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Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 9/24/2019 Title: Establish Policy and Application for Block Parties Submitted By: LeighAnn Mikesell Department: Planning Brief Summary: Staff is seeking to establish a policy, application, and fees to allow for block parties which close city streets. The goal is to encourage neighborhood cohesion while placing reasonable restrictions to ensure safety and minimize risk for complaints. Detailed Summary: To establish a block party policy, application, and associated fees. APPLICATION *Application fee may be refunded if the application is denied by the city. $50* FEE Application fee will not be refunded if event is cancelled by the applicant. CLEANING FEE **Will be charged to the applicant after the event if city property is not returned to its $60/hour** If required original condition and/or trash is left on city property. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): Recommended Motion: Approve the block party policy, application, and fees as proposed. For City Clerk Use Only: Commission Action: CITY OF MUSKEGON BLOCK PARTY POLICY 2020 The City of Muskegon has 15 distinct neighborhoods and encourages neighbors to build community. Block party-type events involving the closure of any portion of a city street require a Block Party Permit. While there are several City departments involved in the approval process, this policy centralizes the administration of block party events with the City’s Planning Department. Consumption of alcohol beverages on any public property including streets, terraces, and sidewalks is strictly prohibited. BLOCK PARTY APPLICATION PROCEDURE I. Application Submission & Fees Applications shall be filed with the Planning Department at least thirty (30) days prior to the Block Party date. Applications will be accepted between April 1 and September 30 of each year for block parties to be held in that same calendar year. Block parties will be allowed May 1 through October 31 only. The application fee must be paid at the time the application is submitted. The Block Party Application fee is $50.00. The Application shall be submitted in writing on the appropriate form. The application fee must be paid at the time of Application submission. The cleaning fee, if applicable, must be paid within 30 days of the invoice date. The CITY OF MUSKEGON BLOCK PARTY APPLICATION form can be found on the City’s website at www.muskegon-mi.gov, or you may call 231.724.6702 to have one mailed/e-mailed to you, or visit the Planning Department on the 2nd floor of City Hall, Monday – Friday from 8:30 am. until 5:00 p.m. excluding holidays. II. Block Party Application Processing (a) Application Intake. Planning Department staff shall be responsible for intake of Block Party Applications and dissemination to appropriate City staff for review and approval. The application fee and signed Block Party Petition must be submitted with the application. (b) Approval. The City will issue an approval or denial no later than 20 days after the application date whenever possible. You will be provided with a signed, approved permit which you should keep available during the block party. Any approval is granted for the date and time specified only. No alternate dates or times are permitted without submitting an additional application and fee. (c) Application Denial. Where City staff reviews an Application and denies same, it shall state in writing the reasons for the denial. (d) Unpaid Invoices Due the City. Any past due fees/invoices owed to the City may result in denial of the application and/or future requests. III. Event Requirements All permittees must adhere to the following rules and regulations. Failure to do so may result in the applicant being held responsible for any damages and/or denial of future applications. (a) Applicant. The applicant must reside on the block and is responsible for the event including obtaining and returning barricades, set up and removal of barricades, cleanup of the public right of way, and maintaining a 10-foot wide clear lane for emergency vehicles. (b) General Conditions. The Block Party may take place during daylight hours only. No admission fees may be charged. Entertainment must not interfere with neighbors who do not live on -1- the block. All participants must comply with all local, state, and federal laws, codes, and regulations. No parked or moving vehicles shall be located within the venue during the event. Block Party applications will be considered once per year per block. The city limits Block Parties to five per year per neighborhood. (c) Block Party Petitions. All residents on the block must be contacted before the application is submitted. For multi-unit dwellings/apartments, each unit must be contacted. At least 51% of the residents on the block must be in favor of the party and must complete and sign the “Block Party Petition” form. (d) Street Closure. Block parties may only be held on local streets approved by the City Engineer. Only one block may be closed for one day for each Block