[Adopted as Title 7, Ch. 8, of the 1995 Code]
[Amended 11-17-2022 by Ord. No. 2022-6]
The streets in possession of the Village of Fredonia are primarily
for the use of the public in the ordinary way. However, under proper
circumstances, the Village Clerk 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.
[Amended 11-17-2022 by Ord. No. 2022-6]
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 and shall be filed with the Village Clerk. 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 Director
of Public Works and Village Marshal 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.
An application for a street use permit shall be denied if:
A.
The proposed street use is primarily for private or commercial gain.
B.
The proposed street use would violate any federal or state law or
any ordinance of the Village.
C.
The proposed street use will substantially hinder the movement of
police, fire, or emergency vehicles, constituting a risk to persons
or property.
D.
The application for a street use permit does not contain the information
required above.
E.
The application requests a period for the use of the street in excess
of five days.
F.
The proposed use could equally be held in a public park or other
location. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Each application for a street use permit shall be accompanied
by a fee in accordance with the Village's current Schedule of Fees,
which is on file in the Village office.
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 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 in substantially the following form:
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PETITION FOR STREET USE PERMIT
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We, the undersigned residents of the _____ hundred block of
_________ Street in the Village of Fredonia, hereby consent to the
__________ recreational or business use of this street between the
hours of __________ and __________ on __________, the __________ day
of __________, 20 __________, for the purpose of ____________________
and do hereby consent to the Village of Fredonia to grant a street
use permit for use of the said portion of said street for said purpose
and do hereby agree to abide by such conditions of such use as the
Village of Fredonia shall attach to the granting of the requested
street use permit. We further understand that the permit will not
be granted for longer than six hours on the date hereinabove specified,
and agree to remove from the street prior to the end of said period
all equipment, vehicles and other personal property placed or driven
thereon during the event for which a permit is granted. We designate
__________ as the responsible person or persons who shall apply for
an application for a street use permit.
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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 Fredonia. 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 permits or ordinances of the Village
of Fredonia. A law enforcement officer shall 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.
