Loading...
HomeMy WebLinkAboutG47-86 Ordinance No. G47-86 AN ORDINANCE PROVIDING FOR TEMPORARY STREET CLOSURES UPON APPLICATION TO THE CITY MANAGER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. Definitions. For the purpose of this ordinance, a "temporary street closure" shall mean a block party, local special event, festival, celebration, concert, or any similar occurrence to be conducted within the City of Elgin. Section 2. Permit Required. No person, firm, corporation or organization shall participate in, advertise for or in any way promote, organize, control, manage, solicit, or induce participation in a temporary street closure unless a permit has first been obtained from the City Manager. No person, firm, corporation or organization shall violate any of the terms of a permit issued for temporary street closure or this article, nor join or participate in any permitted activity under this article over the objection of the permit holder, nor in any manner interfere with the progress or orderly conduct of a temporary street closure. Section 3. Application for Permit. An application for a permit for temporarpy street closure shall be made upon a form provided by the City Manager and shall contain the following information: (a) The name, residence and business address, and phone number of each person and organization sponsoring the temporary street closure. If an organization, the application shall contain the names, residence and business addresses, and phone numbers of the president or chairman thereof, and all other persons: (I) Having an interest or position of management or control in such organization; (2) Who are or will be engaged in organizing, promoting, controlling, managing or soliciting participation in such temporary street closure. (b) The date, or dates, and beginning and ending hours of such temporary street closure. (c) The block or intersection in which such closure will occur. (d) The estimated number of persons who will participate. (e) The purpose of the temporary street closure. (f) Whether parking is requested to be restricted or prohibited during such closure. elk (g) Whether any sound amplification equipment is proposed to be used, and if so, information describing such sound amplification. No sound amplification llla‘ equipment shall be used in any way contrary to the applicable city ordinances on sound amplification equipment. (h) Whether or not charity, gratuity, or offerings will be solicited or accepted, or sales of food, beverages or other merchandise will occur. (i) Whether such temporary street closure will occupy all or only a portion of the street or intersection involved. (j) Such other information as the City Manager deems reasonably neces- sary in order to carry out his duties under this article. Section 4. Time of Filing. The application shall be filed not less than twenty- eight days prior to the scheduled date of such temporary street closure. Failure to file on time is denial of a permit. Section S. Barricades; Litter Collection. Applicants shall provide for the collec- tion and removal of all trash, garbage, and litter caused by or arising out of such temporary street closure. Each applicant shall enter into a written agreement, specify- ing the duties to be performed under this section. Such written agreement shall be in a form approved by the Corporation Counsel. Section 6. Personnel Cost. Applicants shall pay to the city the cost of city personnel who are required by the city to work overtime hours or other than regular shift or perform duties during or as a result of such temporary street closure. Applicants shall deposit with the city a sum in an amount estimated by the City Manager for such purposes. Section 7. Compliance with Laws. Prior to issuance of a permit under this article, all applicable ordinances and laws shall be complied with and all required permits and licenses shall be secured in connection with such temporary street closure, or the proposed activities associated therewith including, but not limited to, charitable solicita- tions, collections or acceptance of gratuities, the sale of food, beverages or other merchandise, or the use of candles, torches, fires, or other combustibles. Section 8. Conditions in Permits. Any permit granted under this article may contain conditions reasonably calculated to reduce or minimize the dangers and hazards to vehicular or pedestrian traffic and the public health, safety, tranquility, morals or welfare, including, but not limited to, changes in time, duration, number of participants, or noise levels and in the event that the event is intended to attract persons who do not reside in the immediate area, the City Manager may also require insurance and indemni- fication by the applicant. Section 9. Standards for Issuance. A permit shall be issued by the City Manager when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that the following circumstances exist: (a) The applicant has not knowingly and with intent to deceive, made any rk false, misleading or fraudulent statements of material fact in the application for a permit or in any other document required pursuant to this ordinance. (b) The applicant has met the standards in this article, and paid in advance any fee required and agrees to such conditions as are imposed in the permit. (c) The time, duration and size of the temporary street closure will not substantially disrupt the orderly and safe movement of other traffic. (d) The temporary street closure is of a size or nature such that it will not require the diversion of so great a number of police officers of the city as to prevent normal police protection to the city. (e) The concentration of persons will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such street closure. (f) The temporary street closure will not unduly interfere with the movement of firefighting equipment on the way to a fire. (g) The temporary street closure will not unduly interfere with the orderly operation of parks, hospitals, churches, schools or other public and quasi-public institutions in the city. Section 10. Notice of Issuance or Denial. Written notice of the issuance or denial /�. of a permit shall be provided to the applicant within fourteen days of receipt of an C application. If a permit is denied, said written notice shall state the reasons for denial. Section I I. Appeals Procedure. Upon the denial of a permit by the City Manager, the applicant may appeal by filing the application within 72 hours or two city working days, whichever is longer, with the City Clerk or his designated representative, who shall set the appeal for hearing by the City Council within 48 hours. The City Clerk shall notify the applicant orally and in writing of the date and time of the hearing, provided that oral notification is not required if the applicant is not available either by telephone or in person at the city hall. After holding a hearing, the City Council may reverse, affirm or modify his decision. Section 12. Waiver of Time Limitations. For good cause shown, the City Manager may waive the time limitation established for filing an application or for filing an appeal. Section 13. Revocation of Permit. Any permit for a temporary street closure issued pursuant to this article may be revoked by the City Manager at any time when by reason of emergency, disaster, calamity, disorder, riot, extreme traffic conditions, violation of this article or of any permit conditions, or undue burdon on public services, he determines that the health, safety, tranquility, morals or welfare of the public or the safety of any property requires such revocation. Notice of revocation of a permit shall be delivered in writing to at least one person named upon the permit by personal service or by certified mail, or if the closure has commenced, orally, or in writing, by personal contact or service, or by telephone. Continuance of a temporary street closure after such notice has been delivered is unlawful. • Section 14. This ordinance shall be in full force and effect ten days after passage and publication in pamphlet form. s/Richard L. Verbic Richard L. Verbic, Mayor Presented: May 27, 1986 Passed: May 27, 1 986 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/Nancy Roll Nancy Roll, Deputy Clerk