The streets in possession of the City of Amery are primarily
for the use of the public in the ordinary way. However, under proper
circumstances, the City Council may grant a permit for street use,
subject to reasonable municipal regulation and control, including
when the event involves the consumption of alcoholic beverages. 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 City 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 City
Administrator/Clerk-Treasurer and shall be filed with the City Administrator/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 City Council 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. The Council
shall consider 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.
There shall be a fee for a street use permit as prescribed in
the Schedule of Fees.
The requirements of §§
370-28 and
370-31 are not applicable to certain community events recognized by the City Council as falling within this exception. Open consumption and/or sales of alcoholic beverages may be allowed for these limited community events.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In addition to the fee required by §
370-29, each application for a street use permit, except for parades or races sponsored by civic, youth, or school 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 60% 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 form prescribed by the City Council or its designee.
The applicant for a street use permit may be required to indemnify,
defend and hold the City and its employees and agents harmless against
all claims, liability, loss, damage or expense incurred by the City
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
City of Amery. The applicant may be required to furnish a performance
bond prior to being granted the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The holder of any permit issued under this article shall return
the street to the condition that existed prior to the use, by the
time the permit expires. The City will make such restoration in the
event that the permit holder fails to do so and shall bill the permit
holder for the cost incurred by the City in performing this work.
Failure to make timely payment within a reasonable time after receiving
the statement for cleaning work shall constitute grounds for refusal
to grant the permit holder any other permit in the future.
A street use permit for an event in progress may be terminated
by the Mayor or Chief of Police 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 City of Amery. The Mayor or Chief
of Police 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.