No person shall temporarily close any portion of a public street,
alley, or other public way to vehicular or pedestrian traffic for
the purpose of conducting a street dance, neighborhood party, commercial
promotional activity, or special event, or for any other purposes
without first obtaining a street closure permit from the city manager,
or his or her designee, as hereinafter provided.
(Ord. 845-98 § 1)
An application for a street closure permit shall be in writing, on a form as specified by the city, shall be accompanied by the fee specified in Section 10.40.050 of this chapter, and shall be filed not later than forty-five days prior to an event requiring the temporary closure of any portion of a public street, alley, or other public way. Such application shall be filed with the municipal services department and shall contain the following information:
(a)
The name, address, and telephone number of the applicant(s).
(b)
The exact location(s) of the street(s), alley(s), or other public
way(s) which the applicant(s) request(s) permission to close or partially
close.
(c)
The date(s), hour(s), and location(s) for which a closure permit
is requested.
(d)
The purpose of the activity, event, party, or dance.
(e)
Such other information as the city form may require in order to evaluate
the application.
(Ord. 845-98 § 1)
The city manager, or his or her designee, may grant the application
and authorize the issuance of a street closure permit if (s)he determines
that granting of the application for the time(s) and location(s) specified
will not unreasonably inconvenience the public, create unusual traffic
or law enforcement problems, or interfere with the peace and quiet
of the surrounding neighborhood. If the city manager determines not
to issue a street closure permit, (s)he may either deny the same or
refer the application to the city council for a determination. The
city manager shall notify the applicant(s) in writing by personal
service or by certified mail, of his or her determination and of the
applicant(s) right to appeal said decision to the city council.
(Ord. 845-98 § 1)
In the event the city manager, or his or her designee, determines to issue a street closure permit, (s)he may impose such conditions in connection with such permit as (s)he deems reasonably necessary to ensure that the activity, event, or party will be conducted in an orderly manner with a minimum of inconvenience to the public, in accordance with all laws, rules, and regulations, and consistent with Section 10.40.030 of this chapter. In addition, the city manager may require the applicant(s) to:
(a)
Provide liability insurance for the protection of the public which
names the city, its elected officials, officers, employees, and members
of boards and commissions, as an additional assured with specified
minimum liability amounts to be determined by the city manager; and/or
(b)
Execute an indemnity agreement in which the applicant(s) agree(s)
to indemnify and hold harmless the city, its officers, agents, and
employees, from and against any liability, damage, cost, claim or
damages arising out of or related to the issuance of a street closure
permit; and/or
(c)
Tender a cash deposit to cover city costs or services requested by
the permittee or reasonably foreseeable because of the nature of the
event including, but not limited to barricades, equipment and staff
time.
(Ord. 845-98 § 1)
There shall be a fee for the issuance of a street closure permit.
Such fee shall be set by resolution of the city council as amended
from time to time.
(Ord. 845-98 § 1)
If the applicant(s) is(are) aggrieved by an action or failure
to act upon the part of the city manager in issuing, failing to issue,
suspending or revoking a street closure permit under this chapter,
such applicant(s) may appeal to the city council by filing with the
city clerk a statement addressed to the city council setting forth
the facts and circumstances regarding the action or failure to act
on the part of the city manager. The city clerk shall notify the applicant
in writing by certified mail of the time and place set for hearing
of the appeal. The city clerk shall, at the next regular meeting of
the city council held not less than fifteen days from the date on
which such appeal shall have been filed with the city clerk, agendize
the same for hearing and determination based upon all relevant evidence.
The city council may sustain, overrule, or modify the action of the
city manager, and the decision of the city council shall be final.
The right to appeal to the city council from the denial, suspension,
or revocation of any permit required by this chapter shall terminate
upon the expiration of ten days following the deposit of a certified
letter in the United States Post Office advising the applicant of
the action of the city manager and of his or her right to appeal such
action to the city council.
(Ord. 845-98 § 1)
Where a partial or complete street closure is authorized by
a permit issued under the authority of this chapter, the public works
department shall cause signs, stanchions, barriers, vehicles, or other
devices to be placed at such location(s) as will give notice to the
public indicating that such street, alley, or other public way, or
portion thereof, is closed to vehicular traffic. Any traffic control
devices or markings installed upon traffic barriers shall conform
to the uniform standards and specifications adopted by the department
of transportation pursuant to California Vehicle Code Section 21400.
(Ord. 845-98 § 1)
No person shall operate a vehicle upon a street, alley, or other
public way, or any portion thereof, closed pursuant to any permit
issued under the authority of this chapter.
(Ord. 845-98 § 1)
Unless directed otherwise by the city council, the public works
department shall cause the street, alley, or other public way, or
portion thereof, closed pursuant to a permit issued under the authority
of this chapter to remain accessible to or open to use by public transportation
vehicles having designated routes, and/or public safety, fire suppression,
or other emergency vehicles.
(Ord. 845-98 § 1)
It shall be an infraction to violate any of the provisions of this chapter, and upon conviction shall be punished as provided in Section 1.08.030 of this code.
(Ord. 845-98 § 1)
