[Adopted 6-28-1988 as Title 7, Ch. 8 of the 1988 Code]
The streets in possession of the Village are
primarily for the use of the public in the ordinary way. However,
under proper circumstances the Village Board 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
Village can be protected and maintained.
A written application for a street use permit
by persons or groups desiring the same shall be made on a form provided
by the Village Clerk-Treasurer and shall be filed with the Village
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 approximate number of persons for whom 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 Village
Board 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.
Before any application for a street use permit
is considered by the Village Board, the application shall be reviewed
by the Chief of Police for his recommendation as to the effect that
the temporary closing of the street will have on the public safety
in the area during the time the street may be closed. Likewise, before
any application is considered by the Village Board, the application
shall be reviewed by the Police Chief and Director of Public Works
for their recommendation as to the effect that the temporary closing
of the street will have on traffic movement in the area during the
time the street may be closed.
A.
An application for a street use permit shall be denied
if:
(1)
The proposed street use is primarily for private or
commercial gain.
(2)
The proposed street use would violate any federal
or state law or any ordinance of the Village.
(3)
The proposed street use will substantially hinder
the movement of police, fire or emergency vehicles, constituting a
risk to persons or property.
(4)
The application for a street use permit does not contain
the information required above.
(5)
The application requests a period for the use of the
street in excess of six hours.
(6)
The proposed use could equally be held in a public
park or other location.
B.
In addition to the requirement that the application
for a street use permit shall be denied, as hereinabove set forth,
the Village Board may deny a permit for any other reason or reasons
if it concludes that the health, safety and general welfare of the
public cannot adequately be protected and maintained if the permit
is granted.
Each application for a street use permit shall
be accompanied by a fee as set by the Village Board.
In addition to the fee required by the previous
section, each application for a street use permit, except for parades
or races sponsored by civic, youth or scout organizations which have
been in existence for at least six months, shall be accompanied by
a petition designating the proposed area of the street to be used
and time for said proposed use, said petition to be signed by not
less than 75% of the residents over 18 years of age residing along
that portion of the street designated for the proposed use. Said petition
shall be verified and shall be submitted on a form provided by the
Village Clerk-Treasurer.
The applicant for a street use permit may be
required to indemnify, defend, and hold the Village and its employees
and agents harmless against all claims, liability, loss, damage or
expense incurred by the Village 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. As evidence of the
applicant's ability to perform the conditions of the permit, the applicant
may be required to furnish a certificate of comprehensive general
liability insurance with the Village of Mazomanie. The applicant may
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 appear 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. 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.
