(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
TEMPORARY STREET CLOSURE.
(1) A block party, local special event, festival, celebration, concert, parade or any similar occurrence to be conducted within an area not exceeding 1 city block or 1 intersection, in the city involving the closing or blockading of any city street or sidewalk.
(2) Any temporary street closure authorized in whole or in part by the city for municipal purposes, including but not limited to conveyance of traffic, travel or facilitating of an event of a general civic or public nature, is exempt from this section.
(B) Permit required. No person, firm, corporation or organization shall participate in, advertise for or in any way promote, organize, control, manage, solicit or induce participation in a temporary street or sidewalk closure unless a permit has first been obtained from the City Clerk/Treasurer. No person, firm, corporation or organization shall violate any of the terms of a permit issued for temporary street or sidewalk closure or this section, nor join or participate in any permitted activity under this section over the objection of the permit holder, nor in any manner interfere with the progress or orderly conduct of a temporary street or sidewalk closure.
(C) Application for permit. An application for a permit for temporary street or sidewalk closure shall be made upon a form provided by the City Clerk/Treasurer and shall contain all of the following information:
(1) The name, residence and business address, and phone number of each person and organization sponsoring the temporary street or sidewalk closure. If an organization, the application shall contain the names, residence and business addresses, and phone numbers of the president or chairman thereof, and all other persons:
(a) Having an interest or position of management or control in the organization; or
(b) Who are or will be engaged in organizing, promoting, controlling, managing or soliciting participation in the temporary street or sidewalk closure.
(2) The date, or dates, and beginning and ending hours of the temporary street or sidewalk closure;
(3) The block or intersection in which the closure will occur;
(4) The estimated number of persons who will participate;
(5) The purpose of the temporary street or sidewalk closure;
(6) Whether parking is requested to be restricted or prohibited during the closure;
(7) Whether any sound amplification equipment is proposed to be used, and if so, information describing the sound amplification. No sound amplification equipment shall be used in any way contrary to the applicable city ordinance on sound amplification equipment, or contrary to the city ordinance on noise pollution;
(8) Whether or not charity, gratuity or offerings will be solicited or accepted, or sales of food, beverages or other merchandise will occur;
(9) Whether the temporary street closure will occupy all or only a portion of the street or intersection involved; and
(10) Any other information as the City Clerk/Treasurer deems reasonably necessary in order to carry out his or her duties under this section.
(D) Time of filing. The application shall be filed not less than 10 days prior to the scheduled date of the temporary street closure. Failure to file on time is denial of a permit.
(E) Barricades; litter collection. Applicants shall provide and remove any barricades and warning devices as are deemed necessary by and are acceptable to the City Clerk/Treasurer. Applicants shall also provide for the collection and removal of all trash, garbage and litter caused by or arising out of the temporary street closure. Each applicant shall enter into a written agreement, specifying the duties to be performed under this section. The written agreement shall be in a form approved by the City Attorney.
(F) Hold harmless. Applicants shall agree in writing to assume the defense of and indemnify and save harmless the city, its Council Members, boards, commissions, officers, employees and agents, from all suits, actions, damages or claims to which the city may be subjected, of any kind or nature whatsoever resulting from, caused by, arising out of or as a consequence of the temporary street or sidewalk closure and the activities permitted in connection therewith.
(G) Personnel cost. Applicants shall pay to the city the cost of city personnel who are required by the city to work overtime hours or other than regular shift or perform duties during or as a result of the temporary street or sidewalk closure. Applicants shall deposit with the city a sum in an amount estimated by the City Clerk/Treasurer.
(H) Compliance with laws. Prior to issuance of a permit under this section, all applicable ordinances and laws shall be complied with and all required permits and licenses shall be secured in connection with the temporary street or sidewalk closure, or the proposed activities associated therewith, including but not limited to charitable solicitations, collections or acceptance of gratuities, the sale of food, beverages or other merchandise, or the use of candles, torches, fires or other combustibles.
(I) Conditions in permits. Any permit granted under this section may contain conditions reasonably calculated to reduce or minimize the dangers and hazards to vehicular or pedestrian traffic and the public health, safety, tranquility, morals or welfare, including but not limited to changes in time, duration, number of participants or noise levels.
(J) Standards for issuance. A permit shall be issued by the City Clerk/Treasurer when, from a consideration of the application and from other information as may otherwise be obtained, he or she finds that all of the following circumstances exist:
(1) The applicant has not knowingly and with intent to deceive, made any false, misleading or fraudulent statements of material fact in the application for a permit or in any other document required pursuant to this section;
(2) The applicant has met the standards in this section, and paid in advance any fee required and agrees to such conditions as are imposed in the permit;
(3) The time, duration and size of the temporary street or sidewalk closure will not substantially disrupt the orderly and safe movement of other traffic;
(4) The temporary street or sidewalk closure is of a size or nature such that it will not require the diversion of so great a number of police officers of the city as to prevent normal police protection to the city;
(5) The concentration of persons will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the street closure;
(6) The temporary street closure will not unduly interfere with the movement of firefighting equipment on the way to a fire;
(7) The temporary street or sidewalk closure will not unduly interfere with the orderly operation of parks, churches, schools or other public and quasi-public institutions in the city; and
(8) The applicant has provided reasonable means for informing all persons listed in division (C)(1) of this section, and all other persons participating in the temporary street or sidewalk closure of the terms and conditions of the permit and the applicable laws.
(K) Notice of issuance or denial. Written notice of the issuance or denial of a permit shall be provided to the applicant within 5 days of receipt of an application, or as soon as practicable if received less than 10 days in advance of the proposed date of the temporary street closure. If a permit is denied, the written notice shall state the reasons for denial.
(L) Appeals procedure. Upon the denial of a permit by the City Clerk/Treasurer, the applicant may appeal by filing the application within 72 hours or 2 city working days, whichever is longer, with the Mayor or his or her designated representative, who shall set the appeal for hearing within 48 hours. The Mayor will notify the applicant orally and in writing of the date and time of the hearing, provided that oral notification is not required if the applicant is not available either by telephone or in person at the City Hall. After holding a hearing, the Mayor may reverse, affirm or modify in any respect the determination of the City Clerk/Treasurer.
(M) Waiver of time limitations. For good cause shown, the City Clerk/Treasurer may waive the time limitation in division (D) of this section for filing an application and the city manager may waive the time limitation in division (L) above for filing an appeal.
(N) Revocation of permit. Any permit for a temporary street or sidewalk closure issued pursuant to this section may be revoked by the City Clerk/Treasurer, at any time when by reason of emergency, disaster, calamity, disorder, riot, extreme traffic conditions, violation of this section or of any permit conditions, or undue burden on public services, he or she determines that the health, safety, tranquility, or welfare of the public or the safety of any property requires the revocation. Notice of revocation of a permit shall be delivered in writing to at least 1 person named upon the permit by personal service or by certified mail, or if the closure has commenced, orally or in writing, by personal contact or service or by telephone. Continuance of a temporary street or sidewalk closure after the notice has been delivered is unlawful.
(1997 Code, § 640.2) (Ord. 92-20, passed 12-7-1992) Penalty, see § 91.999