The following words, terms and phrases,
when used in this division, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different
meaning:
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.
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 but shall not include any
federal-maintained or state-maintained highway or roadway.
(Ordinance
2018-17 adopted 7/3/18)
It shall be unlawful for any person
to conduct a block party without first having obtained a street closure
permit from the chief of police.
(Ordinance
2018-17 adopted 7/3/18)
(a)
All persons seeking to conduct a
block party shall file an application for a street closure permit
with the city manager upon forms provided by the city and shall pay
a nonrefundable application fee in an amount specified in a schedule
of fees adopted by the city council.
(b)
Applications for a street closure
permit shall be filed not less than 15 days before the desired block
party.
(c)
The application shall contain the
following information:
(d)
Included with the application shall
be a petition, on forms furnished by the city, which shall contain
the signatures of 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 vote.
(1)
Name and location of the residential
street to be closed;
(2)
Name, address and phone number of
persons 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.
(Ordinance
2018-17 adopted 7/3/18)
Upon submission, validation, and approval of the application and petition for street closure permit and receipt the of application fee, the chief of police, subject to section
18.07.065, shall issue a permit.
(Ordinance
2018-17 adopted 7/3/18)
The city manager shall act upon a
complete application for a street closure permit within seven days
after the filing of the application. The city manager may deny a street
closure permit if in his 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 city manager denies the street closure permit, he shall mail
the applicant a written 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 clerk
within five 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.
(Ordinance
2018-17 adopted 7/3/18)
The street closure permit granted
under the terms of this division shall not exceed six 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.
(Ordinance
2018-17 adopted 7/3/18)
The city will arrange for, as necessary,
adequate barricades at the designated location at the appropriate
time, at the cost of the applicant.
(Ordinance
2018-17 adopted 7/3/18)
Nothing in this division shall prevent
the city manager, the chief of police, or their designees from revoking
a street closure permit at any time before or during the block party
in the interest of public safety, health or welfare.
(Ordinance
2018-17 adopted 7/3/18)
(a)
A person commits an offense if he
partially or fully closes without a street closure permit issued by
the chief of police or with a street closure permit that has expired
or been revoked.
(b)
A culpable mental state is not required for the commission of an offense under this section; therefore, it shall be subject to the penalty as provided for in section
1.01.009(a) of this code.
(c)
It is hereby determined that this section governs fire safety and public health and, therefore, any person violating or failing to comply with any of the provisions of this section, and, if it is shown at the time of trial that the conduct was intentional, it shall be subject to the penalty as provided for in section
1.01.009(b) of this code.
(Ordinance
2018-17 adopted 7/3/18)