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 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 and shall be filed with the Village Clerk. A fee as prescribed
in the Village Fee Schedule shall be paid at the time of application.
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.
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 Athens. The applicant may be required
to furnish a performance bond prior to being granted the permit.
The requirements of §§
388-26 and
388-29 are not applicable to certain community events recognized by the Village Board as falling within this exception. Open consumption and/or sales of alcohol beverages may be allowed for these limited community events.
In addition to the fee required by §
388-24, 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.
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 Village will make such restoration in the
event that the permit holder shall fail to do so, and the permit holder
shall be liable for the cost incurred by the Village 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 Village President or a law enforcement officer 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 Village of
Athens. 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.