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TRN-1.01 - Street & Sidewalk Use

STREET AND SIDEWALK USE
Administrative Rules Adopted by Council
ARC-TRN-1.01

 
Section 1 - Purpose
 
The purpose of these Administrative Regulations is to implement the provisions of Portland City Code (PCC) Chapter 7.22. These Administrative Regulations provide for issuance of permits and assessment of fees for walks, marches, parades, athletic events or other processions in streets or on sidewalks based on the need to allow such uses, to maximize the safety of street and sidewalk use participants and others, and to minimize inconvenience to the general public and disruption of public services caused by street and sidewalk use permits; and to provide the public with the opportunity to exercise contitutionally protected rights of assembly and expression.. By issuance of these Administrative Regulations, the City has attempted to provide a clear and complete description of the street and sidewalk use permit process. However, sponsors are strongly encouraged to contact the Street and Sidewalk Use Coordinator in the Bureau of Licenses at 503-823-5141 as much in advance of the street and sidewalk use as possible for assistance in completing the application and to ensure that the application may be processed in a timely manner.

 
Section 2 - Definitions
 
A. Bureau Director: The Director of the Bureau of Licenses.
 
B. City Resources: Any City service which is required to facilitate safe and orderly conduct of street and sidewalk use.
 
C. Closed Course: A method of securing a portion of a street for use by the sponsor by the use of traffic control devices.
 
D. Monitor: Person provided by sponsor who is stationed along the route to assist in the safe and orderly use of sidewalks and streets.
 
E. Organizer: An authorized representative of the sponsor and the primary contact.
 
F. Sidewalk: The portion of a street between the curb or the lateral lines of the roadway and the adjacent property lines, intended for use by pedestrians.
G. Sponsor: The person or group responsible for all aspects of street or sidewalk use.
H. Street: The entire width between the property lines of every public right-of way when any part thereof is open to the use of the public for purposes of use by vehicular traffic.
I. Street or Sidewalk Use: A walk, march, parade or athletic event held by a sponsor on streets or sidewalks which interferes with normal vehicular or pedestrian traffic and requires the use of City resources.
 
J. Street and Sidewalk Use Advisory Committee: A review body charged with assisting the Bureau of Licenses with reviewing street and sidewalk use applications and making recommendations on applications in accordance with these Administrative Regulations, and with reviewing and making recommendations on changes to the Administrative Regulations.
 
K. Street and Sidewalk Use Coordinator: The person charged with assisting sponsors with street and sidewalk use applications, coordinating with the Street and Sidewalk Use Advisory Committee, facilitating use of City resources and issuing permits.
 
L. Street and Sidewalk Use Permit: A grant of permission from the City to a sponsor that authorizes the sponsor to use designated portions of the City streets or sidewalks for a use to which is lawful, but not normally allowed. The street and sidewalk use authorized by the street and sidewalk use permit is limited by the conditions of the street and sidewalk use permit. The conditions of the street and sidewalk use permit are developed by the Street and Sidewalk Use Coordinator, in conjunction with the sponsor, based on the sponsor's application and these Administrative Regulations.
 
M. Traffic Control Devices: Barricades or other devices used to control traffic or pedestrians.

 
Section 3 - Categories of Street and Sidewalk Use Permits
 
A. The City has created the following categories of street and sidewalk use permits:
1. Small Sidewalk;
2. Large Sidewalk;
3. Street;
4. Small Parade;
5. Large Parade;
6. Small Athletic;
7. Large Athletic;
8. Extra Large Use;
9. Exceptions.
B. The City has based the categories on the following criteria:
1. The location of the street and sidewalk use on a sidewalk or pedestrian pathway, or on a street.
2. The number of participants.
3. The use of motor vehicles and/or animals.
4. The City resources required to ensure that the street and sidewalk use may be conducted in a safe manner that minimizes the inconvenience and disruption of public services caused by the street and sidewalk use.
5. The assessment of risk of personal injury or property damage that may occur as a result of the street and sidewalk use.
C. Insurance and liability agreement requirements are based on the location of the street and sidewalk use in the street, whether the street and sidewalk use requires a closed course, the use of animals and/or motor vehicles other than support vehicles, and whether the street and sidewalk use involves athletic activity.
 
D. Fees are assessed based on the amount of administration, police and maintenance support required for the category of street and sidewalk use.
    E. Summary of permit requirements:
     
    Categories
    Permit required
    Fee Required
    Insurance & Indemnity Required
    Small Sidewalk
    • Less than 200 people
    • Held on sidewalk
    • Obey all traffic regulations
    • No City support required
     
    No
     
    None
     
    No
    Large Sidewalk
    • At least 200 people
    • Held on sidewalk
    • Obey all traffic regulations
    • Minimal City support required
     
    Yes
     
    None
     
    No
    Street
    • At least 75 people
    • Held in street
    • Police (and maintenance support, if needed) because of interference with vehicular traffic
     
    Yes
     
    None
     
    No
    Small Parade
    • At least 75 people, and the combination of people, vehicles and/or animals is less than 10 blocks in length and the route is generally less than one mile long
    • Held in street
    • Limited animals or vehicles allowed
    • Police support because of interference with vehicular traffic
     
    Yes
     
    $70
     
    Yes
    Large Parade
    • At least 75 people, and the combination of people, vehicles and/or animals is greater than 10 blocks in length and the route is generally longer than one mile
    • Held in street
    • Animals or vehicles allowed
    • Police and maintenance support including mapping and traffic control devices because of interference with vehicular traffic
     
