April 23, 2014

City of West Fargo

 

STREET CLOSING POLICY

The following information sets forth the guidelines relating to a street closing for the purposes of a parade, walk/run/ride, assembly, or other special event.

 

Street Closing Permit Required

A permit is required by the City of West Fargo for any event that requires closure of a road; is determined by the Police Department to likely impede traffic; or does not comply with normal traffic regulations.

(13-0803. WHEN PERMITS REQUIRED FOR STREET CLOSING)

 

NO Street Closing Permit Required

 

The following types of events do not require a street closing permit under this policy.

 

Neighborhood Block Gatherings

Street closure requests for the purposes of a neighborhood block gathering are handled by the

West Fargo Police Department. Please contact the Support Services Officer at

701-433-5500 for further information.

 

Use of Walk/Run/Bike Paths

Events held exclusively upon paths constructed for non-traffic use in and around West Fargo City parks are encouraged whenever possible. Please contact West Fargo Park District at 701-433-5360 for further information.

 

Application for Permit

 

Event organizers are strongly encouraged to submit applications as early as possible in order for City staff to review the application. Timely submission also provides sufficient opportunity for applicants to fulfill all conditions of the permit. Applications for a permit must be submitted no later than 30 days in advance of the event.

 

The City may request event modifications or restrictions to protect public peace and safety including: event location or route; hours of operation; security provisions; fencing and barricades; public notification; indemnification; sanitary facilities; waste collection; or sound amplification restrictions. The City may direct the requirement of event security, emergency medical services, and/or traffic control measures as a condition of granting the permit, and such services shall be at the expense of the applicant.

 

Review of Application

 

Representatives from City departments including Police, Fire, Parks, Public Health, Public Works, and Engineering will consider the following factors in reviewing an application for a street closing:

  • Extent to which the event may interfere with traffic, necessitate crowd control, or create safety or other public concerns.
  • Extent to which the applicant is able to provide assurance that sufficient numbers and appropriately trained paid or volunteer staff will be available to manage the event.
  • The inconvenience that may be experienced by the public or local business entities.
  • The interference with emergency or other public safety equipment or operations that may be caused by the event and the extent to which such inconvenience or expense may be outweighed by the benefit to the community by holding the event.
  • The extent to which the event will tax the resources of the city or other public entities.
  • The extent to which previous similar events have succeeded in complying with the appropriate requirements and applicable law.
  • Whether or not the applicant has supplied truthful, accurate information during the application process.

 

Issuance of Permit

 

As a condition for issuing a permit the City requires that the following conditions be met:

 

Coordination/Contracted Services

Applicants may be required to pay a service charge to cover costs the City will incur in connection with activities for which a permit is granted, including costs for coordination and event planning, support personnel, equipment, and related items. Fees for these services will be assessed to the applicant at an average rate of $50 per hour for each contracted City employee (fees may vary). Fees will be outlined well in advance of the scheduled event.

 

Event Route or Area

 

Hours of Operation

Applicants are strongly discouraged to schedule street closures beyond two hours as they may cause significant hardship to residents and businesses. Applicants may request a waiver if the closure will extend longer than two hours; however, the City may require the applicant to contact a City staff member to regulate certain intersections/streets to allow local traffic to access their residence or business.

 

Security Provisions

The appropriate level of police, fire, and emergency medical services will be determined by the

City based on crowd size and type of event. Fees for these services will be assessed to the applicant.

 

Fencing and Barricades

Traffic control device rental and placement are the sole responsibility of the applicant. All street closures require the use and placement of proper traffic control devices according to the U.S.

Department of Transportation, Federal Highway Administration Manual on Uniform Traffic

Control Devices (MUTCD). Barricades may be provided by the City or may be rpovded by a bonded private contractor.

 

Clean-up

The applicant may incur fees associated with clean-up if the event area is not maintained in the same condition it was prior to the event. Any event that involves animals will incur mandatory clean-up conducted by the City. Fees for these services will be assessed to the applicant.

 

Public Notification

Event plans must be balanced with the interests and needs of property owners and businesses.

Notice of the event must be provided to all property owners, tenants, and/or businesses within 300 feet along the affected route or area. This notice must be provided at least one week prior to the event date.

 

At minimum, the notification must include the following information:

  • Event date/time
  • Closure description
  • Closure length
  • Notice of grievance process (as quoted below):

 

“Grievances related to this closure can be directed to the City of West Fargo,

City Manager’s Office at 701-433-5300.”

 

Applicants can personally deliver notification or utilize the U.S. Postal Service “Every Door

Direct Mail” service. Further information about this service can be found at:

http://www.uspseverydoor.com/. Failure to notify property owners in street closure areas will result in permit revocation. Throughout all events, residents should be allowed access to their property and businesses should be reasonably accessible to the general public. Event organizers will be expected to make every effort to preserve customer and residential access for businesses and houses along the street closure.

 

Indemnification

The applicant shall agree to indemnify and hold harmless the City of West Fargo from any and all liability that may arise by virtue of the event.

  • The applicant shall provide and maintain a certificate of insurance for comprehensive general liability in a minimum amount of $1,000,000 per occurrence.
  • The City must be named as an “additional insured” on the policy.
  • The certificate must be submitted to the City within 10 days of the event.
  • The City may determine that a particular event does not present a substantial public liability or property damage exposure for the City and is authorized to waive the insurance requirement for such event or activity.

 

Other Requirements

As a condition for issuing a permit the City may impose additional requirements and restrictions as may be necessary to protect public health and safety.

 

Appeal Process

If the City denies a permit for the event or any of its components, or the applicant disagrees with the conditions placed on the permit, the applicant may submit a written appeal to the City Manager.

 

Permit Revocation

The City is authorized to revoke a permit in the event it is determined that:

  • The applicant made any false or misleading statements in the application or during the application process.
  • The applicant failed to comply with any conditions or requirements for the issuance of the permit.
  • Such withdrawal is necessary for the protection of public health or safety or for the prevention of a violation of any local, state, or federal law.

 

Additional Permits/Licenses Required

Below you will find a list of additional permits/licenses or other conditions that may be required for your event. Please note that it is NOT necessary to have all permits approved upon submission of this application; however, applicants must have all permits and fees paid and approved prior to the start of the event.

 

Authorization to use a City Park

Public events being held within a City Park require authorization and use of picnic shelters and neighborhood recreation facilities must be reserved. Please contact West Fargo Park District at

701-433-5360 for additional information.

 

Event Exhibitors and Operators

North Dakota law requires that exhibitors register to collect North Dakota sales tax, provide a written statement that no taxable items are being sold, or provide a written statement indicating that they qualify for the isolated and occasional sales exemption.

 

Health Department Permit

All food vendors in conjunction with special events must apply for a temporary food permit through Fargo Cass Public Health. Please contact Fargo Cass Public Health at 701-241-1360 for additional information.

 

Sign Permit

Any person, firm or entity displaying a portable sign within the City of West Fargo must obtain a permit. A portable sign permit is granted for a period of up to 14 continuous days, with vehicles and equipment that display signage granted for a period of up to 3 consecutive days. Please contact the Planning Office at 701-433-5300 for additional information.

 

Special Event Liquor License

Any sale of alcohol within the City of West Fargo requires a special event liquor license issued by the City and in some cases an additional permit from the State of ND. Please contact the City

Manager’s Office at 701-433-5300 for additional information.

 

Tent Permit

A fire prevention permit is required for all high hazard occupancies such as tents, canopies, and temporary membrane structures. Please contact the West Fargo Fire Department at 701-433-5380 for additional information.