[HISTORY: Adopted by the City Council of the City of Paterson 4-12-1994
by Ord. No. 94-027. Amendments noted where applicable.]
In accordance with the provisions of § 137-2, a street may be temporarily closed for a block party or any recreational event to be conducted within an area not exceeding one (1) city block under the following conditions:
A.
No objection has been raised to the proposed block party
or recreational event by more than ten percent (10%) of the residents of the
properties fronting upon the street or portion thereof to be temporarily closed.
B.
The event is sponsored solely by and for the benefit
of the residents fronting on the street to be temporarily closed. The event
may be for commercial or advertising purposes or profit.
C.
The application for a permit is filed by a bona fide resident over the age of seventeen (17) of a property located on the street or portion thereof which is to be temporarily closed. Such resident may file through any civic or cultural organization or association of which the applicant is a member. The resident must be listed on the application as per § 137-4B(1) herein.
D.
A fee of thirty dollars ($30.) shall be paid for a permit
upon approval of the same by the Director of the Department of Public Works
unless said permit is for commercial or advertising purposes or profit in
which case a fee of one hundred dollars ($100.) shall be paid for same.
E.
The persons, organization or association to whom the
permit is issued shall be liable for all losses, damages or injuries sustained
by any person, whether a participant or spectator at the block party or recreational
event, whether or not said losses, damages or injuries arise by reason of
the negligence of the person, persons or organization to whom such permit
shall have been issued. The Department of Public Works shall require the applicant
to enter into a hold-harmless agreement, which agreement shall provide that
the applicant shall agree to save and hold the city harmless of and from any
and all obligations and liabilities which may arise from the temporary street
closing which represents the subject matter of the application. The applicant
shall further agree as part of these provisions to hold harmless the city
and to defend at his own cost and expense any claims or lawsuits instituted
by third parties, which obligations or liabilities might otherwise exist or
be asserted against the city. The Department of Public Works shall further
have the option to require that, prior to the issuance of a permit or commencement
of the temporary street closing for commercial advertising purposes or profit,
the applicant submit evidence of liability insurance covering damages to property
and injuries to members of the general public arising out of the temporary
street closing in such amounts as may be from time to time determined by the
Director of Public Works.
The applicant for the permit shall at the time of the application provide
an affidavit establishing proof of notice upon residents of properties fronting
upon the street or portion thereof to be closed. Said notice shall consist
of a copy of the application for the permit for a temporary street closing
and a notice to the resident that any objections to said temporary street
closing should be made directly to the Director of Public Works with a copy
to the applicant. Notice must be provided to the residents of the properties
in question by the applicant at least ten (10) days prior to the scheduled
event. Said notice may be served either by handing a copy to the resident
or residents or by leaving a copy thereof at the usual place of abode of said
tenant, property owner or resident. For the purposes of notice, multiple-family
dwellings may be served by service upon a homeowners' association if
a recognized association exists for the multifamily dwelling. If no homeowners'
association exists, each unit/apartment in the multifamily dwelling place
shall be considered one (1) residence and require individual notice. The applicant
shall submit an affidavit that all required notices have been duly served.
A.
All residents of properties fronting upon the street to be temporarily closed who have been duly noticed in accordance with § 137-2 above must submit their objections to the proposed temporary street closing, in writing, to the Director of Public Works within five (5) calendar days after the date of service of said notice.
B.
In no event shall a permit be issued by the Director
of Public Works for the temporary closing of any street until expiration of
the period within which objections may be submitted.
A.
No person may temporarily close or attempt to temporarily
close any street within the city to motor vehicle traffic without first obtaining
a permit from the Director of Public Works. Any activity conducted within
a closed street shall be conducted strictly in accordance with the conditions
specified in the permit issued by the Director of Public Works.
B.
Applications for a permit for temporary street closing
shall be made upon forms provided by the Director of Public Works and shall
contain all of the following information:
(1)
The name, residence and business addresses and phone
number of the organization or association sponsoring the temporary street
closing. If the sponsor is an organization or association, the application
shall contain the names, residence and business addresses and phone numbers
of the head of the organization and all persons:
(2)
The date or dates and beginning and ending hours of the
temporary street closing.
(3)
A description of the block to be closed by use of street
numbers, street name, intersecting street, etc.
(4)
The estimated number of persons who will participate
in the block party or recreational event for which the closing is sought.
(5)
The purpose of the street closing.
(6)
Whether parking is requested to be restricted or prohibited
during the closing.
(7)
Whether any sound amplification equipment is proposed
to be used and, if so, a description of the sound information equipment. A
separate loudspeaker permit is required if sound amplification is used during
the period the street is closed.
(8)
Whether or not charity, gratuity or offerings will be
solicited or accepted or food, beverages or any merchandise will be sold.
(9)
Affidavit attesting to proof of service on those owners,
residents and/or tenants of properties fronting upon the street or portion
thereof to be temporarily closed in accordance with this chapter.
(10)
Any other information which the Director of Public Works
considers reasonably necessary in order to carry out the provisions of this
section.
C.
