[Adopted 1-18-2000 by Ord. No. 99-14
as Title 7, Ch. 7 of the 2000 Code]
A.
The streets, sidewalks or other public ways in possession
of the Village are primarily for the use of the public in the ordinary
way. However, under proper circumstances, a street use permit may
be granted by the Village Board, or as authorized by Subsection A(2)
below, subject to reasonable municipal regulations and control. Therefore,
this article is enacted to regulate and control the use of streets,
sidewalks, or other public ways 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.
B.
The Chief of Police is authorized to issue street
use permits when the requested use does not include the traffic lanes
or the closing of the street to vehicular traffic (i.e., parking stalls,
sidewalks, etc.), provided the applicant has furnished the Village
with a certificate of comprehensive general liability insurance which
specifically names the Village of New Glarus as an additional insured.
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 fee for such permit shall be as set by the Village
Board, plus any actual Village administrative expenses. 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,
sidewalk or other public way 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 Committee
on Public Works and Safety and/or 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 Committee on Public Works and Safety for its recommendation
as to the effect that the temporary closing of the street, sidewalk,
or other public way will have on the public safety and traffic movement
in the area during the time the street, sidewalk, or other public
way may be closed.
A.
An application for a street use permit may 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 five days.
(6)
The proposed use could equally be held in a public
park or other location.
(7)
The use would cause damage to the street surface.
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.
The Village Board shall require the applicant
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
to the Village of New Glarus. 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 of New Glarus.
The Police Department 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.
