[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 7, Ch. 7 of the 2001 Code]
A.
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.
B.
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:
(1)
The name, address and telephone number of the applicant
or applicants.
(2)
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.
(3)
The name, address and telephone number of the person
or persons who will be responsible for conducting the proposed use
of the street.
(4)
The date and duration of time for which the requested
use of the street is proposed to occur.
(5)
An accurate description of that portion of the street
proposed to be used.
(6)
The approximate number of persons for whom use of
the proposed street area is requested.
(7)
The proposed use, described in detail, for which the
street use permit is requested.
C.
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.
D.
Mandatory
denial of street use permit.
(1)
An
application for a street use permit shall be denied if:
(a)
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.
(b)
The proposed street use would violate any federal
or state law or any ordinance of the City.
(c)
The proposed street use will substantially hinder
the movement of police, fire or emergency vehicles, constituting a
risk to persons or property.
(d)
The application for a street use permit does
not contain the information required above.
(e)
The application requests a period for the use
of the street in excess of 48 hours.
(f)
The proposed use could equally be better held
in a public park or other location.
(2)
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.
E.
Permit
feet. The applicant shall pay a fee as set by City Council.
[Amended 11-21-2022 by Ord. No. 2022-3]
G.
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:[1]
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Petition for Street Use Permit
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We, the undersigned residents of the ________
hundred block of ________________ Street in the City of Weyauwega,
hereby consent to the _____________________ recreational or business
use of this street between the hours of _________ and _________ on
_________________, the _____ day of _______________, 20___, for the
purpose of ____________________________ and do hereby consent to the
City of Weyauwega to grant a street use permit for use of said portion
of said street for said purpose and do hereby agree to abide by such
conditions of such use as the City of Weyauwega shall attach to the
granting of the requested street use permit. We further understand
that the permit will not be granted for longer than 12 hours on the
date hereinabove specified and agree to remove from the street prior
to the end of said period all equipment, vehicles and other personal
property placed or driven thereon during the event for which a permit
is granted.
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We designate_____________________ as the responsible
person or persons who shall apply for an application for a street
use permit.
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H.
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.
I.
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.[2]
J.
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]
A.
PARADE
PERSON
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.
B.
Parade
permits.
(1)
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.
(2)
Application.
A person seeking issuance of a parade permit shall file a written
application with the Administrator.
(3)
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.
(4)
Contents.
The application for a parade permit shall set forth the following
information:
(a)
The true and correct name, address, and telephone number of the person
seeking to conduct the parade.
(b)
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.
(c)
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.
(d)
The date when the parade is to be conducted.
(e)
The route to be traveled, with starting point and termination point
listed.
(f)
The approximate number of entries and floats which will be in the
parade; also the types of animals and description of vehicles and
floats.
(g)
The hours when the parade will start and terminate.
(h)
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be traversed.
(i)
The location by streets of any assembly areas for the parade.
(j)
The time at which units of the parade will begin to assemble at any
such assembly area or areas.
(k)
The interval of space to be maintained between units of the parade.
(l)
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.
(m)
Any additional information which the City Council shall find reasonably
necessary for a fair determination as to whether a permit shall be
issued.
C.
Issuance
of parade permits.
(1)
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:
(a)
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route.
(g)
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.
(h)
There will be no smoking or squealing of tires on public streets
unless the vehicle is securely trailered.
(2)
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.
(3)
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.
(5)
Contents
of permit. Each parade permit shall state the following information:
(a)
Starting time.
(b)
Minimum speed.
(c)
Maximum speed.
(d)
Maximum interval of space to be maintained between units of the parade.
(e)
Portions of the streets to be traversed that may be occupied by the
parade.
(f)
Maximum length of the parade in blocks or fractions thereof.
(g)
Route of the parade.
(h)
Termination time.
(i)
Date of the parade.
(j)
Such other information as the City Council shall find necessary to
the enforcement of this section.
D.
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.
E.
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.
F.
Public
conduct during parades.
(1)
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.
(2)
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.
G.
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.
