Vallejo Municipal Code Ch. 8.54 Temporary Closure of Portions of Streets

In accordance with the provisions of this chapter, a portion of a street located in a residential zoning district, as defined in Section 16.04.390 of this code, may be temporarily closed for a celebration, block party, local special event, or any other lawful purpose when, in the opinion of the director of public works or his/her designee, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing, and when a majority of owners, residents, or tenants living in properties fronting upon such closed portion of a street consent to such closure, and when the event causing the closure is sponsored solely by such owners, residents, or tenants.

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)

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 a permit has first been obtained from the director of public works or his/her designee. It shall be unlawful for any person to violate any of the terms of a permit issued for such temporary street closure, or to interfere with the progress or orderly conduct of a temporary street closure.

(Ord. 1019 N.C. (2d) § 1 (part), 1989.)

An application for a permit for temporary street closure shall be made upon a form provided by the city and shall contain all of the following information:

A. 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 chairperson thereof, and all persons:

1. Having an interest or position of management or control in such organization, and

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 area or block 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 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 involved;

J. Documentation showing the written approval of a majority of the owners, residents or tenants living in properties fronting upon the area of the street proposed to be closed;

K. The name, address and phone number of the block captain designated pursuant to Section 8.54.050 G; and

L. Such other information as the director of public works or his/her designee deems reasonably necessary in order to carry out the provisions of this chapter.

(Ord. 1019 N.C. (2d) § 1 (part), 1989.)

An application for a permit shall be filed in the department of public works at least twenty-eight days before the starting date of the street closure. The director of public works or his/her designee, where good cause is shown therefor, shall have the authority to consider any late application hereunder which is filed at least ten days before the date such street closure is proposed to commence.

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)

The director of public works or his/her designee, after consulting, in writing, with the chief of police and fire chief, shall issue a permit when, from a consideration of the application and from such other information as may otherwise be obtained, he/she finds that:

A. The conduct of the temporary street closure will not substantially interrupt the safe and orderly movement of other traffic contiguous to the area of the temporary street closure;

B. The conduct of the temporary street closure will not require the diversion of so great a number of police officers of the city to properly police the area of the temporary street closure and the areas contiguous thereto as to prevent normal police protection to the city;

C. The conduct of such temporary street closure will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the temporary street closure and areas contiguous thereto;

D. The concentration of persons, animals and vehicles at the area occupied by the temporary street closure will not unduly interfere with proper fire and police protection of, or ambulance service to areas contiguous to such areas;

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

F. The conduct of the temporary street closure is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;

G. A block captain has been designated whose responsibility shall be to clear a path in the area of the closure for the purpose of permitting emergency response by fire, police, and ambulance units within the affected area;

H. The temporary street closure is not to be held for the sole purpose of advertising any product, or goods, and is not designed to be held solely for private profit; and

I. The temporary street closure is consented to by a majority of the owners, residents, or tenants living in properties fronting upon the area of the street proposed to be closed.

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)

The director of public works or his/her designee shall act upon the application for a permit within fourteen days after the filing thereof, except for a late application which shall be acted upon within seven days after the filing thereof. If the application is rejected, the director of public works or his/her designee shall immediately mail to the applicant a notice of rejection, stating the reasons for denial.

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)

Any permit issued under this chapter shall 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, numbers or participants, or sound.

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)

Each permit issued shall state the following information:

A. Starting and ending dates and times;

B. The portion of the street that will be occupied by the temporary street closure;

C. Any conditions as specified in Section 8.54.070 of this chapter; and

D. Such other information as the director of public works or his/her designee finds necessary or advisable.

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)

Applicants shall provide and remove, in accordance with standards of the city, such barricades and warning devices as are necessary under the direction of the director of public works or his/her designee. Under the direction of the director of public works or his/her 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.

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)

Applicants shall agree to assume the defense of and indemnify and save harmless the city, its councilmembers, boards, commissions, officers, employees and agents, for all suits, actions, damages or claims to which the city may be subject 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. 1019 N.C.(2d) § 1 (part), 1989.)

Applicants shall pay 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 tempos street closure.

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)

Prior to issuance of a permit under this chapter, all applicable laws, ordinances, rules, and regulations 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 open flame devices governed by the fire code (Vallejo Municipal Code, Chapter 12.28).

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)

Any permit for a temporary street closure issued pursuant to this chapter may be revoked by the chief of police or fire chief, or their designees, at any time when by reason of emergency, disaster, calamity, disorder, riot, traffic conditions, violations of this chapter 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 a 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.

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)

A. Upon the denial of a permit by the director of public works or his/her designee, the applicant may appeal by filing the application within seventy-two hours or two city working days, whichever is longer; with the city manager or his/her designee, who shall set the appeal for hearing within forty-eight hours. After holding a hearing, the city manager or his/her designee may reverse, affirm or modify in any respect the determination of the director of public works.

B. Immediately upon the granting of a permit by the director of public works or his/her designee, the applicant shall cause written notice indicating the date, time period and location of the temporary street closure, along with the appeals procedure specified in subsections A and D of this section, to be posted in the area of the proposed street closure.

C. Upon posting the notice the applicant shall immediately file with the director of public works or his/her designee, a written proof of posting of the above-mentioned written notice. The director of public works or his/her designee will make forms available to the applicant for the notice and proof of posting which the applicant shall use.

D. Any owner, resident or tenant living in a property fronting upon the area of the street proposed to be closed may appeal the granting of a permit by following the same procedure as set forth in subsection A of this section. The time in which to file an appeal shall begin to run from the time of posting of the notice as indicated on the proof of posting form.

(Ord. 1019 N.C.(2d) § 1 (part), 1989.)