The streets in possession of the City of New Lisbon are primarily
for the use of the public in the ordinary way. However, under proper
circumstances, the Common 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 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-Treasurer and shall be filed with the City Clerk-Treasurer.
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 Common 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.
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, except for specific civic or community
events authorized by the Common Council.
(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 48 hours.
(6)
The proposed use could equally be better 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 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.
The fee for a street use permit shall be set by the Common Council.
In addition to the fee required by the previous section, 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 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 on a form provided by the City Clerk-Treasurer.
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 New Lisbon. 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
statement for cleaning work 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 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 New Lisbon. The Chief of Police
have 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.
