[HISTORY: Adopted by the Board of Supervisors of Price County 11-9-2010 by Ord. No.
3-10. Amendments noted where applicable.]
This chapter is adopted under the authority granted by §§ 59.02,
59.56(12) and 175.20, Wis. Stats.
It is the purpose of the Price County Board to regulate the
assemblage of large numbers of people in excess of those normally
needing the health, sanitary, fire, police, transportation and utility
services regularly provided in Price County, in order that the health,
safety and welfare of all persons in the County, residents and visitors
alike, may be protected.
The jurisdiction of this chapter shall apply to all areas in
the County except those cities and villages which by ordinance regulate
and control such events, assemblies or places.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A company of persons gathered together at any location at
any single time for any purpose. "Large assembly" means an assembly
of 1,000 or more people.
A parcel of land on which an assembly occurs which includes
but is not necessarily limited to an open or enclosed space where
the performance or presentation takes place, where the performers,
the public and guests can gather, and where concessions, camping,
vehicle parking, recreation areas, and other services are provided
for those in attendance at the assembly.
Price County.
County Emergency Management Coordinator, County Clerk, County
Health Officer, County Zoning Administrator, County Highway Commissioner,
County Corporation Counsel, County Board member, Solid Waste Administrator,
Fire Chief, Assistant Fire Chief or the appointed designee of any
of the aforementioned.
The Price County Sheriff, Deputy Sheriff or deputized police
officer.
An area located within the assembly area where the performance
or presentation takes place and the performers, the public and guests
can gather for such performance or presentation.
Any natural person, firm, partnership, association, corporation,
or organization of any kind.
A.
No person shall permit, maintain, conduct, undertake, organize, manage
or sell or give tickets to an actual or reasonably anticipated assembly
of 1,000 or more people which continues or can reasonably be expected
to continue for four or more consecutive hours, whether on public
or private property, unless a license to hold the assembly has first
been issued by the County Clerk, application for which must be made
to the County Clerk at least 90 days in advance of the assembly. A
license to hold an assembly issued to one person shall permit that
person to engage in any lawful activity in connection with the holding
of the licensed assembly. Any revisions to the application affecting
the requirements of the license can be made up to 45 days in advance
of the assembly per request by the license holder and approval by
the County Clerk. Any request for exemptions from the license must
accompany the application at the time of its submission. Fee for such
license will be set by County Board resolution from time to time.
A license application form can be obtained from the County Clerk's
office.[1]
B.
A license shall be granted for a maximum of five days at any one
location. A separate license shall be required for each additional
five-day period and for each separate location at which 1,000 or more
people assemble or can reasonably be anticipated to assemble.
C.
This section shall not apply to fairs that are held on regularly
established fairgrounds, nor to assemblies required to be licensed
by other ordinances and regulations of the County, nor to fairs or
assemblies sponsored or authorized by any municipality or nonprofit
organization within the County, such as the Price County Fair, Flambeau
Rama, Prentice Progress Days, etc. The above assemblies and functions
are listed by reason of example and are not to be considered an exhaustive
list of excepted fairs, assemblies or functions.
No license under this chapter shall be issued unless and until
the applicant complies with the following conditions:
A.
Maximum number of people. A license shall permit the assembly of
only the maximum number of people on a daily basis as stated in the
license. The licensee shall not sell tickets to, nor permit to assemble
at the licensed location, more than the maximum permissible number
of people. Where the assembly is to continue overnight, the maximum
number of people staying overnight shall not exceed the number allowed
to sleep or camp within the boundaries of the location of the assembly
as dictated by state statute or ordinance of the County or municipality.
B.
The applicant shall provide proof, in the form of a plan document
or other documentation as noted below, that the applicant will furnish
the following at the applicant's expense prior to the commencement
of the proposed assembly:
(1)
Access. Access to all assembly areas, including parking, camping,
etc., shall be granted at all times to local law enforcement officers,
any law enforcement officers or their designee(s) working with or
assisting local officers, County officials and any local, County or
state employee whose responsibility it is to enforce public safety
laws in the State of Wisconsin and/or Price County. Said permission
shall be in the form of a signed document by landowner(s).
(2)
Alcoholic beverages. The applicant shall provide proof of license
issued by the municipality of jurisdiction to sell alcoholic beverages.
(3)
Camping. If the assembly is to continue overnight, camping facilities
shall be provided and shall be in compliance with all state and local
requirements as set forth in the Wisconsin Administrative Code and
this chapter, sufficient to provide camping accommodations for the
maximum number of people to be assembled. Camping facilities shall
be consistent with the requirements set forth in the State of Wisconsin
special event campground application. The application for a special
event campground must be submitted to the Wisconsin Department of
Health Services a minimum of seven days prior to the event.
