(A) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
BLOCK PARTY. An open social gathering of residents and/or business owners abutting the public street to be closed or in the same neighborhood.
MAJOR EVENT. Any event that will involve the closure of a major thoroughfare or major collector street that is not sponsored or co-sponsored by the Town of Spindale.
PARADE. Any parade, march, ceremony, show, exhibition, race or procession of any kind.
PUBLIC RIGHT-OF-WAY. Includes the roadway, sidewalks and other public areas from one property line to the other property line.
TEMPORARY CLOSING. Not to exceed 12 consecutive hours or more than 24 hours spread over a three-day period.
(B) Miscellaneous provisions.
(1) It shall be unlawful for any person to use a public right-of-way for the purpose of conducting a parade, block party or other event requiring the closing of the right-of-way or a portion thereof to normal vehicular or pedestrian traffic, unless the event is being conducted in compliance with a permit issued under this section. Violation of this section shall be punishable as a misdemeanor.
(2) Permits issued under this section shall be issued by the Chief of Police. The Chief of Police shall approve the application for a permit unless he or she determines that the proposed event will unreasonably interfere with the flow of traffic or with the use and enjoyment of nearby properties or unless the applicant fails to comply with the application process. In making that decision, the Chief of Police shall consider:
(a) The general flow of traffic expected at the time of the proposed event;
(b) The existence, if any, of alternative routes for traffic flow;
(c) Whether the event will significantly affect the town’s ability to deliver police, fire and medical emergency services to the event or in vicinity of the event;
(d) The availability of public parking, public restrooms, public trash receptacles in the vicinity of the event to accommodate the number of persons expected at the event;
(e) Whether the event will include amplified music or other sound sources that may be expected to create a noise disturbance;
(f) The extent, if any, of disruption in the use and enjoyment of nearby residences, businesses or other properties;
(g) The history of the applicant or proposed site for similar events where there were traffic control problems, littering and trash removal problems, noise or other disruptions associated with the event; and
(h) The overall benefit to the town in promoting the social and economic well-being of the citizens of the town.
(3) The Chief of Police or his or her designee shall establish a plan for the deployment of traffic cones, barricades and signage as required for the conduct of the event. The applicant shall be responsible for any lost or stolen traffic cones, barricades or signage.
(4) If the event is considered a major event, the applicant shall procure general liability insurance providing coverage for legal liability and customarily covered expenses for bodily injury and property damage with respect to the activity for which the request for a permit is being made. This general liability insurance shall provide a minimum of $100,000 coverage per occurrence for property damage and $300,000 coverage per occurrence for personal injury or death. The policy or a binder evidencing the policy shall be furnished to the Chief of Police at least 21 calendar days prior to the commencement of the event. The policy shall name the town as an additional named insured and be issued by a carrier authorized to transact business in the state.
(5) The applicant shall be responsible for removal of all litter at the end of the event unless prior arrangements have been approved with Public Works.
(C) Permit process.
(1) Applicants for a temporary closure of a town-maintained street shall acquire and submit an application form to the Chief of Police at least 21 calendar days prior to the event.
(2) Applicants for a temporary closure of a state-maintained street shall acquire and submit an application form to the Chief of Police at least 60 days prior to the event. Only the State of North Carolina, Department of Transportation, has the authority to allow the closure of a state-maintained street within the town.
(3) The Chief of Police or his or her designee shall review the application and, if approved, return a copy of the signed permit application to the applicant at least 14 business days prior to the event. The applicant shall retain a copy of the permit for inspection by any law enforcement officer during the event.
(4) The Chief of Police or his or her designee shall have the authority to revoke the permit at any time if it is determined that the applicant is not complying with the provisions of this section, any town ordinance or state statute.
(5) If a permit is denied, the applicant may give notice of appeal to the Town Manager within five calendar days of the denial. The Town Manager has five business days to issue a decision based on the appeal. If the Town Manager upholds the denial of the permit, the applicant may appeal to the Town Board of Commissioners at the next regularly scheduled Town Board meeting by giving notice to the Town Clerk within five calendar days of the denial.
(D) Parade permit exceptions. The following activities are exempt from the provisions of this section:
(1) Funeral processions supervised by a licensed mortuary proceeding by a reasonable route from a funeral home, church or residence of a deceased to a memorial service or place of interment;
(2) Picketing or other peaceful demonstration at a fixed location that is not a public right- of-way;
(3) Official motorcades escorted by the town’s Police Department; and
(4) Wedding processions proceeding by a reasonable route by and between the residence of a member of the matrimonial party, the place of the matrimonial service, the place of reception or matrimonial celebration.
Penalty, see § 130.99