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)