ORDINANCE NO. 200170
Amending Chapter 64, entitled
“Streets, Sidewalks and Public Places,” by repealing Sections 64-118 and
64-426; amending Chapter 70, entitled “Traffic and Vehicles,” by repealing
Sections 70-39, 70-263, and 70-562 and enacting in lieu thereof new sections of
like number and subject matter for the purpose of modifying the method
permitting fees are adjusted and modifying the permit fees; and establishing an
effective date.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 64, Streets, Sidewalks, and
Public Places, is hereby amended by repealing
Sections 64-118 and 64-426, and enacting in lieu thereof
new sections of like number and subject matter, to read as follows:
Sec. 64-118.
Excavation permit fees.
(a)
Application fee. A nonrefundable fee in an amount sufficient
to defray the expenses of investigating the application, issuing the
permit and inspecting the excavation
site shall be charged. Effective
May 1, 2020, the minimum application fee for all
excavations up to 100 lineal
feet shall be $167.00, and for each additional
100 lineal feet of excavation
or portion thereof an additional $167.00 shall be charged.
(b)
Pavement degradation
fees. In addition to the application fee, if the excavation is in a paved portion of property,
right-of- way or easements
owned by the city that is used as a
street or alley, then a degradation
fee shall be charged to the applicant
to recover the cost of the degradation to the life of the pavement. The fee shall be based on the size
of
the pavement restoration, the area
of influence around the restoration, and the value
of the remaining life expectancy
of the pavement, and the current
value of the pavement.
If street pavement is reconstructed curb to curb in association with the excavation
permit, no degradation fee will be required.
(c)
Calculation of degradation fee. Based on the tables of values published by the director,
the
applicant shall calculate
the
value of the degradation fee for each restoration and shall total all the fees and the round to the nearest dollar.
The director will provide
information on the ages of the pavement
sections and the maintenance history.
The completed estimating form and fees shall be submitted with the application for the permit for approval.
(d)
Fees payable to city treasurer. The application fee and degradation fee, if paid by check, money order, bank draft or other negotiable instrument, shall be made payable to the city
treasurer, who shall deposit it to the credit of the street
maintenance fund. The excavation permit shall not be issued
until the fees required by this section are paid.
(e)
Adjustment of fees. The city
manager shall have the authority
to adjust the application fees listed above to reflect
the change in the consumer price index (all items / all urban
consumers Midwest urban) published by the United States Department of Labor,
Bureau of Labor Statistics. If the costs of
processing the excavation permit falls below the fees being charged, the fees shall
be reduced to an amount equal to or
less than the costs. The adjustments,
if any, shall be made annually
by the city manager in conjunction with the adoption of the annual
budget of the city
by filing a notice with the city clerk.
Notwithstanding anything herein to the contrary, the council may modify
or waive the imposition of the fees
established herein if the council
determines that it is in the public interest to do so.
Sec. 64-426. Permit fees.
(a)
The permit
application fee shall be $29.00. There shall be no additional daily permit fee for the first 21 calendar days from and including
the date on which
the
permit was issued. Commencing on the twenty-second calendar day and each day thereafter a daily permit
fee of $0.45 per square
foot of street plate bridging
shall be imposed.
(b)
The permit application
fee shall be $117.00 and the daily permit fee shall be doubled if street plate bridging is placed prior to obtaining a permit, except in cases where such placement was required
by an emergency.
(c)
Waiver of fees.
At the sole discretion of the director,
all or part of the fee may be waived if unique or unusual circumstances, as determined by the director, so warrant.
(d)
Adjustment of fees. The director shall have the authority to
adjust the fees listed in this
section to reflect the change in
the consumer price index (all
items / all urban consumers/ Midwest urban) published
by the United States Department
of Labor, Bureau of Labor Statistics. The adjustments, if any,
shall be made annually by the director
in conjunction with the adoption of
the annual budget of the city by filing
a notice with the city clerk.
(e)
Use of fees. All fees collected pursuant
to this section shall be allocated to the public works department to be used for traffic control purposes.
