(a) The chief of police shall issue a permit when, from a consideration of the application and from such other information as may otherwise be lawfully obtained, he or she finds that:
(1) The conduct of the temporary street closure will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;
(2) The conduct of the temporary street closure will not require the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the city;
(3) The concentration of persons, animals, and vehicles at public assembly points of the temporary street closure will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas;
(4) The conduct of the temporary street closure is not reasonably likely to cause injury to persons or property;
(5) The temporary street closure is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;
(6) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas;
(7) There are sufficient parking places near the site of the temporary street closure to accommodate the number of vehicles reasonably expected;
(8) The applicant has secured the police protection required by the permit;
(9) The temporary street closure is not for the primary purpose of advertising any product, goods or event that is primarily for private profit, and the temporary street closure itself is not primarily for profit. The prohibition against advertising any product, goods or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the temporary street closure;
(10) No temporary street closure permit application for the same time and location is already granted or has been received and will be granted;
(11) No temporary street closure permit application for the same time and location is already granted or has been received and will be granted, and the police resources required for that prior temporary street closure are so great that in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property;
(12) No event is scheduled elsewhere in the city where the police resources required for that event are so great that the deployment of police services for the proposed temporary street closure would have an immediate and adverse effect upon the welfare and safety of persons and property; and
(13) The applicant has made a false, misleading or fraudulent statement of material fact in the application for a permit or in any other document required pursuant to this chapter.
The chief of police shall act promptly upon a timely filed application for a temporary street closure permit but in no event shall grant or deny a permit less than forty-eight hours prior to the event. If the chief of police disapproves the application, he or she shall notify the applicant either by personal delivery or certified mail at least forty-eight hours prior to the event of his action and state the reasons for denial.
The chief of police, in denying an application for a temporary street closure permit, may authorize the conduct of the temporary street closure at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police.
An alternate temporary street closure permit shall conform to the requirements of, and shall have the effect of, a temporary street closure permit issued under this chapter.
(Ord. 4406 § 1 (part), 1997)