[Added 11-8-1994 by L.L. No. 8-1994]
In order to ensure that the use of village-owned
and/or -operated streets, sidewalks and rights-of-way in the village
will be used to promote the health, safety and welfare of its citizens
and to further ensure that such use shall bear a reasonable relation
to the public good, the following provisions shall apply.
A.
For uses other than normal public use, certain nonmunicipal
uses may be authorized by special permit to be issued by the Village
Clerk after approval by the Village Board of Trustees. Such nonmunicipal
uses include sidewalk area sales and/or displays, musical and talent
events and the like.
B.
An application for such a nonmunicipal use permit
shall be made to the Village Clerk, in writing, no less than 45 days
prior to the date the nonmunicipal use event is scheduled to commence.
Such application shall contain the following information:
(1)
A description of the applicant by name, address and
telephone numbers, a statement of its purposes, a list of its membership
by name and address and a copy of its constitution, bylaws or other
governing document.
(2)
A description of the use applied for including the
date or dates of the use event and the areas of the village owned
and/or controlled by the village to be occupied for such use. The
application shall contain the estimate of the number of participants
and spectators anticipated to attend the event.
(3)
A detailed description of the rules, regulations and
restrictions which will apply to those organizations, businesses and/or
persons participating in the use, how the participants are selected
and the basis for rejecting or refusing participation.
(4)
Specifications of plans to protect the public and
use participants by way of vehicular and pedestrian traffic control
and the planned issuance of liability insurance to include the village
as a named insured, stating the name of the insuring company and the
amount of insurance for the protection against bodily injury and property
damage. The application shall contain the planned coordination necessarily
involving other governments and/or agencies.
(5)
All applications shall include applicant's tax identification
number.
The fee to be charged for such nonmunicipal
use permit shall be as set forth from time to time by resolution of
the Board of Trustees.
The issuance or rejection of the application
shall be in the sole discretion of the Village Board of Trustees consistent
with the purpose of provisions of this article. The Board of Trustees
shall attach to any permit such conditions and restrictions as it
deems necessary or appropriate.
The applicant shall at all times maintain at
the village office a current roster of all participants whom the applicant
has approved and whom the applicant has disapproved to participate
in the nonmunicipal use event.
[Added 3-14-1995 by L.L. No. 1-1995]
A.
It shall be unlawful for any person, corporation or
other entity to use the village-owned and/or operated streets, sidewalks
and rights-of-way as herein provided without a nonmunicipal use permit.
B.
All persons, corporations or other entities other
than the applicant so using the village-owned and/or operated streets,
sidewalks and rights-of-way must have a written permit from the applicant.
[Added 3-14-1995 by L.L. No. 1-1995]
A.
Criminal penalty. Any person who violates any provision
of this article shall, upon conviction thereof, be subject to a fine
not to exceed $250 or to imprisonment for a term not to exceed 15
days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this article.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this article
nor a judgment in or the pendency of a civil action of law or in equity
shall be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this
article shall not excuse the violation or permit it to continue, and
the remedies herein provided for penalties and civil action to enjoin
or abate a violation shall be cumulative.
