Chapter 10.25
TEMPORARY CLOSURE OF CITY STREETS AND WAYS FOR SPECIAL EVENTS
Sections:
10.25.020 Authority and administration.
10.25.040 Street closure permit application requirements.
10.25.050 Application process and approval criteria.
10.25.060 Permit fees and deposits.
10.25.070 Indemnification and insurance requirements.
10.25.100 Appeal to city council.
10.25.005 Purpose.
These regulations are designed to allow for the orderly and safe closure of streets and other public ways under the city’s jurisdiction, minimize potential adverse impacts on transportation-dependent activities and ensure appropriate access is maintained for the needs of public works, public safety and emergency vehicle response. (Ord. 6-2008 § 1)
10.25.010 Definitions.
Unless the context requires otherwise, the following mean as provided herein:
A. “Adverse impacts” includes impacts to city residents, real property, traffic management and flow and the environment resulting from an event or seasonal event.
B. “Applicant” means the person who has filed a written application for a permit on behalf of themselves, an organization or group.
C. “City manager” means the Fairview city manager or designee. Designee implies on-duty police officers who may revoke the permit based on observations at the time of the event. In this case, the police officer will confer with his/her immediate supervisor prior to revoking the permit.
D. “City” means the city of Fairview, Oregon.
E. Event. See “Temporary event” or “Seasonal event.”
F. “Permit” is an actual form signed by the appropriate parties showing approval of the event as defined in the street closure permit application.
G. “Permittee” means the person granted a permit pursuant to this chapter.
H. “Person” means an individual, firm, partnership, corporation, association, or other entity.
I. “Plan” is a drawing detailing the closure and must include (at a minimum) streets to be closed, alternative streets to be used by vehicles and pedestrians to allow unrestricted access, fire hydrant locations, impacted residents along with addresses, visitor parking plan, and any other information relevant to the street closure request.
J. “Reimbursable costs” means those costs and expenses incurred by the city associated with the granting of a permit including, without limitation, the following:
1. Utility services provided for the event or seasonal event including all costs of installation, maintenance, connection, and removal;
2. Repair, maintenance and removal of facilities in the event of a failure of the applicant to comply with the promoter;
3. Repair of streets, alleys, sidewalks, parks, and other public property resulting from the event;
4. Garbage cleanup and disposal resulting from the fault of permittee to clean up the area after the event;
5. Other direct and indirect costs associated with issuance of the street closure permit.
K. “Seasonal event” is a periodic event occurring on an ongoing seasonal basis such as farmers’ markets, holiday craft fairs, and the like.
L. “Temporary event” is an event lasting for a limited time of not more than 12 hours in any one day nor exceeding seven consecutive days and not occurring more than two times within any 365-day period.
M. “Street closure” means the permitted traffic and/or parking restriction on an affected street, way, alley, or other public way.
N. “Street closure permit” or “permit” means written approval entitling permittee to a street closure. (Ord. 8-2021 § 1; Ord. 6-2008 § 1)
10.25.020 Authority and administration.
A. The city manager is authorized to review applications for street closures and approve, approve with conditions or deny applications consistent with this chapter.
B. The city manager may adopt and utilize procedures and forms necessary to implement this chapter.
C. All other permits or orders required by law for activities conducted in conjunction with or as part of an event must be applied for and obtained separately from any street closure permit. (Ord. 8-2021 § 1; Ord. 6-2008 § 1)
10.25.030 Exemptions.
This chapter does not apply to any street closure initiated by the city or a public utility in order to repair public or public utility infrastructure, construct public or public utility infrastructure or limit access as a result of an event or situation necessitating the presence of public safety or emergency personnel and/or vehicles. (Ord. 6-2008 § 1)
10.25.040 Street closure permit application requirements.
A. Applicants wishing to temporarily close or otherwise limit access to a street, road, pathway or the like within the city for an event shall apply for and obtain a permit. An applicant shall file with the city manager an application on a form approved by the city manager and submitted not less than 45 days prior to the date of the requested closure. Failure to meet the 45-day limitation is sufficient to deny issuance of the permit and is not appealable to the city council.
B. Applications submitted more than 45 days prior to the date of the requested closure are eligible for appeal rights described in FMC 10.25.100. (Ord. 8-2021 § 1; Ord. 6-2008 § 1)
10.25.050 Application process and approval criteria.
A. Upon receipt of a completed application, the city manager may forward a copy thereof to the fire marshal, police, community development and public works departments for their review and comment. Those departments shall, within five working days, complete said review and thereupon offer recommendations as to the application’s approval, approval with conditions, or denial. The city manager may, in addition, seek comment from neighbors of the proposed event and require submission of additional information by applicant as the city manager deems necessary.
B. The city manager may approve, approve with conditions or deny the street closure application consistent with the standards set out in subsection (C) of this section.
