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HomeMy Public PortalAboutORD14871 BILL NO. 2011-86 SPONSORED BY COUNCILMAN Harvey ORDINANCE NO. / ES 7 C AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CREATING SPECIFIC CRITERIA TO ALLOW STREET CLOSURES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 32 (Streets and Sidewalks) Sec. 32-2, (Closing streets, alleys, etc.), of the Code of the City of Jefferson, Missouri, is hereby amended to read as follows: Sec. 32-2. Closing streets, alleys, etc. A. Construction or Maintenance. The .h'°F of police and the Director of Public Works is are hereby authorized to close any public street, alley, highway, OF roadway, or sidewalk in the city and withdraw such publi sure. 11 , high °. — toad..° from public use t 3-feF a na�imunrpe_: a� of a.-P„ (7) days for such time as may be required for said construction. Closure may only be granted after notice to the Police Chief. Anv such closure shall address pedestrian access and safety. B. Other Closures. The Chief of Police is hereby authorized to close anv public street,allev. highway,or roadway in the citv and withdraw such public street alley highwav, or roadway from public use temporarily for a maximum period of three (3) days for purposes not identified in Section A in accordance with the following: 1. The Chief of Police shall promulgate an Application form for a street closure request. which toav include the area of street proposed to be closed all reasons that said street should be closed, the intended use of the street during closure, and anv other information the Chief of Police may deem appropriate. 2 Upon receipt of an application for street closure the Chief of Police shall authorize the closure of the said street,unless the Chief of Police finds one of the following: a. There are not sufficient alternate routes available to allow the safe and orderly movement of traffic through the area; or b. The closure will undulv interfere with Proper fire and police protection of, or ambulance service to,areas contiguous to such closure: or C. The closure will require the diversion of so great a number of city employees, including police officers,that normal city services cannot be provided elsewhere: or d. Previously approved or annual events scheduled for the same time as the proposed closure will require the diversion of so great a number of city em lovees including police officers, that necessary city services cannot be provided to the area proposed to be closed: or e. The street closure is reasonably likely to cause injury to persons or property; or f. The street closure is reasonably likely to cause a negative financial impact to those businesses adjacent to the closed street; or R. The requested street closure is longer than necessary to accomplish the purpose behind the request for street closure. Upon such finding, the Chief of Police may approve a street closure which is limited to only that time which is necessary for the activity or event; or h. The purpose for the street closure does not require the closure of the entire area of the request. Upon such finding the Chief of Police may approve a street closure which is limited to only that area necessary for the activity or event; or L The street closure is being held for the primary purpose of advertising anv product, cause,goods or event for a for profit entity: or i. The street closure is primarily necessary only to provide convenient parldruz for an activity or event. 3. The Chief of Police shall notifv the applicant of his determination. C. Any person using or attempting to use such street, alley or public highway so withdrawn from public use. or driving or attempting to drive any animal or vehicle thereon, shall be deemed guilty of a misdemeanor. D. Anv street closing not authorized by this section or by another section of the city code,or any closing in excess of the time for closure allowed pursuant to said sections shall require a permissive use of right of way granted by the Citv Council. (Code 1977, §33-2; Ord.No. 9549, § 1, 11-17-80;Ord.No. 13301, 11-5-2001) Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding OfficerV N�ayor ATTEST: APPROVED AS TO FORM: vzlz City Clerk Interim City Courelor