Ordinance #15
Streets & Alleys
Streets, Alleys, Sidewalks and Gutters - Madison

10.056 STREET USE PERMIT.

(1) Purpose. The streets in possession of the City are primarily for the use of the public in the ordinary way. However, under proper and uniform circumstances the Common Council may allow special street use, subject to reasonable municipal regulation and control. Therefore, this ordinance is enacted to regulate and control the use of streets pursuant to a Street Use Permit to the end that the health, safety and general welfare of the public and the good order of the City can be protected and maintained.

(2) Definitions.

(a) City means the City of Madison.

(b) Person means any person, firm, partnership, association, corporation, company or organization of any kind.

(c) Street means any public way, street, highway, sidewalk, terrace, alley, or public square.

(3) Street Use Events Staff Team.

(a) The Street Use Events Staff Team shall consist of representatives of the city departments of Transportation, Police, Fire, and Metro; the Division of Parks and Streets; the Capitol Protective Service as necessary; the Mall Coordinator; and the Risk Manager.

(b) The Street Use Events Staff Team may require the person or representative of the group making application for a Street Use Permit to be present when the Street Use Events Staff Team meets regarding the application for the Permit, to provide any additional information which is reasonably necessary to make a fair determination as to whether a permit shall be granted.

(4) Application.

(a) A written application for a Street Use Permit by persons or groups desiring the same shall be made on a form provided by the City Clerk and shall be filed with the City Clerk. The application shall set forth the following information regarding the proposed street use:

1. The name, address and telephone number of the applicant or applicants.

2. If the proposed street use is to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorizing responsible heads of such organization.

3. The name, address and telephone number of the person or persons who will be responsible for conducting the proposed use of the street.

4. The date and duration of time for which the requested use of the street is proposed to occur.

5. An accurate description of that portion of the street proposed to be used.

6. The number of persons for whom use of the proposed street area is requested.

7. The proposed use, described in detail, including a description of activities planned during the street use such as vending, music, selling of alcohol beverages, for which the Street Use Permit is requested.

8. A description of any recording or sound amplification equipment to be used in connection with the street use.

9. A designation of any public facilities or equipment to be utilized.

10. Any additional information that the Street Use Events Staff Team finds reasonably necessary to a fair determination as to whether a permit should be issued including but not limited to a crowd control plan.

(b) Deadline for Applications.

1. Applications to close three (3) or more blocks or to close a street or streets which will require detours of bus routes or substantial other traffic must be submitted not less than thirty (30) days prior to the date of the proposed event. Applications to close less than three(3) blocks which does not require the rerouting of bus routes or substantial traffic shall be submitted not less than fourteen (14) days prior to the proposed event. The deadline for filing may be waived if after due consideration of the date, time, place, nature of public assembly, anticipated number of participants, City services required, the Chief of Police or designee determines there will be sufficient time to objectively review the application, provide for a safe and successful event, and ensure the comfort, convenience and safety of the general populace.

(c) Petition Required. If the application is for the use of a non Mall/Concourse street, the application shall be accompanied by a petition designating the proposed area of the street to be used, the time of the proposed use, and the petition shall be signed by not less than seventy-five percent (75%) of the residents over eighteen (18) years of age residing along that portion of the street designated for the proposed use. The petition form shall be available from the City Clerk and shall be verified.

(5) Application Process.

(a) Upon receipt of a completed Street Use Permit application, a petition, if required, and any accompanying materials, the City Clerk shall immediately forward copies of the application to the Street Use Events Staff Team.

(b) Permits for State Street/Capitol Concourse.

1. Except for exclusive use, regulated under Sec. 9.13(6)(j) of the Madison General Ordinances, and as provided in Subdivision (c) below, if the application is for the State Street Mall/Capitol Concourse as defined in Section 9.13(6) the Team shall evaluate the application and materials using the standards found elsewhere in this ordinance and the Events Criteria and Street Use Policy adopted by the Common Council. The Team shall recommend either approval with conditions as appropriate or denial of the application. The City Clerk shall issue the permit, including any special provisions or conditions.

2. In the event exclusive use under Sec. 9.13(6)(j), Madison General Ordinances, is requested, the application and recommendation shall also be forwarded to the State Street Mall/Capitol Concourse Operating Committee. The State Street Mall/C Capitol Concourse Operating Committee shall make its recommendation in writing to the Parks Commission. Using the same standards, the Parks Commission shall either approve or deny the application at its next regular meeting. If the application is approved by the Parks Commission, the application and materials shall be forwarded to the Common Council for public hearing and review as provided in Sec. 9.13(6)(i) of the Madison General Ordinances. If a street use permit is approved with exclusive use, the City Clerk shall issue the permit including any special provisions or conditions.

(c) City-Wide or Lower State Street Permits. If the application is for a permit for streets which are not part of the State Street Mall/Capitol Concourse or for a special event which will occur solely in the 700 or 800 block of State Street, the Team shall evaluate the application using the standards found elsewhere in this ordinance and the Events Criteria and Street Use Policy adopted by the Common Council. Based upon the evaluation of the Team, the City Clerk shall either approve or deny the application in writing and, if approved, issue a permit to the applicant including any special conditions, provisions or requirements imposed by the Team.

(d) Exclusive Vending Rights. If the applicant requests exclusive vending rights and/or the suspension of certain or all vending licenses, the applicant shall follow the procedure set forth in this ordinance and the procedure set forth in Sec. g.l3(6)(i) of the Madison General Ordinances.

