT SERVICE ORDINANCE 091808 (02) AN ORDINANCE AMENDING THE CITY OF QUITMAN, TEXAS ­ CODE OF ORDINANCES ESTABLISING REGULATIONS FOR FUNERAL PROCESSIONS AND FUNERAL ESCORT SERVICES WHEREAS, the disruption and direction of traffic may be required to properly and appropriately conduct a funeral procession, and WHEREAS, such disruption and direction of traffic should be performed by qualified personnel. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF QUITMAN, TEXAS, THAT: SECTION I The following shall be added to the City of Quitman, Texas ­ Code of Ordinances: "CHAPTER 74 Sec. 74.15. Funeral Procession Permit required. No person shall direct or escort a funeral procession, which in anyway impedes traffic along a roadway or at an intersection within the City Limits, unless such procession is properly permitted and escorted, in accordance with this Chapter. Sec. 74.16. Funeral Procession Permit procedure. (A) The City Secretary-Administrator shall provide an application form for a Funeral Procession Permit, and such application shall include: (1) name of the applicant / director of the procession, (2) applicant contact information, including: (a) address; (b) phone; and (c) alternate phone, (3) date, time, and estimated duration of the procession, (4) procession route, (5) anticipated size of procession (number of participants), and (6) the funeral escort service to be used for traffic direction. (B) No incomplete application shall be accepted. An application shall not be complete unless all applicable and required fees have been remitted to the City. (C) Prior to the issuance of a Funeral Procession Permit, the City Secretary-Administrator shall confirm the identified funeral escort service to be used for traffic control meets the requirements of this Chapter. (D) Prior to the issuance of a Funeral Procession Permit, the Chief of Police shall confirm the safety and efficiency of the procession route. (E) The fee for a Funeral Procession Permit shall be $25.00 and the term of such permit shall be for the date of the procession only. FUNERAL PROCESSIONS AND FUNERAL ESCORT SERVICE ­ ORD. 091808 (02) ­ Page 1 of 5

(G) The fee for a Funeral Procession Permit shall be double when the application is for a procession to be held within less than 24 hours. (H) No additional requirements beyond those contained in this Chapter may be imposed in the review or issuance of a Funeral Procession Permit. Sec. 74.17. Funeral Escort Service and Traffic Control (A) An authorized or permitted funeral escort service shall be used to direct traffic for any permitted funeral procession. (B) All recognized public safety agencies and their personnel shall be authorized for funeral escort service, providing: (1) Personnel engaged in traffic direction shall be identifiable as public safety personnel either by standard uniform in accordance with their agency or other distinctive clothing identifying them as public safety personnel; (2) Vehicles engaged in traffic direction shall be identifiable as public safety vehicles and shall have and use emergency flashers or lights in accordance with the Texas Transportation Code; AND (3) Personnel engaged in traffic direction have written approval from their agency to act in such capacity on behalf of the agency and the agency accepts complete liability for such action OR the personnel have written approval from their agency to act in such capacity outside the agency and have provided acceptance of liability and proof of liability in accordance with this Chapter.

(C) Any other person with a valid funeral escort permit shall be authorized for funeral escort service, providing: (1) Personnel engaged in traffic direction shall be identifiable as a funeral escort in a manner prescribed by the Police Chief; (2) Vehicles engaged in traffic direction shall be identifiable as a funeral escort in a manner prescriber by the Police Chief and such vehicle shall have and use emergency flashers or lights in accordance with the Texas Transportation Code, AND (3) The organization, company, or persons engaged in such activity shall provide acceptance of liability and proof of liability in accordance with this Chapter. Sec. 74.18. Funeral Escort Permit procedure. (A) The City Secretary-Administrator shall provide an application form for a Funeral Escort Permit, and such application shall include: (1) name of the applicant (s), organization, or company, (2) contact information, including: (a) contact person / responsible party; (b) address; (c) phone; and (d) alternate phone, (3) proof of liability insurance in accordance with this Chapter, and (4) acceptance of liability in accordance with this Chapter. (B) No incomplete application shall be accepted. An application shall not be complete unless all applicable and required fees have been remitted to the City. FUNERAL PROCESSIONS AND FUNERAL ESCORT SERVICE ­ ORD. 091808 (02) ­ Page 2 of 5