(f)
Adjustment of fees. The city
manager shall have the authority
to adjust the fees listed
in this section to reflect
the change in the consumer price index (all items / all urban consumers/ Midwest
urban) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the director
in conjunction with the adoption
of the annual budget of the city
by filing a notice with the city clerk.
Section 2. That Chapter 70, Traffic and Vehicles, is hereby amended by repealing Sections 70-39, 70-263, and 70-562, and enacting in lieu thereof new sections of like number and subject matter, to
read as follows:
Sec. 70-39. Authority of director to close streets, sidewalks and other
travelways;
authority to establish emergency parking restrictions.
(a) Definitions. As used in
this section:
Alley means a street or highway intended to provide access to the rear or side of
lots or buildings in urban districts and not intended
for the purpose of through vehicular traffic.
Average Daily Traffic
(ADT) means the following expected average daily traffic for the road classifications in the city's
major street plan, approved by City Council Ordinance 40346, October
7, 1971 as amended, unless
an applicant provides
traffic counts obtained under
the supervision of a professional engineer, in which case those counts, if approved
by
the city, may be used in lieu of the values specified
herein.
Classification
|
Expected ADT
|
ADT to be used
|
Expressways
|
At least
15,000 veh. per day
|
15,000
veh. per day
|
Primary arterials
|
At least
10,000 veh. per day
|
10,000
veh. per day
|
Secondary arterials
|
5,000 to 10,000 veh. per day
|
5,000 veh. per day
|
Other streets
|
Less than 5,000 veh. per day
|
500 veh. per day
|
Block means a piece or parcel of land entirely
surrounded by public highways, streets, streams, railway rights-of-way or parks, or a combination thereof.
The director of codes administration shall decide any question
regarding the limits
or extent of a block.
Detour distance means:
(1)
The distance
of a lane closure including
approaches if only a portion of the public right-of-
way is closed so that traffic is diverted
to different lanes in the same public right-of-
way as determined by a traffic control plan approved by the director
of public works, and
(2)
The distance of the alternate route as determined
by a traffic control
plan approved by the director resulting from a complete closure of the public right-of-way.
Director means the director of public
works of Kansas City unless
otherwise defined herein.
Emergency means a condition
that poses a clear and immediate danger to life or
health, or a significant loss of property or requires
immediate repair or replacement in
order to restore service
to a customer.
Major street plan means the original
document approved by the council by Ordinance No. 40346 on October
7, 1971, as amended from time to time.
Person means
an individual, firm
association, partnership, limited liability company, corporation or any other organization.
Right-of-way means an area of land
designated and reserved for public
travel whether vehicular or pedestrian and
includes a street, a median, a parkway, pedestrian sidewalk and bikeway.
Traffic control
permit fee formula means the basic formula to determine
the amount of the fee for
closing driving lanes of a road to
be applied as follows:
The ADT for the designated classification of the road is multiplied by the
number of days for closure of the street or part thereof, multiplied by the detour distance in linear
miles, multiplied by the unit cost, multiplied by the specified factor for direction of travel, multiplied by the specified
factor for driving lanes.
Unit cost (UC)
shall be $0.17 per linear mile which shall be adjusted
annually to the nearest
cent by the director to reflect the change in
the
consumer price index
(all items/all urban consumers/Kansas City, Missouri/Kansas) published
by the United States Department of Labor, Bureau
of
Labor Statistics.
(b)
Traffic control permits. The
director shall have authority
to close or issue a permit to close any street, sidewalk,
or any other city maintained public right-of- way or part thereof when, in the director's opinion, the closing is necessary for construction, maintenance, or for the protection of public health or safety
or other special condition. Except for an
emergency, no street, sidewalk
or other city maintained portion of public right-of-way
shall be closed by any person to traffic for any purpose without first obtaining
a traffic control permit from the director
of public works. In the event a person causes a closure required
by an emergency, such person
shall file an application for a traffic
control permit and pay the appropriate fees associated therewith the next regular business day after the closure. The director
shall have authority to establish reasonable regulations for the issuance,
use,
revocation and denial of such permits.
