[11-6-1991; 2016 Code]
The council finds that the interests of the city and its citizens
are promoted by a carefully drawn set of rules designed to facilitate
community festivals, parades, runs, and other wholesome events that
bring people together while maintaining public safety and welfare.
[11-6-1991; 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 special event,
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 special event.
PUBLIC PROPERTY
Means real property owned or controlled by the city, including,
but not limited to, sidewalks, streets, alleys, parks, rights of way,
and public buildings.
SPONSOR
Means a person that has applied for, or that has received,
a permit to conduct a special event pursuant to the terms of this
chapter.
VENDOR
Means a person who in any manner engages in or attempts to
engage in the sale of merchandise, and includes a person that engages
or attempts to engage in transactions in which donations are required
by the seller for the retention of goods by a donor or prospective
customer.
[11-6-1991; 2016 Code]
No person shall organize, control or conduct a special event
unless such person has obtained a permit authorizing such special
event pursuant to this chapter.
[11-6-1991; 2016 Code]
The council may grant any person the right to use public property
for special events. The council may close streets, rezone parking
areas, suspend parking regulations, and take such other action as
is considered necessary or desirable for the proper function of a
special event.
[11-6-1991; 2016 Code]
The chief of police may restrict, direct, and regulate motor
vehicle traffic, motor vehicle parking, and movement of pedestrians
during a special event, as necessary for the safety of the public.
All directives of the chief of police under this section shall control
over contradictory provisions of the special event permit.
[11-6-1991; 9-3-2002; 2016 Code]
(A) The chief of police shall determine whether a proposed event will
have a substantial impact upon public property.
(B) In determining whether a proposed event will have a substantial impact
upon public property, the following factors shall be considered:
(1)
The extent to which streets will need to be closed for the special
event.
(2)
The amount of traffic control services required for the safety
of the public and participants at the special event.
(3)
The extent to which the special event will impact upon normal
parking patterns within the area affected by the special event.
(4)
Such other factors as passed from time to time by resolution
of the council, upon recommendation of the public safety committee.
[11-6-1991; 2016 Code]
This chapter shall not apply to the following:
(A) Any auction for which a license or permit has been granted by the
city.
(B) Special events required by statute or by order of any court.
[11-2-1999; 6-16-2015; 2016 Code]
(A) Each sponsor shall provide the city clerk with an insurance binder
or certificate of insurance showing that the sponsor has insurance
coverage for all liabilities and obligations that may result from
the activities undertaken pursuant to the permit. If a binder is provided,
a certificate of insurance shall be provided before the issuance of
a permit. Such coverage shall include:
(1)
Coverage for operations by the sponsor's employees, agents,
contractors and subcontractors.
(2)
Coverage of the city as an additional named insured.
(3)
Coverage for personal injury to participants in the special
event.
(4)
Coverage for property damage occurring as a result of the special
event.
(B) The certificate of insurance shall provide that the insurance company
shall furnish the city with a 10 day written notice of cancellation,
nonrenewal or material change.
(C) The insurance company issuing the certificate of insurance shall
be licensed in the state of Wisconsin and shall be approved by the
city.
(D) The insurance shall be written in comprehensive form and shall protect
the sponsor and city against all claims arising from injuries to members
of the public or damages to property of others arising out of any
act or omission of the sponsor, its employees, agents, contractors
or subcontractors.
(E) The policy of insurance shall provide coverage in such amounts as
are set, from time to time, by resolution of the council.
[11-6-1991; 4-18-2016; 2016 Code]
The fee for issuance of a special event permit shall be established
from time to time by resolution of the council.
[11-6-1991; 2016 Code]
Any person aggrieved by any action of the chief of police, the city clerk, or the public safety committee with regard to the provisions of this chapter shall have the right to appeal to the council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in section
3-5-5 of this code.
[11-6-1991; 9-3-2002; 2016 Code]
It shall be unlawful for any person who is not a law enforcement
officer acting in the course of their official peace keeping duties
to knowingly disrupt a special event.
[11-6-1991; 9-3-2002; 2016 Code]
The penalty for violating any provisions of this chapter shall
be a class 1 forfeiture. A separate offense exists each calendar day
during which a violation occurs or continues.