[Adopted 10-7-1998 by Ord. No. 351 as Title 7, Ch. 7, of
the 1998 Code]
The streets in possession of the Village are primarily for the
use of the public in the ordinary way. However, under proper circumstances,
the Village Clerk-Treasurer 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 Village can be protected
and maintained.
A written application for a street use permit by persons or
groups desiring the same shall be made on a form provided by the Village
Clerk-Treasurer and shall be filed with the Village Clerk-Treasurer.
The application shall set forth the following information regarding
the proposed street use:
A.
The name, address and telephone number of the applicant or applicants.
B.
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.
C.
The name, address and telephone number of the person or persons who
will be responsible for conducting the proposed use of the street.
D.
The date and duration of time for which the requested use of the
street is proposed to occur.
E.
An accurate description of that portion of the street proposed to
be used.
F.
The approximate number of persons for whom use of the proposed street
area is requested.
G.
The proposed use, described in detail, for which the street use permit
is requested.
The person or representative of the group making application
for a street use permit shall be present when the Village Board 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.
A.
An application
for a street use permit may 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 Village.
(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 above.
(5)
The application requests a period for the use of the street in excess
of five days.
(6)
The proposed use could equally be held in a public park or other
location.
B.
In addition
to the requirement that the application for a street use permit shall
be denied, as hereinabove set forth, the Village Board may deny a
permit for any other reason or reasons if it concludes that the health,
safety and general welfare of the public cannot adequately be protected
and maintained if the permit is granted.
The applicant for a street use permit may be required to indemnify,
defend and hold the Village and its employees and agents harmless
against all claims, liability, loss, damage or expense incurred by
the Village 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 Village of Randolph. The applicant may be required
to furnish a performance bond prior to being granted the permit.
A street use permit for an event in progress may be terminated
by the Village President or a law enforcement officer 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 permit or ordinances of the Village of
Randolph. The Village President or a law enforcement officer 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.
