[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:
The name, address and telephone number of the applicant or applicants.
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.
The name, address and telephone number of the person or persons who will be responsible for conducting the proposed use of the street.
The date and duration of time for which the requested use of the street is proposed to occur.
An accurate description of that portion of the street proposed to be used.
The approximate number of persons for whom use of the proposed street area is requested.
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.
An application for a street use permit shall be denied if.
Unless for an auction, the proposed street use is primarily for private or commercial economic gain.
The proposed street use would violate any federal or state law or any ordinance of the City.
The proposed street use will substantially hinder the movement of police, fire or emergency vehicles, constituting a risk to persons or property.
The application for a street use permit does not contain the information required above.
The application requests a period for the use of the street in excess of 12 hours.
The proposed use could equally be held in a public park or other location.
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.
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:
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.