An application for a street closing shall be filed in
triplicate not less than ten (10) working days before the scheduled date of
the temporary street closing. Failure to file within this period is sufficient
ground for denial of the permit.
A.
The Director of Public Works shall provide and remove
such barricades as are necessary. Applicants shall provide for the collection
and removal of all garbage and litter arising out of the temporary street
closing in accordance with the specifications of the Department of Public
Works.
B.
Prior to the issuance of a permit, applicants must comply
with all applicable state laws and city ordinances, including but not limited
to laws and Ordinances governing charitable solicitations, sale of food, beverages
and merchandise, the use of combustibles, and loudspeaker permits.
C.
Any permit issued under this section shall contain conditions
reasonably necessary to minimize the hazards to vehicular and pedestrian traffic
and the public health, safety and welfare of the residents of the City of
Paterson.
D.
The temporary closing of a street may be authorized by
permit between the hours of 9:00 a.m. to 9:00 p.m. during any one (1) day
of the week. In no event shall a street closing occur for any one (1) block
more than once during a calender year period.
E.
Any application for a permit under this section shall
be forwarded to the Chiefs of the Fire and Police Divisions to ensure compliance
with the standards set forth in this chapter. No permit for temporary street
closing shall issue unless approvals are obtained from the Chief of Police
and the Fire Chief.
A.
The Director of Public Works shall issue a permit authorizing
the temporary closing of a street when, based upon the information contained
in the permit and any other information he considers relevant and reports
received from the Fire and Police Divisions, he finds that all of the following
circumstances exist:
(1)
The applicant has not made any false or misleading statement
of material fact in the application for a permit or any other document required
by the Director of Public Works.
(2)
The application complies with the conditions set forth in § 137-1 and the applicant has paid in advance any fee required and agrees to the conditions imposed in the permit.
(3)
The time, duration and extent of the temporary street
closing will not substantially disrupt the orderly and safe movement of other
traffic.
(4)
The temporary street closing will not prevent the diversion
of so great a number of police officers to areas contiguous to the closing
as to prevent normal police protection within the city.
(5)
The concentration of persons will not unduly interfere
with proper fire and police protection or ambulance services to areas contiguous
to the street to be closed.
(6)
The temporary street closing will not unduly interfere
with the orderly operation of parks, hospitals, churches, schools or other
public and quasi-public institutions within the city.
(7)
The applicant will provide reasonable means by posting
notices in prominent areas of the street to be closed at least forty-eight
(48) hours in advance of the temporary street closing for residents or tenants
fronting on the street to be closed and all persons participating in the street
closing of the terms of the permit and all applicable laws and ordinances.
B.
The Director of Public Works may waive one (1) or more of the requirements of Subsection A of this section if he finds that such waiver will not affect public safety or convenience. The Director of Public Works may not, under any circumstances, waive the necessary approvals of the Fire and Police Divisions or the other requirements of § 137-1, 137-2, 137-3, 137-4 or 137-5.
A.
The Director of Public Works shall furnish the applicant
with written notice of the issuance or denial of a permit within two (2) working
days after expiration of the period for objections or as soon as practicable
if the application is made less than ten (10) days in advance of the proposed
date of the proposed street closing. If a permit is denied, the Director of
Public Works shall state the reason for the denial, in writing.
B.
An applicant may appeal, in writing, the denial of a
permit to the Public Safety Director within two (2) working days of the date
of denial by the Director of Public Works. The Public Safety Director shall
set a hearing on the appeal within two (2) working days of receipt of the
appeal. After holding a hearing, the Public Safety Director may reverse, affirm
or modify in any respect the decision of the Director of Public Works.
C.
The Director of Public Works may waive the time limitations in § 137-4 for filing an application, and the Public Safety Director may waive the time limitations in this section for filing an appeal if either of them finds that unusual circumstances or good cause exists and that no unreasonable burden upon the city or its citizens will be created by any waiver. No time limit may be waived upon the initial application which would shorten the time period for or deny the right of objection to tenants, residents or property owners fronting on the street or portion thereof to be temporarily closed.
D.
The Director of Public Works shall forward a copy of
the permit to the City Clerk, who shall keep the same on file for inspection.
Any permit for a temporary street closing may be revoked by the Director
of Public Works, the Chief of the Police Division or the Chief of the Fire
Division at any time when, by reason of emergency, disaster, disorder, traffic
conditions, violation of the conditions of the permit or undue burden on public
services, he determines that the health, safety and welfare of the city requires
said revocation. Notice of revocation of a permit shall be delivered, in writing,
to at least one (1) person named upon the permit by personal service or by
certified mail, or if the temporary closing has commenced, notice may be given
orally or in writing, by personal contact or service or by telephone to at
least one (1) person named upon the permit.
The Director of Public Works shall post the proper warning signs of
any temporary street closing in any and all streets or portion of streets
connected with the closing.
Any person or association who closes or attempts to close a street to
vehicular or pedestrian traffic without first having obtained a permit from
the Director of Public Works shall be subject to a fine not to exceed one
thousand dollars ($1,000.), imprisonment for not more than ninety (90) days
or a period of community service for not more than ninety (90) days, or any
combination thereof.
