[Adopted as Title 7, Ch. 6, of the Benton Code of Ordinances]
The streets in possession of the Village are primarily for the use of the public in the ordinary way. However, under proper circumstances, the Village Clerk-Treasurer may grant a permit for street use, subject to reasonable municipal regulation and control. 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 Village 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 Village Clerk-Treasurer and shall be filed with the Village Clerk-Treasurer. The permit fee prescribed by § 173-1, Fee schedule, shall be paid. 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 Village Board 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.
A. 
An application for a street use permit may be denied if:
(1) 
The proposed street use is primarily for private or commercial gain;
(2) 
The proposed street use would violate any federal or state law or any ordinance of the Village;
(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 five days;
(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 Village Board 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 applicant for a street use permit may be required to indemnify, defend and hold the Village and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the Village 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 Village of Benton. The applicant may be required to furnish a performance bond prior to being granted the permit.
A street use permit for an event in progress may be terminated by the Village President or a law enforcement officer if the health, safety and welfare of the public appears 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 Village of Benton. The Village President or a law enforcement officer 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.