C. The following criteria must be met by applicant prior to a permit being issued:
1. All temporary structures and other artifices erected for the event shall be removed at the end of the event, leaving the site in the same general condition as it was prior to the placement of the structure(s) or artifice. All structures or artifices shall meet applicable Oregon Building and Fire Code regulations. No obstruction shall be erected or maintained within a 15-foot radius of any fire hydrant within the area of the event.
2. Provision for adequate vehicle and pedestrian access and circulation shall be shown on a plan which shall then be reviewed and approved by the city. The plan will show how the access requirements of the Americans with Disabilities Act (ADA) are to be met.
3. Street closures where the processing and/or sale of goods, services and other commodities take place shall be conducted and maintain business hours not disruptive to use of adjacent or nearby residential properties. “Block parties” and/or similar social gatherings are not to be commenced prior to 7:00 a.m. nor after 10:00 p.m., excepting July 4th where said gatherings must end by 11:00 p.m.
4. If applicable, a temporary use permit application is submitted and approved in accordance with Chapter 19.490 FMC.
5. If an applicant wishes to restrict parking on public streets and ways during a special event, a no parking/barricade application must be submitted as part of the street closure application and must be approved by the city manager. The no parking/barricade requirements will be enforced in accordance with this chapter and FMC 10.05.155. No parking/barricade permits are available only in conjunction with a street closure permit. (Ord. 8-2021 § 1; Ord. 3-2013 § 1 (Exh. A); Ord. 6-2008 § 1)
10.25.060 Permit fees and deposits.
Fees shall be set by resolution of the city council and the city manager may, in addition, require payment of deposits prior to the issuance of any permit. (Ord. 8-2021 § 1; Ord. 6-2008 § 1)
10.25.070 Indemnification and insurance requirements.
An applicant shall, prior to the receipt of a permit, execute an agreement in a form approved of by the city manager and city attorney to indemnify, defend and hold harmless the city against all claims of injury or damage to persons or property, whether public or private, arising as a result of a temporary event. In addition, an applicant shall produce evidence of general liability and property damage insurance for the event in an amount of not less than $1,000,000 covering the event’s sponsor and naming the city, and the city’s officers, agents and employees as additional insured. The insurance is to cover any and all claims, demands, actions and suits for damage to property or personal injury, including death, arising from the event or street closure. A certificate of insurance evidencing these requirements including an endorsement naming the city, the city’s officers, agents and employees as an additional insured must be presented to the city along with the permit application. Failure to provide evidence of insurance may result in delay or denial of an application. This requirement may be reduced or waived by the city manager after consultation with the city attorney. (Ord. 8-2021 § 1; Ord. 6-2008 § 1)
10.25.080 Permit denial.
The city manager may deny a street closure permit if:
A. A permit has been granted for another event at or near the same place and at or near the same time;
B. The event will occupy road(s) not under the sole jurisdiction of the city or will violate local, state or federal law;
C. A street closure may disrupt the orderly flow of vehicular and other traffic and no reasonable alternative means of addressing the disruption is, in the opinion of the city manager, available;
D. Applicant fails to provide assurances satisfactory to the city manager that they will be able to provide for protection of participants, maintenance of public order, crowd security and/or emergency vehicle access;
E. Applicant makes a false statement of material facts on an application;
F. Applicant fails to provide proof that they have obtained all applicable license(s) or permit(s) required for conduct of the event or activities associated therewith;
G. Applicant has had a street closure permit revoked within the preceding 18 months or has failed to pay outstanding reimbursable costs to the city for prior event(s);
H. Applicant is unable to obtain indemnification and insurance consistent with FMC 10.25.070. (Ord. 8-2021 § 1; Ord. 6-2008 § 1)
10.25.090 Permit revocation.
The city manager may revoke a permit if:
A. The applicant fails to comply with the terms of any condition(s) imposed on the permit including any applicable no parking/barricade requirements, the street closure is in violation of any provision of the Fairview Municipal Code, creates a hazardous condition, or any other applicable law;
B. The permit holder made a false statement of material fact on an application;
C. An unforeseen circumstance occurs prior to or during the event that diminishes the safety and security of the proposed event. This could include, but is not limited to, inclement weather such as a snowstorm, flood, or windstorm, natural hazard, or a fire, public safety, public works or other event. (Ord. 8-2021 § 1; Ord. 3-2013 § 1 (Exh. A); Ord. 6-2008 § 1)
10.25.100 Appeal to city council.
Except as provided in FMC 10.25.040(A), a decision of the city manager made concerning the application, denial or revocation of a street closure permit may be appealed to the city council. An applicant may appeal by filing with the city recorder a written statement of appeal within five working days of the date of the decision or action being appealed. The city recorder shall schedule a hearing before the city council no later than the second regular session following the filing and shall notify the applicant of the date and time for the hearing. The council may take such action(s) as it deems appropriate concerning the appeal, consistent with the limitations imposed by this chapter for issuance of street closure permits. (Ord. 8-2021 § 1; Ord. 6-2008 § 1)