    Yes
     
    $575
     
    Yes
    Small Athletic
    • At least 200 people
    • Held in street, preapproved route
    • Sponsor supplies security, traffic and maintenance support
     
    Yes
     
    $70
     
    Yes
    Large Athletic
    • At least 750 people
    • Held in street
    • Substantial police and maintenance support because of interference with vehicular traffic, number of people and length
     
    Yes
     
    $1,150
     
    Yes
    Extra Large
    • Requires more than 120 hours of City time
    • At least 750 people
    • Spectators and/or long route
    • Animals or vehicles allowed
    • Substantial police and maintenance support because of interference with vehicular traffic, large number of people and length
     
    Yes
     
    $2,300
     
    Yes
    Exceptions
    • Only used if proposed street and sidewalk use does not fall into one of the other categories
    Yes
    TBD
    Probably
     
    F. Street and sidewalk use requirements:
    1. Small Sidewalk:
      a. Fees, Application and Permit Requirements:
        (1) Fees: None.
        (2) Application and Permit Required: No.
      b. Criteria:
      (1) Location: The small sidewalk use is held on a sidewalk or a pedestrian pathway; and
      (2) Number of Participants: It is anticipated that there will be less than 200 participants, or no more than 200 participants starting within any one hour period for the duration of the small sidewalk use; and
      (3) Use of Animals and/or Motor Vehicles: No animals and/or motor vehicles will participate; and
      (4) City Resources Required: No City resources are required because the small sidewalk use is held on the sidewalk, participants are required to cross streets only at legal crossings, and to obey all traffic regulations; and
      (5) Risk Assessment: The risk of personal injury or property damage is low because of the relatively low number of participants, because all participants will be pedestrians, no animals and/or motor vehicles will participate, the location is on the sidewalk, and because all participants are required to cross only at legal crossings and to obey all traffic regulations along the entire length of the route.
      (a) Insurance Required: No.
      (b) Liability Agreement Required: No.
      1. Large Sidewalk.
        a. Fees, Application and Permit Requirements:
        (1) Fees: None
        (2) Application and Permit Required: Yes.
        b. Criteria:
        (1) Location: The large sidewalk use is held on a sidewalk or pedestrian pathway; and
        (2) Number of Participants: It is anticipated that there will be more than a minimum of 200 participants; and
        (3) Use of Animals and/or Motor Vehicles: No animals and/or motor vehicles will participate; and
        (4) City resources required: Only minimal use of City resources is required because the large sidewalk use is held on the sidewalk, participants are required to cross streets only at legal crossings, and to obey all traffic regulations along the entire length of the route. However, because the large sidewalk use may interfere with normal pedestrian traffic due to the number of participants, administration support including route review and scheduling is required.
          (a) Administration Support:
          (i) Route Review: The sponsor in consultation with the Street and Sidewalk Use Coordinator shall designate the route. After the route has been approved by the Street and Sidewalk Use Coordinator, it may not be changed without prior written approval of the Street and Sidewalk Use Coordinator;
          (ii) Routes for large sidewalk uses shall be designed so that they do not cross streets except at legal crossing points. The City will not divert traffic or permit a closed course for the large sidewalk use;
          (iii) The sponsor shall organize the large sidewalk use to ensure that all participants remain on the sidewalk or pedestrian pathway and obey all traffic regulations along the entire length of the route. Sponsor shall submit a plan to the Street and Sidewalk Use Coordinator, with the application, describing how the sponsor plans to ensure compliance with this section, including provision of monitors;
          (iv) The method of marking the route shall be submitted to the Street and Sidewalk Use Coordinator with the application. Painting, or other methods that will cause damage to the sidewalk, street or other fixtures is prohibited. All route markings shall be removed within 24 hours of the conclusion of the large sidewalk use.
          (v) Scheduling: To avoid conflicts and to minimize public inconvenience, it is necessary for the large sidewalk use to be scheduled. Scheduling includes picking a date that does not conflict with other street and sidewalk use or other activities on the route.
        (5) Risk Assessment: The risk of personal injury or property damage is low even though there may be a relatively large number of participants because all participants will be pedestrians, no animals or motor vehicles will participate, the location is on the sidewalk, and because all participants are required to cross only at legal crossings and to obey all traffic regulations.
        (a) Insurance Required: No.
          (b) Liability Agreement Required: No.
    3. Street.
      a. Fees, Application and Permit Requirements:
      (1) Fees: None
      (2) Application and Permit Required: Yes.
      b. Criteria:
      (1) Location: The street use is held in the street; and
      (2) Number of Participants: It is anticipated that there will be more than 75 participants; and
      (3) Use of Animals and/or Motor Vehicles: No animals and/or motor vehicles, other than support vehicles, will participate; and
      (4) City Resources Required: Use of City resources is required because the street use is held in the street and will interfere with normal vehicular traffic.
      (a) Administration Support:
      (i) Route Review: The sponsor in consultation with the Street and Sidewalk Use Coordinator shall designate the route of at least four blocks. After the route has been approved by the Street and Sidewalk Use Coordinator it may not be changed without prior written approval of the Street and Sidewalk Use Coordinator;
      (ii) The sponsor shall organize the street use to ensure that all participants remain on the designated route, and obey instructions of police officers and traffic control devices, if any, along the entire length of the route. Sponsor shall submit a plan to the Street and Sidewalk Use Coordinator, with the application, describing how the sponsor plans to ensure compliance with this section, including provision of monitors. A closed course may be required;
      (iii) No route markings are permitted without prior written approval of the Street and Sidewalk Use Coordinator.
      (iv) Scheduling: To avoid conflicts and to minimize public inconvenience, it is necessary for the street use to be scheduled. Scheduling includes picking a date that does not conflict with other street and sidewalk use or other activities on the route, and arranging maintenance support if needed, and police support.
      (b) Police Support: Street uses require police support; and;
      (c) Maintenance Support:
      (i) Maps: Mapping of the route may be required; and;
      (ii) Traffic Control Devices: The City may provide traffic control devices; and
      (5) Risk Assessment: The risk of personal injury and property damage is moderate because there may be large numbers of participants and the location is in the street. The risk is somewhat alleviated since no animals or vehicles will participate, and by use of police support or a closed course.
      (a) Insurance Required: No.
      (b) Liability Agreement Required: No.
    4. Small Parade.
      a. Fees, application and permit requirements:
      (1) Fees: $70.00 Administration Support.
      (2) Application and Permit Required: Yes.
      b. Criteria:
      (1) Location: The small parade is held in the street; and
