Sec. 746.108. - Temporary closing of State roads.

(a) Authority to request temporary closure. The Mayor, on behalf of the City, is authorized to request the temporary closure of State roads within the City in accordance with the rules of the State Department of Transportation. Before a request is filed with the State, the procedure and requirements established in this Section shall be complied with. The temporary closing of a State road may be requested under this Section only for the purposes of parades or similar activities, not related to construction, reconstruction, maintenance or emergency purposes, and no closing shall be used for commercial purposes. No State roadway may be temporarily closed except in accordance with this Section. (b) Application; liability insurance policy. (1) A person desiring to have a State roadway temporarily closed to motor vehicular traffic shall file with the City Traffic Engineer an application for the temporary closure, on a form supplied by the City Traffic Engineer. The application shall state: (i) The name and address of the applicant. (ii) The event, activity or purpose for which the temporary closure is being requested in as much detail as the City Traffic Engineer may require so that he may ascertain whether the closure meets the requirements of the State Department of Transportation. (iii) If the applicant is not the sponsor or operator of the event or activity, the name, address and principal activity or occupation of the sponsor or operator. (iv) The date on which and the length of time for which the road is sought to be closed. (2) At the same time as the application is filed with the City Traffic Engineer, the applicant shall provide the City Traffic Engineer with a liability insurance policy, in a form approved by the Office of General Counsel and by the Director of Finance and Administration, as administrator of the risk management program under Chapter 128 , in an amount not less than $50,000 for each claim and not less than $100,000 for all claims in the aggregate arising out of each occurrence in connection with the activity or event, which shall name the City as an additional insured to the extent that its sovereign immunity has been waived by the Legislature. This policy may be a policy obtained specifically for the event or activity named in the application or it may be a general liability policy which by its terms covers the activity or event named in the application. In lieu of a liability insurance policy, the applicant may provide the City Highway Engineer with a surety bond having a corporate surety authorized to do business in the State, in a form approved by the Office of General Counsel and by the Director of Finance and Administration, agreeing to hold the City harmless from any claim or liability arising out of the activity or event, to the extent that its sovereign immunity has been waived by the Legislature. (c) Evaluation and recommendation. The City Traffic Engineer shall evaluate the application and endorse thereon his recommendation as to the effect of the temporary closing on the traffic flow in the area. The Sheriff shall also evaluate the application and endorse thereon his recommendations as to traffic control and other law enforcement factors. (d) Approval by Mayor; disapproval. When the endorsements required by subsection (c) of this Section have been made on the application, it shall be forwarded to the Mayor for his consideration. If the Mayor: (1) Approves the application, the City Traffic Engineer shall prepare the documents required by the State for signature by the Mayor and any other City official specified by the State Department of Transportation in its rules, and they shall be executed by the appropriate officials. (2) Disapproves the application: (i) Conditionally, but indicates that modifications, supplements or amendments to the application or supporting documents may be made, the City Traffic Engineer shall return the application to the applicant, who may provide the modified, supplemented or amended documents and refile them. The modified supplemented or amended application shall be reviewed and evaluated as provided in subsection (c) of this Section and then considered by the Mayor, the same as if it were an original application. (ii) Finally, the City Traffic Engineer shall return the application to the applicant with the final disapproval noted thereon. (e) USDs not included. This Section does not apply to the closing of State roads in the Second, Third, Fourth or Fifth Urban Services District. (Ord. 79-554-258, § 1; Ord. 83-591-400, § 1; Ord. 2013-209-E, § 21; Ord. 2016-140-E , § 16) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization. Note— Former § 606.107.