Redwood City Municipal Code Art. I Temporary Street Closures

For the purposes of this Article, the following words and phrases shall have the meaning ascribed thereto.

BLOCK PARTY means a local event, festival, celebration, concert or any similar occurrence to be conducted within an area not exceeding one (1) City block or one (1) intersection, in the City, at least two-thirds (⅔) of which area is residentially zoned and which is sponsored solely by such owners, residents or tenants and is not for commercial or advertising purposes or profit.

SPECIAL EVENT means an event, festival, celebration, concert or any similar occurrence to be conducted within an area of at least one (1) City block or one (1) intersection in the City.

TEMPORARY STREET CLOSURE means the closure of a street, or streets, within the City limits, for a period not to exceed forty-eight (48) continuous hours.

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 Chapter.

(Ord. No. 1705, § 1, 5-23-77)

(Ord. No. 2460, § 4(Exh. A), 5-6-19)

It shall be unlawful for any person to participate in, advertise for or in any way promote, organize, control, manage, solicit or induce participation in a temporary street closure unless the applicable permit has first been obtained from the Chief of Police. No person 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 permittee, nor in any manner interfere with the progress or orderly conduct of a temporary street closure.

(Ord. No. 1705, § 1, 5-23-77)

(Ord. No. 2460, § 4(Exh. A), 5-6-19)

A. An application for a permit for temporary street closure for a block party shall be made upon a form provided by the City and shall contain all of the following information:

1. The name, residence and business address, and phone number of each person and organization sponsoring a 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:

a. Having an interest or position of management or control in such organization; or

b. Who are or will be engaged in organizing, promoting, controlling, managing or soliciting participation in such temporary street closure;

2. The date, or dates, and beginning and ending hours of such temporary street closure;

3. The block or intersection in which such closure will occur;

4. The estimated number of persons who will participate;

5. The purpose of the temporary street closure;

6. Whether parking is requested to be restricted or prohibited during such closure;

7. Whether any sound amplification equipment is proposed to be used, and if so, information describing such sound amplification equipment;

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

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

10. Such other information as the Chief of Police deems reasonably necessary in order to carry out his duties under this Article.

B. An application for a permit for temporary street closure for a special event (including within the Courthouse Square Event Area as defined in Article III) shall be made upon a form provided by the City and shall contain all of the following information:

1. The name, residence and business address, and phone number of each person and organization sponsoring a 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:

a. Having an interest or position of management or control in such organization; or

b. Who are or will be engaged in organizing, promoting, controlling, managing or soliciting participation in such temporary street closure;

2. The date, or dates, and beginning and ending hours of such temporary street closure;

3. The block(s) or intersection(s) in which such closure will occur;

4. The estimated number of persons who will participate;

5. The purpose of the temporary street closure;

6. Whether parking is requested to be restricted or prohibited during such closure;

7. Whether any sound amplification equipment is proposed to be used, and if so, information describing such sound amplification equipment;

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

9. Whether such temporary street closure will occupy all or only a portion of the street(s) or intersection(s) involved; and

10. Such other information as the Chief of Police deems reasonably necessary in order to carry out his/her duties under this Article.

(Ord. No. 2460, § 4(Exh. A), 5-6-19)

Editor's note— Ord. No. 2460, § 4(Exh. A), adopted May 6, 2019, amended § 33A.3 in its entirety to read as herein set out. Former § 33A.3 pertained to application for permit and derived from Ord. No. 1705, § 1, adopted May 23, 1977).

The application for any permit issued under this Article shall be filed not less than ten (10) days prior to the scheduled date of such temporary street closure. Failure to file within such period is sufficient grounds for denial of a permit.

(Ord. No. 1705, § 1, 5-23-77)

(Ord. No. 2460, § 4(Exh. A), 5-6-19)

Applicants for any permit issued under this Article shall provide and remove such barricades and warning devices as are deemed necessary by and are acceptable to the Chief of Police. 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.

(Ord. No. 1705, § 1, 5-23-77)

(Ord. No. 2460, § 4(Exh. A), 5-6-19)

Applicants for any permit issued under this Article shall agree to assume the defense of and indemnify and save harmless the City, its councilmen, boards, commissions, officers, employees and agents, from all suits, actions, damages or claims to which the 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.

(Ord. No. 1705, § 1, 5-23-77)

(Ord. No. 2460, § 4(Exh. A), 5-6-19)

A. Applicants for a block party permit shall pay a fee to cover the City's costs to provide the temporary street closure. The amount of the fee shall be established by resolution of the City Council.

B. Applicants for a special event permit shall pay a permit application fee and other additional fees to cover the City's costs to provide the temporary street closure. The amount of the permit application fee and other additional fees shall be established by resolution of the City Council.

C. Applicants for a special event permit shall procure and maintain in full force and effect during the term of the permit a policy of insurance which provides the coverage that the Finance Director determines to be necessary and adequate under the circumstances. The Finance Director may require the applicant to provide commercial general liability, property damage, automobile, and liquor liability insurance, as well as evidence of worker's compensation insurance, with endorsements as may be appropriate to protect any temporarily closed streets and the public using such area. Applicants shall furnish evidence of such insurance coverage at least ten (10) days prior to commencement of the event.

(Ord. No. 2460, § 4(Exh. A), 5-6-19)

Editor's note— Ord. No. 2460, § 4(Exh. A), adopted May 6, 2019, amended § 33A.7 in its entirety to read as herein set out. Former § 33A.7 pertained to personnel cost and derived from Ord. No. 1705, § 1, adopted May 23, 1977.