      (2) Number of Participants: It is anticipated that there will be a minimum of 75 participants, and the combination of people, vehicles and/or animals will not exceed ten blocks in length, and generally the route will be less than one mile; and
      (3) Use of Animals or Motor Vehicles: Small numbers of animals and/or motor vehicles may participate; and
      (4) City Resources Required: Use of City resources is required because the small parade is held in the street and will interfere with normal vehicular traffic.
      (a) Administration Support:
      (i) Route Review: The sponsor in consultation with the Street and Sidewalk Use Coordinator shall designate the route. After the route has been approved by the Street and Sidewalk Use Coordinator it may not be changed without prior written approval of the Street and Sidewalk Use Coordinator;
      (ii) The sponsor shall organize the small parade to ensure that all participants remain on the designated route, and obey instructions of police officers along the entire length of the route. Sponsor shall submit a plan to the Street and Sidewalk Use Coordinator, with the application, describing how the sponsor plans to ensure compliance with this section including provision monitors;
      (iii) No route markings are permitted without prior written approval of the Street and Sidewalk Use Coordinator.
      (iv) Scheduling: To avoid conflicts and to minimize public inconvenience, it is necessary for the small parade to be scheduled. Scheduling includes picking a date that does not conflict with other street and sidewalk use or other activities on the route, and arranging for police support.
      (b) Police Support: Small parades require police support.
      (5) Risk Assessment: The risk of personal injury and property damage is moderate to high because the small parade is held in the street, may have large numbers of participants, and will use animals and/or vehicles.
      (a) Insurance Required: Yes.
      (b) Liability Agreement Required: Yes
      5. Large Parade.
        a. Fees, application and permit requirements:
        (1) Fees: $115.00 Administration Support
        $287.50 Police Support
        $172.50 Maintenance Support
        $575.00 Total.
        (2) Application and Permit Required: Yes.
        b. Criteria:
        (1) Location: The large parade is held in the street; and
        (2) Number of Participants: It is anticipated that there will be a minimum of 75 participants, and the combination of people, vehicles and/or animals will exceed ten blocks in length and generally the route will be longer than one mile; and
        (3) Use of Animals or Motor Vehicles: Animals and/or motor vehicles may participate; and
        (4) City Resources Required: Use of City resources is required because the large parade is held in the street and will interfere with normal vehicular traffic.
            (a) Administration Support:
            (i) Route Review: The sponsor in consultation with the Street and Sidewalk Use Coordinator shall designate the route. After the route has been approved by the Street and Sidewalk Use Coordinator it may not be changed without prior written approval of the Street and Sidewalk Use Coordinator;
            (ii) The sponsor shall organize the large parade to ensure that all participants remain on the designated route, and obey instructions of police officers and traffic control devices along the entire length of the route. Sponsor shall submit a plan to the Street and Sidewalk Use Coordinator, with the application, describing how the sponsor plans to ensure compliance with this section including provision of monitors. A closed course is required;
            (iii) No route markings are permitted without the prior written approval of the Street and Sidewalk Use Coordinator.
            (iv) Scheduling: To avoid conflicts and to minimize public inconvenience, it is necessary for the large parade to be scheduled. Scheduling includes picking a date that does not conflict with other street and sidewalk use or other activities on the route, and arranging police and maintenance support.
            (b) Police Support: Police support is required.
            (c) Maintenance Support:
            (i) Maps: A traffic control plan and maps of intersections may be required for use of police support and monitors.
            (ii) Traffic Control Devices: The City may provide traffic control devices; and
          (5) Risk Assessment: The risk of personal injury and property damage is moderate to high because the large parade is held in the street, may have large numbers of participants, and will use animals and/or motor vehicles.
            (a) Insurance Required: Yes.
            (b) Liability Agreement Required: Yes.
      6. Small Athletic.
        a. Fees, Application and Permit Requirements:
        (1) Fees: $70.00 Administration Support.
        (2) Application and Permit Required: Yes.
        b. Criteria:
        (1) Location: The small athletic use is held on an uncongested street, generally on a pre-approved route; and
        (2) Number of Participants: It is anticipated that there will be a minimum of 200 participants; and
        (3) Use of Animals and/or Motor Vehicles: Animals and/or motor vehicles may participate; and
        (4) City Resources Required: Use of City resources is minimized because the sponsor is required to pay off-duty police officers to support the use, and the sponsor is required to follow the traffic control plan established by the City Traffic Engineer, including provision of traffic control devices. Therefore, only administration support, including route review and scheduling, is required.
            (a) Administration Support:
            (i) Route Review: Small athletic uses shall be held on established routes that are pre-approved by the Street and Sidewalk Use Review Committee. Sponsors may request exceptions to established routes subject to the approval of the Street and Sidewalk Use Coordinator. After the route has been approved no changes may be made without prior written approval of the Street and Sidewalk Use Coordinator;
            (ii) The sponsor shall organize the small athletic use to ensure that all participants remain on the designated route, obey instructions of police officers, and traffic control devices along the entire length of the route. Sponsor shall submit a plan to the Street and Sidewalk Use Coordinator, with the application, describing how the sponsor plans to ensure compliance with this section, including provision of police officers, traffic control devices, and monitors. A closed course is required;
            (iii) No route markings are permitted without the prior written approval of the Street and Sidewalk Use Coordinator.
            (iv) Scheduling: To avoid conflicts and to minimize public inconvenience, it is necessary for the small athletic use to be scheduled. Scheduling includes picking a date that does not conflict with another street and sidewalk use or other activities on the route, facilitating police support and the implementation of the traffic control plan.
          (5) Risk Assessment: The risk of personal injury or property damage is moderate because the small athletic use is held at least in part in the street and will interfere with normal vehicular traffic, there may be relatively large numbers of participants, will involve athletic activity, and there may be animals and/or vehicles involved.
            (a) Insurance Required: Yes.
            (b) Liability Agreement Required: Yes.
          (6) Other factors for all athletic uses:
            (a) Except for small athletic uses, athletic uses that require the continuous support of the Police Bureau are limited to two per month.
            (b) Athletic uses that consist of road runs shall be held on Sundays or holidays, with starting times no later than 9:00 a.m. Exceptions are permitted only with prior written approval of the Street and Sidewalk Use Coordinator.
            (c) The tail cars for athletic uses that consist of road runs shall maintain an overall pace of 12 minutes per mile, and the City will only control the course in front of the tail car. The police supervisor may adjust the pace as necessary for the safety of the runner participants.