Nothing in this section shall authorize the use of a public sidewalk for a commercial purpose.
(c)
Application fee. An application fee of $88.00 shall
accompany each application for a
traffic control permit. The
application fee is to defray the various costs incurred by the city in investigating
and processing the applications and issuing
the permit and inspection of the site
of the
traffic control. The application fee is not refundable.
(d)
Form of application. An
application for a traffic control permit shall be
completed on a form furnished by the director
and shall
include a detailed traffic control plan.
(e)
Traffic control plan.
A traffic control plan submitted to the director for
approval shall comply with the requirements of the Manual of
Uniform Traffic Control Devices (MUTCD) in force on
the date of the application and shall include a dimensioned
drawing that identifies the following:
(1)
The location of
the right- of-way to be closed,
including all approaches.
(2)
The location of
a detour route.
(3)
The location of all traffic control devices required
for the
closure of the right-of-way and signage for the detour route(s).
(4)
If applicant does not
provide a traffic control plan, upon request by the applicant, the department of public works will prepare a plan and
applicant shall pay the city a nonrefundable fee in the amount
of the direct costs and overhead incurred by the department of public
works as determined by the director. In no event will such fee be less than
$150.00.
(f) Traffic
control permit fees. In addition to the application fee, and a traffic control plan preparation fee if applicable, a traffic control
permit fee shall be charged
for the closure
of the public right-of- way. The amount of the traffic control permit fee shall
be the sum of the fees for each direction of travel determined by applying
the traffic control fee formula
using the following
factors:
(1)
Factor for direction of
travel. For a two-way street, the factor for each direction
of travel shall be 0.58. For a one-way street, the factor for direction of travel shall be 1.17.
(2)
Factor for driving lanes. The
factor for driving lanes shall
be as set out in the following chart:
Total number of driving
lanes for the direction of travel
|
Number of
driving lanes closed for the direction of travel
|
1
|
2
|
3
|
4
|
5
|
1 lane
|
1.15
|
|
2 lanes
|
0.46
|
1.17
|
|
3 lanes
|
0.23
|
0.69
|
1.17
|
|
4 lanes
|
0.17
|
0.46
|
0.75
|
1.17
|
|
5 lanes
|
0.12
|
0.40
|
0.64
|
0.81
|
1.17
|
(3)
For lane closures between 9 a.m.
and 4 p.m. if the lane is otherwise opened for public travel,
the traffic control permit fee shall be reduced by 50 percent. For lane closures between 6
p.m. and 7 a.m. if the lane is otherwise opened for public travel, the traffic control permit fee shall be reduced by 70 percent.
If the closure
of a lane is limited to Saturday, Sunday or a holiday,
the traffic control permit fee shall be reduced by 70 percent.
(4)
For each alley within a block, the traffic
control permit fee shall be $1.74 per day or portion thereof.
(5)
Turn lanes and lanes for bus stops shall be
treated as driving lanes.
(6)
For intersections, the lanes
for each direction of
travel of the intersecting street shall be treated separately.
(7)
The minimum
detour distance to be used to calculate the traffic
control permit fee shall be 0.0625 miles.
(8)
Parking lanes with meters: For
parking lanes with meters, the traffic control permit fee shall be $3.47 per meter per day or portion thereof, except for Saturday, Sunday and holidays.
(9)
Parking lanes without
meters: For regulated parking lanes without meters, the traffic control permit fee shall
be 63 cents per day or portion thereof for each 20 feet of such
right-of- way closed.
(10)
A parking lane with designated hours for parking shall be
considered a driving lane if it is closed during the hours when parking is prohibited.
(11)
Sidewalk/non-roadway area: For sidewalk/non
roadway area, the traffic
control permit fee shall be 67 cents
per day
or portion thereof for each 20 feet of sidewalk or non-roadway area of
such right- of-way closed. If sidewalk/non-roadway area is closed in
conjunction with the adjacent lane closure, the traffic
control permit fee for sidewalk/non-roadway area shall be reduced by 50%.
