Sutter County Municipal Code Ch. 1150 Temporary Street Closings

Pursuant to the authority of Vehicle code § 21101, the provisions of this article shall apply to and control the closing of any street within the unincorporated territory of Sutter County for the purpose of holding a celebration, block party, street dance, local special event, or other purposes when in the opinion of local authorities such closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.

No person shall close any portion of a public street or alley to vehicular to pedestrian traffic for the purpose of conducting a celebration, block party, street dance, local special event, or for other purposes, without first obtaining a permit from the Development Services Department as provided in this Chapter. This section shall not apply to those governmental agencies which are otherwise authorized to close streets. No person shall violate any of the terms of a permit for temporary street closure, nor in any manner interfere with the program or orderly conduct of a temporary street closure.

([1014] Ord. 1585, Sec. 3, May 28, 2013)

An application for a permit for temporary street closure shall be made upon a form provided by the Development Services Department and shall contain 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(s) of such temporary street closure;

(3) The block(s) or intersection(s) at which such closure is requested;

(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 Development Services Department deems reasonably necessary in order to carry out the duties under this article.

([1014] Ord. 1585, Sec. 3, May 28, 2013)

The application shall be filed not less than 20 days prior to the scheduled date of such temporary closing.

The Development Services Department shall act on an application within seven days of its receipt.

([1014] Ord. 1585, Sec. 3, May 28, 2013)

The issuance of a permit by the Development Services Department Director shall be a determination by the Development Services Department Director that the temporary street closing is necessary for the safety and protection of persons who are to use that portion of the street during such temporary closing. A permit may be denied or revoked by the Development Services Department Director, when, from a consideration of the application or from such other information as may otherwise be obtained, the Development Services Department Director finds that one or more of the following circumstances exist:

(1) The applicant has knowingly and with intent to deceive made any false, misleading or fraudulent statements of a material fact in the application for a permit or in any other document required pursuant to this article;

(2) The applicant has failed to pay in advance any fee required, or refuses to agree to such conditions as are imposed in the permit;

(3) The time, duration, size and location of the temporary street closure will substantially disrupt the orderly and safe movement of other traffic;

(4) The temporary street closure is of a size or nature that will require the diversion of so great a number of law enforcement officers of the County to properly police the closed or contiguous areas, that it will adversely effect normal police protection to the remainder of the unincorporated territory of the County;

(5) The concentration of persons will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such street closure;

(6) The temporary street closure may unduly interfere with the movement of emergency police and fire equipment;

(7) The temporary street closure will unduly interfere with the orderly operation of parks, hospitals, churches, schools or other public and quasi-public institutions in the unincorporated territory of the County; or

(8) The temporary street closure will conflict with or interfere with another temporary street closure for which a permit has been granted.

([1014] Ord. 1585, Sec. 2, May 28, 2013)

The Development Services Department Director may issue the permit subject to such conditions as he or she deems appropriate under the circumstances.

([1014] Ord. 1585, Sec. 2, May 28, 2013)

Written notice of the issuance or denial of a permit shall be provided by the Development Services Department Director to the applicant within seven days of receipt of an application, or as soon as practicable if the request for the permit is accepted by the Development Services Department Director less than 20 days in advance of the proposed date of the temporary street closure pursuant to Section 1150-090. If a permit is denied, said written notice shall state the reasons for denial.

([1014] Ord. 1585, Sec. 2, May 28, 2013)

Upon the denial or revocation of a permit by the Development Services Department Director, the applicant may appeal to the Board of Supervisors by filing the application within 72 hours or two county working days, whichever is longer, with the County Clerk, who shall set the appeal for hearing at the next regular meeting of the Board of Supervisors. After holding a hearing, the Board of Supervisors may reverse, affirm or modify in any respect the determination of the Development Services Department Director.

([1014] Ord. 1585, Sec. 2, May 28, 2013)

The Development Services Department Director may waive the time limitation for filing an application for a permit and the Board of Supervisors may waive the time limitation for filing an appeal if it is found that unusual circumstances or good cause exists and no unreasonable burden upon the County or its citizens will be created thereby.

([1014] Ord. 1585, Sec. 2, May 28, 2013)

Immediately upon granting or revoking a permit, the Development Services Department or Board of Supervisors shall send a copy of such permit (including any conditions or restrictions) or revocation to the Sheriff and the Fire Chief.

([1014] Ord. 1585, Sec. 3, May 28, 2013)

Permit recipients shall provide and remove such barricades and warning devices as are deemed necessary by and are acceptable to the Development Services Department. such persons shall also provide for the collection and removal of all trash, garbage, and litter caused by or arising out of such temporary street closure.

([1014] Ord. 1585, Sec. 3, May 28, 2013)

Applicants shall agree to assume the defense of and indemnify and save harmless the County of Sutter, the Board of Supervisors, the Development Services Department Director, and all other county officers, employees and agents, from all suits, actions, damages or claims to which the County 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. The Development Services Department Director may require, as a condition to issuance of a permit, that the applicant obtain insurance to serve this end, in such an amount and with such terms as the Development Services Department Director determines to be appropriate under the circumstances.

([1014] Ord. 1585, Sec. 2, May 28, 2013)

The applicant(s) shall assume and reimburse the County of Sutter for any and all costs and expenses determined by the Development Services Department Director to be unusual or extraordinary, and related to the closing of the street for which the permit is sought, including but not limited to:

(1) The cost of providing, erecting and moving barricades and/or signs;

(2) The cost of providing and moving garbage or waste receptacles; or

(3) The cost of County personnel who are required by the County to work overtime hours or other than a regular shift, or to perform duties as a result of such temporary street closure.

The Development Services Department Director may require, as a condition to issuance of a permit, that a sum be deposited with the County to meet such costs. The required deposit shall not exceed five hundred dollars ($500.00).

([1014] Ord. 1585, Sec. 2, May 28, 2013)

Notwithstanding the provisions of this article, the Development Services Department or Board of Supervisors may, on their own initiative, order the temporary closure of a street for the purposes and reasons stated in vehicle Code § 21101(e).

([1014] Ord. 1585, Sec. 3, May 28, 2013)

The provisions of Sutter County Ordinance Code Chapter 420 relating to parades shall continue in full force and effect and shall not be governed or modified by the provisions of this Chapter.

(Ord. 1014; Sec. 1; Sept. 8, 1987)