[Adopted as Title 7, Ch. 7, of the former City Code]
The streets in possession of the City are primarily for the
use of the public in the ordinary way. However, under proper circumstances,
the Chief of Police and Director of Public Works may grant a permit
for street use, subject to reasonable municipal regulation and control.
However, the Common Council shall grant permits if the event involves
the consumption of alcoholic beverages. Therefore, this article 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.
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
Clerk and shall be filed with the City Clerk. The application shall
set forth the following information regarding the proposed street
use:
A.
The name, address and telephone number of the applicant or applicants.
B.
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.
C.
The name, address and telephone number of the person or persons who
will be responsible for conducting the proposed use of the street.
D.
The date and duration of time for which the requested use of the
street is proposed to occur.
E.
An accurate description of that portion of the street proposed to
be used.
F.
The approximate number of persons for whom use of the proposed street
area is requested.
G.
The proposed use, described in detail, for which the street use permit
is requested.
The person or representative of the group making application
for a street use permit shall be present when the Chief of Police
and Director of Public Works give 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. These officials 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.
A.
An application
for a street use permit shall be denied if.
(1)
Unless for an auction, the proposed street use is primarily for private
or commercial economic gain.
(2)
The proposed street use would violate any federal or state law or
any ordinance of the City.
(3)
The proposed street use will substantially hinder the movement of
police, fire or emergency vehicles, constituting a risk to persons
or property.
(4)
The application for a street use permit does not contain the information
required above.
(5)
The application requests a period for the use of the street in excess
of 12 hours.
(6)
The proposed use could equally be held in a public park or other
location.
B.
In addition
to the requirement that the application for a street use permit shall
be denied, as hereinabove set forth, the officials may deny a permit
for any other reason or reasons if they conclude that the health,
safety and general welfare of the public cannot adequately be protected
and maintained if the permit is granted.
Each application for a street use permit shall be accompanied
by a fee as prescribed in the City's fee schedule.[1]
[1]
Editor's Note: The current fee schedule is on file in the
City Clerk's office.
In addition to the fee required by § 506-29, each application for a street use permit, except for parades or races sponsored by civic, youth or scout 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 75% 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:
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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 Prescott, 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 Prescott to grant a street use permit for use of the
said portion of said street for said purpose and do hereby agree to
abide by such conditions of such use as the City of Prescott 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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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 with the
City of Prescott. The applicant may be required to furnish a performance
bond prior to being granted the permit.
The holder of any permit issued under this article 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 fails to do so and shall bill the permit holder
for the cost incurred by the City in performing this work. Failure
to make timely payment within a reasonable time after receiving the
bill shall constitute grounds for refusal to grant the permit holder
any other permit in the future.
A street use permit for an event in progress may be terminated
by the Police Department 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 permits or ordinances of the City of Prescott. The 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.