(4)
Emergency evacuation and communication. A method of communication
capable of quickly informing all attendees of severe weather or other
hazardous conditions which would warrant the need for evacuation,
sheltering in place, or other necessary protective measures shall
be provided. Any such communication system must be capable of reaching
the entire assembly area.
(5)
Emergency medical personnel.
(a)
Emergency medical technicians (EMTs) shall be licensed in the
State of Wisconsin. The number of EMTs on site during the event shall
be consistent with the ratio of, at a minimum, one EMT per 2,000 attendees
based on the maximum daily number to be assembled, with a minimum
of two EMTs on site during all hours the event is taking place. This
requirement is in addition to those EMTs on site as part of an ambulance
crew. An enclosed, covered structure shall be provided where treatment
may be rendered.
(b)
The applicant shall supply proof that he will provide on-site
ambulance services licensed in the State of Wisconsin. The license
holder shall provide a minimum of one ambulance and the necessary
crew, two ambulances and the necessary crew if the daily maximum number
to be assembled exceeds 10,000, or three ambulances and the necessary
crew if the maximum daily number to be assembled exceeds 30,000.
(6)
Emergency telephone lines. A minimum of one land-line telephone shall
be available for use on the event grounds. Emergency workers shall
have unrestricted access to this phone line during an emergency.
(7)
Fencing. A fence completely enclosing the proposed location, of sufficient
height and strength to prevent people in excess of the maximum permissible
number from gaining access to the assembly grounds, which shall have
at least four gates, that will be placed with primary consideration
for safe ingress/egress, shall be provided.
(8)
Financial guarantee. A performance bond shall be provided, in the
form of cash or underwritten by a surety company licensed to do business
in the State of Wisconsin, which shall guarantee payment for any costs
incurred by the County on behalf of the applicant, in the amount of
$1.50 per person for the maximum total number of people permitted
to assemble for an assembly where alcohol will not be served or in
the amount of $3 per person for the maximum total number of people
permitted to assemble for an assembly where alcohol will be served.
Such bond shall be filed with the County Clerk at least 30 days in
advance of the assembly.
(9)
Fire protection.
(a)
All appropriate actions must be taken to provide fire protection
throughout the event grounds in accordance with the Wisconsin Administrative
Code as well as any applicable local ordinances. Fire protection measures
may include the installation or presence of fire detection or suppression
devices, alarms, fire lanes and escapes, fire-fighting vehicles, certified
fire-fighting personnel or any other protective measures appropriate
for the protection of the health, safety, and welfare of the public.
(b)
Prior to any event of which the maximum number to be assembled
exceeds 10,000, the license holder shall obtain a temporary use permit
authorized by the Wisconsin Administrative Code from a local fire
or building code official who has been preapproved by the County of
Price.
(10)
Food concessions and concessionaires. All food concessions and
concessionaires must be licensed and inspected in a manner consistent
with the State of Wisconsin application for temporary food service
permit which must be submitted to the Wisconsin Department of Health
Services, Department of Agriculture, Trade and Consumer Protection,
or agents of the state a minimum of 30 days prior to the event.
(11)
Illumination. If the event is to continue during hours of darkness,
adequate lighting of the event grounds must be provided by the license
holder in order to provide a safe environment for all activities performed
by attendees or workers. All efforts should be made to prevent lighting
from shining unreasonably beyond the boundaries of the event grounds.
(12)
Insurance. Proof of insurance shall be provided in the form
of a certificate of insurance with Price County listed as an additional
insured on the applicant's liability insurance which shall indemnify
and hold harmless Price County or any of its agents, officers or employees
from any liability or causes of action which might arise by reason
of granting this license and for the legal fees incurred in defense
of such actions and from any cost, expenses or claims incurred by
or against the County for any reason whatsoever arising from the event
licensed under this chapter. Said coverage to be in a reasonable amount
to be determined by the Executive/Finance/IT Committee in consultation
with Price County's own insurers. Proof of insurance is to be
submitted at least 30 days in advance of the assembly. All insurance
coverage shall provide for thirty-day written notice of cancellation
or material change in coverage, with certificates of insurance to
be made out to the County with copies to its insurance consultant.
