[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 8-21-2007 by Ord. No. 1329. Amendments noted where
applicable.]
No person shall start or participate in a street
closing unless a permit therefor shall have been issued by the Borough
Clerk after approval thereof in accordance with the provisions of
this chapter.
A.
A person seeking issuance of a permit under this chapter
shall file a written application with the Borough Clerk not less than
15 business days before the proposed street closing, which shall include:
[Amended 8-3-2010 by Ord. No. 1412]
(1)
The name, address and phone number of the applicant.
(2)
The type of event for which the street will be closed.
(3)
A map showing the street or streets to be closed off.
(4)
The day and hours for which the permit is desired.
(5)
The signature of the applicant whereby he/she agrees
to abide by all Borough rules pertaining to block parties/street closings
and to inform all event participants of said rules.
(6)
An attached form with the signature of one adult from
each household within the street or section of the street to be closed,
stating his/her approval or disapproval of the proposed street closing.
(7)
A hold harmless agreement completed and signed by
the person filing the application, which agrees to indemnify and hold
the Borough of Emerson, its officers, agents and employees harmless
from any and all liabilities, claims, costs and attorneys' fees arising
out of the use of the closed street and a copy of the declaration
page of an applicant's homeowner insurance policy.
B.
A payment in the amount of $10 for the filing of the
application shall be required.
C.
The Borough Clerk shall place the issuance of the
permit on the consent agenda of the next scheduled meeting of the
Mayor and Council.
A.
The Borough Clerk shall approve the issuance of a
permit for a street closing when, from consideration of the application
and from such other information as may be obtained, the Borough Clerk
finds that:
[Amended 8-3-2010 by Ord. No. 1412]
(1)
The conduct of the event for which the street will
be closed will not substantially interrupt the safe and orderly movement
of other traffic contiguous to the closed street, nor unreasonably
interfere with or detract from the promotion of public health, welfare
and safety.
(2)
The event for which the street will be closed will
not require the diversion of Borough employees so as to prevent the
furnishing of essential police, fire and health services in the Borough.
(3)
The event for which the street will be closed will
not be held for the sole purpose of advertising any commercial products,
goods or events and is not designed to be held purely for private
profit.
(4)
The applicant has received signatures representing
a majority of the households within the street or section of the street
to be closed approving the street closing.
B.
The Borough Clerk's approval of an issuance of a permit
shall be subject to the review and approval of the Borough's Chief
Law Enforcement Officer or his/her designated law enforcement officer
in consultation with the Department of Municipal Services and copy
of permit be distributed to Borough emergency services departments.
[Amended 8-3-2010 by Ord. No. 1412]
C.
No permit shall be issued for a block party or other
street closing event which would begin before the hour of 12:00 noon
or end after the hour of 10:00 p.m. of the day of the event.
Every permit issued under this chapter shall terminate at the finishing time set forth in the permit as required by § 112-5, unless sooner revoked or suspended for cause.
[Amended 8-3-2010 by Ord. No. 1412]
Each permit issued under this chapter shall
be valid only for the street or section of the street designated therein
and to the person whose name is set forth in the permit. No permit
shall be transferable except by consent of the Borough Clerk upon
consultation with appropriate Borough officials.
The holder of a permit under this chapter shall
comply with all permit directions and conditions, with all rules promulgated
by the Borough for block parties/street closings, and with all applicable
laws and ordinances, including, but not limited to, noise ordinances.[1] The permittee shall post a copy of the Borough's block
party rules and conditions in a location that can easily be viewed
by all participants throughout the duration of the event.
The applicant for the street closing permit
shall carry the permit upon his or her person throughout the duration
of the block party/street closing.
[Amended 8-3-2010 by Ord. No. 1412]
Permits issued under this chapter may be suspended
or revoked by the Borough Clerk or the Chief Law Enforcement Officer
upon any of the following grounds:
A.
Violation of the directions or conditions of the permit.
B.
Making false statements or giving false information
in the application.
C.
Violation of the Borough's rules for block parties/street
closings.
D.
Violation of any provision of this chapter.
E.
Violation of any applicable statute of this state
or ordinance of the Borough.
Any person convicted of a violation of this
chapter shall be liable to a penalty of not more than $500 or imprisonment
for a term not exceeding 90 days, or both. This chapter shall be enforceable
by the Emerson Borough Police Department.