The streets in possession of the City of New Lisbon 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, including when the event involves the consumption of alcoholic beverages. 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.
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:
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 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. The Council shall consider 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.
A. 
An application for a street use permit shall be denied if:
(1) 
Unless for an auction, the proposed street use is primarily for private or commercial economic gain, except for specific civic or community events authorized by the Common Council.
(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 above.
(5) 
The application requests a period for the use of the street in excess of 48 hours.
(6) 
The proposed use could equally be better 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 Council 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 fee for a street use permit shall be set by the Common Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The requirements of §§ 435-27 and 435-30 are not applicable to certain community events recognized by the Common Council as falling within this exception. Open consumption and/or sales of alcoholic beverages may be allowed for these limited community events.
In addition to the fee required by the previous section, each application for a street use permit, except for parades or races sponsored by civic, youth, or school 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 City Clerk-Treasurer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 to the City of New Lisbon. The applicant may be required to furnish a performance bond prior to being granted the permit.
The holder of any permit issued under this article shall return the street to the condition that existed prior to the use by the time the permit expires. The City will make such restoration in the event that the permit holder fails to do so and shall bill the permit holder for the cost incurred by the City in performing this work. Failure to make timely payment within a reasonable time after receiving the statement for cleaning work shall constitute grounds for refusal to grant the permit holder any other permit in the future.
A street use permit for an event in progress may be terminated by the Chief of Police 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 City of New Lisbon. The Chief of Police have 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).