[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 4-18-2005 by Ord. No. 05-14.
Amendments noted where applicable.]
The streets in the possession of the Village
are primarily for the use of the public in the ordinary way. However,
under proper circumstances, the Village Clerk may grant a permit for
street use, subject to reasonable municipal regulation and control.
Therefore, this chapter is enacted to regulate and control the use
of streets pursuant to a block party permit, to the end that the health,
safety and general welfare of the public and the good order of the
Village can be protected and maintained.
As used in this chapter, the following terms
shall have the meanings indicated:
A gathering, in a residential district only, of abutting
neighbors and their relatives and friends within the Village street
right-of-way or other public thoroughfare which has been temporarily
closed for the occasion. Block party permits will only be issued during
the period of May 1 through September 30.
No person shall encroach upon, occupy, obstruct
or encumber any public street or highway, or part thereof, for the
purpose of participating in a block party unless authorized to do
so in accordance with this chapter.
A.Â
A written application for a block party permit by
persons or groups desiring the same shall be made on a form provided
by the Village Clerk and shall be filed with the Village Clerk at
least 15 days before an event.
B.Â
The application shall set forth the following information
regarding the proposed street use:
(1)Â
The name, address and telephone number of the applicant
or applicants. Applicant must be a Village resident.
(2)Â
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.
(3)Â
The name, address and telephone number of the person
or persons who will be responsible for conducting the proposed use
of the street.
(4)Â
The date and duration of time for which the requested
use of the street is proposed to occur. A block party permit will
only be issued for one day and shall not start earlier than 10:00
a.m. and end no later than 9:00 p.m.
(5)Â
An accurate description of that portion of the street
proposed to be used.
(6)Â
The approximate number of persons for whom use of
the proposed street area is requested and a list of block party participants
on the form provided. The list of participants must be signed by not
less than 75% of the residents over 18 years of age residing along
that portion of the street designed for the proposed use.
(7)Â
The proposed use, described in detail, for which the
block party permit is requested.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Before any application for a block party permit
is considered by the Village Clerk, the application shall be reviewed
by the Chief of Police and the Director of Public Works for their
recommendation as to the effect that the temporary closing of the
street will have on the public safety and traffic movement in the
area during the time the street may be closed.
A.Â
An application for a block party permit shall be denied
if:
(1)Â
The proposed street use is primarily for private or
commercial gain.
(2)Â
The proposed street use would violate any federal
or state law or any ordinance of the Village.
(3)Â
The proposed street use will substantially hinder
the movement of police, fire or emergency vehicles, constituting a
risk to persons or property. Permits will only be granted to close
non-through streets such as cul-de-sacs and dead-end streets. A permit
will not be granted to close a main thoroughfare in the Village.
(4)Â
The application for a block party permit does not
contain the information required above.
(5)Â
The application requests a period for the use of the
street that would last later than 9:00 p.m.
(6)Â
The proposed use could equally be held in a public
park or other location.
B.Â
In addition to the requirement that the application
for a block party permit shall be denied as hereinabove set forth,
the Village Clerk, in consultation with the Chief of Police and Director
of Public Works, may deny a permit if for any other reason or reasons
it is determined that the health, safety and general welfare of the
public cannot adequately be protected and maintained if the permit
is granted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Each application for a block party permit shall
be accompanied by a fee as established in the Village Fee Schedule.
A.Â
Acceptance of a permit shall make the applicant primarily
liable for damages to persons or property caused by reason of the
closing. The applicant further agrees to pay an amount sufficient
to reimburse the Village for any damages done to the street surface,
right-of-way or any other cleanup required after the event. The street
surface shall not be altered in any manner (i.e., tent stakes, line
markings, etc.). The Village shall not be liable for any damage caused
by a street closing.
B.Â
The applicant shall be responsible for procurement,
placement and maintenance of barricades used to barricade streets
under this division. No block party shall commence or continue unless
barricades are properly placed and maintained. The applicant acknowledges
that under no circumstances will the street or right-of-way be blocked
that would prohibit access for emergency vehicles. If a permit is
granted, the Department of Public Works will deliver a sufficient
number of marked barricades to the address of the applicant. The barricades
shall be returned to the point of delivery for pickup by the Village
on the next working day.
C.Â
Music or noise must be kept at a reasonable level
so as not to disturb others. Amplified noise or music is prohibited
at such block parties.
D.Â
The applicant shall be responsible for clearing litter
and debris from the street after the conclusion of the event.
E.Â
any damages associated with a block party permit will
be invoiced to the applicant and, if not paid, will be assessed against
the applicant's property.
Alcohol cannot be served, consumed or transported
in open containers on any public property, i.e., streets, sidewalks
and alleys.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A block party 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 Village of Pleasant Prairie. If police officers are dispatched or needed at the location of this event because of problems being created, the officers have the authority to order the street opened and, if appropriate, shall enforce § 250-8 of the Code, Loud and unnecessary noise, if the noise being produced is determined to be unreasonable.
