§ 74.027. Temporary street closures.

(a)

The city manager or the city manager's designee may permit the temporary closure of a public street in accordance with this section. The approval of a permit under this section shall be subject to the granting of any other permits, licenses or approvals under other ordinances or laws as may be applicable to the activity for which the closure is requested.

(b)

Temporary street closures are allowed for purposes including, but not limited to, the following:

(1)

For the filming of feature length movies, commercials, television or internet shows and programs, music videos, corporate films and similar audio and video productions;

(2)

When the chief building official, the city engineer or executive director of public services determines that the closure is necessary to facilitate the safe and orderly construction, remodeling, renovation, repair, maintenance, removal or demolition of structures or improvements or installation or removal of landscaping materials, trees and vegetation on adjacent property (If the work to be completed involves construction in the right-of-way, a right-of-way must also be obtained); or

(3)

In connection with a special event approved under Chapter 19 of this Code.

(c)

A person wishing to apply for a temporary street closure shall submit a completed application on a form prescribed by the city manager within a period of time established by the city manager that is at least five business days prior to the initiation of a closure for activities under subsection (b)(l) and ten business days prior to the initiation of a closure for all other activities under subsection (b).

(d)

An application shall be accompanied by a fee established by the city council. This fee is not refundable.

(e)

The application form shall contain an agreement by the applicant to reimburse the city for direct expenses associated with the street closure, including barricading, cleanup and police security. The form shall also contain a waiver and indemnification agreement in a form approved by the city attorney and, when deemed necessary by the city manager, require the applicant to provide liability insurance that names the city as an additional insured, in amounts determined by the city manager or his designee based on the nature and scope of the proposed activity.

(f)

The city manager may deny a requested temporary street closure for any of the following reasons:

(1)

The application is incomplete or contains any false or misleading information.

(2)

The application is submitted after the deadline described m subsection (c) of this section.

(3)

All or part of the area requested for closure has already been permitted for closure to a different applicant.

(4)

The area requested for closure is of a location, size or nature that it requires an unreasonable diversion of traffic flow on affected streets.

(5)

Adequate traffic control and related safety plans cannot reasonably be developed by the date(s) and time(s) originally requested by the applicant.

(6)

Adequate personnel and resources necessary to facilitate or monitor the closure are unavailable at the date(s) and time(s) requested.

(7)

The activity for which the closure is requested presents an unreasonable threat to public health, safety or peace, including, but not limited to damage to property, injury to persons, excessive noise, and emission or discharge of noxious or toxic fumes or chemicals.

(g)

A permit for a temporary street closure issued by the city manager shall specify the dates, times and location of the closure, which may correspond with or differ from those requested by the applicant.

(h)

This section shall apply only to temporary street closures requested by private persons. This section shall not limit or affect the city's authority to:

(1)

Initiate temporary street closures for public purposes, including closures for the city's own construction, reconstruction or maintenance activities or closures necessary to prevent imminent threats to public health, safety or peace; or

(2)

To authorize temporary street closures for non-commercial purposes such as neighborhood association gatherings, public ceremonies, festivals and civic functions.

(3)

Temporary street closures associated with parades and construction or installation of utilities in public rights-of-way are regulated separately under other sections of this Code.

(Code 1970, § 25-10; Ord. No. 2015-49 , § 1, 11-17-15; Ord. No. 2018-04 , § 17, 4-17-18)