The streets in possession of the Town are primarily for the
use of the public in the ordinary way. However, under proper circumstances,
the Town 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 good order of the Town 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 Town
Clerk and shall be filed with the Town 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 Town 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.
An application for a street use permit may be denied if:
A. The proposed street use is primarily for private or commercial gain.
B. The proposed street use would violate any federal or state law or
any ordinance of the Town.
C. The proposed street use will substantially hinder the movement of
police, fire or emergency vehicles, constituting a risk to persons
or property.
D. The application for a street use permit does not contain the information
required above.
E. The application requests a period for the use of the street in excess
of eight hours.
F. 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
Town 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.
Each application for a street use permit shall be accompanied
by a fee in accordance with the Town Board's current fee schedule.
The applicant shall be responsible for obtaining state-approved barricades
and pay the cost thereof.
The applicant for a street use permit may be required to indemnify,
defend and hold the Town and its employees and agents harmless against
all claims, liability, loss, damage or expense incurred by the Town
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
Town of Vinland. 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 law enforcement officers 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 Town of Vinland. Law enforcement
officers have 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.