(e) Alcohol Beverage Permit. If the applicant requests permission to sell beer on a public street, the applicant shall follow the procedure set forth in Sec. 38.0519)(e) of the Madison General Ordinances.

(f) Sound Amplification. If the applicant requests use of sound amplification equipment, the applicant shall follow the procedure set forth in this ordinance and the procedure set forth in Sec. 24.04(3) of the Madison General Ordinances.

(g) Time Limit for Decision. The approval or denial of a completed application shall be made within fourteen (14) days of receipt of all materials and no later than five (5) days before the event to allow a timely appeal as provided elsewhere in this section.

(h) The City Clerk, the Street Use Events Staff Team and the Parks Commission shall regularly and in advance of the event scheduled report to the Common Council on all street use applications granted and denied.

(6) Standards for Issuance. Except to the extent they are inconsistent with the provisions of any other section of the Madison General Ordinances, the standards established within this subsection and by the Common Council's Policy on Street Use Permits adopted by the Common Council on January 5, 1982, and February 16, 1982, and as amended from time to time, shall govern the issuance of street use permits. A Street Use Permit shall be issued to an applicant unless:

(a) The time and size of the event would substantially interrupt the safe and orderly movement of pedestrian and vehicular traffic in the vicinity of the event's location; or

(b) The concentration of persons at the event would unduly interfere with proper fire and police protection of, or other emergency service to or through, the event or to areas adjacent to the event's location; or

(c) The estimated number of participants or the size or type of event equipment is not sufficient to close a street and there is an alternative channel of communication available; or

(d) Another street use permit has already been granted for substantially the same time and location; or

(e) The size or time of the event would require so great a diversion of City police as to prevent normal police protection of the City or to prevent adequate police protection at another previously scheduled City-wide event; or

(f) The event is reasonably likely to cause injury to persons or property and there is inadequate planning for crowd control of participants; or

(g) Adequate sanitation or other necessary Health facilities will not be available at the event; or

(h) There is an insufficient number of parking places within a reasonable distance to

accommodate the number of vehicles expected; or

(I) The time, size or nature of the event is incompatible with the normal activity at that location so as to impermissibly intrude on the comfort and convenience of the residents; or

(j) The proposed use or event will have a significantly adverse environmental impact; or

(k) The event is strictly for commercial or financial gain.

(7) Fees.

(a) A nonrefundable fee of $50 to cover the administrative costs of processing the street use permit application shall be submitted at the time the permit application is filed.

(b) If the permitted use will require the use of any City equipment or any City services, the applicant shall pay prior to the issuance of the permit, the charges for use of that equipment and those services in accordance with a schedule of rental fees approved by the Common Council by resolution.

(c) As a condition to approval of an application, the applicant shall agree to pay, within 20 days of billing, any additional actual costs, such as additional barricades or trash barrels, incurred by the City by the occasion of the event and its participants for City services and use of City-owned equipment.

(8) Insurance. The applicant for a street use permit on the Mall/Concourse shall agree to indemnify, defend, and hold the City and its employees and agents harmless against all claims, liability, loss, damage, or expense incurred by the City on account of any injury to or death of any person or any damage to property caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform the conditions of the permit, the applicant shall furnish a Certificate of Comprehensive General Liability insurance on a form provided by the City with the City of Madison, its employees and agents as additional insured. The insurance shall include coverage for contractual liability with minimum limits of five hundred thousand dollars ($500,000) combined single limits per occurrence. The certificate of insurance shall provide a thirty (30) days' written notice to the City upon cancellation, nonrenewal, or material change in the policy.

(9) Appeal Procedure.

(a) Any applicant shall have the right to appeal the denial of a Street Use Permit to the Common Council. The appeal and the basis of appeal shall be filed in writing with the City Clerk within five (5) days upon receipt of the denial of a Street Use Permit. The Common Council shall act upon the appeal at the next scheduled meeting following receipt of the notice of appeal. The Common Council may modify or reverse the decision.

(b) In the event the Common Council affirms the decision to deny the Street Use Permit, the applicant may file an immediate request for review in Circuit Court.

(10) Severability. Each provision or requirement of any portion of this subsection shall be considered separable, and the invalidity of any portion of this subsection by a court of competent jurisdiction shall not affect the validity or enforceability of any other portion.

(11) Termination of a Street Use Permit. A Street Use Permit for an event in progress may be terminated by the Chief of Police or designee if the participants engage in violent or destructive behavior or if there is a major violation of the conditions of the permit or of any applicable city, state or Federal law. A Street Use Permit for an event in progress may be terminated by the Fire Chief or designee if termination is a reasonable and necessary response in the face of imminent danger or threat to public safety.

(12) Penalty. Any person who shall do any of the following may be subject to a forfeiture of not less than $50 nor more than $500 for each violation:

(a) Hold, sponsor or be in charge of any activity for which a street use permit is required without possessing a valid Street Use Permit; or

(b) Violate any condition placed upon a Street Use Permit; or

(c) Provide false or inaccurate information on a written application for a Street Use Permit; or

(d) Knowingly participate in an activity for which a street use permit is re~quired without a valid street use permit having been granted; or

(e) Disobey or encourage others to disobey this section after a police officer has directly and presently informed her or him of any provisions of this section or the terms of the Street Use Permit that she or he is violating; or

(f) Violate any other subsection of this ordinance.