(g) Annual permits. In lieu of a traffic
control permit issued
by the director under the requirements contained in subsections (c), (d), (e), and (f) of this section, the
director may issue an annual traffic
control permit for each construction or maintenance vehicle used in a partial blockage
of a street, sidewalk, or other city maintained public right-of-way to a qualified applicant complying with all of the following conditions:
(1)
Those utilities and other companies operating under a franchise
agreement with the city,
telecommunications companies paying the occupational
license taxes required by sections 40-360 and
40-361, Code of Ordinances, city departments, and contractors acting as an agent for same, if experienced in proper traffic control procedures and approved by the director, and the approved agent(s)
for the recognized statewide utility locating network, of which
the city is a member, are eligible for annual traffic control permits.
(2)
An annual traffic control permit issued for and
exclusively assigned to a particular vehicle of the qualified applicant.
(3)
An annual traffic
control permit shall not apply to more
than one right- of-way closure during the same
time period.
(4)
An annual traffic control permit shall not apply to closures involving
more than one half of the total number
of traffic lanes of a street, to closures
that extend beyond 500 feet, and closures
that include an intersection of two streets.
(5)
The annual traffic control permit will only
exempt the permit holder from the requirements for an individual traffic control permit if:
a.
The reason for the closure
is nondestructive work in the public right-of-way; or
b.
An excavation including all pavement is completely
restored and open for normal traffic flow in the street,
sidewalk or other city maintained right-of-way within 72 hours, provided that temporary street surface
repairs with cold mix asphalt
patching material are
acceptable during the months of November through March.
(6)
If approved by
the director for an annual traffic control permit, payment of the annual traffic control permit fee to the city
in the amount of $352.00.
(7)
The director is authorized to establish reasonable
regulations for the issuance, use, and revocation of annual traffic control permits.
(h) Plumbing traffic
control permits. For closure
of a street, not identified as a major street
in the city's major street
plan, required for water/sewer
main connections and disconnections performed by a plumber
who has obtained a permit to excavate
in such right-of- way for making a connection or disconnection of a private water or sewer line to a city main line, such
plumber may obtain a plumbing traffic
control permit for the life of such excavation
permit, by payment of an additional fee of $28.00 per excavation permit.
(i)
Time for restoration
of traffic control devices. All permanent traffic control devices
including pavement markings
and signs disturbed by work performed pursuant
to a traffic control
permit shall be restored by the permit
holder within 72 hours after completion of the work.
(j)
Festivals. For closure of a street required
by a festival, the applicant shall certify that no less than ten days prior to the proposed
festival, all owners or property managers of property
adjacent to the street closure have been notified
in writing of the (1) name of the event; (2) name of the sponsor organization, if any, including mailing address and telephone number; and (3) date, starting and ending times of the event. The applicant is responsible for collecting and managing recyclable materials and trash generated in conjunction with the festival in accordance with procedures established by the director, and for post-event cleanup of the streets,
sidewalks and public ways. The
applicant for a festival
permit shall meet all the requirements set forth in this section including the provisions of the application fee, traffic control
plan fee if applicable, and the traffic
control permit fee.
(k) Neighborhood block party permits.
(1)
The neighborhood block party permit authorizes the
applicant to barricade
a specified portion of a street, not identified as a major street
in the city's major
street plan, using city approved barricades, denying access to through traffic
(except emergency vehicles
and residents who reside within the barricaded area) to conduct a neighborhood block party. No fee shall be charged for a Neighborhood block party permit.
(2)
The applicant must be either a neighborhood resident or the
neighborhood homes association group. The applicant shall be made on
a form provided by the director at his office in city hall. The applicant must provide evidence on the application form that all of the residents who live in the blocked off area have been notified in writing
of the proposed neighborhood block party and that a minimum of 60 percent of
these residents are in favor.
