[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 7, Ch. 7 of the 2001 Code]
Purpose. The streets in possession of the City of Weyauwega are primarily for the use of the public in the ordinary way. However, under proper circumstances, the City Council may grant a permit for street use, subject to reasonable municipal regulation and control, including when the event involves the consumption of alcoholic beverages. Therefore, this section 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 City can be protected and maintained.
Application. A written application for a street use permit by persons or groups desiring the same shall be made on a form provided by the City Administrator and shall be filed with the City Administrator. The application shall set forth the following information regarding the proposed street use:
The name, address and telephone number of the applicant or applicants.
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.
The name, address and telephone number of the person or persons who will be responsible for conducting the proposed use of the street.
The date and duration of time for which the requested use of the street is proposed to occur.
An accurate description of that portion of the street proposed to be used.
The approximate number of persons for whom use of the proposed street area is requested.
The proposed use, described in detail, for which the street use permit is requested.
Representative at meeting. The person or representative of the group making application for a street use permit shall be present when the City Council 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. The Council shall consider 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.
Mandatory denial of street use permit.
An application for a street use permit shall be denied if:
Unless for an auction, the proposed street use is primarily for private or commercial economic gain, except for specific civic, special, or community events authorized by the City Council.
The proposed street use would violate any federal or state law or any ordinance of the City.
The proposed street use will substantially hinder the movement of police, fire or emergency vehicles, constituting a risk to persons or property.
The application for a street use permit does not contain the information required above.
The application requests a period for the use of the street in excess of 48 hours.
The proposed use could equally be better held in a public park or other location.
In addition to the requirement that the application for a street use permit shall be denied as hereinabove set forth, the Council may deny a permit for any other reason or reasons if it concludes that the health, safety and general welfare of the public cannot adequately be protected and maintained if the permit is granted.
Permit feet. There shall be no fee for a street use permit.
Consent to issuance of street use permit. Each application for a street use permit, except for parades or races sponsored by civic, youth, or school 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 time for said proposed use, said petition to be signed by not less than 60% 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 in substantially the following form:
Insurance. The applicant for a street use permit may be required to indemnify, defend and hold the City and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the City 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 to the City of Weyauwega. The applicant may be required to furnish a performance bond prior to being granted the permit.
Cleanup requirements. The holder of any permit issued under this section shall return the street to the condition that existed prior to the use by the time the permit expires. The City will make such restoration in the event that the permit holder shall fail to do so, and the permit hold shall be liable for the cost incurred by the City in performing this work. Failure to make timely payment within a reasonable time after receiving the statement for cleaning work shall constitute grounds for refusal to grant the permit holder any other permit in the future.
Termination of a street use permit. A street use permit for an event in progress may be terminated by the Mayor or Chief of Police 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 permit or ordinances of the City of Weyauwega. The Mayor or Chief of Police has 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.
[Added 4-21-2009 by Ord. No. 2009-05]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Any parade, march, ceremony, show, exhibition, pageant, motorcade,
or procession of any kind or similar display in or upon any street,
sidewalk, or other public place within the City. "Procession" shall
not include a funeral procession nor shall it include a motorcade
organized for the purpose of honoring a school athletic team or a
school curricular or extracurricular activity.[Amended 7-20-2009 by Ord. No. 2009-06]
- Any person, firm, partnership, association, corporation, company, or organization of any kind.
Permit required. No person shall engage in, participate in, aid, form, or start any parade unless a parade permit shall have been obtained from the City Council of the City of Weyauwega.
Application. A person seeking issuance of a parade permit shall file a written application with the Administrator.
Filing date. A written application for a parade permit shall be filed with the Administrator not less than 30 days before the date on which it is proposed to conduct the parade.
Contents. The application for a parade permit shall set forth the following information:
The true and correct name, address, and telephone number of the person seeking to conduct the parade.
If a parade is proposed to be conducted for, on behalf of, or by any organization, the true and correct name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.
The true and correct name, address, and telephone number of the person who will be the parade chairperson and of all persons who will be in charge of and responsible for its conduct.
The date when the parade is to be conducted.
The route to be traveled, with starting point and termination point listed.
The approximate number of entries and floats which will be in the parade; also the types of animals and description of vehicles and floats.
The hours when the parade will start and terminate.
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
The location by streets of any assembly areas for the parade.
The time at which units of the parade will begin to assemble at any such assembly area or areas.
The interval of space to be maintained between units of the parade.
If the parade is designed to be held by and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Administrator a communication, in writing, from the person proposing to hold the parade authorizing the applicant to apply for the permit on his/her behalf.
Any additional information which the City Council shall find reasonably necessary for a fair determination as to whether a permit shall be issued.
Issuance of parade permits.
Standards for issuance. The City Council shall direct the Administrator to issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, the City Council finds that:
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
The conduct of the parade will not require the diversion of so great a number of police officers of the City to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the City.
The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly area.
The conduct of such parade will not interfere with the movement of fire-fighting or fire rescue equipment en route to an emergency or fire.
The conduct of the parade is not reasonably likely to cause injury to person or property, provoke disorderly conduct or create disturbances or incite a riot.
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
The parade is not to be held for the sole purpose of advertising any product, goods, or event and is designed to be held purely for private profit.
There will be no smoking or squealing of tires on public streets unless the vehicle is securely trailered.
Notice of rejection. The City Council shall act upon the application for a parade permit within 30 days after the filing thereof. If the City Council rejects the application, it shall direct the Administrator to mail to the applicant within five days after the date upon which the application was rejected a notice of its action stating the reasons for its denial of the permit.
Alternative permits. The City Council, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within two days after notice of the action of the City Council, file a written notice of acceptance with the Administrator. An alternate parade permit shall conform to the requirements of and shall have the effect of a parade permit under this section.
Contents of permit. Each parade permit shall state the following information:
Maximum interval of space to be maintained between units of the parade.
Portions of the streets to be traversed that may be occupied by the parade.
Maximum length of the parade in blocks or fractions thereof.
Route of the parade.
Date of the parade.
Such other information as the City Council shall find necessary to the enforcement of this section.
Duties of permittee. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances of the City of Weyauwega. A permittee shall ensure that all units safely travel the parade route. A permittee shall also be responsible for gathering and removing all litter and refuse resulting from the parade and discarded along the route of the parade within 24 hours after its termination and returning all garbage receptacles, picnic tables, and signs/barricades to appropriate locations.
Possession of permit. The parade chairperson or other person heading or leading such activity shall carry the parade permit upon his/her person during the course of the parade.
Public conduct during parades.
Interference. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in the parade. No other organization or group of persons not mentioned in the application for a parade permit shall participate in the parade.
Driving through parades. No driver of a vehicle shall drive between vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade, unless directed by a police officer. This subsection does not apply to the passage of authorized emergency vehicles.
Revocation of permit. The City Council shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth.