[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.
Considerations for issuing a permit are:
The applicant must have a plan to control event parking. Parking must not create a hazard near the block party site.
No motor vehicles, inflatable children's rides, tents, canopies, banners, stages and/or fixed barriers may block access to the street.
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.
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]
A letter to all affected residents in the neighborhood that provides notification of the planned event.
A petition to hold a block party that will be signed by as many residents as possible who reside in the affected area.
The date and hours the block party will be held, to include a rain date if applicable.
Submission of a map showing the street locations and surrounding cross streets to be temporarily barricaded.
Written assurance that accessibility to the area for emergency vehicles will be provided.
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.
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.