(C) Prior to the issuance of a Funeral Escort Permit, the City Secretary-Administrator shall confirm the proof of liability meets the requirements of this Chapter. (D) Prior to the issuance of and as a condition of the continuation of a Funeral Escort Permit, the Chief of Police shall confirm the qualification and training of the contact person / responsible party and the conformance of equipment to be used with this Chapter. The Police Chief may prescribe requirements related to such confirmation and may limit by qualification personnel who may engage in funeral escort activities. (E) The fee for a Funeral Escort Permit shall be $200.00 and the term of such permit shall be one year. (F) The fee for a Funeral Escort Permit requested to be considered and granted within 24 hours shall be double. Sec. 74.19. Authorized traffic direction. Any person authorized or permitted as a funeral escort pursuant to this chapter and leading or otherwise escorting a vehicular funeral procession shall obey all traffic laws, including all speed laws, except that such person is authorized to stop cross-traffic to enable all vehicles in the funeral procession to proceed together as an unbroken chain through intersections controlled by stop signs or signal lights, providing that the escort is physically in the intersection prior to and following the presence of any part of the funeral procession in the intersection Sec. 74.20. Permits Nontransferable and Nonrefunadable. No permit issued under this Chapter shall be transferable or the responsible party / escort service of such alterable. No permit fee remitted to secure a permit shall be refundable or credited in any portion or manner. Sec. 74.21. Indemnify and hold harmless. (A) Each permitee or authorized agency under this Chapter shall assume all responsibility for activity and operation under the permit. As a part of application and continued acceptance of permit, each permittee or authorized agency, under this Chapter shall protect, defend, indemnify and hold harmless the City, its City Council, officers, employees, agents, and successors from and against all claims, injury, liability, loss, damage (including punitive damages), cost, and expense (including all costs and reasonable attorneys' fees in providing the defense to any claim or cause of action), however same may be caused or claimed to be caused, that arise directly or indirectly from his/her activity in providing escort service to a funeral procession. (B) City personnel acting in an official capacity while on-duty are exempt from this section. Sec. 74.22. Liability insurance. (A) Each permittee or authorized agency shall maintain in full force and effect at their own cost a comprehensive auto and general liability insurance policy with the following characteristics. (1) In an amount prescribed by the City Secretary-Administrator, including restrictions on self-insured limits; (2) Issued by an admitted insurer or insurers as defined by the Texas Insurance Code; (3) Providing that the City, its City Council, its officers, employees, agents, and successors are to be "named insured" under the policy; (4) Covering all losses and damages as specified under this Chapter and occuring as a result or arising from any funeral escort activities within the City Limits; (5) Stipulating that the policy will operate as primary insurance and that no other insurance effected by the City or other named insured will be called on to contribute to a loss covered there under; and (6) Providing that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of the funeral escort service permit without thirty (30) calendar days' written notice to the City prior to the effective date of such cancellation or change in coverage. (B) In the event of the failure of any permittee to maintain in effect such insurance policy, the City SecretaryAdministrator shall revoke the permit. (C) City personnel acting in an official capacity while on-duty are exempt from this section.

FUNERAL PROCESSIONS AND FUNERAL ESCORT SERVICE ­ ORD. 091808 (02) ­ Page 3 of 5

Sec. 74.23. Denial or revocation of Permit. (A) A Funeral Procession Permit shall not be denied on any complete application unless a material misrepresentation is found on the application. (B) A Funeral Procession Permit may be revoked by the City Secretary-Administrator or designee only if the information provided under the application and confirmed under the permit is materially altered or found to be incorrect or no longer applicable. (C) A Funeral Escort Permit may be denied by the City Secretary-Administrator on any complete application, but only after holding a hearing with the applicant, and only on the grounds that the applicant has failed to provide full and complete information OR failed to meet the requirements of this Chapter. (D) A Funeral Escort Permit may be revoked by the City Secretary-Administrator or designee if the information provided under the application and confirmed under the permit is materially altered or found to be incorrect or no longer applicable OR if the personnel acting under such permit act in any manner contrary to escort procedures prescribed by the Police Chief. (E) A recognized law enforcement agency or personnel thereof may have their authorization to act as a Funeral Escort suspended or limited if personnel acting under such authorization act in any manner contrary to escort procedures prescribed by the Police Chief. (F) A permit denied or revoked under this Chapter may be appealed to the City Council. Sec 74.24. Use of City Personnel and / or Equipment. (A) City public safety or public works personnel may act as funeral escorts while on-duty and in an official capacity or off-duty and in an unofficial capacity only with the approval of the City SecretaryAdministrator. (B) Use of city personnel while on-duty as funeral escorts shall require cost recovery by charging a funeral escort fee in addition to any other permit fee under this Chapter. (C) The fee for such use of city personnel shall be: (1) $10 per half hour per vehicle with a minimum of one half hour and two vehicles, and (2) secured by a deposit or account as determined by the City Secretary-Administrator or designee. (D) The number of vehicles to be used shall be determined at the sole discretion of the City SecretaryAdministrator or designee, in accordance with the escort procedures prescribed by the Police Chief. (E) Terms of city personnel use shall be agreed to in advance by the Funeral Procession Director or responsible party. Sec. 74.97. Violations. A person commits an offense if he violates by commission or omission any provision of this chapter that imposes upon him a duty or responsibility. Sec. 74.98. Liability for facts or omissions. In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this chapter to hold a corporation, partnership or other association criminally responsible for acts or omissions performed by an agent acting in behalf of the corporation, partnership or other association, and within the scope of his employment. Sec. 74.99. Penalty. (A) A person who violates a provision of this chapter is guilty of a separate offense for each occurrence, day or portion of a day during which the violation is committed, continued, or permitted; and each offense is punishable by a fine of not more than $500.00. (B) Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this chapter." FUNERAL PROCESSIONS AND FUNERAL ESCORT SERVICE ­ ORD. 091808 (02) ­ Page 4 of 5

SECTION II The City Secretary-Administrator is hereby authorized and directed to publish the caption of this Ordinance and the penalty clause of the added Chapter AND this addition shall become effective upon such publication. PASSED BY THE CITY COUNCIL OF THE CITY OF QUITMAN, TEXAS THIS 18 DAY OF SEPTEMBER, 2008. IN WITNESS WHEREOF WE HAVE AFFIXED OUR SIGNATURES HERETO THIS 18 2008.

TH th

DAY OF SEPTEMBER, APPROVED:

____________________________ Sammy D. Lange, Mayor ATTEST: ____________________________ Michael E. Hall, City Secretary APPROVED AS TO FORM: ____________________________ Jim McLeroy, City Attorney

FUNERAL PROCESSIONS AND FUNERAL ESCORT SERVICE ­ ORD. 091808 (02) ­ Page 5 of 5

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