(3) Neighborhood
block parties shall be conducted only between
the hours of 7:00 a.m. and 10:00 p.m. The applicant is responsible for collecting and managing recyclable materials and trash
generated in conjunction with the neighborhood block party in accordance with procedures established by the
director and for post-event cleanup of
the streets, sidewalks and public ways.
(l)
Trailers or dumpsters. The fee to place
a trailer or dumpster
in the sidewalk, non-roadway area of the right-of- way or
street right-of- way shall consist of an application fee of $59.00 and a traffic
control permit fee resulting
from that obstruction
within the right-of- way. For the placement of a single trailer
or dumpster, not in excess of 50 feet in length, used for purposes of construction or demolition work, placed in the sidewalk,
non-roadway area of the right-of-way or the curb lane of street
right-of- way areas of a street, not identified as a
major street in the City's Major Street Plan, an applicant
may elect to pay a flat traffic control fee of $12.00 per day or portion thereof instead of the other traffic
control permit fees provided
in this section, in which case there
shall be no application fee charged.
(m)
Waiver. Fees set forth in
this section shall not apply to the following:
(1)
Except for the water
services department and the aviation department,
city departments and their contractors performing roadway or
roadway feature related work, including landscaping, maintenance or repair.
(2)
Firms or agencies
required by the city to relocate utilities.
(3)
Transportation facility improvement projects funded by federal, state
or local governments.
(4)
When the director finds that it is necessary to close the street for the immediate protection of public
safety.
(5)
That portion of a project by a private developer that
involves improvements to existing infrastructure and facilities in the public right of way, including but not limited to utilities, sidewalks, acceleration
lanes, deceleration lanes, turn lanes and
traffic signals, so long as the increase
of the
operating capacity or revised
geometrics of said infrastructure and facilities is not primarily
required to serve the development.
(n) Double
fees. Absent an emergency situation, as defined by the
director in rules and
regulations which reflect the need for prompt action to protect the public safety, the fees established
by this section shall be doubled for any permit
and associated inspection if work
is commenced prior to obtaining a permit.
(o)
Emergency parking restrictions. The director may
establish emergency parking restrictions or prohibitions upon any street or
part thereof upon the request
of any responsible applicant
when the parking restrictions are necessary
for construction or other
special conditions. The applicant shall notify the public works
department immediately when construction is complete
or when any special conditions cease to exist.
(p)
Traffic control devices. The
director may install,
allow or require responsible applicants
to install, traffic control devices giving
notice of the approved emergency
parking restrictions or prohibitions permitted under subsection (o) of this section. If an applicant
installs traffic control
devices, then the applicant
shall immediately notify the public works department when the traffic control devices are installed
and shall immediately remove the traffic
control devices when construction is complete or the special conditions end.
(q)
Use of fees for traffic control purposes. All fees collected pursuant
to this section shall be allocated to the public works
department to be used for traffic control purposes.
(r)
Adjustment of fees. The city
manager shall have the authority to adjust the fees listed in this section
to reflect the change
in
the consumer price index (all items / all urban consumers/ Midwest
urban) published by the United
States Department of Labor,
Bureau of Labor Statistics.
The adjustments, if any,
shall
be made annually by the director in
conjunction with the adoption
of
the annual budget of the city by
filing a notice with the city clerk.
Sec. 70-263. Permit for parades.
(a) Definitions.
The following words, when used in this section, shall be defined as follows:
(1) Applicant
means an individual person, partnership, limited liability company,
corporation, or any other entity whatsoever applying for a permit.
(2) Director
means the director of the public works department or his or her designee.
(3) Funeral
procession means a line of vehicles or persons or both traveling to a
cemetery or other place of repose in connection with a funeral.
(4) Parade
means an organized, continuous procession of three or more vehicles or persons,
or both, on any street or highway as defined in section 70-1 of the Code of
Ordinances.
(b) Authority
to promulgate rules and regulations. The director shall have the authority
to promulgate, rules and regulations to implement this section.
(c) Permit
required. Except funeral processions and parades in conjunction with and
within the barricaded area of a permitted block party, no parade shall be held
without first obtaining a permit from the director.
