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:
PARTY
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.
STREET
A Town street, highway or road.
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 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.
No more than two permits shall be granted by
the Town Highway Superintendent in any calendar year for the same
applicant or neighborhood.