[Adopted 10-4-2021 by Ord. No. 2021-3318]
No municipal street, roadway or right-of-way shall be closed
for any special event without first receiving a permit issued by the
Township's Chief of Police or their designee. A special event may
be a street fair, block party, or any other private or public function
that requires the closure of a public street under the Township's
jurisdiction.
Applications for street closings for special events may be obtained
from the Police Department, but must be filed at least two full weeks
prior to the scheduled event. The application form utilized may be
developed and periodically amended by the Chief of Police in consultation
with the Township Administrator, Director of Public Works and Township
Attorney, but must minimally require the following:
A.
Names and contact information of the organizers of the special event,
who shall be the responsible parties;
B.
Location of the special event with a diagram or sufficient description
of the area of the street to be closed, along with a description of
the nature of the event and any equipment or amenities (chairs, tables,
grills, tents, stages, bounce houses, etc.) that may be placed within
the closed street;
C.
The proposed times of the special event and time required for the
street closure, including setup and takedown;
D.
A representation by the responsible parties that they have or will
provide a minimum of one week's notice to the neighbors immediately
affected by the area of the street to be closed, with a copy of such
notice being provided with the application;
E.
If the special event involves any incorporated entity or vendor,
a certificate of insurance must be provided naming the Township as
an additional insured in a form satisfactory to the Township; and
F.
All organizers of special events seeking a street closing, regardless
of whether an incorporated entity or individual(s), must execute a
hold harmless agreement included with their application.
Any application may be granted or denied at the discretion of
the Township's Chief of Police, or their designee, based on any number
of factors, such as, but not necessarily limited to:
A.
The impact that the street closure may have on access for emergency
services;
B.
The traffic impacts the street closure may have in the area of the
special event;
C.
Significant objections from affected neighbors;
D.
The public resources required to ensure the safety of the event participants
and drivers on municipal roadways; and/or
E.
Failure to agree to any of the conditions imposed upon issuance of
a street closing permit by the Chief of Police or their designee.
This article shall not apply to road construction addressed
by other ordinances, running or bicycle races, and public marches
or protests that are not stationary in nature requiring only temporary
street closures.
Any violations of this article shall be punished pursuant to § 1-4 of the Code of the Township of Middletown.
Any article, section, paragraph, subsection, clause, or other
provision of the Code of the Township of Middletown inconsistent with
the provisions of this article is hereby repealed to the extent of
such inconsistency.
If any section, paragraph, subsection, clause, or provision
of this article shall be adjudged by a court of competent jurisdiction
to be invalid, such adjudication shall apply only to the section,
paragraph, subsection, clause, or provision so adjudged, and the remainder
of this article shall be deemed valid and effective.
This article shall take effect upon its final passage and publication
as provided for by law.
