[Adopted as Title 7, Ch. 6, of the 1993 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 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.
Before any application for a street use permit is considered
by the Village Board, the application shall be reviewed by the Director
of Public Works for his/her recommendation as to 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)
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
law enforcement, 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 six hours.
(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.
Each application for a street use permit shall be accompanied
by a fee as indicated on the Village Rate Schedule.
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 scout 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 in the form prescribed by the Village Clerk-Treasurer.
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 street use permit
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 Howards Grove. 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 a Village 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 Howards Grove. The Village
law enforcement officers 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.
