a. Anyone other than City franchisees desiring to use a portion of public right-of-way, space, lane or street for a private business or personal use must first obtain a right-of-way easement from the City.
b. Applications for easements for right-of-way use that are permanent in nature, or temporary or for a limited number of years, shall be filed with the City Engineer. Such applications must include a detailed specific map of the location and proposed closure, description of type of use, length of time needs, and payment of the application fee. If the City Engineer or designee determines that the circumstances or length of time of a proposed use are such that City Council review is desirable, the City Engineer or designee may submit the request to the City Council for approval.
c. Easements that are permanent in nature shall require approval of the City Council prior to issuance.
d. Applications for temporary street and/or lane closures, parades, block parties, right-of-way, temporary use, transient vendor, tent or canopy, or special event shall be filed with the Tyler Police Department. Such applications must include a detailed specific map of the location and proposed closure, description of the type of use, length of time needed, proof of notification of businesses and properties within the proposed closure area, and payment of the application fee.
e. Fees for applications filed pursuant to subsections b. and d.:
1. Right-of-way use easement, permanent in nature - $350.00, payment due prior to issuance.
2. Right-of-way use easement fee, temporary or for a limited number of years - $100.00 review fee plus $100.00 per year times the number of years of easement, payment due prior to issuance. If the closure of a space, lane, street, or portion thereof will affect the normal flow of traffic and/or function of vehicular traffic, a Temporary Street Use Permit Form for Street/Lane Closure/Use of Public Right-of-Way Application shall be filed with the Police Department in accordance with subsection h. or i. below, as applicable. However, if such application relates to an event that is to occur in the Downtown Tyler Business, Arts. And Culture District (DBAC), then said application shall first be filed with the Main Street Director. Following review by the Main Street Director, the application for DBAC shall then be forwarded to the Police Department. There shall be a fee of $75.00 for the City's costs associated with such Temporary Street or Lane Closure pursuant to subsection h. or i., which shall be in addition to the right-of-way use easement fee in subsection e.2. of this Section. However, applications for closures within the DBAC shall instead require a fee according to the application tier level. Tier 1 shall be of $250 per day, or $100 per day if the applicant is a DBAC business, for the City's costs associated with the event. Tier 2 shall be of $450 per day, or $200 per day if the applicant is a DBAC business, for the City's costs associated with the event. Tier 3 shall be of $3,500 per day, or $1,500 per day if the applicant is a DBAC business, for the City's costs associated with the event. In addition, DBAC applications require a deposit of $1,000 for Tier 1 and $3,000 for Tier 2 and 3. The deposit is due at time of application.. This deposit is refundable upon City of Tyler's finding of adequate clean-up of the closure area and areas adjacent to the closure boundaries.
2. Right-of-way use easement fee, temporary or for a limited number of years - $100.00 review fee plus $100.00 per year times the number of years of easement, payment due prior to issuance. If the closure of a space, lane, street, or portion thereof will affect the normal flow of traffic and/or function of vehicular traffic, a Temporary Street Use Permit Form for Street/Lane Closure/Use of Public Right-of-Way Application shall be filed with the Police Department in accordance with subsection h. or i. below, as applicable. However, if such application relates to an event that is to occur in the Downtown Tyler Business, Arts. And Culture District (DBAC), then said application shall first be filed with the Main Street Director. Following review by the Main Street Director, the application for DBAC shall then be forwarded to the Police Department. There shall be a fee of $75.00 for the City's costs associated with such Temporary Street or Lane Closure pursuant to subsection h. or i., which shall be in addition to the right-of-way use easement fee in subsection e.2. of this Section. However, applications for closures within the DBAC shall instead require a fee according to the application tier level. Tier 1 shall be of $250 per day, or $100 per day if the applicant is a DBAC business, for the City's costs associated with the event. Tier 2 shall be of $450 per day, or $200 per day if the applicant is a DBAC business, for the City's costs associated with the event. Tier 3 shall be of $3,500 per day, or $1,500 per day if the applicant is a DBAC business, for the City's costs associated with the event. In addition, DBAC applications require a deposit of $1,000 for Tier 1 and $3,000 for Tier 2 and 3. The deposit is due at time of application.. This deposit is refundable upon City of Tyler's finding of adequate clean-up of the closure area and areas adjacent to the closure boundaries.
f. Any person aggrieved by the granting, or denial or other action regarding an application under this Section may appeal the action within ten (10) calendar days from the date of action in accordance with Chapter 1, Article IV.