(d) Application.
For parades, a written application shall be filed in the form prescribed by the
director not less than ten calendar days, not including the day that the
application is filed, before the proposed event. Failure to timely file a
written application may result in the denial of the permit. Each application
shall be accompanied by an initial application fee of $105.00. Additional fees
and permits may be required if the event or event route impacts the city's
parks and boulevard system. Each application shall include the following
information regarding the parade and shall be submitted in a format required by
the director:
(1)
The
name and address of the person filing the application.
(2)
If
applicable, the name and address of the organization sponsoring the proposed
event, or to benefit from the event.
(3)
The
proposed date(s) and time of the parade.
(4)
The
time of set up, commencement, termination and cleanup of the streets, sidewalks
and surrounding areas.
(5)
An
identification by street name of the proposed route and maximum length,
including staging area and dismounting areas.
(6)
A
map of the proposed route.
(7)
The
number of people and vehicles taking part in the parade.
(8)
The
area of the right-of-way to be reserved for the parade.
(9)
A
certificate of insurance, in such amounts as the director shall reasonably
require, naming the city as an additional insured.
(10)
An
agreement obligating the applicant to complete, or arrange for another to
complete, the post-event cleanup on the streets, sidewalks and other public
ways.
(11)
A
traffic control plan, including methods, devices, detour of traffic and who
will be responsible for controlling traffic.
(12)
A
parking plan identifying where participants and attendees will park during the
parade.
(13)
A
public notification plan as provided in subsection (e) below.
(14)
Proof
that the traffic control plan was submitted to the city police department as
provide in subsection (f) below.
(15)
Proof
of route notification to the Kansas City Area Transportation Authority as
provided in subsection (g) below.
The director may
require an applicant to meet in person at any point during the application
process for the purpose of discussing the application, and to provide such
additional documentation as the director may reasonably require in conjunction
with the review and consideration of the application. The delineation of
specific documentation required to be submitted with the application shall not
restrict the director from reasonably requiring the submittal of additional
documentation.
(e) Public
notification plan. Every applicant shall submit a plan for notifying
members of the public who might reasonably be affected by the parade. The
public notification plan may consist of notification by postcard, signage along
the parade route, e-mail notification, published notification, or a combination
thereof. Only parade notification signs complying with this subsection will be
allowed on boulevards and parkways notwithstanding any section of the code.
Parade notification signs erected pursuant to this section shall be no larger
than three square feet. Notification shall include the name of the parade, the
dates and times that the streets or highways are proposed to be closed to
traffic, and contact information for the applicant or event sponsor. Any signs
for a parade shall not be posted until three days before the parade. The
applicant shall confer with the director and the director shall have the authority
to require modifications to the public notification plan submitted by the
applicant as a condition of permit approval. Any signage included in the
approved plan shall not be placed in any location outside the public
right-of-way except with the consent of the affected property owner; no
additional permit or fee shall be imposed for the privilege of placing any
approved sign required by this subsection within the public right-of-way,
provide however that signs shall be removed within 24 hours following the
conclusion of the parade.
(f) Traffic
control and costs. The applicant shall submit its traffic control plan to
the city police department, and the failure to do so shall preclude the
issuance of a permit by the director. Costs for traffic control required for
the parade shall be determined, assessed and waived in the sole discretion of
the police department. Applicant's failure to remit any costs assessed by the
police department, however, shall not preclude issuance of the permit. Any
costs assessed and remaining unpaid may be recovered by the police department
from the applicant in such manner as is provided by law.
(g) Notification
to Kansas City Area Transportation Authority. The applicant shall notify
the Kansas City Area Transportation Authority of the proposed route and
proposed date and time of the parade.
(h) Authority
to impose conditions. In order to protect the health, safety and welfare of
the public, the director shall have the right to determine and impose
conditions related to the following:
(1)
The
route and maximum length of the parade, including identifying an alternate
route or portions of the route.