      7. Large Athletic.
      a. Fees, permit and application requirements:
          (1) Fees: $190.00 Administration Support
          $580.00 Police Support
          $380.00 Maintenance Support
          $1,150.00 Total.
          (2) Application and Permit Required: Yes.
        b. Criteria:
          (1) Location: The large athletic use is held in the street; and
          (2) Number of Participants: It is anticipated that there will be a minimum of 750 participants; and
          (3) Use of Animals and/or Motor Vehicles: No animals and/or motor vehicles, other than support vehicles, will participate; and
          (4) City Resources Required: Use of City resources is required because the large athletic use is held in the street and will interfere with normal vehicular traffic, will have large numbers of participants, and will involve athletic activity.
          (a) Administration Support:
          (i) Route Review: The sponsor in consultation with the Street and Sidewalk Use Coordinator shall designate the route. After the route has been approved by the Street and Sidewalk Use Coordinator it may not be changed without prior written approval of the Street and Sidewalk Use Coordinator;
          (ii) The large athletic use sponsor shall organize the large athletic use to ensure that all participants remain on the designated route, and obey instructions of police officers and traffic control devices along the entire length of the route. Sponsor shall submit a plan to the Street and Sidewalk Use Coordinator, with the application, describing how the sponsor plans to ensure compliance with this section including provision of monitors. A closed course is required;
          (iii) No route markings are permitted without the prior written approval of the Street and Sidewalk Use Coordinator;
          (iv) Routes for large sidewalk uses held in conjunction with large athletic uses shall be designed so that they do not cross the large athletic use route or any locations where motor vehicle traffic is allowed to cross the large athletic use route.
          (v) Scheduling: To avoid conflicts and to minimize public inconvenience, it is necessary for the large athletic use to be scheduled. Scheduling includes picking a date that does not conflict with other street and sidewalk use or other activities on the route, and arranging police and maintenance support.
          (b) Police Support: Police support is required.
          (c) Maintenance Support:
          (i) Maps: A traffic control plan and maps of intersections are required for use of police support and monitors.
          (ii) Traffic Control Devices: The City provides traffic control devices; and
          (5) Risk Assessment: The risk of personal injury and property damage is high because the large athletic use is held in the street, will have large numbers of participants, and will involve athletic activity.
          (a) Insurance Required: Yes.
          (b) Liability Agreement Required: Yes.
          (6) Other factors for all athletic uses:
          (a) Except for small athletic uses, athletic uses that require the continuous support of the Police Bureau are limited to two per month.
          (b) Athletic uses that consist of road runs shall be held on Sundays or holidays, with starting times no later than 9:00 a.m. Exceptions are permitted only with prior written approval of the Street and Sidewalk Use Coordinator.
          (c) The tail cars for athletic uses that consist of road runs shall maintain an overall pace of 12 minutes per mile, and the City will only control the course in front of the tail car. The police supervisor may adjust the pace as necessary for the safety of the runner participants.
      8. Extra Large Use.
      A street and sidewalk use that requires more than 120 hours of City staff time to coordinate, plan and execute.
      a. Fees, Application and Permit Requirements:
          (1) Fees: $345.00 Administration Support
          $1,195.00 Police Support
          $760.00 Maintenance Support
          $2,300.00 Total.
          (2) Application and Permit Required: Yes.
        b. Criteria:
          (1) Location: The extra large use is held in the street; and
          (2) Number of Participants: It is anticipated that there will be more than a minimum of 750 participants and/or spectators; and
          (3) Use of Animals and/or Motor Vehicles: Animals and/or motor vehicles may participate; and
          (4) City Resources Required: Use of City resources is required because the extra large use is held in the street and will interfere with normal vehicular traffic, and because of the large numbers of participants and/or spectators which will require extensive traffic and crowd control measures.
          (a) Administration Support:
          (i) Route Review: The sponsor in consultation with the Street and Sidewalk Use Coordinator shall designate the route. After the route has been approved by the Street and Sidewalk Use Coordinator it may not be changed without prior written approval of the Street and Sidewalk Use Coordinator;
          (ii) The sponsor shall organize the extra large use to ensure that all participants remain on the designated route, and obey instructions of police officers and traffic control devices along the entire length of the route. Sponsor shall submit a plan to the Street and Sidewalk Use Coordinator, with the application, describing how the sponsor plans to ensure compliance with this section including provision of monitors. A closed course is required;
          (iii) No route markings are permitted without prior written approval of the Street and Sidewalk Uses Coordinator.
          (iv) Scheduling: To avoid conflicts and to minimize public inconvenience, it is necessary for the very large use to be scheduled. Scheduling includes picking a date that does not conflict with other street and sidewalk use or other activities on the route, and arranging police and maintenance support.
          (b) Police Support: Police support is required.
          (c) Maintenance Support:
          (i) Maps: A traffic control plan and maps of intersections are required for use of police support and monitors.
          (ii) Traffic Control Devices: The City provides traffic control devices; and
          (5) Risk Assessment: The risk of personal injury and property damage is high because the very large use is held in the street, will have large numbers of participants and/or spectators, and may involve animals and/or motor vehicles.
          (a) Insurance Required: Yes.
          (b) Liability Agreement Required: Yes.
          (6) Other factors for all athletic uses, including extra large uses that include athletic activity:
          (a) Except for small athletic uses, athletic uses that require the continuous support of the Police Bureau are limited to two per month.
          (b) Athletic uses that consist of road runs shall be held on Sundays or holidays, with starting times no later than 9:00 a.m. Exceptions are permitted only with prior written approval of the Street and Sidewalk Use Coordinator.
          (c) The tail cars for athletic uses that consist of road runs shall maintain an overall pace of 12 minutes per mile, and the City will only control the course in front of the tail car. The police supervisor may adjust the pace as necessary for the safety of the runner participants.
      9. Exceptions.
      If a sponsor wants to sponsor a street and sidewalk use that does not fall into one of the categories listed above, the sponsor shall complete an application describing the proposed street and sidewalk use, and submit it to the Bureau of Licenses. The Street and Sidewalk Use Coordinator will contact the sponsor to develop a plan to stage the exceptional street and sidewalk use, based on the criteria listed in section 3. B of these Administrative Regulations. Exceptions are subject to review by the Street and Sidewalk Advisory Review Committee.

