[HISTORY: Adopted by the Township Council of the Township
of Burlington 12-8-2009 by Ord. No. 09-OR-027. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A designated area within the public streets that shall be
closed for a neighborhood party or event.
A neighborhood block party, celebration, festival or event,
but shall not include a garage sale, yard sale, bazaar, rummage sale
or other similar activity having the principal purpose of fundraising
for an individual or organization, nor shall it include a political
meeting or rally, carnival or theatrical or musical performance such
as rock concerts or similar events.
A Township street, highway, or road.
A.
Considerations for issuing a permit are:
(1)
The applicant must have a plan to control event parking. Parking
must not create a hazard near the block party site.
(2)
No motor vehicles, inflatable children's rides, tents, canopies,
banners, stages and/or fixed barriers may block access to the street.
(4)
For residents living in neighborhoods with a homeowners' association,
applicants will provide a copy of the application to their board as
a courtesy, but this is not required by the ordinance.
B.
Application. The Director of Public Safety shall be authorized to
issue an application for the temporary blocking of a street for the
purpose of holding a party. At least 30 days before the commencement
of such party, an application for such permit shall be filed with
the Director of Public Safety by a bona fide resident (who is over
the age of 18) of the street to be blocked, and such application shall
contain at least the following information:
[Amended 6-23-2015 by Ord. No. 15-OR-020]
(1)
A letter to all affected residents in the neighborhood that provides
notification of the planned event.
(2)
A petition to hold a block party that will be signed by as many residents
as possible who reside in the affected area.
(3)
The date and hours the block party will be held, to include a rain
date if applicable.
(4)
Submission of a map showing the street locations and surrounding
cross streets to be temporarily barricaded.
(5)
Written assurance that accessibility to the area for emergency vehicles
will be provided.
A.
Once a determination has been made by the Burlington Township Police
Department that the location is suitable to hold a block party, the
application will be forwarded to the Burlington Township governing
body for its approval. The application will be recommended to be denied
if the Director of Public Safety 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 for other reasons to be disclosed. The
Township Clerk shall advise the applicant in writing of the approval
or denial of the application.
B.
Public Works will be notified with a copy of the approved application
at least 72 hours prior to the event to drop off barricades based
on availability. It will be the responsibility of the Department of
Public Works on the next business day to retrieve the barricades.
A permit issued pursuant to this chapter shall be valid only
for the date and the hours specified thereon, which shall not be before
10:00 a.m. or after sunset.
The applicant(s) shall be responsible for the removal of litter,
debris and other materials from the street or portion thereof used
for the party, which is attributable to or caused by the party. Failure
may result in the issuance of an ordinance violation for littering.
A street or portion thereof blocked off for a party shall not
be obstructed by obstacles which cannot be readily moved to allow
emergency vehicles to enter it in response to an emergency.
No more than two permits shall be granted by the Township governing
body in any calendar year for the same block or blocks.
The person(s), organization(s) or association(s) to whom the
permit is issued shall be liable for all losses, damages or injuries
sustained by any person, whether a participant or spectator at the
block party or recreational event, whether or not said losses, damages
or injuries arise by reason of the negligence of the person(s), or
organization(s) to whom such permit shall have been issued. The Township
Administrator and Director of Public Safety shall require the applicant(s)
to enter into a hold harmless agreement, which shall provide that
the applicant(s) agrees to save and hold the Township of Burlington
harmless for any and all obligations and liabilities which may arise
from the temporary street closing which represents the subject matter
of the application. The applicant(s) shall further agree, as part
of these provisions, to hold harmless the Township of Burlington and
to defend at his/her own cost and expense any claims or lawsuits instituted
by third parties as a result of the event. The Township Administrator
and Director of Public Safety shall further have the option to require
that, prior to the issuance of a permit or commencement of the temporary
street closing, the applicant(s) submit evidence of liability insurance
in a minimum amount of $1,000 to cover damages to property and injuries
to members of the general public arising out of the temporary street
closing in such amounts as may be determined by the Township Administrator
and Director of Public Safety.
Any person(s), firm(s) or corporation(s) who or which shall
violate any provision of this chapter shall, upon conviction, be subject
to a penalty of not more than $1,000, or imprisonment for a term not
to exceed 10 days, or both. Each day or event of violation shall constitute
a separate offense.
