The City Manager is hereby authorized to provide by regulation
for the closing of any street or portion thereof to motor vehicle
traffic on any day or days or during specified hours on any day or
days whenever such street or portion thereof is used in conjunction
with the operation of a fire hydrant water sprinkler or whenever he
finds that such closing is necessary for the preservation of the public
safety, health, or welfare.
[Added 10-2-2007 by Ord. No. 07-25]
A. No person or persons, association, firm or corporation shall cause
to permit a City street to be closed for the purpose of conducting
a block party without first having procured permission from the City
Manager.
B. Information required.
(1) The
City Manager shall not consider any application for the closing of
a City street unless and until the person or persons, association,
firm or corporation requesting such permission shall first file with
the City Manager an application requesting such permission stating:
(a) The location of the proposed street closing and the period of such
closing, which period shall not exceed 10 continuous hours, together
with the purpose of such street closing; and
(b) The names, addresses and telephone numbers of the individual, group
or organization applying for such street closure, as well as the signatures
of all individuals immediately affected by such street closing; and
(c) A map of the street or section thereof to be closed showing the proposed
method of effecting the street closing and the location of the barriers
to be used in restricting the flow of vehicular traffic through the
closed street.
(2) The
application shall be reviewed by the Police Chief or designee to determine
if public safety would be adversely affected by such closure.
C. Permission granted. If, after examining the application and recommendation
of the Police Department provided for above, the City Manager determines
that the proposed street closing will not create conditions inimical
to the public health, welfare and safety, permission to close the
street may be granted. Such permission shall be effective for a period
of time not to exceed 10 continuous hours. Upon receipt of a permit
fee of $25 and provided all conditions herein are satisfied, a permit
shall issue.
D. Regulations governing closing. If permission to close the street
shall be granted, the person or persons, association, firm, or corporation
requesting such closing shall conduct the operation so that there
shall be minimum inconvenience to the general public and in such a
manner that, upon the expiration of the permitted street closing period,
such street is reopened, free of any debris, refuse, or other material
interfacing with the safe and free passage of pedestrians and vehicles.
Traffic barricades shall be provided by the Department of Public Works
and must be used by the applicant during the period of closure.
E. Insurance requirement. At the time of application, the City shall
be provided with a certificate of insurance indicating, to the satisfaction
of the City, that policies of general liability insurance and excess
umbrella liability insurance have been issued and are in force at
the time of the street closing. Said policy shall contain limits of
liability in an amount to be determined by the City Manager. The City
Manager has the right to waive this requirement.
F. Hold harmless agreement. It shall be the duty and responsibility
of any applicant to agree to save the City, its officers, employees
and agents harmless from any and all costs, damages and liabilities
which may accrue or be claimed to accrue by reason of the street closing.
The acceptance of any permit under this section shall constitute such
agreement whether the same is expressed or not.
No regulation adopted under this article shall become effective
unless and until it shall have been approved by the Commissioner of
Transportation pursuant to N.J.S.A. 40:67-16.10.
Whenever any street or portion thereof is closed pursuant to
this article, proper warning signs of such closing shall be posted
in such street or portion thereof during the time such street or portion
thereof is closed, in accordance with rules and regulations promulgated
by the Commissioner of Transportation.
No person shall operate a motor vehicle upon any street or portion
thereof during the time such street or portion thereof is closed pursuant
to this article.
[Amended 10-2-2007 by Ord. No. 07-25]
Unless otherwise provided by statute, any person who violates
the provisions of this article shall, upon conviction thereof, be
punished by a fine not exceeding $1,000 or by imprisonment for a term
not exceeding 90 days, or both.