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 Administrator 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
Administrator and shall be filed with the Village Administrator. 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.
Before any application for a street use permit is considered
by the Village Board, the application shall be reviewed by the Street
Commissioner 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.
Each application for a street use permit shall be accompanied
by a fee of $25.
In addition to the fee required by §
430-29, 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% 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 on a form provided by the Village Administrator.
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 Kimberly. 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 Fox Valley Metro 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 permit or ordinances of the Village of Kimberly.
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.