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RESOLUTION NO. 2015 - 05 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING THE POLICY AND PROCEDURE FOR RIGHT-OF WA Y PERMITS FOR STREET, ALLEY, AND SIDEWALK CLOSURES, NEIGHBORHOOD BLOCK PARTIES, AND PARADES. WHEREAS, the network of streets, alleys, and sidewalks in the City is located on City controlled public rights-of-way operated and maintained by the City; and WHEREAS, the primary function of the public right-of-way is to provide multimodal transportation opportunities to users of the network; and WHEREAS, the public right-of-way network provides a vital service to the community for the daily activities of residents, businesses, schools, industry, and other users; and WHEREAS, multiple individuals and groups seek to use the public right-of-way for non transportation related activities such as parades, community events, neighborhood block parties, and construction projects; and WHEREAS, the City wishes to encourage opportunities for community activities and to balance those opportunities with the primary use of the public right-of-way for multimodal transportation use; and WHEREAS, the City wishes to establish a consistent and predictable approach for evaluating, processing, and permitting use of the public right-of-way for these and other desired non transportation uses; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: The attached Policy and Procedure for Right-of-Way Permits for Street, Alley, and Sidewalk Closures, Neighborhood Block Parties, and Parades is hereby adopted and shall be effective from the date below. PASSED AND APPROVED by the Council and Mayor of the City of Moscow, Idaho, this 6th day of April, 2015. lJ.tiert RESOLUTION 2015-05 Policy and Procedure for Right of Way Permits for Street, Alley, and Sidewalk Closures, Neighborhood Block Parties, and Parades April 6, 2015 PAGE l OF 7 ---PAGE BREAK--- CITY OF MOSCOW POLICY AND PROCEDURE FOR RIGHT-OF-WAY PERMITS FOR STREET, ALLEY, AND SIDEWALK CLOSURES, NEIGHBORHOOD BLOCK PARTIES, AND PARADES April 2015 BACKGROUND AND PURPOSE To provide a consistent and predictable methodology to process requests for right-of-way permits for Street, Alley, and Sidewalk Closures, Neighborhood Block Parties, Assemblies, and Parades. This Policy addresses the conditions, factors to be considered, and standards under which permission to close a right-of-way for these purposes may be granted. I. Policy Objective It is the objective of this Policy to provide a consistent response to requests for Closures of public rights-of-way for the purposes of public or private events including, but not limited to, Neighborhood Block Parties, community events, Assembly Activities, Street Closures, Alley Closures, Sidewalk Marches, and Parades. II. Background The City of Moscow receives multiple requests each year to close public Streets, Alleys, and Sidewalks for the purpose of Neighborhood Block Parties, publicly or privately sponsored downtown events, rallies, musical shows, University of Idaho Parades, construction projects, and other miscellaneous activities. The closure of any Street, Alley, or Sidewalk has the potential to affect traffic flow, neighboring properties, surrounding businesses, emergency service response, and other public functions, and it is necessary for the City to consider whether the proposed closure is a safe and appropriate use of the public rights-of-way. Applications for right-of-way permits require staff time for review and processing of the application and any resulting permits. The actual closure of the Street, Alley, or Sidewalk requires City resources to perform or confirm proper traffic control installation for small events, and the implementation of City provided traffic system management for larger events such as Parades. The requests fall generally into four ( 4) categories: Parades (primarily on Main Street); construction closures; community event closures of Main Street and/or other major roadways; and ( 4) Neighborhood Block Party Closures. A right-of-way permit is not required for a march or parade on a public sidewalk which is not of sufficient size to constitute a public assembly; however, the City requests notification of events to ensure the safety of the public and event participants. Fun runs also do not require a right-of-way permit unless they occur upon or will cross Collector or Arterial classification streets that will necessitate traffic control requirements. If a party has a question concerning when such an event may require a permit, they may contact the Engineering Division office at (208) 883-7034. Parades and Construction Closures Parade permits are processed through the Engineering Division of the Public Works Department with input from the Streets Division, and the Police, Fire, and Parks and Recreation Departments RESOLUTION 2015-05 Policy and Procedure for Right of Way Permits for Street, Alley, and Sidewalk Closures, Neighborhood Block Parties, and Parades April 6, 2015 PAGE 2 OF 7 ---PAGE BREAK--- and, when appropriate, the Idaho Transportation Department. The requests for Parade Permits require approval of the Streets Division and Police Department. Construction closures are processed through the Engineering Division with assistance from the Streets Division. Fees, procedures, and forms have been established for these requests. Information and