       
      Section 4 - Other Permits
       
      A. The street and sidewalk use permit covers only activities on a sidewalk or pedestrian pathway or on a street. It is the responsibility of the sponsor to obtain any other permit that may be required for a particular use. Permits for other uses may be obtained from the following agencies:
      1. Parks use:
      a. City Parks, Portland Parks and Recreation.
      b. Schrunk Plaza, U. S. General Services Administration.
      c. Pioneer Courthouse Square, Pioneer Courthouse Square Office.
      2. Amplified sound, City Noise Control Officer.
      3. Structure erected in or over a street, City Street Systems Division.
      4. Use of Bridges, Contact Street and Sidewalk Use Coordinator for information regarding specific bridges.
      5. Bridge closure (30 day notice required), Multnomah County Bridge Division.
      6. Food service, Multnomah County Health Division.
      7. Alcoholic beverages, Oregon Liquor Control Commission.
      8. Light rail or bus routes, TriMet.
      9. Block parties, Portland Office of Neighborhood Involvement.
      10. Community events, Portland Department of Transportation.
      B. Telephone numbers and addresses for these agencies are available at the Bureau of Licenses.

       
      Section 5 - Street and Sidewalk Use Review Committee
       
      A. The Street and Sidewalk Use Advisory Committee shall be composed of representatives from the following:
        1. Bureau of Licenses (Chair);
        2. Bureau of Police;
        3. Bureau of Fire;
        4. Bureau of Maintenance;
        5. Tri-Met;
        6. Bureau of Transportation Engineering;
        7. Bureau of Traffic Management;
        8. Parks and Recreation;
        9. Office of Neighborhood Involvement; and
        10. Three citizen representatives.
      B. The Street and Sidewalk Use Advisory Committee shall be charged with the following duties:
      1. It shall develop pre-approved routes for small athletic uses; and
      2. It shall review applications for exceptional uses based on the criteria listed in section 7.A.1 of these Administrative Regulations; and
      3. It shall review proposed changes to these Administrative Regulations and make recommendations on the changes to the Bureau Director; and
      4. It shall determine whether a closed course is required for a category of street and sidewalk use; and
      5. It shall review and make recommendations on objections to closed course street and sidewalk use applications; and
      6. It shall assist the Street and Sidewalk Use Coordinator in the performance of the Coordinator’s duties as needed..
      7. It shall periodically review the effectiveness of City resources provided for permitted uses.

