§ 12.08.060. Permit requirements for short term encroachments.

No short term encroachment shall be allowed in the dedicated public right-of-way except in compliance with the terms of a permit to be granted by the Chief of Police. A separate permit must be obtained for each separate event to be held on public right-of-way and shall remain in force for a maximum period of three days unless permission to encroach for a longer period is granted by resolution of the City Council.

A necessary condition of granting a short term encroachment permit is that the applicant must be sponsored by or represent a local merchant association or community organization, except that in residential areas an applicant may be granted a short term encroachment permit to hold a block party when he or she represents a majority of residents on the concerned block. Any such merchant association, community organization or group of residents may semiannually sponsor only one application for short term encroachment. In commercial or industrially zoned areas the majority of the tenants must support the proposed encroachment.

A permit for short term encroachment shall contain, in addition to the requirements therefor contained in this title, such additional requirements as, in the judgment of the Chief of Police, the proposed short term encroachment shall require for public health and safety.

Upon approval of an application for a short term encroachment permit, the Chief of Police shall provide the applicant with a statement of the estimated cost of providing police officers for pedestrian and traffic control at the location described in the application. The applicant/sponsor shall be required to prepay the traffic control fees prior to the issuance of a short term encroachment permit. Traffic control includes clearing the encroachment site of unauthorized vehicles, diversion of traffic around the encroachment area, and directing pedestrian and vehicular traffic at the encroachment location.

The police personnel costs shall be computed by determining the number of police officers who will be required beyond that which would otherwise be needed at that time multiplied by the number of hours for which such additional service is rendered at the rate of the city's full overtime cost of providing officers on an hourly basis as established by the city's master fee schedule.

If the actual cost for police personnel on the dates of the encroachment are less than the estimated cost paid by the applicant/sponsor, the applicant/sponsor will be refunded the difference by the city from the general fund. If more police hours are required than originally charged, the applicant/sponsor will be billed the additional costs.

(Prior code § 6-1.57)