forms are available at the Engineering office and on the City's web site. The current Fee Schedule (available on the City's web site or at the Engineering office) sets Parade permit fees, Street Closure fees, and the additional fee if the closure involves a State Highway. Additional fees will be assessed in accordance with the Fee Schedule to cover actual City costs for services supplied for the event. The closure of Main Street for Parade events can be disruptive to surrounding businesses, traffic flow, and the use of the area by the public. The issuance of permits for the use of Main Street includes consideration of any inconvenience to the retail shops, the time of the year, and any recent previous events. The number of issued Parade Closures on Main Street per year should not exceed a reasonable number of instances based on community impacts and availability of City resources. The closure of City Streets, Alleys, and Sidewalks for construction can be disruptive to surrounding businesses, vehicular traffic flow, access to properties, and use of pedestrian and bicycle facilities. The issuance of permits for construction closures includes consideration of any inconvenience to nearby businesses, impacts to vehicular, bicycle, and pedestrian traffic, public safety concerns, and other local activities that could conflict with the closure. Community Event Closures Non-Parade related closures of Main Street or other major roadways require Staff time and City resources (as well the closure of a public Street in the Central Business District). The time frame for such closures may be longer than that for a Parade, often extending an entire day. Considering these closures affect access to downtown businesses, traffic flow, and public use of the area, it is possible they could have a negative impact in some cases, and may be denied on that basis. The specific location and duration of a closure will affect the extent of impacts on surrounding stores and services. Reasonable consideration of the closure period will be given for each request. Closures of Main Street for a rally or gathering to express support or opposition to a particular issue are protected under the First Amendment to the United States Constitution and the Idaho Constitution, and the City may regulate such speech as to time, place, and manner, as permitted under law. Neighborhood Block Parties For proposed Neighborhood Block Party Closures of a Street or Alley, the City shall consider the impact on traffic circulation through the neighborhood and any unsafe traffic conditions that may result. Generally, the closure of Streets and Alleys at varied locations off Main Street are not typically anticipated by a driver or other user of the public street network and may create potential conflicts between street users and Neighborhood Block Party participants. All Neighborhood Block Party requests will require a traffic plan, and the responsibility of implementing the plan will be the applicants. The applicant will be responsible for obtaining appropriate barricades and signs that meet the requirements of the MUTCD regulations. Any questions concerning the required barricades and signage can be directed to the Engineering office. III. Procedures Right-of-way Permit Application forms for proposed closures of City of Moscow Streets, Alleys, and Sidewalks may be obtained from the Engineering Division office or downloaded from the City ESOLUTION 2015-05 Policy and Procedure for Right of Way Permits for.Street, Alley, and Sidewalk Closures, Neighborhood Block Parties, and Parades April 6, 2015 PAGE 3 OF 7 ---PAGE BREAK--- of Moscow website at http://www.ci.moscow.id.us. Completed forms shall be submitted to the Engineering Division office, together with the appropriate application fees. All submitted applications are reviewed by the Engineering and Streets Divisions with additional review for Parades and Main Street Closures by the Police, Fire, and Parks and Recreation Departments. Any revisions to the proposed right-of-way closure will be communicated to the applicant to determine the applicant's decision to continue with the closure under the revised conditions. Application denials will be communicated to the applicant. Application approvals shall result in the issuance of a Right-of-Way Use Permit which shall be made available at the permit counter in the Paul Mann Building. IV. Conditions A. Parade Closures. The following conditions shall apply for Parade Closures of Main Street and other major roadways. 1. Duration of Street Closure, time of day of closure, and day of week of closure: a. Closures allowed up to eight hours per event; b. Closures to occur between 7:00 a.m. and midnight of the same day; and c. Weekend events shall be limited to one day per weekend. d. Exceptions to these limitations may be granted by the City Supervisor. 2. The proposed Parade location, time, and duration cannot interfere or conflict with the Moscow Farmers Market event unless otherwise approved by the City Supervisor or designee. 3. Limitations upon Parade entries relating to float size and composition, distribution of materials candy), use of fire and/or water, and other parameters may be set during the Parade Closure application review and approval process. 4. The costs of Street Closures, including materials, equipment, and labor shall be charged with each permit, in accordance with the current Fee Schedule. 