The streets in possession of the City are primarily
for the use of the public in the ordinary way. However, under proper
circumstances the Common Council may grant a permit for street use,
subject to reasonable municipal regulation and control. Therefore,
this article is enacted to regulate and control the use of streets
pursuant to a street use permit to the end that the health, safety
and general welfare of the public and the good order of the City can
be protected and maintained.
Any requirement of this article may be waived
or altered by a majority vote of the Common Council upon the request
of the applicant and demonstration by such applicant that the requirement
is unnecessary to protect the interests of the public and would constitute
an undue hardship on the applicant.
Street use permits are required whenever either
of the following conditions exist:
A. The intended use of the street is not in conformance
with all laws, codes and regulations of the City of Rice Lake or the
State of Wisconsin and its departments and agencies.
B. The intended use of the street, in the opinion of
the permit applicant, deems it necessary to use traffic control devices
or personnel in addition to that which would routinely be provided
by the City in its normal delivery of services.
A written application for a street use permit
by persons or groups desiring the same shall be made on a form provided
by the City Clerk-Treasurer and shall be filed with the City Clerk-Treasurer.
The application shall set forth the following information regarding
the proposed street use:
A. The name, address and telephone number of the applicant
or applicants.
B. If the proposed street use is to be conducted for,
on behalf of or by an organization, the name, address and telephone
number of the headquarters of the organization and of the authorizing
responsible heads of such organization.
C. The name, address and telephone number of the person
or persons who will be responsible for conducting the proposed use
of the street.
D. The date and duration of time for which the requested
use of the street is proposed to occur.
E. An accurate description of that portion of the street
proposed to be used.
F. The number of residences, organizations and/or businesses
for which use of the proposed street area is requested.
G. The proposed use, described in detail, for which the
street use permit is requested.
The person or representative of the group making
application for a street use permit shall be present when the Common
Council gives consideration to the granting of said street use permit
to provide any additional information which is reasonably necessary
to make a fair determination as to whether a permit should be granted.
The application shall be accompanied by a petition
designating the proposed area of the street to be used and the time
for said proposed use, said petition to be signed by not less than
75% of the persons responsible for a water utility account which is
located along that portion of the street designated for the proposed
use. The name of the signatory must be that which is recorded by the
utility as responsible for the account; the signature of business
partners, agents, spouses, etc., of the signatory will not be counted
as in addition to the individual responsible for the account or as
a replacement for the signature of the person responsible for the
account. Said petition shall be verified and shall be submitted in
substantially the following form:
Petition for Street Use Permit
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We, the undersigned residents of the __________
hundred block of ___________________ Street in the City of Rice Lake
hereby consent to the ___________________________ recreational or
business use of this street between the hours of _______ and _______
on ______________________ the _____ day of _________________, ____,
for the purpose of ______________________________________ and do hereby
petition the Common Council of the City of Rice Lake to grant a street
use permit for us to use said portion of said street for said purpose
and do hereby agree to abide by such conditions of such use as the
Common Council of the City of Rice Lake shall attach to the granting
of the requested street use permit.
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We designate _________________________________
as the responsible person or persons who shall sign an application
for a street use permit on our behalf.
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An application for a street use permit shall
be accompanied by a fee as set forth in the fee schedule adopted as
part of the annual budget document for each calendar day the street
is to be closed.
A. If the application is for an event involving the sale
or promotion of commercial products or services, the application shall
be accompanied by a deposit of $100 which shall demonstrate the good
faith of the applicant and his/her agreement to pay within 20 days
of billing all City costs incurred by the occasion of the event.
[Amended 1-25-2000 by Ord. No. 00-3]
B. No fee shall be required of organizations which are
nonprofit, as determined by the United States Internal Revenue Service.
A tax identification number shall be furnished by all nonprofit organizations.
The applicant for a street use permit may be
required to indemnify, defend and hold the City and its employees
and agents harmless against all claims, liability, loss, damage or
expense incurred by the City on account of any injury to or death
of any person or any damage to property caused by or resulting from
the activities for which the permit is granted. The applicant shall
be required to furnish a certificate of comprehensive general liability
insurance with per occurrence/aggregate limits of $300,000 from an
insurance carrier which is rated at least A by Moody's. The certificate
shall name the City as an additional insured. Unless waived by the
Council, the applicant shall be required to furnish a performance
bond prior to being granted the permit.
A street use permit for an event in progress
may be terminated by the Police Department if the health, safety and
welfare of the public appears to be endangered by activities generated
as a result of the event or the event is in violation of any of the
conditions of the permits or ordinances of the City of Rice Lake.
The Chief of Police has the authority to revoke a permit or terminate
an event in progress if the event organizers fail to comply with any
of the regulations in the street use policy or conditions stated in
the permit.
The use of streets for purposes of utility work
or construction/demolition related activities is exempt from the provisions
of this article but is subject to other provisions of the City Code
as well as the administrative requirements of the City of Rice Lake.