[Adopted as Title 7, Ch. 7, of the 1996 Code]
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 chapter 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 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.Â
The name, address and telephone number of the applicant or applicants.
B.Â
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.Â
The name, address and telephone number of the person or persons who
will be responsible for conducting the proposed use of the street.
D.Â
The date and duration of time for which the requested use of the
street is proposed to occur.
E.Â
An accurate description of that portion of the street proposed to
be used.
F.Â
The approximate number of persons for whom use of the proposed street
area is requested.
G.Â
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.Â
The proposed street use is primarily for private or commercial gain.
B.Â
The proposed street use would violate any federal or state law or
any ordinance of the Town.
C.Â
The proposed street use will substantially hinder the movement of
police, fire or emergency vehicles, constituting a risk to persons
or property.
D.Â
The application for a street use permit does not contain the information
required above.
E.Â
The application requests a period for the use of the street in excess
of eight hours.
F.Â
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.
[Amended 3-13-2019 by Ord. No. 1]
Each application for a street use permit shall be accompanied
by a fee as provided in the Town Fee Schedule. The applicant shall
be responsible for obtaining state-approved barricades from a private
firm that supplies such equipment and pay the cost thereof.
[Amended 3-13-2019 by Ord. No. 1]
In addition to the fee required by the previous subsection,
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 substantially the following
form:
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Petition for Street Use Permit
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We, the undersigned residents of the __________ hundred block
of __________ Street in the Town of Koshkonong, hereby consent to
the __________ recreational or business use of this street between
the hours of __________ and __________ on __________, the __________
day of __________, 20__, for the purpose of ____________________ and
do hereby consent to the Town of Koshkonong to grant a Street Use
Permit for use of the said portion of said street for said purpose
and do hereby agree to abide by such conditions of such use as the
Town of Koshkonong, attach to the granting of the requested Street
Use Permit. We further understand that the permit will not be granted
for longer than eight hours on the date hereinabove specified, and
agree to remove from the street prior to the end of said period all
equipment, vehicles and other personal property placed or driven thereon
during the event for which a permit is granted.
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We designate __________ as the responsible person or persons
who shall apply for an application for a Street Use Permit.
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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 Koshkonong. 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 Koshkonong. 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.