Prior to issuance of a permit under this Article, all applicable rules, regulations 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 or other merchandise, or the use of candles, torches, fires, or other combustibles.

(Ord. No. 1705, § 1, 5-23-77)

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 sound.

(Ord. No. 1705, § 1, 5-23-77)

A. A block party permit shall be issued by the Chief of Police if he/she finds that all of the following circumstances exist:

1. 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 Article;

2. The applicant has met the requirements of Section 33A.3(A), Section 33A.4 through Section 33A.6, Section 33A.7(A), and Section 33A.8 through Section 33A.9 of this Article, and paid in advance any fee required and agrees to such conditions as are imposed in the permit;

3. The time, duration and size of the temporary street closure will not substantially disrupt the orderly and safe movement of other traffic;

4. 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 to properly police the areas contiguous thereto, so as to prevent normal police protection to the City;

5. 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;

6. The temporary street closure will not interfere with the movement of fire-fighting equipment en route to a fire;

7. 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;

8. The applicant has provided reasonable means for informing all persons listed in Section 33A.3(A)(1) and all persons participating in a temporary street closure of the terms and conditions of such permit and the applicable laws thereto;

9. The temporary street closure will not conflict with or interfere with another temporary street closure for which a permit has been granted; and

10. A majority of owners, residents, or tenants of the properties fronting the street to be closed have given written consent to the temporary street closure.

B. A special event permit (excluding within the Courthouse Square Event Area) shall be issued by the Chief of Police if he/she finds that all of the following circumstances exist:

1. 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 Article;

2. The applicant has met the requirements of Section 33A.3(B), Section 33A.4 through Section 33A.6, Section 33A.7(B)—(C), and Section 33A.8 through Section 33A.9 of this Article, and paid in advance any fee required and agrees to such conditions as are imposed in the permit;

3. The time, duration and size of the temporary street closure will not substantially disrupt the orderly and safe movement of other traffic;

4. 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 to properly police the areas contiguous thereto, so as to prevent normal police protection to the City;

5. 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;

6. The temporary street closure will not interfere with the movement of fire-fighting equipment en route to a fire;

7. 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;

8. The applicant has provided reasonable means for informing all persons listed in Section 33A.3(B)(1) and all persons participating in a temporary street closure of the terms and conditions of such permit and the applicable laws thereto;

9. The temporary street closure will not conflict with or interfere with another temporary street closure for which a permit has been granted;

10. A majority of owners, residents, or tenants of the properties fronting any street(s) to be temporarily closed in a residentially zoned area have given written consent to the closure; and

11. One hundred percent (100%) of the operators of the businesses fronting any street(s) to be temporarily closed in a commercially zoned area have given written consent to the closure, unless the special event is charitable in nature and benefits a non-profit organization in which case the applicant is only required to obtain written consent from a majority of the operators.

C. A special event permit (within the Courthouse Square Event Area) shall be issued by the Chief of Police if he/she finds that all of the following circumstances exist:

1. 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 Article;

2. The applicant has met the requirements of Section 33A.3(B), Section 33A.4 through Section 33A.6, Section 33A.7(B)—(C), and Section 33A.8 through Section 33A.9 of this Article, and paid in advance any fee required and agrees to such conditions as are imposed in the permit;

3. The applicant has provided reasonable means for informing all persons listed in Section 33A.3(B)(1) and all persons participating in a temporary street closure of the terms and conditions of such permit and the applicable laws thereto;

4. The temporary street closure will not conflict with or interfere with another temporary street closure for which a permit has been granted; and

5. The applicant has provided notification of event details to all neighboring businesses, following an approved format from the Parks, Recreation and Community Services Department.

(Ord. No. 2460, § 4(Exh. A), 5-6-19)

Editor's note— Ord. No. 2460, § 4(Exh. A), adopted May 6, 2019, amended § 33A.10 in its entirety to read as herein set out. Former § 33A.10 pertained to standards for issuance and derived from Ord. No. 1705, § 1, adopted May 23, 1977.

Written notice of the issuance or denial of a permit issued under this Article 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 denial.

(Ord. No. 1705, § 1, 5-23-77)

(Ord. No. 2460, § 4(Exh. A), 5-6-19)

Any interested person may appeal the decision of the Chief of Police, on street closure applications 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. After holding a hearing, the City Manager may reverse, affirm or modify in any respect the determination of the Chief of Police.

(Ord. No. 1705, § 1, 5-23-77; Ord. No. 2374, § 30, 1-9-12)

The Chief of Police may waive the time limitation in Section 33A.4 for filing an application and the City Manager may waive the time limitation in Section 33A.12 for filing an appeal if it is found that unusual circumstances or good cause exists and no unreasonable burden upon the City or its citizens will be created thereby.

(Ord. No. 1705, § 1, 5-23-77)

Any permit for a temporary street closure issued pursuant to this Article may be revoked by the Chief of Police at any time when by reason of emergency, disaster, calamity, disorder, riot, traffic conditions, violation of this Article or of any permit conditions, or undue burden on public services, he/she determines that the health, safety, tranquility, morals or welfare of the public or 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 contact or service, or by telephone. Continuance of a temporary street closure after such notice has been delivered is unlawful.

(Ord. No. 1705, § 1, 5-23-77; Ord. No. 2460, § 4(Exh. A), 5-6-19)