g. Other fees. The City Manager may recommend that additional fees be charged due to unusual circumstances such as the nature of the request, length of time requested, or extent of review necessary.
h. Temporary Street or Land Closure Application for Social Events, Athletic Events, Block Parties, Lane, or Street Closures, etc. Anyone desiring to use a portion of public right-of-way or space that would obstruct the natural flow and/or function of vehicular traffic for a social event, parade, fund raiser, athletic event or similar event must apply to the Police Department at least sixty (60) calendar days prior to closure. A Temporary Street or Lane Closure Application can be obtained from and filed with the Police Department. However, if such application relates to an event that is to occur in the Downtown Tyler Business, Arts. And Culture District (DBAC), then said application shall first be filed with the Main Street Director. Following review by the Main Street Director, the application for DBAC shall then be forwarded to the Police Department. Using the Standards set forth in subsection j., the Main Street Director has the right to limit the number of closures in the DBAC per month.
Except for block parties and/or street closures within the DBAC, there shall be a fee of $75.00 for the City's costs associated with such Temporary Street or Lane Closure, which shall be in addition to the right-of-way use easement fee in subsection e.2. of this Section. Applications for closures within the DBAC shall require a fee according to the application tier level. Tier 1 shall be of $250 per day, or $100 per day if the applicant is a DBAC business, for the City's costs associated with the event. Tier 2 shall be of $450 per day, or $200 per day if the applicant is a DBAC business, for the City's costs associated with the event. Tier 3 shall be of $3,500 per day, or $1,500 per day if the applicant is a DBAC business, for the City's costs associated with the event in addition, DBAC applications require a deposit of $1,000 for Tier 1 and $3,000 for Tier 2 and 3. The deposit is due at time of application. This deposit is refundable upon City of Tyler's finding of adequate clean-up of the closure area and areas adjacent to the closure boundaries. Such application shall provide the following information:
Except for block parties and/or street closures within the DBAC, there shall be a fee of $75.00 for the City's costs associated with such Temporary Street or Lane Closure, which shall be in addition to the right-of-way use easement fee in subsection e.2. of this Section. Applications for closures within the DBAC shall require a fee according to the application tier level. Tier 1 shall be of $250 per day, or $100 per day if the applicant is a DBAC business, for the City's costs associated with the event. Tier 2 shall be of $450 per day, or $200 per day if the applicant is a DBAC business, for the City's costs associated with the event. Tier 3 shall be of $3,500 per day, or $1,500 per day if the applicant is a DBAC business, for the City's costs associated with the event in addition, DBAC applications require a deposit of $1,000 for Tier 1 and $3,000 for Tier 2 and 3. The deposit is due at time of application. This deposit is refundable upon City of Tyler's finding of adequate clean-up of the closure area and areas adjacent to the closure boundaries. Such application shall provide the following information:
1. Name and address of applicant, sponsors and/or organizers, and/or property owner who will benefit from the closure.
2. Map of street closure requested.
3. Purpose and duration of closure from beginning of setup to final cleanup.
4. Estimated number of persons to participate in the event.
5. Proof of notification of closure application to all businesses and properties within and adjacent to the proposed closure area.
6. Anticipated damage to street, curbs, sidewalks, etc., because of the demolition, construction, or maintenance project.
7. Traffic flow route with traffic control devices (cones, barricades, detour signs, etc.) marked.
8. Statement of availability of general liability insurance with City as co-insured.
9. Application fee according to DBAC Tier fee level.
9. Application fee according to DBAC Tier fee level.
10. Clean-up deposit of $1,000 or $3,000 when event is in DBAC.
i. Temporary Street or Land Closure Application for Demolition, Construction or Maintenance. Anyone in the construction or maintenance business desiring to use a portion of public right-of-way or space for demolition, construction, maintenance, or related activities must file a Temporary Street or Lane Closure Application with the Police Department in conjunction with a Temporary right-of-way easement. A Temporary Street or Lane Closure Application can be obtained from and filed with the Police Department. There shall be a fee of $75.00 for the City's costs associated with preparation, which shall be in addition to the right-of-way use easement fee in subsection e.2. of this Section. Application for closures within the Downtown Tyler Business, Arts and Culture (DBAC) District require at minimum of seven (7) day notice unless otherwise approved. Such application shall provide the following information
1. Name and address of applicant and/or property owner; and the construction or maintenance business owner, legal manager, or authorized agent, and the affiliated business name.
