Applicant.
A person who has filed an application for a street closure
permit.
Block party.
A festive gathering on a local residential street requiring
a closure of a street, or portion thereof, to vehicular traffic, and
the use of the street for the festivity, including barbecues, picnics,
music or games.
Director.
The chief of police or his designated representative.
Person.
Any individual, sole proprietorship, assumed named entity,
partnership, association, corporation or organization.
Street.
The entire width between the boundary lines of every way
publicly maintained, when any part thereof is open to the use of the
public for purposes of vehicular traffic.
(2007 Code, sec. 1.08.031)
(a) A
person commits an offense under this division if he:
(1) Commences or holds a private closure without a street closure permit
issued by the director or with a street closure permit that has expired
or been revoked; or
(2) Fails to comply with any of the requirements of this division or
other ordinances or laws of the city or the state.
(b) A
culpable mental state is not required for the commission of an offense
under this division.
(2007 Code, sec. 1.08.032)
Any person found to be violating any term or provision of this division shall be subject to a fine in accordance with section
1.01.009 of this code for each offense. Each day a violation continues shall constitute a separate offense.
(2007 Code, sec. 1.08.033)
The director shall make arrangements with the street department
to furnish and place barricades at designated locations at the appropriate
time.
(2007 Code, sec. 1.08.034)
It shall be unlawful for any person to conduct a block party
without first having obtained a street closure permit from the director.
(2007 Code, sec. 1.08.061)
(a) All persons seeking a street closure permit shall file an application with the director upon forms provided by the city, which shall be accompanied with an application fee as provided in the fee schedule in appendix
A of this code. In appropriate circumstances, the director shall have the authority to lower or waive the fee. The fee shall be waived for all neighborhood watch block parties during the annual National Night Out event as determined by the chief of police.
(b) Applications
for a street closure permit shall be filed not less than fifteen (15)
days prior to the desired closure.
(c) The
application shall contain the following information:
(1) Name and location of the residential street to be closed;
(2) Name, address, and phone number of the person(s) requesting and desiring
the street closure; and
(3) The date and time for the street closure; block parties must be held
between the hours of 9:00 a.m. and 10:00 p.m.
(d) Included
with the application shall be a petition, as furnished by the city,
which shall contain the signatures of seventy-five (75) percent of
adult owners or residents of the property abutting that portion of
the street to be closed indicating their consent to the proposed street
closure. For purposes of computing the above percentage, each lot
or property parcel shall have only one (1) vote.
(2007 Code, sec. 1.08.062)
Upon submission, validation, and approval of the application and petition for a street closure permit and the receipt of the application fee, the director, subject to section
1.07.234, shall issue a permit.
(2007 Code, sec. 1.08.063)
The director shall act upon a complete application for a street
closure permit within seven (7) days after the filing of the application.
The director may deny a street closure permit if in his/her opinion
the closure of the street would cause significant disruption of the
delivery of city or emergency services, a significant hardship to
the citizens or a threat to public safety. If the director denies
the street closure permit, he/she shall mail the applicant a notice
of this action stating the reasons for the denial of the street closure
permit. The applicant may appeal to the city council by filing a notice
of appeal with the city secretary within five (5) days after receipt
of the notice of denial. The city council shall hear the appeal as
soon as practicable, and its decision shall be final.
(2007 Code, sec. 1.08.064)
The street closure permit granted under the terms of this division
shall not exceed six (6) hours. Another street closure permit shall
not be granted for the same location until at least 90 days have elapsed
from the expiration of the previous street closure permit.
(2007 Code, sec. 1.08.065)
Nothing in this division shall prevent the director, the chief
of police, or their designees from revoking street closure permits
at any time before or during the block party in the interest of public
safety, health or welfare of the community as a whole.
(2007 Code, sec. 1.08.066)