§ 22-8. Temporary street closures.

(1)

Definitions. For the purposes of this section, a "temporary street closure" shall mean a block party, local special event, festival, celebration, concert, or any similar occurrence to be conducted within an area not exceeding one (1) city block or one (1) intersection or the Friendship Plaza, in the City of Cartersville and which is sponsored solely by the owners, residents or tenants in the area, or their organization. Any temporary street closure authorized in whole or in part by the city for municipal purposes, including but not limited to, conveyance of traffic, travel, or facilitating of an event of a general civic or public nature, is exempt from this 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 fist been obtained from the director of planning and development or their designee. No person, firm, corporation or organization shall violate any of the terms of a permit issued for a temporary street closure or this section, nor join or participate in any permitted activity under this section over the objection of the permit holder, nor in any manner interfere with the progress or orderly conduct of a temporary street closure.

(3)

Application for permit. An application for a permit for temporary street closure shall be made upon a form provided by the director of planning and development or their designee and shall contain all of 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:

1.

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;

(g)

Whether any sound amplification equipment is proposed to be used, and if so, information describing such sound amplification. No sound amplification equipment shall be used in any way which would constitute nuisance to adjoining property owners or contrary to section 11-101 of the City of Cartersville Code of Ordinances;

(h)

Whether or not charity, gratuity, or offerings will be solicited or accepted, or sales of food, beverages, alcohol or other merchandise will occur;

(i)

Whether such temporary street closure will occupy all or only a portion of the street or intersection involved; and

(j)

Such other information as the director of planning and development deems reasonably necessary in order to carry out his duties under this section.

(4)

Time of filing. The application shall be filed not less than ten (10) days prior to the scheduled date of such temporary street closure. Failure to file on time is denial of a permit.

(5)

Special activities. When an application is submitted for a permit to conduct an activity which, due to its proposed size or nature, cannot reasonably be conducted or maintained within a single location, the applicant shall designate proposed locations on a map submitted as part of the application, indicating distances from curbs, crosswalks, driveways, building entrances, and fire hydrants, which proposed locations shall be subject to the approval of the director of planning and development or their designee. All such encroachments shall meet all the following minimum location requirements:

(a)

There shall at all times remain open for the passage of pedestrians a space of not less than five (5) feet in width.

(b)

Equipment and displays associated with approved activities shall not be permitted at any of the following:

1.

Within three (3) feet of the curb when adjacent to a traffic lane;

2.

Within two (2) feet of any curb;

3.

Within five (5) feet of the outer edge of any crosswalk or driveway measured in each direction parallel to the building line, and thence at a ninety-degree angle to the curb; and

4.

Within five (5) feet of the outer edge of any entrance to any building, including doors and emergency exits, measured in each direction parallel to the building line or patio or deck line, and thence at a ninety-degree angel to the curb.

(6)

Permit fee. All applications for a permit shall be accompanied by a processing fee of fifty dollars ($50.00), no part of which shall be refundable, provided however, that no such fee shall be assessed for a permit involving an activity sponsored by and conducted by a charitable organization or residential neighborhood.

(7)

Nontransferability. No permit issued pursuant to this section shall be transferable except with the written approval of the director of planning and development or their designee. A written application for such a transfer shall be made to the director of planning and development or their designee and shall be accompanied by a filing and processing fee of ten dollars ($10.00) no part of which shall be refundable. The application for such transfer shall contain the same information as required herein for an initial application for a permit as set forth in ordinance. In the event of denial of such transfer, notification of and reasons for denial shall be set forth in writing and shall be sent to the applicant by mail or delivered in person.

(8)

Barricades; litter collection. Applicants shall provide and remove such barricades and warning devised as are deemed necessary by and are acceptable to the director of planning and development or their designee. Applicants shall also provide for the collection 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, specifying the duties to be performed under this section. Such written agreement shall be in a form approved by the city attorney.

(9)

Hold harmless. Applicants shall agree in writing to assume the defense of and indemnify and save harmless the city, its mayor, council members, boards, commissions, officers, employees and agents, from all suits, actions, damages or claims to which to city may be subjected of any kind or nature whatsoever resulting from, caused by, arising out of or as a consequence of such temporary street closure and the activities permitted in connection therewith.

(10)

Personnel costs. Applicants shall pay to the city the costs 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 director of planning and development or their designee.

(11)

Compliance with laws. Prior to issuance of a permit under this section, 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 solicitations, collections or acceptance of gratuities, the sale of food, beverages, alcohol, or other merchandise, or the use of candles, torches, fires, or other combustibles.

(12)

Conditions in permits. Any permit granted under this section 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.

(13)

Standards for issuance. A permit shall be issued by the director of planning and development or their designee, when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that all of the following circumstances exist:

(a)

The applicant has not knowingly and with intent to deceive, made any 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 section, 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 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 closures will not unduly interfere with the orderly operating of parks, hospitals, churches, schools or other public and quasi-public institutions in the city;

(h)

The applicant has provided reasonable means for informing all persons listed in subsection (3), paragraph (a) of this section, and all other persons participating in the temporary street closure of the terms and conditions of such permit and the applicable laws;

(i)

The permit must be approved by the following: Chief of police, fire chief, and director of planning and development.

(14)

Notice of issuance or denial. Written notice of the issuance or denial of a permit shall be provided to the applicant within five (5) days of receipt of an application, or as soon as practicable if received less than ten (10) days in advance of the proposed date of the temporary street closure. If a permit is denied, said written notice shall state the reasons for denials.

(15)

Appeals procedure. Upon the denial of a permit by the director of planning and development or their designee, the applicant may appeal by filing the application within seventy-two (72) hours or two (2) city working days, whichever is longer, with the city manager or his designated representative, who shall set the appeal for hearing within forty-eight (48) hours. The city manager will 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 manager may reverse, affirm or modify in any respect the determination of the director of planning and development or their designee.

(16)

Waiver of time limitations. For good cause shown, the director of planning and development or their designee may waive the time limitation in subsection (4) for filing an application and the city manager may waive the time limitation in this subsection (16) for filing an appeal.

(17)

Revocation of permit. Any permit for temporary street closure issued pursuant to this section may be revoked by the director of planning and development or their designee at any time when by reason of emergency, disaster, calamity, disorder, riot, extreme traffic conditions, violation of this section or of any permit conditions, or undue burden 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 (1) person named upon the permit by personal service or by certified mail, or if the closure has commenced, orally, or in writing, by personal contract or service, or by telephone. Continuance of a temporary street closure after such notice has been delivered is unlawful.

(Ord. No. 20-03, § 5, 6-5-03; Ord. No. 51-08, § 1, 12-4-08)