A. 
The City recognizes that marches and public assemblies held for the purpose of conveying messages protected by the Constitution play an important role in enhancing the public life of citizens as well as the interrelationship between citizens and their government. To that end, the City will review requests to hold marches and public assemblies in the context of the safety and welfare of the community and the availability of resources, but will do so in an expedited and abbreviated manner to ensure that those wishing to hold and/or participate in such events may do so without unreasonable delays or restrictions.
A. 
As used in this division, the following terms shall have the meanings indicated:
BUSINESS DAYS
Those days in which municipal offices are open for conducting City business and does not include Saturday, Sunday or those holidays published yearly on the City's website.
EXTRAORDINARY SERVICES
Reasonable and necessary services provided by the City which specifically result from the public assembly or march. Extraordinary services result in measurable financial costs which are above and beyond the normal levels of public health and safety services on a nonevent day. Extraordinary services will normally be those services requiring City employees to be specifically assigned to tasks in support of the public assembly or march and/or those services resulting in overtime pay or similar costs which result from the event. Examples of extraordinary services may include police protection, traffic control, fire monitoring, dedicated paramedic service, parks services, and other services necessary to ensure the protection of participants and citizens, the proper functioning of City services, and the proper administration of this ordinance and policy. The City will make reasonable efforts to adjust the schedules of employees to minimize the requirement for overtime pay or other costs for extraordinary services where sufficient advanced notice of the event is provided (at least 45 days).
MARCH
A group of persons, of any number, moving from one place to another on a public way or public place, which requires a street closing or otherwise requires police officers to stop, reroute, or alter the normal flow in of vehicular or pedestrian traffic because marchers are unlikely to comply with traffic regulations and controls. A march is for the purpose of conducting activities which are protected by the Constitution. All circumstances which do not meet the specific definition of a march will be reviewed as a special event under Division 1, Chapter 05. A walk/run does not constitute a march and shall be reviewed as a special event under Division 1, Chapter 05. The Chief of Police, or their designee, and the City Attorney shall have the exclusive authority to determine whether or not an event meets the stated definition.
PUBLIC ASSEMBLY
An organized public gathering or group of persons, of any number, which is reasonably anticipated to obstruct the normal flow of vehicular or pedestrian traffic upon a public way or the normal use of a public place because those assembled will not comply with the traffic regulations or controls, or with other public place use laws or policies, and will be located in one place, but does not meet the definition of a march. A public assembly is for the purpose of conducting activities which are protected by the Constitution. All circumstances which do not meet the specific definition of a public assembly will be reviewed as a special event under Division 1, Chapter 05. The Chief of Police, or their designee, and the City Attorney shall have the exclusive authority to determine whether or not an event meets the stated definition.
A. 
The following public assemblies or marches do not require a permit:
1. 
Groups of 50 people or fewer may hold a public assembly in a City park or other similar City-owned property without a permit.
2. 
Marches and public assemblies on sidewalks that do not obstruct the normal flow of pedestrian traffic do not require a permit.
3. 
Protests, marches and public assemblies in response to breaking news where such protest, march or public assembly is a spontaneous and immediate (within 12 hours of the event occurring) response to a current event.
A. 
Permit required. No person or entity acting as an event organizer shall set up for, hold or conduct a march or public assembly within the municipal boundaries of the City of Onalaska without first obtaining a march or public assembly permit.
B. 
Permit application and fee. Event organizers shall complete a march or public assembly permit and file the application and associated non-refundable fee as set forth on the Onalaska Fee Schedule with the office of the City Clerk. The permit application fee is separate from other fees, licenses, and from any requirement to reimburse the City for the actual cost of extraordinary services required for the permitted event, or for damage or destruction resulting from the event. The City will review applications filed less than 10 business days prior to the proposed march or public assembly but cannot guarantee that necessary City services will be available. Applications shall be on the form provided by the City of Onalaska and signed by the person or authorized representative of the entity organizing the march or public assembly.
1. 
The City's review of any permit application and/or its subsequent issuance of a permit shall not be construed as acceptance by the City or its representatives of any liability or responsibility for any injury or damage relating to the march or public assembly. Marches and public assemblies are temporary in nature and do not vest any permanent rights. The City does not discriminate against any particular group or type of speech expected to be present when reviewing and acting upon any march and/or public assembly permit application.
C. 
Issuance. The Chief of Police, or designee within the Police Department, shall have the authority to grant, modify, or deny a march or public assembly permit application within three business days after a complete application is submitted. During the review of the application, the Chief of Police may consult with all persons reasonably necessary and available for such consultation, including the event organizers and all other persons, entities, agencies, and governmental officials deemed necessary by the Chief in order to make an informed decision regarding the application's effect upon traffic control, public safety, as well as other considerations affecting the public health, safety and welfare, including the date, time, location and/or route, police and fire protection necessary, and sanitation provisions required. In the event the Chief of Police denies a permit, they shall make all reasonable efforts to discuss with the applicant the reasoning for the decision and suggest to the applicant alternative dates, times, locations, or other terms, conditions, and parameters of the march or public assembly, to the extent that any such alternatives, terms, or conditions may be reasonably carried out while protecting the public's health, safety, and welfare.
