[Adopted 1-8-1988 as Title 7, Ch. 8 of the 1988 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.
Applications for a street use permit shall be reviewed by the Chief of Police and the Director of Public Works 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. If the Chief of Police and/or the Director of Public Works feels that the application needs further consideration, then § 464-23 shall apply.
The person or representative of the group making
application for a street use permit should, upon recommendation from
the Chief of Police and/or Director of Public Works, appear before
the Village Board 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 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 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 six hours.
(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.
Each application for a street use permit shall
be accompanied by a fee as set by the Village Board.[1]
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 to the Village of Siren. 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 Police Department if the health, safety and
welfare of the public appear 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 Village of Siren. 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.
