No person shall participate or engage in or cause to [be] conducted
a bicycle race on any public street, highway or alley within the town
without having applied for and been issued a permit from and under
the supervision of the chief of police.
(Ordinance 07-08 adopted 9/4/07)
(a) No bicycle
race event may be held on a public street, highway or alley without
an approved bicycle race event permit. All persons or organizations
conducting any form of bicycle race on a public street or highway
shall apply for a bicycle race event permit from the chief of police
of the town. In the event that traffic direction or redirection is
deemed necessary, the chief may require the applicant to remit payment
for such traffic-control officers as may be necessary to direct traffic
throughout the race event. A permit must be applied for at least 30
days before the race event. The chief may waive any or all of the
requirements imposed by this division, or may impose additional requirements,
as he may deem necessary for public safety under the conditions then
existing.
(b) If the
race event only crosses a state highway, the chief of police may waive
the permit requirement provided the applicant can show that reasonable
traffic-control and safety measures are provided by the organizer
and other road authority; provided further, that the applicant provides
the indemnification and liability insurance prescribed in Section
12.829 of this article.
(Ordinance 07-08 adopted 9/4/07)
Bicycle race event permit applications should be submitted on
forms furnished by the town, through the chief of police. Applicants
must include a description of the event stating all pertinent information
required to understanding the bicycle race event. The request must
include a map showing the roadways on which the race will be held.
Applications must specify and describe the number of vehicles on the
roadway used to conduct the race, starting and anticipated finish
time, maximum number of racers, number and training of course marshals,
types of signage, barricades and markers, and communications equipment.
Approval of other adjacent jurisdictions shall be obtained prior to
formal issuance of a bicycle race permit from the town.
(Ordinance 07-08 adopted 9/4/07)
(a) The applicant
shall indemnify, defend and hold harmless the town and its officers,
employees, agents and representatives from and against any and all
claims, demands, suits, and actions for personal injuries, death and
property damage arising from the bicycle race event, including claims
by race participants, pedestrians, or other roadway users.
(b) An applicant
for a bicycle race event permit shall secure and obtain liability
insurance coverage in an amount of not less than $100,000.00 to insure
against personal injury, death and property damage arising from the
conduct of the bicycle race event. The town shall be named as an additional
insured on said policy and shall be furnished, in conjunction with
the permit application, a certificate of insurance showing the foregoing
coverages.
(Ordinance 07-08 adopted 9/4/07)
(a) Bicycle
race events shall comply with the “Town of Double Oak Bicycle
Racing Guidelines,” copies of which shall be made available
at the offices of the town police department.
(b) The bicycle
race event permit, or a true and correct copy thereof, shall be available
for inspection and review throughout the duration of the race event.
(Ordinance 07-08 adopted 9/4/07)
(a) In issuing
a permit, the chief of police may impose such reasonable conditions
on the race event as may be necessary or appropriate to facilitate
and preserve traffic and public safety, including but not limited
to requirements for location, times, duration, signage, markers, barricades,
and appropriate supervisory personnel. Bicycle race event permits
may be granted only under conditions that ensure reasonable safety
for all participants, spectators, and users of public roads. Reasonable
safety implies that race participants, spectators, and other public
road users have been accommodated in planning in a manner as to minimize
the possibility of placing one in conflict with another.
(b) If it
is determined that public safety personnel are necessary to direct
or redirect traffic on public streets or highways, the applicant shall
compensate the town for the costs incurred thereby.
(c) The chief
of police may deny, suspend or revoke any permit issued under the
provisions of this article if:
(1) The
permit was issued in error or on the basis of incorrect or false information
supplied by the applicant;
(2) The
applicant fails to remit the appropriate permit fee or compensation
for public safety personnel;
(3) The
holder of the permit or the event violates the hours or days of operation
set forth in the permit;
(4) The
holder of the permit or the event violates any condition specified
in the permit;
(5) The
chief of police determines that inadequate provisions have been made
for the safety and security of persons in attendance or traffic flow,
control or safety; or
(6) The
chief of police determines that the race event presents an unreasonably
unsafe condition or may constitute an immediate hazard to public health,
safety or welfare.
(Ordinance 07-08 adopted 9/4/07)
(a) The denial,
suspension or revocation of a permit, or the imposition of special
conditions by the chief of police, may be appealed to the town council
which may affirm, reverse or otherwise modify the decision of the
chief of police. Notwithstanding, the denial, suspension or revocation
of a permit shall be effective immediately unless and until the town
council reverses or otherwise modifies the chief’s determination.
(b) An appeal
of an adverse determination of the chief of police shall be made in
writing within 15 days of receipt of notice of the adverse determination.
Failure to file the notice of appeal within 15 days shall constitute
a waiver and forfeiture of the appeal. The council shall act on the
appeal as soon as practicable. The council’s decision shall
be final in all respects.
(Ordinance 07-08 adopted 9/4/07)