G47-86 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.
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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