(2)
The
proposed time of the parade, including establishing time periods during which
portions of the route may not be closed, and imposing maximum time limits that
certain portions of the route, once closed, may remain closed.
(3)
The
number of people and vehicles taking part in the parade.
(4)
The
minimum and maximum speeds.
(5)
The
maximum intervals of space to be maintained between the units of the event.
(6)
The
area of the right-of-way to be reserved for the event.
(7)
The
time of set up, commencement, termination and cleanup of the streets, sidewalks
and surrounding areas.
(8)
The
public notification plan.
(9)
Traffic
control measures.
(10)
The
placement of persons along the parade route with maps readily identifying each
location where the parade may be crossed during the event.
(11)
The
opening of streets or highways, or portions thereof, on a rolling basis to
commence at a pre-determined time after the last scheduled persons or vehicle
shall have started.
(i) Standards
for determination of conditions and approval. The director shall determine
the conditions for the parade in accordance with the following standards:
(1)
What
effect the conduct of the parade will have on the safe and orderly movement of
mass transit and pedestrian and vehicular traffic contiguous to the route.
(2)
Whether
the conduct of the parade will require the diversion of so great a number of
police officers to properly police the line of movement and the areas
contiguous thereto will prevent normal police protection to the city.
(3)
Whether
the conduct of the parade will interfere with the movement of police vehicles,
firefighting equipment and ambulances en route to emergency destinations.
(4)
Whether
the plan for the conduct of the parade will include stopping en route.
(5)
Whether
there are viable alternatives for location of the parade route including
sidewalks contiguous to the proposed route or available public parks along the
proposed route.
(6)
Whether
the parade route conflicts with another permitted parade, race or other street
closure.
No permit shall
be issued by the director if the location or proposed route of the parade
presents a clear and present danger of destruction of, or injury to, life or
property, or if the applicant has not met the requirements for a permit
contained in this section, provided that no permit shall be denied on the basis
of the content of the parade or the potential for hostility of onlookers or
parade participants.
(j) Assistance
from other city departments/entities. In connection with the director's
investigation of an application for a permit, all departments of the city shall
provide information and assistance to the director upon request. The director
shall verify with the parks and recreation department that the proposed event
does not conflict with other events or boulevard and parkway closures. The
investigation shall include reviewing the community calendar to ensure other
events are not impacted by the race. The director may request the city police
department provide information and assistance with regard to imposing
appropriate conditions for the parade.
(k) Approval
or denial of permit. If a timely application for a permit is filed, the
director shall approve or deny the application and notify the applicant, in
writing, no less than five calendar days prior to a proposed parade. If an
untimely application for a permit is filed, the director may, but shall not be
required to, deny the permit. In such circumstance, the director shall approve
or deny the application and notify the applicant, in writing, as follows: If
sufficient time remains before the proposed event, within five calendar days
from the date the application is filed, if for a parade. If the application is
untimely to the extent that the proposed event would precede the expiration of
these time limits, then within 24 hours prior to the proposed event.
A denial shall
state with specificity the basis for the denial. Any condition imposed by the
director that is unacceptable to the applicant or any failure to approve or
deny the application and notify the applicant as provided for herein shall be
considered a denial for purposes of review.
(l) Review of
denial of permit. An applicant who has been denied a permit may appeal the
director's decision to the city manager or his or her designee, who shall
convene an administrative hearing within two calendar days of receipt of the
applicant's request for review, not including weekends and holidays, unless the
applicant requests to extend the time. If the applicant's request for review is
sent by U.S. Mail, postage prepaid, receipt will be conclusively deemed to have
occurred on the third calendar day following the date the request for review
was placed in the mail, not including weekends and holidays. At the conclusion
of the administrative hearing, the city manager or his or her designee shall
issue a decision and serve it on the applicant. In the event there is
insufficient time before the proposed parade to conduct an administrative
hearing, and the insufficiency was not caused solely by the applicant's request
for an extension of time, the applicant's untimely application for a permit, or
by the applicant's delay in requesting review under circumstances where time
would have otherwise allowed for the review provided for herein had it been
requested sooner, then the applicant may seek redress from the director's
decision in a court of competent jurisdiction. For the sole purposes of
determining whether sufficient time remains for the administrative hearing
provided for herein and whether any insufficiency was caused by the applicant,
notice of a denial shall be deemed effective upon receipt by the applicant; if
notice of a denial is sent by U.S. Mail, postage prepaid, receipt will be
conclusively deemed to have occurred on the third calendar day following the
date the notice was placed in the mail for delivery, not including weekends and
holidays.
