(a) Permit required; application; closing of streets; use of barricades.
(1) No person shall use any public street to conduct a block party, as defined in § 402.055, without first obtaining a block party permit.
(2) No person shall use any public street to conduct a block party, as defined in § 402.055, without first closing the public street by the use of barricades supplied by the City of Xenia. Barricades shall be portable so that they can be moved in the event of an emergency. At no time shall an intersection be blocked so as to impede the flow of traffic during the event.
(3) No permit shall be issued for a block party requiring the closing of a public thoroughfare within the city without first obtaining the express written approval of the Police Division and the Fire Division. Under no circumstances shall any street be closed for more than one day. No block party shall be conducted between the hours of 11:00 p.m. and 9:00 a.m. of the following day unless permitted by the City Manager.
(4) Application for a block party permit shall be made at the office of the City Manager upon the forms provided. The application shall be filed not less than five work days before the date of the block party.
(5) The application shall as a minimum include:
A. The name and address of the person in charge of the block party;
B. The date when the block party will be conducted;
C. The time the block party will begin and the time it will end;
D. The specific location where the block party will be conducted; and
E. The express agreement that the applicant will comply with all laws and keep the general area free of litter.
(6) Each application shall be accompanied by an application fee, as set forth in the fee schedule in Part Two - Title Twelve, Chapter 298 of these Codified Ordinances.
(7) The City Manager may issue a block party permit if the following requirements are met.
A. The applicant has completed the application.
B. The applicant has submitted a petition bearing the signatures of 60 percent of the property owners and/or tenants, or building managers, whose property adjoins the public street being closed. A petition with less than the required signatures may be accepted, provided the applicant has demonstrated a good faith effort in attempting to contact the property owners, tenants or building managers who did not sign the petition.
C. The applicant has executed the indemnity agreement required under subsection (b) of this section.
(8) The permit may be refused, canceled or revoked if:
A. The time, place, size or conduct of the block party would unreasonably interfere with the public convenience and safe use of the streets and highways;
B. The block party would require the diversion of so great a number of police officers as to deny normal police protection to the city;
C. The block party would unreasonably interfere with the movement of police vehicles, fire-fighting equipment, paramedic/ambulance service or public service vehicles and equipment to other areas of the city;
D. The information contained in the application is found to be false, misleading or incomplete in any material detail;
E. The individuals associating in the block party would provide, permit, consume, possess, sell, furnish or offer any alcoholic beverages; and
F. The individuals associating in the block party would permit or engage in any activity prohibited by Ohio R.C. Title 29 and the General Offenses Code (Part Six of these Codified Ordinances).
(b) Indemnification and hold harmless agreement.
(1) The applicant shall agree in writing to hold the city, its employees, agents, servants, boards and commissions harmless from liability arising from the issuance of the block party permit and from the conduct of the participants of the block party.
(2) The applicant shall agree in writing to indemnify the city, its employees, agents, servants, boards and commissions against all claims of injury or damage to persons or property caused by the negligent acts of the applicant.
(c) Clean-up costs and city services.
(1) The applicant shall provide for the collection and removal of all trash, garbage and litter caused by or arising out of the block party. The city may impose a service fee for any clean-up costs incurred by the city as a result of the block party.
(2) A city department or division shall post and publish in the City Manager’s office a schedule of fees applicable to block parties for at least 60 days before imposing any service fees. A city department or division imposing service fees shall do so in a uniform manner for all block parties.
(Ord. 00-51, passed 9-28-2000; Am. Ord. 05-08, passed 3-24-2005; Am. Ord. 06-61, passed 9-28-2006)