D. 
Appeal of decision process.
1. 
Any applicant seeking to appeal the decision of the Chief of Police shall make such appeal, in writing, to the City Administrator. The City Administrator and Council President shall meet with the Chief of Police and the applicant within three business days after receiving a written appeal. Legal counsel and other persons with relevant factual information may participate in this meeting. The City Administrator and Council President shall provide the parties with an oral decision at the conclusion of the meeting. A written decision may be requested by the applicant and shall be made available by the City Administrator as soon as practicable.
2. 
An applicant may appeal the decision of the City Administrator and Council President to the Common Council by filing a notice of appeal with the office of the City Clerk. The City Clerk shall place this issue on the agenda for the next regularly scheduled Common Council meeting.
3. 
The Common Council may affirm, reverse, or modify the determination of the City Administrator and Council President at the conclusion of the agenda item and after all interested persons have had an opportunity to be heard at the noticed public meeting.
4. 
Any applicant aggrieved by the decision of the Common Council may seek such other legal relief as may be available.
E. 
Event cancellation. The Chief of Police may cancel a public assembly or march, regardless of whether or not a permit has been issued, without prior notice for any significant change in conditions which would or may adversely affect the public health or safety of the community, or for any condition that would place facilities, grounds, or other nature resources at risk of damage or destruction if the event were permitted to take place.
A. 
Indemnification and hold harmless requirement. Organizers of marches and public assemblies shall be required to sign an agreement in a form acceptable to the City in which they agree to indemnify the City of Onalaska and its departments and hold the City and its departments, employees and agents harmless from any liability to any person resulting from any damage or injury to the property or any person which occurs in connection with the permitted event proximately caused by any actions or inactions of the event's organizer, their officers, employees or agents or any person under their control insofar as permitted by law.
B. 
Extraordinary services base charges. The Common Council shall approve by resolution each year a list of standard fees and charges by department which will be used to determine the amount of charges attributed to extraordinary services provided to marches and public assemblies by the City. The resolution may provide for standard hourly charges or flat-fee charges for services provided, and may specify tasks that may or may not be subject to extraordinary service charges.
C. 
Extraordinary services costs and reimbursement. Marches and public assemblies organizers shall be liable for and shall pay to the City Treasurer the actual cost of all extraordinary services provided by the City. If the City is a co-organizer of a march and/or public assembly, the cost of the extraordinary services the City is responsible for will be based upon the level of City involvement, and that amount shall be deducted from the total cost for the extraordinary services provided by the City. Prior to any approval of a marches and public assemblies permit, appropriate City departments shall review the application and report to the City Clerk their respective findings as to an estimate of the costs reasonably expected to be incurred by the City for providing extraordinary services at or for the march and public assembly. The costs for extraordinary services charged to event organizers shall not exceed the actual costs of providing these services. This fee shall be paid to the City within 30 days of the date an itemized invoice for the same is prepared and mailed by the City at the conclusion of the march and public assembly. The Common Council shall address the issue of extraordinary services costs before or at the time it takes action on a special event permit application. The Common Council requires extraordinary services reimbursement in the follow manners:
1. 
Require that event organizers pay all actual costs for extraordinary services provided by the City for the event, with the total costs incurred to be mailed via invoice to the organizer(s) within 30 days after the conclusion of the event.
2. 
Require that funds be placed in escrow, or other necessary security be provided, before the permit is issued. The amount of the cash deposit or other security shall be based upon the cost estimate of the extraordinary services which may be incurred. The special events permit shall not be issued until the event organizer(s) have complied with any requirements for security.
a. 
Security for the estimated costs of extraordinary services may be in the form of a cash deposit in an escrow account, bond, letter of credit, or similar instrument, with the type and form of the instrument to be at the discretion of the City.
b. 
If the actual costs for extraordinary services exceeds the security provided, then the difference shall be billed to and paid by the event organizer(s). If the actual costs for extraordinary services provided is less than the amount of funds deposited in advance of the event, then any unused amounts must be returned to the event organizer(s) within a reasonable time after the event concludes. Any other security instrument must be either used or released by the City within a reasonable time after the conclusion of the event.
A. 
In addition to other potential fines, penalties, and/or charges as described in the Onalaska Code of Ordinances, the violation of the terms of the march or public assembly permit shall be punishable by fine of not less than $500 and not more than $1,000. Each day of violation shall be considered a separate offense. In addition, the City may enforce this division by way of immediately revoking the permit, seeking injunctive relief, and all other remedies available at law and in equity.
B. 
The penalties set forth herein shall also apply to all persons, organizations, and entities that organize events which are required to obtain a march or public assembly permit but fail or refuse to do so. If any person violates any provision of this division, the City shall have the authority to institute the appropriate legal action or proceedings to ensure compliance and to thereby prohibit such person from violating these conditions.
C. 
The failure to obtain a march or public assembly permit before holding or conducting a march or public assembly or the failure to abide by march or public assembly permit requirements will constitute a violation of this division and may result in the termination of the event, denial of future permit applications, or issuance of a City ordinance citation.