All parties shall be responsible for insuring their own property and
vehicles for any loss or damage to them. In addition, the applicant,
for itself, shall agree to indemnify, defend and hold the County and
its employees and agents harmless against all claims, liability, loss,
damage or expense incurred by the County on account of any injury
to or death of any person or any damage to property caused by or resulting
from the activities for which the license is granted.[1]
(13)
Map. A detailed and legible map shall be provided, including
the planned location of any:
(14)
Parking. Plans of parking vehicles shall be provided, including
size and location of lots, points of highway access and interior roads,
including routes between highway access and parking lots.
(15)
Public safety liaison. A public safety liaison person must be
named by the applicant to be available for consultation regarding
issues of public health, safety, and welfare during all hours the
event is to take place. Prior to the event, the Price County Sheriff
shall be notified of the designated individual's name, primary
contact information, and alternate contact information. The Price
County Sheriff must be notified immediately upon any change in the
public safety liaison information.
(16)
Review. Before issuing any license, the County Clerk shall request that plans be reviewed by the County officials and law enforcement officials defined in § 230-4 of this chapter in which those officials may be concerned.
(17)
Security for large assemblies where no alcohol is served. Security
guards, either regularly employed, duly sworn, off-duty Wisconsin
peace officers or private guards, licensed in Wisconsin, sufficient
to provide adequate security for the maximum daily number of people
to be assembled at the rate of at least one security guard for every
500 people, with a minimum of two such guards at all times, shall
be provided. The applicant shall supply plans for security, including
the number of guards, their deployment, and their names, addresses,
credentials and hours of availability.
(18)
Security for large assemblies where alcohol is served. If alcoholic beverages are permitted on the event grounds, the applicant shall provide through the Price County Sheriff's Department, in addition to security guards described under Subsection B(17) above, one uniformed Wisconsin certified law enforcement officer for every 750 people assembled, based on the maximum daily number of people assembled, with a minimum of two officers at all times.
(19)
Solid waste. The applicant shall provide a sanitary method of
recovering recyclable materials and disposing of solid waste in compliance
with state and local laws and regulations. The method shall be sufficient
to process recyclable materials and to dispose of the solid waste
for the maximum number of people to be assembled computed at the rate
of at least 2.5 pounds of recyclable materials and solid waste per
person per day. The method shall include a plan for holding and a
plan for collecting all such materials at least once each day of the
assembly and sufficient recycle bins and trash cans and personnel
to perform the task. "Solid waste" is defined in § 289.01(33),
Wis. Stats.
(20)
Sound and amplification. All reasonable necessary precautions
shall be taken to ensure that no sound greater than 85 decibels, as
determined by a decibel meter, will carry beyond the outer perimeter
of the assembly boundaries. The use of sound-amplification devices
shall be prohibited between the hours of 1:00 a.m. and 9:00 a.m.,
except in emergency situations that otherwise require such use.
(21)
Toilets. Separate enclosed toilets meeting all federal and state
specifications shall be conveniently located throughout the grounds
sufficient to provide facilities for the maximum daily number of people
to be assembled. Toilets must have a sanitary method for hand washing
via either waterless hand-wash stations or running water under pressure
with a continuous supply of soap and paper towels. A plan, method,
and schedule for the efficient, sanitary collection and disposal of
toilet waste must be in compliance with all state laws and regulations.
(22)
Water. A primary and alternate method of providing potable water
which meets all federal and state requirements for purity, sufficient
to provide safe drinking water for the maximum number of people attending
the event, shall be provided. Water is to be available and dispensed
in a sanitary manner through fountains, single-serving cups or as
bottled water.
C.
Plans for all the above shall be submitted with the license application.
The applicant shall provide the Clerk with a certified copy
of the resolution from the town board and/or village board and/or
city council wherein the event is to be held confirming that the applicant
has met all municipal requirements and that the municipality has approved
and authorized the event.
The license shall be issued within 30 days of receipt of the
application, provided that all conditions of this chapter have been
met and the plans are presented setting forth all the requirements
of this chapter.
A.
Revocation. The license may be revoked by the County Clerk, after
consulting with law enforcement officials and the Executive/Finance/IT
Committee, at any time if any of the conditions necessary for the
issuing of or contained in the license are not complied with or if
any condition previously met ceases to be complied with. Under special
circumstance(s), the Sheriff has the authority to revoke the license
in the best interest of public safety and security.
B.
Injunction. The provisions of this chapter may be enforced by injunction
in any court of competent jurisdiction.
C.
Public nuisance. The holding of an assembly in violation of any provision
or condition contained in this chapter shall be deemed a public nuisance
and may be abated as such.
Any costs associated with meeting the requirements of this chapter
must be paid by the applicant.
