[Adopted 3-26-2007 by L.L. No. 3-2007]
This article is adopted pursuant to the authority
set forth in Town Law § 64, Subdivision 10-b. The purpose
of this article is to provide for the temporary blocking of Town streets,
highways and roads in a safe manner to allow neighborhoods to have
neighborhood block parties, celebrations, graduation parties, fire
parades or other like events.
As used in this article, the following terms
shall have the meanings indicated:
A neighborhood block party, celebration or event as provided
in Town Law § 64, Subdivision 10-b, but shall not include
a garage sale, yard sale, bazaar, rummage sale or other similar activity
having the principal purpose as fund-raising for an individual or
organization, nor shall it include a political meeting or rally, carnival
or theatrical or musical performances, such as rock concerts or similar
events.
A Town street, highway or road.
A.
Any person, before blocking or barricading a road
in the Town of Rhinebeck for purposes of holding a block party, celebration,
graduation party, fire parade or other like event, shall obtain a
permit from the Town Highway Superintendent.
B.
The Superintendent of Highways shall be authorized
to issue a permit for the temporary blocking of a street for the purpose
of holding a party. Such permit shall allow the temporary blocking
of a road on one particular date only, and during a specified time
period which shall be of a single duration. An application for such
permit shall be filed with the Superintendent of Highways at least
30 days prior to the commencement of such party. Such application
shall contain the following information:
(1)
The name and address of applicant.
(2)
The name of the street or streets and the description
of the portions thereof to be blocked.
(3)
A description of the specific party to be held.
(4)
The date and the hours thereof.
(5)
Superintendent of Highways, upon receipt of the application,
may require the submission of such additional information as the Superintendent
may require in acting upon the application.
C.
The permit form shall be determined by the Superintendent
of Highways.
The permit may be granted by the Superintendent
of Highways upon determining that the party is authorized by Town
Law § 64, Subdivision 10-b, and this article. The permit
shall be denied if the Superintendent finds that blocking the street
or portion thereof on the date requested in the application will unduly
interfere with the flow of vehicular traffic or upon determining that
the party is not authorized under Town Law § 64, Subdivision
10-b, and this article. The Superintendent of Highways shall advise
the applicant, in writing, of the reason for denial of the application.
The fee charged for the permit shall be prescribed by the Town's Fee
Schedule[1] and shall be paid at the time of the application.
A permit issued pursuant to this article shall
be valid only for the date and hours specified thereon, which shall
not be before 8:00 a.m. or after 11:00 p.m.
The applicant shall be responsible for the removal
of litter, debris and other materials from the street or portion thereof
used for the party, and for any damage to the street or portion thereof
used for the party, which is attributable to or caused by the party.
The street or portion thereof used for the party shall be left in
"broom clean" condition by the applicant after the conduct of the
party. The Superintendent of Highways may also, in his or her discretion,
require the posting of a bond, or other security, in an amount and
form approved by the Town Board and by the Town's Attorney to ensure
that such cleanup and repair is provided by the applicant.
A.
Prior to the commencement of the time for which the
road is to be blocked, the Town Highway Superintendent shall cause
the street or portion thereof to be blocked, by devices of his or
her choice, to motor vehicles except authorized emergency or hazard
vehicles, as the same are defined in the Vehicle and Traffic Law,
and to provide detour signs for vehicular traffic. No other person
shall in any manner block or place barricades in the road. The Town
Highway Superintendent may, in his or her discretion, require the
applicant to set up the barriers and/or barricades supplied by the
Highway Superintendent in places, and in the manner, prescribed by
the Highway Superintendent.
B.
A street or portion thereof blocked off for a party
shall not be obstructed by picnic tables and shall not be obstructed
by other obstacles which cannot be readily moved to allow emergency
or hazard vehicles to enter in response to an emergency.
C.
The Town Highway Superintendent shall notify the Dutchess
County Sheriff's Department, New York State Troopers, Village of Rhinebeck
Police Department and the appropriate Fire Company and Rescue Squad
of the date and time of the road blocking, at the time the permit
is issued, by telephone call followed by written communication.
No more than two permits shall be granted by
the Town Highway Superintendent in any calendar year for the same
applicant or neighborhood.
