[HISTORY: Adopted by the City Council of the City of Paterson 4-12-1994 by Ord. No. 94-027. Amendments noted where applicable.]
In accordance with the provisions of § 137-2, a street may be temporarily closed for a block party or any recreational event to be conducted within an area not exceeding one (1) city block under the following conditions:
No objection has been raised to the proposed block party or recreational event by more than ten percent (10%) of the residents of the properties fronting upon the street or portion thereof to be temporarily closed.
The event is sponsored solely by and for the benefit of the residents fronting on the street to be temporarily closed. The event may be for commercial or advertising purposes or profit.
The application for a permit is filed by a bona fide resident over the age of seventeen (17) of a property located on the street or portion thereof which is to be temporarily closed. Such resident may file through any civic or cultural organization or association of which the applicant is a member. The resident must be listed on the application as per § 137-4B(1) herein.
A fee of thirty dollars ($30.) shall be paid for a permit upon approval of the same by the Director of the Department of Public Works unless said permit is for commercial or advertising purposes or profit in which case a fee of one hundred dollars ($100.) shall be paid for same.
The persons, organization or association to whom the permit is issued shall be liable for all losses, damages or injuries sustained by any person, whether a participant or spectator at the block party or recreational event, whether or not said losses, damages or injuries arise by reason of the negligence of the person, persons or organization to whom such permit shall have been issued. The Department of Public Works shall require the applicant to enter into a hold-harmless agreement, which agreement shall provide that the applicant shall agree to save and hold the city harmless of and from any and all obligations and liabilities which may arise from the temporary street closing which represents the subject matter of the application. The applicant shall further agree as part of these provisions to hold harmless the city and to defend at his own cost and expense any claims or lawsuits instituted by third parties, which obligations or liabilities might otherwise exist or be asserted against the city. The Department of Public Works shall further have the option to require that, prior to the issuance of a permit or commencement of the temporary street closing for commercial advertising purposes or profit, the applicant submit evidence of liability insurance covering damages to property and injuries to members of the general public arising out of the temporary street closing in such amounts as may be from time to time determined by the Director of Public Works.
The applicant for the permit shall at the time of the application provide an affidavit establishing proof of notice upon residents of properties fronting upon the street or portion thereof to be closed. Said notice shall consist of a copy of the application for the permit for a temporary street closing and a notice to the resident that any objections to said temporary street closing should be made directly to the Director of Public Works with a copy to the applicant. Notice must be provided to the residents of the properties in question by the applicant at least ten (10) days prior to the scheduled event. Said notice may be served either by handing a copy to the resident or residents or by leaving a copy thereof at the usual place of abode of said tenant, property owner or resident. For the purposes of notice, multiple-family dwellings may be served by service upon a homeowners' association if a recognized association exists for the multifamily dwelling. If no homeowners' association exists, each unit/apartment in the multifamily dwelling place shall be considered one (1) residence and require individual notice. The applicant shall submit an affidavit that all required notices have been duly served.
All residents of properties fronting upon the street to be temporarily closed who have been duly noticed in accordance with § 137-2 above must submit their objections to the proposed temporary street closing, in writing, to the Director of Public Works within five (5) calendar days after the date of service of said notice.
In no event shall a permit be issued by the Director of Public Works for the temporary closing of any street until expiration of the period within which objections may be submitted.
No person may temporarily close or attempt to temporarily close any street within the city to motor vehicle traffic without first obtaining a permit from the Director of Public Works. Any activity conducted within a closed street shall be conducted strictly in accordance with the conditions specified in the permit issued by the Director of Public Works.
Applications for a permit for temporary street closing shall be made upon forms provided by the Director of Public Works and shall contain all of the following information:
The name, residence and business addresses and phone number of the organization or association sponsoring the temporary street closing. If the sponsor is an organization or association, the application shall contain the names, residence and business addresses and phone numbers of the head of the organization and all persons:
The date or dates and beginning and ending hours of the temporary street closing.
A description of the block to be closed by use of street numbers, street name, intersecting street, etc.
The estimated number of persons who will participate in the block party or recreational event for which the closing is sought.
The purpose of the street closing.
Whether parking is requested to be restricted or prohibited during the closing.
Whether any sound amplification equipment is proposed to be used and, if so, a description of the sound information equipment. A separate loudspeaker permit is required if sound amplification is used during the period the street is closed.
Whether or not charity, gratuity or offerings will be solicited or accepted or food, beverages or any merchandise will be sold.
Affidavit attesting to proof of service on those owners, residents and/or tenants of properties fronting upon the street or portion thereof to be temporarily closed in accordance with this chapter.
Any other information which the Director of Public Works considers reasonably necessary in order to carry out the provisions of this section.
