R920-4-5. Restrictions on Special Event Permits

  (1) The Region Permit Officer shall not issue a Special Event Permit if, in the two years preceding the date of the Application:

  (a) The Applicant had been granted a Special Event Permit, and the Applicant

  (i) Violated a condition of the Permit, or

  (ii) Failed to take reasonable care in preventing the participants in the Special Road Use from violating a condition of the permit; or

  (b) The Applicant engaged in a Special Road Use without first securing a Special Event Permit.

  (2) The Region Permit Officer shall not issue a Special Event Permit for Special Road Use on an overpass above a highway, if the Special Road Use is intended to draw the attention of the traffic below, and is not an incidental traversing of the overpass as part of the event path.

  (3) The Region Permit Officer shall not issue a Special Event Permit for any portion of the same roadway for a period of more than 24 continuous hours, per Special Road Use.

  (a) This subsection does not apply to a Special Event Permit sought by a Local Government for a Special Road Use if the Local Government is responsible for the supervision and safety of the Special Road Use.

  (b) Deviations from provisions of this subsection may be allowed if they do not violate state and federal statutes, law, or regulations, and the use will be for the public good without compromising the transportation purposes of the roadway.

  (c) Requests for deviations may be considered by the Department on an individual basis, upon justification submitted by the Applicant.

  (d) In determining whether to grant the deviation, the Region Permit Officer shall consider the Purposes of the Rule as articulated in Rule R920-4-1(1), The Applicant shall have the burden to prove that the deviation is in the public interest and will not substantially affect the ability of residents and others not participating in any special event to travel on the roadways and to access private property without unreasonable disruption. The Region Permit Officer may require the Applicant to provide additional proof, such as a traffic impact study, to satisfy the Applicant's burden for the deviation.