Party. The street must be accessible to emergency vehicles and personnel at all times. No block parties will be approved on major streets or bus routes. Approved special events, planned road work, and other factors will be considered when reviewing applications. The applicant must make access arrangements for businesses and residents on the street to be closed, and all sidewalks must remain open for public use. Barricades may be put in place to close streets up to 2 hour(s) prior to start of event, to allow for set-up. The street must be clean, free of equipment, and restored to public access with the barricades removed within one hour of the conclusion of the Block Party. (e) Barricades. City-owned barricades are to be used for all street closures. No other items can be used to block the street. Barricades must be used during daylight hours only, and must be easily removed for access by emergency vehicles. The applicant must pick up and return barricades to the Department of Public Works, 1350 E. Keating Avenue. Costs to replace or repair any damaged barricades will be invoiced to the applicant. (f) Damages. The city reserves the right to charge the applicant for costs relating to damages to city property and/or equipment. (g) Inflatables. Inflatables, tents, and other items requiring staking are strictly prohibited on city property, including the roadway, sidewalks, and terraces (the area between the street and sidewalk). (h) Site Clean-up and Trash Disposal. The Applicant shall be responsible for clean-up of City property after the event. This includes the removal of trash from the site (do not leave full trash cans on site). The City shall have the right to enforce cleanup measures, including but not limited to entry and cleaning of property by City personnel with costs charged to the property owner or event applicant. The fee for clean-up done by city personnel is $60.00 per hour. (i) Noise. Block Party participants must comply with the city’s noise ordinance. Applicants are instructed to be particularly mindful of parties near churches, schools, hospitals, and other properties more sensitive to noise. (j) Liability Insurance. The applicant must provide proof of $300,000 liability insurance coverage naming the City of Muskegon as an additional insured. You may use an insurance agent of your choice. Please inform your insurance agent that the wording on the certificate must read: “The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof; it is understood and agreed that by naming the City of Muskegon as additional insured, coverage afforded is considered to be primary and any other insurance the City of Muskegon may have in effect shall be considered secondary and/or excess.” An acceptable certificate of insurance must be submitted no later than 10 days before the event date. (k) Compliance with all regulations. Block Party applicants/organizations are responsible to ensure that all applicable laws and ordinances are followed. Failure to comply with all city ordinances, rules and regulations may result in the denial of future block party requests. -2- BLOCK PARTY – QUICK REFERENCE GUIDE * BEFORE * 1. Review the City’s “Block Party Policy”. 2. Make sure your proposed location is not on a restricted street (no major streets or bus routes). 3. Contact an insurance agent to obtain a liability insurance policy covering your event. 4. Contact all neighbors on the affected block and obtain the required signatures on the “Block Party Petition” 5. Complete the “Block Party Application”. 6. Visit the Planning Department in City Hall (room 202) to submit the application, fee, signed petition, and proof of liability insurance. You will be notified of application approval or denial within 20 days of application submission 7. Pick up barricades from the Department of Public Works building at 1350 E Keating Ave. between 9:00 AM and 3:00 PM Monday through Friday, excluding holidays. Note that they are not open on Saturday or Sunday! * DURING * 1. Have your signed/approved Block Party Permit available 2. Make sure no vehicles are parked in the block party area 3. Set up barricades at both ends of the block – you may set out barricades up to 2 hours before event start time. 4. Maintain a 10-foot clear lane for emergency vehicles * AFTER * 1. Make sure all trash is picked up and removed from the area 2. Remove street barricades 3. Return barricades to Department of Public Works building -3- 2020 CITY OF MUSKEGON BLOCK PARTY APPLICATION An application is required for any Block Party using City property. The application and fee must be submitted to the City of Muskegon Planning Department at least 30 days prior to the Block Party. Return completed application with payment to the City of Muskegon Planning Department, P.O. Box 536, 933 Terrace St., Muskegon, MI 49443-0536. Telephone: 231.724.6702 ►BLOCK PARTY FEES *Application fee may be refunded if the application is denied by the city. APPLICATION FEE $50* Application fee will not be refunded if event is cancelled by the applicant. CLEANING FEE **Will be charged to the applicant after the event