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 Chief
of Police and Street Superintendent for their 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.
An application for a street use permit shall be denied if:
A. The proposed street use would violate any federal or state law or
any ordinance of the Village.
B. The proposed street use will substantially hinder the movement of
police, fire or emergency vehicles, constituting a risk to persons
or property.
C. The application for a street use permit does not contain the information
required above.
D. The application requests a period for the use of the street in excess
of five days.
E. 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
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Each application for a street use permit shall be accompanied
by a fee determined by resolution of the Village Board.
In addition to the fee required by §
313-26, 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 or said proposed use, said petition to be signed by not less than 75% of those 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:
Petition for Street Use
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We, the undersigned residents of the _________ hundred block
of _______________ Street in the Village of Monticello, hereby consent
to the recreational or business use of this street between the hours
of _____ and _____ on the _____ day of _____________, _____, for the
purpose of _____________________________ and do hereby request the
Village of Monticello 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 Village of Monticello shall
attach to the granting of the requested street use permit. We further
understand that the permit will not be granted for longer than six
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. 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 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 certificate of comprehensive general liability
insurance with the Village of Monticello. 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 the Chief of Police, or the Village Board in his absence, 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 permits or ordinances of the Village
of Monticello. The Chief of Police, or the Village Board in his absence,
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.