City of Monroe, WI
Green County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 3-3-1 Definitions.

[9-3-2002; 2016 Code]
In this chapter:
DISRUPT
Means any planned activity, verbal or nonverbal, with the intent to disturb or interrupt the orderly course of the public assembly, or any activity, verbal or nonverbal, with knowledge that the natural consequences of the person's actions would be to disturb or interrupt the orderly course of the public assembly.
ORGANIZER
Means a person planning to lead or initiate any type of public assembly, including a march or procession on a public way.
PUBLIC ASSEMBLY
Means a) A company of persons which is reasonably anticipated to obstruct the normal flow of traffic upon a public way and that is collected together in one place, or b) any organized march or procession of persons upon any public way that is reasonably anticipated to obstruct the normal flow of pedestrian traffic on the public way. A public assembly does not include any event, gathering, or activity for which a special events permit is required.
PUBLIC WAY
Means all public property open to the public, including, sidewalks, alleys, streets, parks, rights of way, and public buildings.

§ 3-3-2 Notice of public assembly.

[9-3-2002; 2016 Code]
Any organizer planning to lead or initiate any type of public assembly, including a march or procession upon a public sidewalk, shall notify the police chief, at least five business days in advance, or as soon as practicable if the event is of a spontaneous or urgent nature, and shall inform him or her of the date, time, location, route and estimated number of persons participating, so that the city can make any preparations necessary to provide personnel or other city services to minimize the obstruction to pedestrian and other traffic and to otherwise protect the participants and the public.

§ 3-3-3 Public assembly permitted.

[9-3-2002; 2016 Code]
Public assemblies shall be allowed unless the police chief informs the organizer giving the notice, within two days or as soon as practicable before the scheduled event, that there would be a direct interference with a previously planned permitted activity, special event or public assembly, or that there is a significant public safety issue, as set forth in section 3-3-4 of this chapter. If the police chief does this, he or she must state the reasons in writing and give an alternative date, time, location or route, as provided for in section 3-3-5 of this chapter. If the organizer desires to appeal such decision, then the appeal shall be governed by the procedures set forth in section 3-3-6 of this chapter, if the notification was received in sufficient time that the appeals process could be completed before the planned date; if not, the decision by the police chief shall be final subject to judicial review as provided by law. Upon request, the police chief shall provide the organizer with a stamped copy of the notice given under this section.

§ 3-3-4 Significant public safety issues.

[9-3-2002; 2016 Code]
(A) 
The following are significant public safety issues:
(1) 
The proposed activity will substantially or unnecessarily interfere with traffic in the area next to the activity and there are not available sufficient city resources to mitigate the disruption.
(2) 
There are not enough peace officers and traffic control aides to police and protect lawful participants in the activity and nonparticipants from traffic related hazards in light of the other demands for police protection.
(3) 
The concentration of persons, animals, vehicles or things at the assembly and disbanding areas will prevent proper fire and police protection or ambulance service.
(4) 
Such other public safety issues as determined by resolution of the council.

§ 3-3-5 Denial of public assembly.

[9-3-2002; 2016 Code]
(A) 
Notice to organizer.
(1) 
The police chief, or designee, shall provide notice of the denial to the organizer within five business days after receipt of the notice for a public assembly, except that where the purpose of such event is a spontaneous response to a current event, or where other good and compelling cause is shown, the police chief, or designee, shall act within two business days. If the police chief, or designee, fails to act within five business days after the date upon which the application was filed, said notice of public assembly shall be considered approved.
(2) 
The notice must state the facts and conclusions, which are the basis for any denial of the public assembly and, if the action taken is offering an alternate time, date, location or route, then describing the conflict among application requests. If the police chief, or designee, denies an application for failure to provide sufficient information about the proposed route or estimated number of persons participating, he or she shall specify what additional information must be provided in a new or amended application.
(3) 
Notice may be by facsimile transmission or telephone, but then must be followed up by regular mail directed to the organizer.
(B) 
Alternate date, time, location or route.
(1) 
When the police chief denies an application for a public assembly, he or she shall authorize the conduct of a public assembly on a date, at a time, at a location, or over a route different from that named by the organizer. This alternate shall to the extent practicable authorize a public assembly that will have comparable public visibility and a similar route, location and date to that of the proposed event. An organizer desiring to accept an alternate public assembly date, time or location shall, within five business days after notice of the action by the police chief, file a written notice of acceptance with the police chief.
(2) 
The police chief may limit the public assembly to the public way where it is determined that such limited area is capable of accommodating the number of people anticipated based upon the information submitted by the applicant and the experience of previous comparable events, and such limitation shall not be considered a denial.

§ 3-3-6 Appeal.

[9-3-2002; 2016 Code]
Any organizer who believes that his or her request for a public assembly is wrongfully disapproved may appeal to the council by notifying the city clerk of the intent to appeal. If no appeal is filed within five business days of the date notice of the police chief's decision is given, that decision shall be considered final. Upon the filing of such appeal, the council shall cause a hearing to be held and based upon the evidence contained in the record of such hearing, either affirm or reverse the decision of the police chief. Any final decision of the police chief or the council shall be subject to judicial review as provided by law. If the council fails to act within two business days of the conclusion of a hearing held under this section, said request for public assembly shall be considered approved.

§ 3-3-7 Administration and enforcement.

[9-3-2002; 2016 Code]
The council may, from time to time, pass such resolutions to help clarify the administration or enforcement of this chapter.

§ 3-3-8 Disrupting a public assembly.

[9-3-2002; 2016 Code]
It shall be unlawful for any person, other than a law enforcement officer acting in the course of his or her official peace keeping duties, to knowingly disrupt a public assembly.

§ 3-3-9 Penalty.

[9-3-2002; 2016 Code]
A person who violates section 3-3-2 or section 3-3-8 of this chapter shall upon conviction be subject to a class 1 forfeiture. A separate offense exists each calendar day during which a violation of section 3-3-8 of this chapter occurs or continues.