Any permit issued pursuant to this chapter shall be subject to the following restrictions and exemptions:
A. No block party or gathering shall begin prior to ten o'clock (10:00) A.M. or extend beyond ten o'clock (10:00) P.M. upon any portion of the public right of way. The sponsor(s) shall ensure that the barricades are removed and the public right of way is clear for full access at ten o'clock (10:00) P.M.
B. No public right of way shall be completely blocked by any block party or gathering, but rather, access must be available for emergency vehicles operated by any public authority, official vehicles of the village, pedestrians, and vehicles operated by those persons who live on the affected portion of the right of way (whose operation shall be limited to ingress and egress from their respective properties).
C. No alcoholic liquor shall be sold at any block party or gathering.
D. The sponsor(s) shall be responsible for the removal of all litter, refuse or property deposited in the public right of way as a result of the block party or gathering at the end of such block party or gathering.
E. No person attending any block party or gathering in the public right of way shall make any loud noise or disturbance which will create a nuisance for persons not attending the block party or gathering, nor shall any attendee violate any applicable Village code or ordinance.
F. The sponsor(s) will be responsible for any costs incurred by the village for establishing detours, assigning of police officers for traffic direction, cleanup or repair of the public right of way used or damaged by the block party or gathering. The sponsor(s) shall be required to sign a statement as to such responsibility as part of the permit application. (Ord. 2009-08, 4-6-2009)
G. No portion of the public right of way for which a block party permit has been issued shall be considered a street, highway, public sidewalk or public place for purposes of subsection 4-2-26B of this code for the duration of the block party. During the conduct of the block party, it shall be permitted for attendees who are of legal age to have open containers of alcoholic beverages in the public right of way within the confines of the block party, provided that they are not in possession of, driving or attempting to drive any motor vehicle, motorized vehicle, bicycle or other vehicle. Furthermore, the issuance of a permit under this chapter shall constitute authorization to temporarily obstruct a public street for the duration of the block party under subsections 8-1-6A and B of this code. Notwithstanding the foregoing, the issuance of a block party permit shall not be construed to permit or authorize public intoxication. (Ord. 2009-08, 4-6-2009; amd. 2011 Code)
H. No block party shall be permitted to create or cause a breach of the peace. In the event a block party creates or causes a breach of the peace as determined by the Chief of Police or designee thereof, or any sworn law enforcement officer, such block party shall be immediately terminated.
I. Prior to use of any public right of way for a block party, the permit applicant must post a deposit with the village in an amount determined by the Public Works Director, and obtain four (4) barricades to be utilized to restrict and control vehicular traffic on the portion of the right of way to be used for the party. Said deposit will be refunded to the permit applicant upon return of the barricades without damage and removal of all litter and debris from the right of way, including litter and debris that may have been carried outside of the block party area by the wind or attendees. The block party sponsor shall be responsible for the cost of repairing or replacing lost or damaged barricades, cleanup or damage to the right of way. The deposit is not a limit on the liability for costs or damages the block party sponsor has. The sponsor shall execute an appropriate agreement acknowledging responsibility for the obligations under this Agreement. (Ord. 2009-08, 4-6-2009; amd. Ord. 2019-O-23, 7-1-2019)