§ 40-111. Procedure.

(a)

Purpose. The streets in possession of the City are primarily for the use of the public in the ordinary way. However, under proper circumstances, the Common Council may grant a permit for street use, subject to reasonable municipal regulation and control. Therefore, this article is enacted to regulate and control the use of streets pursuant to a street use permit to the end that the health, safety and general welfare of the public and the good order of the City can be protected and maintained.

(b)

Application. A written application for a street use permit by persons or groups desiring the same shall be made on a form provided by the City Clerk-Treasurer and shall be filed with the City Clerk-Treasurer. The application shall set forth the following information regarding the proposed street use:

(1)

The name, address and telephone number of the applicant.

(2)

If the proposed street use is to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorizing responsible heads of such organization.

(3)

The name, address and telephone number of the person who will be responsible for conducting the proposed use of the street.

(4)

The date and duration of time for which the requested use of the street is proposed to occur.

(5)

An accurate description of that portion of the street proposed to be used.

(6)

The approximate number of persons for whom use of the proposed street area is requested.

(7)

The proposed use, described in detail, for which the street use permit is requested.

(c)

Representative at meeting. The person or representative of the group making application for a street use permit shall be present when the Common Council gives consideration to the granting of said street use permit to provide any additional information which is reasonably necessary to make a fair determination as to whether a permit should be granted.

(d)

Review by Chief of Police and Director of Public Works. Before any application for a street use permit is considered by the Common Council, the application shall be reviewed by the Director of Public Works and Chief of Police for their recommendation as to the effect that the temporary closing of the street will have on the public safety and traffic movement in the area during the time the street may be closed.

(e)

Mandatory denial of street use permit. An application for a street use permit shall be denied if:

(1)

The proposed street use is primarily for private or commercial gain.

(2)

The proposed street use would violate any Federal or State law or any ordinance of the City.

(3)

The proposed street use will substantially hinder the movement of police, fire or emergency vehicles, constituting a risk to persons or property.

(4)

The application for a street use permit does not contain the information required Subsections (e)(1) through (3) of this section.

(5)

The application requests a period for the use of the street in excess of 12 hours.

(6)

The proposed use could equally be held in a public park or other location. In addition to the requirement that the application for a street use permit shall be denied, as hereinabove set forth, the Common Council may deny a permit for any other reason if it concludes that the health, safety and general welfare of the public cannot adequately be protected and maintained if the permit is granted.

(f)

Permit fee. Each application for a street use permit shall be accompanied by a fee of an amount established by the Common Council made available in the City Clerk-Treasurer's office.

(g)

Consent to issuance.. In addition to the fee required by the previous subsection, each application for a street use permit, except for parades or races sponsored by civic, youth or scout organizations which have been in existence for at least six months, shall be accompanied by a petition designating the proposed area of the street to be used and time for said proposed use, said petition to be signed by not less than 75 percent of the residents over 18 years of age residing along that portion of the street designated for the proposed use. Said petition shall be verified and shall be submitted in substantially the following form:

PETITION FOR STREET USE PERMIT

We, the undersigned residents of the ____________ hundred block of ____________ / ____________ / ____________ Street in the City, hereby consent to the ____________ / ____________ / ____________ recreational or business use of this street between the hours of ____________ and ____________ on ____________ / ____________ / ____________ , the ____________ day of ____________ / ____________ / ____________ , 19 ____________ , for the purpose of ____________ and do hereby consent to the City to grant a street use permit for use of the said portion of said street for said purpose and do hereby agree to abide by such conditions of such use as the City shall attach to the granting of the requested street use permit. We further understand that the permit will not be granted for longer than six hours on the date hereinabove specified, and agree to remove from the street prior to the end of said period all equipment, vehicles and other personal property placed or driven thereon during the event for which a permit is granted. We designate ____________ as the responsible person who shall apply for an application for a street use permit.

(h)

Insurance. The applicant for a street use permit may be required to indemnify, defend and hold the City and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the City on account of any injury to or death of any person or any damage to property caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform the conditions of the permit, the applicant may be required to furnish a Certificate of Comprehensive General Liability Insurance with the City. The applicant may be required to furnish a performance bond prior to being granted the permit.

(i)

Termination of a street use permit. A street use permit for an event in progress may be terminated by the Police Department if the health, safety and welfare of the public appears to be endangered by activities generated as a result of the event or the event is in violation of any of the conditions of the permits or ordinances of the City. The Chief of Police has the authority to revoke a permit or terminate an event in progress if the event organizers fail to comply with any of the regulations in the street use policy or conditions stated in the permit.

(Code 1991, § 7-9-1)