5. An additional fee may be added for after-hours or weekend installations, in accordance with the Fee Schedule. 6. An additional fee may be added for closures that extend beyond daylight hours, in accordance with the Fee Schedule. 7. Waivers of permit fees may be granted by the City Supervisor for community wide or City-sponsored events. 8. Potential impacts on businesses in the proximity of the event, conflicts with other previously approved events, availability of City resources, and other considerations will be used by the City to determine whether an event request will be approved. Determination of approval of the closure request must meet the test of reasonable regulation of time, place, and manner. 9. The required conditions of approval may be modified, as deemed appropriate, to mitigate potential impacts. Upon approval by the City Supervisor, the provisions and limitations set forth in this Policy may be modified or waived for City sponsored events. 10. Closures of Main Street or other major roadways shall require submission of proof of insurance coverage in the amount of five hundred thousand dollars ($500,000) for the event, and shall name the City of Moscow as an additional insured. 11. All events are subject to the provisions of the City of Moscow Noise Ordinance. ReSOLUTION 2015-05 Policy and Procedure for Right of Way Permits for Street, Alley, and Sidewalk Closures, Neighborhood Block Parties, and Parades April 6, 2015 PAGE 4 OF 7 ---PAGE BREAK--- 12. The City Supervisor, or designee, will approve or deny applications. Based on the best interest of the City, the City Supervisor shall determine which Parade Closure applications are to be given priority when there are multiple requests for the same location and time period. Approvals are not guaranteed and will only be granted upon availability of required City resources, satisfactory completion of all submittal requirements by the applicant, confirmation of no conflicting activities that would preclude the proposed event, and availability of the proposed event location and time. B. Community Event Closures. The following conditions shall apply for community event closures of Main Street and other major roadways. 1. Duration of Street Closure, time of day of closure, and day of week of closure: a. Closures allowed up to eight hours per event, b. Closures to occur between 7:00 a.m. and midnight of the same day, and c. Weekend events shall be limited to one ( 1) day per weekend. d. Exceptions to these limitations may be granted by the City Supervisor. 2. The costs of street closures, including materials, equipment, and labor shall be charged with each permit, in accordance with the current Fee Schedule. 3. An additional fee may be added for extending closures on Main Street from 3rd Street to 6th Street, in accordance with the Fee Schedule. 4. An additional fee may be added for after-hours or weekend installations, in accordance with the Fee Schedule. 5. An additional fee may be added for closures that extend beyond daylight hours, in accordance with the Fee Schedule. 6. Street closures for the purpose of a public gathering under the provisions of the First Amendment are subject to fees noted in the Fee Schedule, without regard to the nature of the gathering, the message, subject matter, or event sponsor. 7. Waivers of permit fees may be granted by the City Supervisor for community wide or City-sponsored events. 8. Potential impacts on businesses in the proximity of the event, conflicts with other previously approved events, availability of City resources, and other considerations will be used by the City to determine whether an event request will be approved. Determination of approval of the closure request must meet the test of reasonable regulation of time, place, and manner. 9. The required conditions of approval may be modified, as deemed appropriate, to mitigate potential impacts. Upon approval by the City Supervisor, the provisions and limitations set forth in this Policy may be modified or waived for City sponsored events. 10. Closures of Main Street or other major roadways shall require submission of proof of insurance coverage in the amount of five hundred thousand dollars ($500,000) for the event, and shall name the City of Moscow as an additional insured. 11. All events are subject to the provisions of the City of Moscow Noise Ordinance. 12. The City Supervisor, or designee, will approve or deny applications. Based on the best interest of the City, the City Supervisor shall determine which right-of way closure applications are to be given priority when there are multiple requests for the same location and time period. Approvals are not guaranteed and will only be granted upon availability of required City resources, satisfactory RESOLUTION 2015-05 Policy and Procedure for Right of Way Permits for Street, Alley, and Sidewalk Closures, Neighborhood Block Parties, and Parades April 6, 2015 PAGE 5 OF 7 ---PAGE BREAK--- completion of all submittal requirements by the applicant, confirmation of no conflicting activities that would preclude the proposed event, and availability of the proposed event location and time. C. Neighborhood Block Parties. The following conditions shall apply to Street Closures for Neighborhood Block Parties. 