Chapter 8 - Public Ways
Division 4 - Closure Permit

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SEC. 8.4-1 PERMIT REQUIRED. No person shall organize, produce, direct, conduct, manage, institute, carry-on, promote, advertise, encourage, or participate in any activity which causes an obstruction or interference with the customary uses of a public way without first securing a Specific Events Permit from the Chief of Police or a Closure Permit from the Public Works Director. This Division shall not apply to temporary blockage of streets for which Town approval is required pursuant to Division 5 of this Chapter.

SEC. 8.4-2 DEFINITIONS. As used in this Division, the following terms have the following definitions:

1. Specific Events Permit shall mean the procedures, terms, and conditions for issuance, use, suspension, or revocation of a Special Event Permit as provided in Division 10 of Chapter 23 of this Code.
    
2. Closure Permit shall mean the procedures, terms, and conditions for issuance, use, suspension, or revocation of a Closure Permit as provided by this Division.
    
3. Obstruction or Interference shall mean any activity which blocks, hinders, or disrupts the customary flow of motorized vehicular traffic on public streets, or the customary flow of pedestrian traffic on sidewalks.

SEC. 8.4-3 CLOSURE PERMIT. An application for a Closure Permit shall be filed with the Public Works Director not less than three (3) working days before the date proposed for closing or obstructing a public way. Such application shall be signed by the applicant or by an authorized representative of the group seeking the permit on forms provided by the Town and shall contain the following:

1. The name, address, and telephone number of the person seeking to close or obstruct the public way.
    
2. If the closure or obstruction is proposed to be conducted for or on behalf of or by an organization, the name, address, and telephone number of the headquarters of the organization.
    
3. The name, address, and telephone number of the person who will be the chairperson or local contact person for the proposed activity.
    
4. The date when the activity is to be conducted.
    
5. Whether or not the proposed activity is for profit.
    
6. The approximate number of persons and vehicles, if any, attending the activity.
    
7. The date and hours when the activity will start and terminate.
    
8. A statement as to whether the activity will occupy all or only a portion of a public way.
    
9. The location of public ways for the activity.
    
10. The time which participants of the activity will begin to assemble.
     
11. Whether or not any barricades are requested.
     
12. Whether or not any police assistance is requested.
     
13. Whether or not amplified sound will be used.
     
14. A brief description of the activity.
     
15. If a street is closed, whether or not all persons abutting said street have been notified of the activity.
     
16. Whether or not a fee will be charged for the activity.
     
17. Whether or not alcoholic liquor will be available at the activity. If so, a general statement detailing control and use of alcoholic liquor.

SEC. 8.4-4 CONDITIONS PRECEDING. The Public Works Director shall require from the applicant an agreement to compensate the Town for loss or damage to public property and the deposit of a surety or cash bond in the amount of one hundred dollars ($100.00) to guarantee the clean up of the site and the removal of any debris left as a result of the holding of the activity. The applicant shall also indemnify and hold the Town harmless on account of any and all claims, suits, losses, damages, costs, attorney fees and expenses which the Town may in any manner suffer, incur, be put to, pay, or lay out by reason of issuance of a permit pursuant to this Division or by reason of activities conducted by the applicant or persons attending the activities conducted by the applicant or by other third parties injured as a result of activities conducted by the applicant or persons attending the activity.

SEC. 8.4-5 ISSUANCE OR DENIAL OF A PERMIT.

1. The Public Works Director shall issue or deny the permit within two (2) working days after receiving an application.
    
2. The Public Works Director shall issue a permit, provided:
   
1. The application is on the form provided and contains the required information.
    
2. The application for a permit does not contain any false, misleading, or fraudulent statement of material fact.
    
3. The applicant has met the requirements of SEC. 8.4-4.
    
4. The proposed activity is not contrary to law.
    
5. The proposed activity will not unreasonably interfere with the preservation of the public peace, health, safety, or welfare.
    
6. The applicant agrees to abide by and comply with all conditions and regulations attendant upon issuance of the permit.
    
7. All necessary state highway closure requirements have been met.
    
3. The Public Works Director may impose reasonable terms and regulations concerning the time and place of the activity, the maximum number of persons or units participating therein, the regulation of traffic, the number and type of signs and barricades to be provided by the applicant, and such other requirements as the Public Works Director may find reasonable and necessary for the protection of persons and property.

SEC. 8.4-6 HIGHWAY CLOSURE REQUESTS. Permits to local authorities to temporarily close portions of state highways for such public purposes or needs as provided herein are governed by Section 4-408 of the Illinois Highway Code. Requests to the Illinois Department of Transportation, 700 East Norris Drive, Ottawa, Illinois 6l350, must be filed not less than fifteen (15) days in advance of the date for which the closure is requested. The request shall be in resolution form, signed by the Mayor and certified by the Town Clerk as an official act of the city government.

SEC. 8.4-7 PREFERENCE IN APPLICATIONS. If the Public Works Director shall receive more than one (1) application for activities necessitating a Closure Permit, which activities are proposed for the same time and place, the application filed first in time shall take precedence. An application shall be considered to be "at the same time" if the proposed activity is scheduled to commence within two (2) hours before or after the holding of another activity requiring a Closure Permit. An application shall be considered to be "at the same place" if the proposed activity is within six (6) blocks or any equivalent distance from another activity requiring a Closure Permit.

SEC. 8.4-8 ISSUANCE OF MULTIPLE PERMITS. The Public Works Director may issue permits for more than a single activity requiring a Closure Permit on any one (1) date in accordance with the requirements of SEC. 8.4-5 and 8.4-7 of this Division, provided however, that the Public Works Director may not issue multiple permits beyond the point at which the issuance of such additional permits would require the continuing diversion of so great a number of police officers or other municipal personnel so as to prevent normal police protection or delivery of other services to the municipality.

SEC. 8.4-9 RECONSIDERATION. If a permit has been denied by the Public Works Director, the applicant may request reconsideration of such application and submit to the Public Works Director for his review any additional evidence relevant to said application. The Public Works Director shall make a final determination within twelve (12) hours following receipt of any request for reconsideration.

SEC. 8.4-10 CONTENTS OF PERMIT. A Closure Permit shall contain the following:

1. The name of the person or organization to whom issued.
    
2. The address and telephone number of the person or organization named on the permit.
    
3. The type of activity for which the permit has been issued.
    
4. The date, hour, and location for the proposed activity.
    
5. The expiration date of the event.
    
6. Any conditions imposed on the holding of the proposed activity.

SEC. 8.4-11 SUSPENSION OR REVOCATION. A Closure Permit may be summarily suspended or revoked by the Public Works Director on the following grounds:

1. If the Public Works Director has reasonable cause to believe that any of the grounds exist for which the original application for a permit would have been denied.
    
2. If the Public Works Director has reasonable cause to believe that the health, safety, and welfare of persons or property would be endangered because of real or threatened disaster, public calamity, riot, or other emergency.
    
3. If the Public Works Director has reason to believe that the conditions imposed upon issuance of the permit have not or are not being met.

SEC. 8.4-12 APPEAL. Decisions of the Public Works Director on applications for reconsideration may be appealed to the City Manager.

SEC. 8.4-13 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Division is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Division, provided said remaining portions can be given effect without the invalid provision or provisions.
(Entire Division 4 Amended 7/20/98 by Ord. No. 4540)