2. Limits of street closure requested and a detailed specific map of the area that the applicant(s) request be closed.
3. Purpose and duration of closure.
4. Names and addresses of adjacent property owners or tenants who may be affected by the closure and any contacts made by applicant.
5. Alternatives to street closure.
6. Anticipated damage to streets, curbs, sidewalks, etc., because of the event.
7. Statement of availability of general liability insurance with City as co-insured.
j. The Chief of Police, Main Street Director, Traffic Engineer, or designee(s), shall approve or deny an application under subsection h or i. An application may be denied if:
(a) The information contained in the application is found to be false or incomplete in any material aspect; or'
(b) The applicant has conducted an event in violation of this Article or other applicable law; or
(c) Conduct of the event at the time and place or in a manner proposed will substantially disrupt the safe and orderly movement of vehicular or pedestrian traffic contiguous to the event, and/or would place undue burdens on the public, area businesses, government offices, City staff and/or resources; or
(d) The event is reasonably likely to interfere adversely with the provisions of adequate police, fire, emergency or other necessary services to other parts of the City; or
(e) Emergency conditions or other exigent circumstances then existing within the City require that the public streets remain open to the free and unencumbered transportation of emergency crews, equipment and materials.
k. The Police, Fire, Traffic, Transit, Planning, Main Street and Street Departments shall be notified of any temporary closure approved under Subsection h. or i. via E-mail or other means.
l. Street Cuts. Street cuts are governed by City Code Section 15-266. (Ord. 0-98-43, 5/27/98) (Ord. 0-2002-38; 9/11/2002) (Ord. 0-2003-8, 3/12/03) (Ord. No. 0-2015-33; 3/25/15) (Ord. No. O-2018-20; 2/14/18) (Ord. No. O-2020-35; 4/8/20)
(a) The information contained in the application is found to be false or incomplete in any material aspect; or'
(b) The applicant has conducted an event in violation of this Article or other applicable law; or
(c) Conduct of the event at the time and place or in a manner proposed will substantially disrupt the safe and orderly movement of vehicular or pedestrian traffic contiguous to the event, and/or would place undue burdens on the public, area businesses, government offices, City staff and/or resources; or
(d) The event is reasonably likely to interfere adversely with the provisions of adequate police, fire, emergency or other necessary services to other parts of the City; or
(e) Emergency conditions or other exigent circumstances then existing within the City require that the public streets remain open to the free and unencumbered transportation of emergency crews, equipment and materials.
k. The Police, Fire, Traffic, Transit, Planning, Main Street and Street Departments shall be notified of any temporary closure approved under Subsection h. or i. via E-mail or other means.
l. Street Cuts. Street cuts are governed by City Code Section 15-266. (Ord. 0-98-43, 5/27/98) (Ord. 0-2002-38; 9/11/2002) (Ord. 0-2003-8, 3/12/03) (Ord. No. 0-2015-33; 3/25/15) (Ord. No. O-2018-20; 2/14/18) (Ord. No. O-2020-35; 4/8/20)
In this Article, the following words and terms have the following meaning:
Block party means a neighborhood event occurring in a residential neighborhood that would involve closing a residential street temporarily for the duration of the event. (Ord. No. 0-2015-33; 3/25/15)
Parade means an assembly of three (3) or more persons gathering for the common design of moving in or upon any public street from one location to another, whether on foot, on horseback, or by mechanical conveyance, as part of a procession, march, pageant, ceremony, or like event.
Commercial parade means a parade sponsored other than by a nonprofit organization, the purpose of which is to advertise a product, whether tangible or intangible, to advertise or promote an exhibition or theatrical performance, or otherwise operate to the pecuniary benefit of the sponsor.
Parade permit means a written consent or permit to conduct a parade issued pursuant to written application and approval hereunder.
Street means the entire width between the curb and gutter, or edge of pavement, of every road or way publicly maintained when any part thereof is open to the use of the public for vehicular traffic. (Ord. No. 0-2015-33; 3/25/15)
Permittee means a person to whom a parade permit has been granted under this Article. (Ord. 0-98-43, 5/127/98)
DBAC means the Downtown Business, Arts and Culture District that is bordered by Gentry Parkway to the north, Front Street to the south, Beckham Avenue to the east and Palace Avenue to the west. (Ord. No. O-2018-20; 2/14/18)
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