       
      Section 6 - Application Process
       
      A. For every street and sidewalk use for which a permit is required, the sponsor shall complete an application on a form provided by the Bureau of Licenses and file the application at the Bureau of Licenses, 1900 SW Fourth Ave., Room 3500, Portland, OR 97204.
       
      B. All applicants are encouraged to contact the Street and Sidewalk Use Coordinator at the Bureau of Licenses as soon as possible prior to the street and sidewalk use date to discuss the desired date and planning and issuance of the permit.
       
      C. Applications for the following categories of street and sidewalk uses should be filed no later than 30 days prior to the date of the street and sidewalk use to allow the City and the sponsor sufficient time to plan the street and sidewalk use. Applications filed less than 30 days prior to the date of the street and sidewalk use may be denied if there is not sufficient time available to the Bureau of Licenses to process them.
      1. Large Parade
      2. Small Athletic
      3. Large Athletic
      4. Extra Large
      5. Exceptions
      D. All other applications should be filed as soon as possible preceeding the street and sidewalk use to ensure ample time for processing the application, scheduling of City resources and issuance of the permit prior to the street and sidewalk use date.
       
      E. Except for annual street and sidewalk uses, no date shall be reserved until a completed application is filed with the Bureau of Licenses and contact has been made with the Street and Sidewalk Use Coordinator.
      F. Applications for annual street and sidewalk uses:
      1. An annual street and sidewalk use is a specific use that recurs annually on or about the same date each year.
      2. Dates for annual street and sidewalk uses shall be reserved until January 31 of each year. Sponsor shall file a completed application with the Bureau of Licenses no later than January 31, or the annual street and sidewalk use date may be considered open and available. The Bureau of Licenses shall send a reminder letter to sponsors of annual street and sidewalk uses advising them of their responsibility to apply prior to January 31.
      3. The Street and Sidewalk Use Coordinator shall review applications for annual street and sidewalk uses to determine if the application is in fact for the same use held the prior year. This review shall be based on the following factors: name, date, time, route requested, and sponsor.
      4. Annual street and sidewalk uses that fail to comply with the requirements of PCC Chapter 7.22 and these Administrative Regulations shall be placed on probation for one year. If the annual street and sidewalk use meets the requirements in the probationary year, its annual status will be reinstated. If it fails to comply in the probationary year, the use will lose annual status. On written request of the sponsor of an annual use that has lost annual status, an application may be processed as a street and sidewalk use as otherwise provided by these Administrative Regulations.
      G. Application Fees, Refunds and Fee Waiver:
      1. Application Fees:
      a. Application fees shall be submitted with the application based on the category of street and sidewalk use requested. The application fees are as follows:
      (1) Small Sidewalk None
      (2) Large Sidewalk None
      (3) Street None
      (4) Small Parade $70.00
      (5) Large Parade $575.00
      (6) Small Athletic $70.00
      (7) Large Athletic $1,150.00
      (8) Extra Large $2,300.00
      (9) Exceptions To be determined based on the City resources required for the use.
      b. The Bureau of Traffic Management representative on the Street and Sidewalk Use Advicory Committee shall determine if extra services are required for large parade, large athletic, extra large or exceptions. If extra services are determined to be required, the Street and Sidewalk Use Coordinator shall notify the sponsor of the extra services required and the amount of the fee for those extra services. Fees for extra services shall be paid to the Bureau of Liceses prior to the date of the use. Fees for extra services per street and sidewalk use are as follows:
      (1) Signal modification $288.00
      (2) Street sweeping $288.00
      (3) Ramps for floats $288.00
      c. The amount of application fees shall be reviewed every three years. The escalation of application fees shall be based on the percentage increase of the Consumer Price Index for the year preceding review over the then current fee amount. The index to be used shall be the Consumer Price Index, Urban Wage Earners and Clerical Workers; Portland/Salem published by the United States Department of Labor, Bureau of Labor Statistics. The change in fee, if any, shall take effect as of the anniversary of the previous effective date of the fees. In no event shall the adjustment serve to reduce the fees below the then current level. The Director may determine that fee escalation is not necessary even if the Consumer Price Index indicates an escalation may be made.
      2. Refunds:
      a. Permit Denied: If a permit is denied after review as provided by section 7 of these Administrative Regulations, the fee shall be refunded to the sponsor, minus the administration portion of the fee. See PCC 7.22.060 and section 12 of these Administrative Regulations for the appeal process.
      b. Cancellation: If a street and sidewalk use is cancelled by the sponsor after a permit is issued, and written notice is received by the Bureau of Licenses more than fourteen days prior to the street and sidewalk use, the permit fee, less the administration portion of the fee shall be refunded to the sponsor. If cancellation occurs within fourteen days of the street and sidewalk use, no refund shall be made to the sponsor.
      3. Waivers:
      a. Permit Fees: A sponsor that is unable to pay the permit fee may request a permit fee waiver. A request for waiver of the permit fee must be in writing and filed with the Bureau of Licenses. The Street and Sidewalk Use Coordinator may waive all or part of the permit fee. The Street and Sidewalk Use Coordinator may investigate the request for a permit fee waiver to determine if it is justified.
      b. Criteria for Fee Waivers: The permit fee may be waived if:
      (1) The sponsor does not charge an entry fee to participants; or
      (2) The sponsor does not have financial backing independent of the sponsor; or
      (3) The sponsor does not charge spectators to view the use; or
      (4) The sponsor does not solicit donations from participants or spectators.
      4. Modification of Street and Sidewalk Use Permit. For Street, Small Parade, Large Parade, Small Athletic, Large Athletic, Extra Large or Exceptions, at least 75% of the minimum number of participants must be present within 15 minutes of the designated start time for the use to proceed as planned. If inadequate participation is present, the Street and Sidewalk Use Coordinator or the police supervisor assigned to the street and sidewalk use permit may reasonably modify the permit so the use may proceed in a manner other than as planned which will not unduly require use of City resources and will minimize inconvenience to the public.
       