(m) Display
of permit. The permit shall be in the possession of the applicant or a
representative of the applicant during the parade, at the staging site, and
shall be presented, on request, to any city official or officer of the police
department at any time prior to or during the parade.
(n) Compliance
with Noise Code required. The parade shall be conducted in compliance with
the noise control code, chapter 46, Code of Ordinances. Every applicant shall
contact the current health department liaison for noise control related to
parades, for consultation about any possible violation.
(o) Commercial
parades. No permit shall be issued by the director authorizing the conduct
of a parade which is proposed to be held for the sole purpose of advertising
any products, goods, wares or merchandise, and is designed to be held purely
for personal profit.
(p) Revocation
of permit. A permit may be revoked by the director, the procession may be
halted, and the participants may be required to disperse whenever the
conditions imposed on the parade by the director are being violated, the
requirements of this section, including but not limited to the public
notification plan as modified and approved by the director, have not been
fulfilled in their entirety, or there is a clear and present danger of
destruction of, or injury to, life or property, provided that no permit shall
be revoked on the basis of the content of the parade, or the potential for
hostility of onlookers or parade participants. It shall be the duty of the
police department to enforce the orderly dispersal of the participants.
(q) Denial of
future permits. The director may deny future permits to anyone applying on
behalf of an organization that previously sponsored or benefited from a
permitted event if such permit was revoked or if grounds to revoke such permit
shall have existed.
(r) Adjustment
of fees. The city manager shall have the authority to
adjust the fees listed in this section to reflect
the change in the consumer price index (all items / all urban consumers/ Midwest
urban) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the director
in conjunction with the adoption
of the annual budget of the city
by filing a notice with the city clerk.
Sec. 70-562. Permits for loading zones.
(a) The director
shall not designate or sign any loading zone upon special request of any person
unless such person makes application for a permit for such zone and for signs
to indicate the ends of each such zone. The application shall be accompanied by
a deposit of $15.00, which shall apply to the annual fee if such loading zone
is approved and which shall be returned to the applicant if the request for the
loading zone is denied. The director, upon granting a permit, shall collect
from the applicant and deposit in the city treasury an annual service fee of:
(1)
In
an area bounded on the south by Truman Road, on the north by 6th Street, on the
west by Washington Avenue, and on the east by Harrison Street.
a.
Eighteen
dollars for each foot of such loading zone when such space is available during
any of the nighttime hours between 6:00 p.m. and 7:00 a.m.
b.
Eighteen
dollars for each foot of such loading zone when such space is available during
any of the daytime hours between 7:00 a.m. and 6:00 p.m. or 24 hours per day.
(2)
In
all other areas:
a.
Five
dollars for each foot of such loading zone when such space is available during
any of the nighttime hours between 6:00 p.m. and 7:00 a.m.
b.
Eleven
dollars for each foot of such loading zone when such space is available during
any of the daytime hours between 7:00 a.m. and 6:00 p.m. or 24 hours per day.
(b) Every such
permit shall expire at the end of one year.
(c) The city manager shall have the authority to
adjust the fees listed in this section to reflect
the change in the consumer price index (all items / all urban consumers/ Midwest
urban) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the director
in conjunction with the adoption
of the annual budget of the city
by filing a notice with the city clerk.
Section 3. That this ordinance shall take effect
on May 1, 2020.
_____________________________________________
Approved
as to form and legality:
______________________________
Nelson Munoz
Senior Associate City Attorney