[Added 2-13-2017 by Ord. No. 2-17]
Purpose. The City of Hudson recognizes that City streets and highways are primarily for the use of vehicular travel. It further recognizes a need to use these public streets and highways for processions, parades, runs, walks, bicycle races, marathons, etc., which do not substantially interfere with the public's right to travel on such streets and highways. This article is intended to regulate and control nonvehicular use of the streets and highways and for protecting the general welfare and safety of the persons using the streets and highways within the City. Said authority to regulate is contained in W.S.A. s. 349.185 and related sections.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- HIGHWAYS or STREETS
- Have the meaning set forth in W.S.A. s. 340.01, and also include areas owned by the City of Hudson which are used primarily for pedestrian or vehicular traffic.
- PROCESSIONS, PARADES, RUNS, WALKS, MARATHONS, BICYCLE RACES, ETC.
- Their usual and customary usage.
Permit required. No person shall form, direct, lead or participate in any procession, parade, run, walk, marathon, bicycle race, etc., on any street or highway under the jurisdiction of the City unless a permit has been obtained in advance as provided in this chapter.
Exemptions from permit and/or fee requirement. A permit and/or fee shall not be required as follows:
For assembling or movement of a funeral procession or military convoy;
Any parade, etc., sponsored by any agency of the federal or state government, acting in its governmental capacity within the scope of its authority, shall be required to obtain a permit, but shall be exempt from the parade, etc., permit fee and insurance requirements contained herein;
Any parade, run, etc., sponsored by a tax-exempt nonprofit organization shall be required to obtain a permit and provide insurance as required herein, but shall be exempt from the permit application fee.
When application must be made. A written application for a permit for any above-described function on the streets and highways under the jurisdiction of the City shall be made by one of the organizers or officers to the City Clerk on a form provided by said Clerk no less than 30 days prior to the usage.
Information required in application. The application shall set forth the following information regarding the proposed usage:
The name, address and telephone number of the applicant.
If the usage is proposed 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 authorized and responsible heads/officers of such organization.
The name, address and telephone number of the person who will be responsible for conducting the usage.
The date when the usage is to be conducted and its duration.
The assembly area, the starting point, the route to be traveled and the termination point.
The number and size of participants or units comprising the usage.
Any additional information which the City finds reasonably necessary for a fair determination as to whether a permit should be issued.
Procedures. The City Clerk shall submit a copy of the application to the Chief of Police. Generally the Public Safety Committee shall consider the application and make a recommendation to the Common Council regarding the application. The Council shall make the final decision on the permit application.
Basis for discretionary denial of permit. The application may be denied:
If the time, size and nature of the usage would unduly disrupt the safe and orderly use of any street or public place or material portion thereof, which is ordinarily subject to congestion or traffic at the proposed time, or substantially interrupts the safe and orderly movement of traffic.
If it is for a usage that is to be commenced between the hours of 9:00 p.m. and 7:00 a.m.
If sufficient usage marshals are not provided as to reasonably assure the orderly conduct of the usage.
If the proposed route for conducting the usage involves a street or highway under construction or detour route.
Mandatory denial of permit. The application shall be denied:
If the application is made less than 30 days in advance of the time the usage is scheduled to commence; or
If it is for a usage which would involve violation of federal, state or local laws relating to use of highways or of other applicable regulations of the City; or
If the granting of the permit would conflict with another permit already granted or for which application is already pending; or
Failure to receive permit under W.S.A. s. 84.07(4).
Permit issued unless threat to public safety. The Common Council shall issue a permit to the applicant subject to the foregoing requirements of this article, unless the Council finds that:
The policing of the usage will require so large a number of persons and vehicles, including ambulances, as to prevent adequate service of the needs of the rest of the municipality; or
The usage will substantially hinder the movement of police and fire and other emergency vehicles as to create a substantial risk to persons and property; or
The conduct of the usage will substantially interrupt the safe and orderly movement of other traffic contiguous to its route; or
The usage is so poorly organized that participants are likely to engage in aggressive or destructive activity.
Other circumstances in which the Council determines that the usage will unduly threaten public safety.
Grant or denial of permit.
Time when required. The Common Council shall act as promptly as reasonably possible on all applications for permits. All applications filed not less than 30 days before the date of the usage stated in the application shall be acted upon not less than 10 days before the date of the proposed usage. The City Clerk shall immediately, by the most reasonable means of communication, notify the applicant of such action and, if the application is denied, the reasons for denial of the permit.
Modification of requested permit. In lieu of denying a permit, the Council may authorize the changing of assembly areas or dispersal areas or the conducting of the usage at a date or time or over a route different than as applied for in the permit. The applicant or permittee may accept such modification by immediately notifying the Police Chief in writing of such acceptance.
Fee. There shall be paid at the time of filing the application for a usage permit a fee in the amount of $50.
Charge for increased costs. If the City determines that the cost of municipal services incident to the staging of the usage will be increased because of the usage, the City may require the permittee to make an additional payment into the general fund of the City in an amount equal to the increased costs.
Emergency revocation. The Mayor, City Administrator, or Chief of Police may revoke a permit already issued if the official deems that such action is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of the peace, or by a major change in the conditions forming the basis of the standards of issuance. In lieu of revoking a permit, an above-named official may require the permittee to file evidence of good and sufficient sureties, insurance in force or other evidence of adequate financial responsibility, running to the City of Hudson and such third parties as may be injured or damaged, in an amount depending upon the likelihood of injury or damage as a direct and proximate result of the holding of the usage sufficient to indemnify the municipality and such third parties as may be injured or damaged thereby, caused by the permittee, its agents or participants.
Usage permit contents. Each usage permit shall state such information as the City shall find necessary to the enforcement of this article.
Compliance with regulations.
Permittee. A permittee under this article shall comply with all permit directions and conditions and with all applicable laws, ordinances and other regulations of the state and City.
Participants. No person who leads or participates in any usage shall disobey or encourage others to disobey this section after a law enforcement officer has directly and presently informed him or her of any of the provisions of this section or the terms of the applicable usage permit.
Insurance required. Prior to issuance of the permit by the City Clerk, each permittee shall furnish evidence of a liability insurance policy in amounts of not less than $100,000 for one person and $500,000 for any one accident and shall be in force and effect at the time such usage is to take place. Said evidence of insurance shall include a certificate of insurance naming the City of Hudson as an additional insured in connection with said usage on a primary and noncontributory basis.