       
      Section 7 - Review Process
       
      A. Street and Sidewalk Use Coordinator.
      1. In order to make reasonable accomodation for all categories of uses, the Street and Sidewalk Use Coordinator shall review applications for permits based on the following criteria:
      a. The proposed street and sidewalk use can function safely; and
      b. The proposed street and sidewalk use is designated to protect the safety of participants and others; and
      c. The required City resources, including administrative, police and maintenance support are available to support the proposed street and sidewalk use and the proposed street and sidewalk use will not deny reasonable City services, including police protection, to the City; and
      d. The proposed street and sidewalk use will not cause undue interference with previously approved construction, maintenance or other activities, including other street and sidewalk uses; and
      e. The proposed street and sidewalk use will not cause undue interference with public transit systems or the use of rights-of-way and will not unduly inconvenience the general public; and
      f. The date the application is received by the Bureau of Licenses.
      2. Closed Course Review.
      a. The Street and Sidewalk Use Coordinator shall determine whether a particular street or sidewalk use requires a closed course.
      b. For closed course street and sidewalk uses that restrict access for six hours or more, the sponsor shall obtain permission of property owners and tenants whose property is enclosed by or abuts the closed course, and submit written evidence of permission to the Bureau of Licenses.
      (1) If there are objections to the closed course, the Street and Sidewalk Use Coordinator will review them and attempt to mediate. If concerns remain after mediation, the closed course street and sidewalk use application shall be referred back to the Street and Sidewalk Use Advisory Committee for review and recommendation.
      (2) If all concerns are resolved, the Street and Sidewalk Use Coordinator shall issue a permit for a closed course street and sidewalk use.
      B. License Bureau.
      1. Based on the review required by section 7. A. of these Administrative Regulation, the Street and Sidewalk Use Coordinator may issue a permit, or if the application for the street and sidewalk use does not comply with these Administrative Regulations or PCC Chapter 7.22, the Street and Sidewalk Use Coordinator may deny a permit or offer a modification of the requested permit. The Street and Sidewalk Use Coordinator shall notify the sponsor in writing of the disposition of the application. A permit that is denied or modified may be appealed as provided in PCC 7.22.060 and section 12 of these Administrative Regulations.
      2. The Street and Sidewalk Use Coordinator may limit the number of street and sidewalk uses based on the availability of City resources.
      3. For small parades, large parades, small athletic, large athletic, extra large uses, or exceptions, the Street and Sidewalk Use Coordinator may require a sponsor to submit status reports on planning for the street and sidewalk use and the financial commitment of sponsors at any time after the application is filed and before the street and sidewalk use occurs. If the Street and Sidewalk Use Coordinator determines, based on the status reports, that the street and sidewalk use is underfunded or that planning is insufficient so that the street and sidewalk use is likely to fail, the Street and Sidewalk Use Coordinator may deny or revoke the permit within a reasonable time before the date of the street and sidewalk use.

       
      Section 8 - Monitors
      A. Sponsors of street and sidewalk uses shall provide monitors and instruct the monitors in methods to assist in staging a safe and orderly street and sidewalk use.
      B. Monitors must be easily identifiable through a means such as a badge, arm band, bib, shirt, or cap.
       
      C. The Bureau of Traffic Management representative on the Street and Sidwealk Use Advisory Committee shall prepare a traffic control plan for large parades, small athletic, large athletic, extra large and exceptions. The traffic control plan shall indicate the locations where monitors shall be present and shall provide guidelines or monitor use and barricade locations.
       
      D. The Street and Sidewalk Use Coordinator and the Street and Sidewalk Use Advisory Committee shall assist the sponsors of street and small parade uses in determining the recommended number of monitors and their function.
       
      E. The Street and Sidewalk Use Coordinator may request proof of sufficient numbers of monitors from sponsors of large parade, small athletic, large athletic, extra large or exceptions. Proof shall consist of names and contact information, and the means of identifying monitors as provided in section 8. B. of these Administrative Regulations. Proof shall be provided to the Street and Sidewalk Use Coordiantor five workign days prior to the date of the use.
       
      F. The Street and Sidewalk Use Coordiantor or the police supervisor assigned to the street and sidewalk use permit may request that the sponsor of street uses and small parades provide proof of sufficient monitors, and the means of identifying the monitors as provided by section 8. B. of these Administrative Regulations immediately prior to the start of the use. Proof shall be int he form of a head count of monitors present.

