[Adopted 5-18-2010 by Ord. No. 2010-12]
The purpose of Article VI is to set forth a procedure whereby residents may apply for and receive permission to close specified streets during specified hours in order to accommodate block parties, or similar community celebrations or events on Borough streets.
Whenever used in this article, the following terms shall have
the following meanings:
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing municipal roadway, which is
shown upon a plat heretofore approved pursuant to law, which is on
a plat duly filed and recorded in the office of the county recording
officer or which is approved by official action as provided by the
Borough Code, and includes the land between the street lines, whether
improved or unimproved, and may comprise pavement, shoulders, gutters,
sidewalks, parking areas and other areas within the street lines.
No person or persons, association, firm or corporation shall
cause or permit a Borough street to be closed for the purpose of conducting
a street fair, sidewalk sale or block party without first having procured
permission from the Mayor and Borough Council, or its designee.
The Mayor and Council shall not consider any application for
the closing of a Borough street unless and until the person or persons,
association, firm or corporation requesting such permission shall
first file with the Borough Clerk an application requesting such permission,
stating the location of the proposed street closing and the period
of such closing, which period shall not exceed 48 continuous hours,
together with the purpose of such street closing and the name, address
and telephone number of the individual, group or organization applying
for such street closure, together with a map of the street or section
thereof to be closed, showing the proposed method of effecting the
street closing and the location of the barriers to be used in restricting
the flow of vehicular traffic through the closed street. The application
may be in the form of a letter with appropriate attachments as may
be necessary. Said application shall be reviewed by the Chief of Police
or his designee, for purposes of public safety and traffic flow, and
a recommendation shall be made to the Mayor and Council.
If, after examining the application and the map provided for in § 205-36 hereof, the Mayor and Council shall be of the opinion that the proposed street closing will not create conditions inimical to the public health, welfare and safety, permission to close the street shall be granted. Such permission shall be effective for a period of time not to exceed 48 continuous hours.
If permission to close the street shall be granted, the person
or persons, association, firm or corporation requesting such closing
shall conduct the operation so that there shall be minimum inconvenience
to the general public, including providing written notice to all owners
of property fronting on the portion of the street to be closed, and
in such a manner that, upon the expiration of the permitted street
closing period, such street is reopened free of any debris, refuse
or other material interfering with the safe and free passage of pedestrians
and vehicles.
Each applicant, prior to receipt of a permit, shall provide
the Borough with a certificate or certificates of insurance indicating
to the satisfaction of the Borough that policies of the general liability
insurance and excess umbrella liability insurance have been issued
and are in force at the time of the street closing. Said policy or
policies shall contain limits of liability in an amount to be determined
by the Mayor and/or Borough Administrator at the time permission is
granted for the street closing. The Mayor and/or Borough Administrator
may waive the provisions and requirements of this section when deemed
appropriate.
It shall be the duty and responsibility of any applicant to
agree to save the Borough, its officers, employees and agents harmless
from any and all costs, damages and liabilities which may accrue or
be claimed to accrue by reason of the street closing. The acceptance
of any permit under this article shall constitute such agreement whether
the same is expressed or not.
Any person or persons, association, firm or corporation violating any of the provisions of this article shall be subject to a fine as set forth in § 1-17 of this Code, as may be imposed by the Municipal Court, in its discretion. Each day that such violation exists shall constitute a separate offense.