if city property is not returned to its $60/hour** original condition and/or trash is left on city property. If required ► I. BLOCK PARTY SUMMARY NEIGHBORHOOD BLOCK PARTY DATE Must be between May 1 and October 31 START: END: TIME OF BLOCK PARTY Start and end times must be during daylight hours STREET TO BE CLOSED STREET NAME: BETWEEN WHICH STREETS (limited to one block only) STREET NAME: ► II. APPLICANT INFORMATION APPLICANT / RESPONSIBLE PARTY’S NAME APPLICANT ADDRESS APPLICANT PHONE NO(s). APPLICANT E-MAIL ADDRESS CONTACT NAME & PHONE NUMBER DURING EVENT Representative must be on site and available during event hours ► III. LIABILITY WAIVER APPLICANT(S) voluntarily agree, understand and recognize that participants will have no right to make a claim or file a lawsuit against the City arising out of the use of City property. Use of City facilities is at your own risk, with participants exercising his/her own free choice to participate voluntarily in this activity, and participants assume responsibility for any and all such risks and dangers. Page | 1 ► IV. REQUIREMENTS OF THE BLOCK PARTY PERMIT 1. Applicant shall comply with all rules and regulations of the City of Muskegon Block Party Policy. 2. Applicant shall comply with all City of Muskegon Ordinances. 3. Applicant shall save the City of Muskegon harmless from all claims. 4. At least 51% of the residents on the block must be in favor of the party and must sign the petition. 5. City property will be left clean and free of litter. Failure of the applicant to satisfactorily clean the site may result in the City cleaning the site and billing the applicant for its services. 6. The City reserves the right to deny changes to the application once final approval is given. 7. Failure to provide any requested information in a timely manner or providing false information may result in denial or revocation of the block party permit. With my signature, I certify that I have read and agree to the City of Muskegon Block Party Policy and all items listed on this application. I further certify that I have contacted all households and/or businesses on the affected block and have obtained their signatures on the Block Party Petition form which is included with this application. I agree to abide by all applicable ordinances & regulations. ______________________________________________________________________________________ Signature of Applicant Date Thank you for helping us help you make your event safe and successful. Block party application submission checklist: _____ City of Muskegon Block Party Application _____ $50 application fee _____ Block Party Petition with neighbor signatures _____ Copy of Liability Insurance Policy CITY STAFF USE ONLY: Approved by: ___________________________________________________________________ ________________________ Name Date ___________________________________________________________________ Title Page | 2 City of Muskegon BLOCK PARTY PETITION APPLICANT’S NAME(S) BLOCK PARTY DATE Must be between May 1 and October 31 START: END: TIME OF BLOCK PARTY Start and end times must be during daylight hours STREET TO BE CLOSED STREET NAME: BETWEEN WHICH STREETS (limited to one block only) STREET NAME: We, the undersigned, have been notified that the applicant(s) listed above is/are organizing a block party to be held on the street I/we live on. By signing this petition, I/we indicate that we are not opposed to the event and understand that that the street listed above will be closed to vehicular traffic during the times of the party shown above. Printed name & signature of block resident Address 1.________________________________________________________ _____________________________ 2.________________________________________________________ _____________________________ 3.________________________________________________________ _____________________________ 4.________________________________________________________ _____________________________ 5.________________________________________________________ _____________________________ 6.________________________________________________________ _____________________________ 7.________________________________________________________ _____________________________ 8.________________________________________________________ _____________________________ 9.________________________________________________________ _____________________________ 10._______________________________________________________ _____________________________ 11._______________________________________________________ _____________________________ 12._______________________________________________________ _____________________________ 13._______________________________________________________ _____________________________ 14._______________________________________________________ _____________________________ Use back of sheet for additional signatures if necessary. If you have concerns about the City of Muskegon approving this block party or if you have questions about the block party permitting process, please contact the Planning Department at (231) 724-6702.