       
      Section 9 - Publicity
       
      A. Sponsors are advised not to publicize proposed street and sidewalk uses until after receipt of the permit from the Bureau of Licenses to avoid publication of misinformation. Sponsors who disregard this precaution shall not receive special consideration in determining approval for the proposed street and sidewalk uses because of advance preparation or the expenditure of money.
       
      B. Sponsors of large athletic, large parades, extra large uses, uses with a closed course and possibly exceptions shall notify residential complexes, neighborhood groups, businesses and churches which will be affected by the street and sidewalk use. The notification shall be made not less than fourteen (14) days before the street and sidewalk use date. The notification shall be in writing and shall include the name and telephone number of the appropriate City official to contact in case of questions or concerns. A sample form of notification is available at the Bureau of Licenses. A copy of the actual form of notification shall be sent to the Bureau of Licenses not less than six (6) days before the street and sidewalk use date with a list of those notified.

       
      Section 10 - Insurance and Liability Agreement
       
      A. Insurance
      1. Proof of public liability and property damage insurance as provided in section 2. below shall accompany applications for small parades, large parades, small athletic, large athletic, extra large uses, and possibly exceptions.
      2. The sponsor shall maintain public liability and property damage insurance that protects the sponsor and the City and its officers, agents and employees from any and all claims, demands, actions and suits for damage to property or personal injury, including death, arising from the sponsor's street and sidewalk use. The insurance shall provide coverage for not less than $200,000 for personal injury to each person, $500,000 for each occurrence, and $500,000 for each occurrence involving property damage; or a single limit policy of not less than $500,000 covering all claims per occurrence. The limits of the insurance shall be subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon. The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds the City and its officers, agents and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage shall apply as to claims between insureds on the policy. The insurance shall provide that the insurance shall not terminate or be cancelled without thirty (30) days written notice first being given to the Street and Sidewalk Use Coordinator. If the insurance is cancelled or terminated prior to completion of the street and sidewalk use, the sponsor shall provide a new policy with the same terms. The sponsor agrees to maintain continuous, uninterrupted coverage until the completion of the street and sidewalk use. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the sponsor. The sponsor shall maintain on file with the Bureau of Licenses a certificate of insurance certifying the coverage required by this section. The adequacy of the insurance shall be subject to the approval of the City Attorney. Failure to maintain liability insurance shall be cause for immediate revocation of sponsor’s street and sidewalk use permit.
      B. Liability Agreement: Sponsors of small parades, large parades, small athletic, large athletic, extra large uses, and possibly exceptions shall hold harmless, defend and indemnify the City and the City’s officers, agents and employees against all claims, demands, actions and suits (including all attorney fees and costs) brought against any of them arising from sponsor’s activities authorized by a street and sidewalk use permit.
       
      C. City Insurance Program: Sponsors of street and sidewalk uses that do not carry their own insurance coverage may purchase public liability and property damage insurance designed for users of City property through a program coordinated by the City Bureau of Risk Management. The Bureau of Licenses will direct sponsors to the appropriate person to contact. Sponsors are encouraged to take advantage of this program whenever possible, even if insurance is not required for a particular category of street and sidewalk use.

       
      Section 11 - Participant and Sponsor Acknowledgement
       
      A. Participants in and sponsors of street and sidewalk uses acknowledge and understand that participating in a street and sidewalk use includes an element of risk to participants and sponsors. Participants and sponsors also acknowledge and understand that although police support may be provided, motor vehicle traffic and spectators may be present along the route and the route may be in a street that is not designed for pedestrian travel or athletic activity. Therefore participants and sponsors assume the risk of participating under such conditions, and all other risks associated with participating in a street and sidewalk use including but not limited to illness, traveling to and from the street and sidewalk use, falls, contact with spectators and other participants, animals or motor vehicles, the effects of the weather and the surface condition of streets and sidewalks.
       
      B. The acknowledgement provided in subsection A. of this section applies to all street and sidewalk uses. However, sponsors of street and sidewalk uses that require participants to complete an application form to participate shall include the language of subsection A. of this section in the application form.

       
      Section 12 - Appeals
       
      Denial of an application for a street and sidewalk use permit may be appealed as provided by this section.
       
      A. A sponsor whose application for a street and sidewalk use permit is denied or modified may appeal the denial or modification by filing a written notice of appeal with the Bureau Director no later than five business days following receipt of notice from the Bureau of Licenses that the application for a permit is denied or modified.
       
      B. The burden of persuasion is on the sponsor. The sponsor may provide written or oral evidence to the Bureau Director in support of the sponsor’s appeal. If written evidence is to be presented, it shall accompany the sponsor’s notice of appeal. If the sponsor wants to present oral evidence, the sponsor shall request a hearing before the Bureau Director in the sponsor’s written notice of appeal.
       
      C. The Bureau Director shall schedule any requested oral presentation as soon as reasonably possible, but no more than five business days, following receipt of the notice of appeal by the Bureau of Licenses.
       
      D. The Bureau Director shall make a decision on the appeal as soon as reasonably possible following conclusion of presentation of additional evidence by the sponsor, but no more than five days following conclusion of presentation of evidence.
       
      E. The decision of the Bureau Director may be appealed to City Council, but only after the sponsor has exhausted the administrative remedies provided by this section.
       
      F. In any appeal to City Council, no additional evidence may be presented and City Council will make its decision based on the evidentiary record before the Bureau Director.

      HISTORY
      Ordinance No. 176022
      Passed by Council October 17, 2001, Effective November 16, 2001