[HISTORY: Adopted by the Village Board of the Village of Sullivan 8-22-2006 (Title 7, Ch. 7, of the 2006 Code of Ordinances). Amendments noted where applicable.]
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 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 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. A fee as prescribed by the current Village Fee Schedule[1] shall be paid at the time of application. 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.
[1]
Editor's Note: See also Ch. 250, Fees.
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.
An application for a street use permit may be denied if:
A. 
The proposed street use is primarily for private or commercial gain.
B. 
The proposed street use would violate any federal or state law or any ordinance of the Village.
C. 
The proposed street use will substantially hinder the movement of police, fire or emergency vehicles, constituting a risk to persons or property.
D. 
The application for a street use permit does not contain the information required above.
E. 
The application requests a period for the use of the street in excess of five days.
F. 
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. III)]
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 a certificate of comprehensive general liability insurance with a minimum $3,000,000 coverage with the Village of Sullivan. The applicant may be required to furnish a performance bond prior to being granted the permit.
The requirements of §§ 404-4 and 404-7 are not applicable to certain community events recognized by the Village Board as falling within this exception. Open consumption and/or sales of alcoholic beverages may be allowed for these limited community events.
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 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 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:
PETITION FOR STREET USE PERMIT
We, the undersigned residents of the ___________ hundred block of __________ street in the Village of Sullivan, 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 Village of Sullivan 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 Village of Sullivan shall attach to the granting of the requested street use permit. We further understand that the permit will not be granted for longer than 12 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.[1]
[1]
Editor's Note: Original Sec. H, Insurance, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III); see now § 404-5.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The holder of any permit issued under this chapter shall return the street to the condition that existed prior to the use by the time the permit expires. The Village will make such restoration in the event that the permit holder fails to do so. The permit holder will be charged for the cost incurred by the Village 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A street use permit for an event in progress may be terminated by the Village President, or those authorized by the Village President, or a law enforcement officer 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 Village of Sullivan. The Village President, or those authorized by the Village President, or a law enforcement officer 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.