1. Duration of Street Closure, time of day of closure, and day of week of closure: a. Closures allowed up to eight hours per event; b. Closures to occur between 8:00 a.m. and dusk of the same day; and c. Weekend events shall be limited to one day per weekend. 2. Allowed with an appropriate fee in accordance with the Fee Schedule. 3. MUTCD approved traffic control devices shall be provided by the applicant in compliance with a City-approved traffic control plan, or approved traffic control devices may be provided, installed, an4 removed by the City upon approval of the Public Works Director or designee and applicant's payment of the fee established in the Fee Schedule. 4. Applicant shall provide a signed release of liability and indemnification agreement or shall submit proof of insurance coverage in the amount of five hundred thousand dollars ($500,000) for the event, and name the City of Moscow as an additional insured on the policy. 5. Neighborhood Block Party Street Closures shall be prohibited on Collector and Arterial Classification Streets. 6. The consumption of alcohol shall be prohibited upon public rights-of-way per Moscow City Code. 7. Potential impacts on traffic flow in the proximity of the event, conflicts with other previously approved events, and other considerations may be utilized by the City to determine whether a Street Closure request may be approved. Specific site conditions may warrant denial of the application. D. Construction Closures. The following conditions shall apply to Street, Alley, and Sidewalk Closures for construction and maintenance activities. 1. Duration of Street Closure, time of day of closure, and day of week of closure: a. Closures allowed up to twelve (12) hours per event; b. Closures to occur between 7:00 a.m. and dusk of the same day; c. Extended and night closures are permitted with prior approval; 2. Allowed with an appropriate fee, and set in the Fee Schedule. 3. MUTCD approved traffic control devices shall be provided by the applicant in compliance with a City-approved traffic control plan. Night closures require traffic control devices approved by the MUTCD for night time use. 4. All events are subject to the provisions of the City of Moscow Noise Ordinance. 5. Potential impacts on traffic flow in the proximity of the event, conflicts with other previously approved events and closures, and other considerations may be utilized by the City to determine whether a Street Closure request may be approved. Specific site conditions may warrant denial of the application. 6. City of Moscow operations and maintenance activities, including construction of new or reconstruction of existing City infrastructure shall be exempt from the permitting process requirements of this policy. RESOLUTION 2015-05 Policy and Procedure for Right of Way Permits for Street, Alley, and Sidewalk Closures, Neighborhood Block Parties, and Parades April 6, 2015 PAGE 6 OF 7 ---PAGE BREAK--- V. General Provisions This Policy is designed and intended to accommodate compelling governmental interests, such as maintaining the use of the Sidewalks, Streets, and Alleys for unimpeded transportation, travel and other related purposes; cleaning and maintenance of the rights-of-way; ( c) preserving the safety and amenities that contribute to the quality of the environment; ( d) respecting the interest of owners in surrounding areas, including light, air, access, and view; and ( e) providing an opportunity for a diverse range of activities, views, and opinions. All right-of-way permits for a particular event/location are temporary in nature, shall vest no permanent right, and may be revoked by determination of the City. All activities/events occurring within the public right-of-way must be conducted in compliance with all applicable ordinances and laws. VI. Non-Compliance In the event that the provisions of a granted right-of-way permit are not met by the applicant, the Chief of Police or designee determination of such non-compliance shall be considered adequate grounds for revocation of said permit. Applicants may be given reasonable opportunity to remedy such non-compliance prior to revocation of the permit. Upon revocation of a right-of-way use permit, the applicant and associated entity shall be prohibited from applying for a new right-of-way permit for a period of one year. A second revocation of a right-of-way use permit for the applicant or associated entity within a period of two years from the initial revocation shall result in a prohibition upon new permit applications for a period of five years. The provision of right-of-way permits for Community Event and for Neighborhood Block Party Closures shall be limited to events open to the general public for which the primary purpose is not for direct commercial gain by the applicant or associated Parties. Incidental private commercial activity is allowed. The provisions of this Policy shall be reviewed from time to time and shall be modified as necessary. The most current right-of-way permit application and policies shall be posted on the City's website at http://www.ci.moscow.id.us. VII. Contact Information The Engineering office is located in the Paul Mann Building at 221 East Second Street, and may be contacted by calling (208) 883-7034. RESOLUTION 2015-05 Policy and Procedure for Right of Way Permits for Street, Alley, and Sidewalk Closures, Neighborhood Block Parties, and Parades April 6, 2015 PAGE 7 OF 7