[Adopted 1-2-1991 as Title 7, Ch. 8 of the 1991 Code]
The streets in possession of the Town are primarily
for the use of the public in the ordinary way. However, under proper
circumstances, the Town 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 Town 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 Town Clerk and shall be filed with the Town 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 Town
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.
[Amended 6-6-2007 by Ord. No. 2007-7]
The application shall be reviewed by the Town
Administrator 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. The Town Administrator has the
authority to approve or deny an application.
[Amended 6-6-2007 by Ord. No. 2007-7]
A.
An application for a street use permit shall be denied
if:
(1)
The proposed street use is primarily for private or
commercial gain.
(2)
The proposed street use would violate any federal
or state law or any ordinance of the Town.
(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 eight hours.
B.
In addition, the Town Administrator may deny a permit
for any other reason or reasons if the Town Administrator concludes
that the health, safety and general welfare of the public cannot adequately
be protected and maintained if the permit is granted. If the Town
Administrator denies the permit, the person or representative of the
group making application for a street use permit may appeal the denial
to the Town Board. Said applicant shall be present when the Town 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.
Each application for a street use permit shall
be accompanied by a deposit as set by the Town Board for use of barricades.
[Amended 10-4-2006 by Ord. No. 2006-11]
In addition to the fee required by § 279-15, 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 the 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 Town Clerk.
The applicant for a street use permit may be
required to indemnify, defend and hold the Town and its employees
and agents harmless against all claims, liability, loss, damage or
expense incurred by the Town 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 Town of Cedarburg. 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 law enforcement officers 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 permits or ordinances of the Town of Cedarburg.
Law enforcement officers 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.