An application for a street closing shall be filed in triplicate not less than ten (10) working days before the scheduled date of the temporary street closing. Failure to file within this period is sufficient ground for denial of the permit.
The Director of Public Works shall provide and remove such barricades as are necessary. Applicants shall provide for the collection and removal of all garbage and litter arising out of the temporary street closing in accordance with the specifications of the Department of Public Works.
Prior to the issuance of a permit, applicants must comply with all applicable state laws and city ordinances, including but not limited to laws and Ordinances governing charitable solicitations, sale of food, beverages and merchandise, the use of combustibles, and loudspeaker permits.
Any permit issued under this section shall contain conditions reasonably necessary to minimize the hazards to vehicular and pedestrian traffic and the public health, safety and welfare of the residents of the City of Paterson.
The temporary closing of a street may be authorized by permit between the hours of 9:00 a.m. to 9:00 p.m. during any one (1) day of the week. In no event shall a street closing occur for any one (1) block more than once during a calender year period.
Any application for a permit under this section shall be forwarded to the Chiefs of the Fire and Police Divisions to ensure compliance with the standards set forth in this chapter. No permit for temporary street closing shall issue unless approvals are obtained from the Chief of Police and the Fire Chief.
The Director of Public Works shall issue a permit authorizing the temporary closing of a street when, based upon the information contained in the permit and any other information he considers relevant and reports received from the Fire and Police Divisions, he finds that all of the following circumstances exist:
The applicant has not made any false or misleading statement of material fact in the application for a permit or any other document required by the Director of Public Works.
The application complies with the conditions set forth in § 137-1 and the applicant has paid in advance any fee required and agrees to the conditions imposed in the permit.
The time, duration and extent of the temporary street closing will not substantially disrupt the orderly and safe movement of other traffic.
The temporary street closing will not prevent the diversion of so great a number of police officers to areas contiguous to the closing as to prevent normal police protection within the city.
The concentration of persons will not unduly interfere with proper fire and police protection or ambulance services to areas contiguous to the street to be closed.
The temporary street closing will not unduly interfere with the orderly operation of parks, hospitals, churches, schools or other public and quasi-public institutions within the city.
The applicant will provide reasonable means by posting notices in prominent areas of the street to be closed at least forty-eight (48) hours in advance of the temporary street closing for residents or tenants fronting on the street to be closed and all persons participating in the street closing of the terms of the permit and all applicable laws and ordinances.
The Director of Public Works may waive one (1) or more of the requirements of Subsection A of this section if he finds that such waiver will not affect public safety or convenience. The Director of Public Works may not, under any circumstances, waive the necessary approvals of the Fire and Police Divisions or the other requirements of § 137-1, 137-2, 137-3, 137-4 or 137-5.
The Director of Public Works shall furnish the applicant with written notice of the issuance or denial of a permit within two (2) working days after expiration of the period for objections or as soon as practicable if the application is made less than ten (10) days in advance of the proposed date of the proposed street closing. If a permit is denied, the Director of Public Works shall state the reason for the denial, in writing.
An applicant may appeal, in writing, the denial of a permit to the Public Safety Director within two (2) working days of the date of denial by the Director of Public Works. The Public Safety Director shall set a hearing on the appeal within two (2) working days of receipt of the appeal. After holding a hearing, the Public Safety Director may reverse, affirm or modify in any respect the decision of the Director of Public Works.
The Director of Public Works may waive the time limitations in § 137-4 for filing an application, and the Public Safety Director may waive the time limitations in this section for filing an appeal if either of them finds that unusual circumstances or good cause exists and that no unreasonable burden upon the city or its citizens will be created by any waiver. No time limit may be waived upon the initial application which would shorten the time period for or deny the right of objection to tenants, residents or property owners fronting on the street or portion thereof to be temporarily closed.
The Director of Public Works shall forward a copy of the permit to the City Clerk, who shall keep the same on file for inspection.
Any permit for a temporary street closing may be revoked by the Director of Public Works, the Chief of the Police Division or the Chief of the Fire Division at any time when, by reason of emergency, disaster, disorder, traffic conditions, violation of the conditions of the permit or undue burden on public services, he determines that the health, safety and welfare of the city requires said revocation. Notice of revocation of a permit shall be delivered, in writing, to at least one (1) person named upon the permit by personal service or by certified mail, or if the temporary closing has commenced, notice may be given orally or in writing, by personal contact or service or by telephone to at least one (1) person named upon the permit.
The Director of Public Works shall post the proper warning signs of any temporary street closing in any and all streets or portion of streets connected with the closing.
Any person or association who closes or attempts to close a street to vehicular or pedestrian traffic without first having obtained a permit from the Director of Public Works shall be subject to a fine not to exceed one thousand dollars ($1,000.), imprisonment for not more than ninety (90) days or a period of community service for not more than ninety (90) days, or any combination thereof.