Green Lake County, WI
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Green Lake County 7-21-1970 by Ord. No. 67-70; as amended 5-20-2003 by Ord. No. 782-03. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fairgrounds — See Ch. 138.
Peace and good order — See Ch. 192.

§ 109-1 Purpose.

It is the purpose of the County Board of Green Lake County 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 Green Lake County, in order that the health, safety and welfare of all persons in Green Lake County, residents and visitors alike, may be protected.

§ 109-2 Applicability.

A. 
This chapter shall be effective in all unincorporated areas of Green Lake County. This chapter shall not be effective in any incorporated municipality of Green Lake County unless the governing body of that incorporated municipality passes an ordinance expressly authorizing the enforcement of this chapter within its corporate boundaries and forwards a copy of said ordinance to the Green Lake County Clerk.
B. 
This chapter shall not apply to:
(1) 
Any regularly established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, or other similar permanently established place of assembly for assemblies which do not exceed by more than 250 people the maximum seating capacity of the structure where the assembly is held;
(2) 
Government-sponsored fairs held on regularly established fairgrounds; or
(3) 
Assemblies required to be licensed by other laws and regulations of this County.

§ 109-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ASSEMBLY
A company of persons gathered together at any location at any single time for any purpose.
PERSON
Any individual natural human being, partnership, corporation, firm, company, association, society or group or any combination thereof sponsoring or in any way promoting an assembly as defined herein.

§ 109-4 License required; terms of license.

A. 
No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, 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 Board of Green Lake County, application for which must be made at least 45 days in advance of the assembly to the Clerk of Green Lake County, who shall refer the same to the Judicial/Law Enforcement and Emergency Management Committee for initial study. A license to hold an assembly issued to one person shall permit any person to engage in any lawful activity in connection with the holding of the licensed assembly.
B. 
A separate license shall be required for each event and each location in which 1,000 or more people assemble or can reasonably be anticipated to assemble. The license shall be valid for the period of five consecutive days, after which a new license shall be required. The fee for each license shall be $100 per each day of the event.
C. 
A license shall permit the assembly of only the maximum number of people 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.
D. 
The license shall not permit the sound of the assembly to carry unreasonably beyond the enclosed boundaries of the location of the assembly.

§ 109-5 Information required to be filed.

An applicant shall execute and file with the County Clerk's office:
A. 
An agreement which shall indemnify and hold harmless this County or any of its agents, officers, servants and employees from any liability or causes of action which might arise by reason of granting this license.
B. 
A statement executed by the zoning administrator for the governmental unit having zoning authority over the affected area that the proposed event is a permitted use within the zoning district where the event is to be held or a permit issued by the zoning administrator that otherwise certifies that the event is an authorized use.
C. 
Certificates of insurance issued by insurance companies licensed to transact business within the State of Wisconsin providing that the applicant and the assembly are covered by a comprehensive general liability policy providing a minimum coverage of $2,000,000 aggregate coverage; fire legal liability policy in the amount of $2,000,000; and workers' compensation insurance as required by Wisconsin law.

§ 109-6 Conditions for issuing license.

Before he/she may be issued a license, the applicant shall first:
A. 
Determine the maximum number of people which will be assembled or admitted to the location of the assembly, provided that the maximum number shall not exceed the maximum number which can reasonably assemble at the location of the assembly in consideration of the nature of the assembly and provided that, where the assembly is to continue overnight, the maximum number shall not be more than is allowed to sleep within the boundaries of the location of the assembly by the zoning or health ordinances of the municipality.
B. 
Provide proof that he/she will furnish at his/her own expense before the assembly commences:
(1) 
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, at least one at or near four opposite points of the compass.
(2) 
Potable water, meeting all federal and state requirements for purity, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon per person per day and water for bathing at the rate of at least 10 gallons per person per day.
(3) 
Separate enclosed toilets for males and females, meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled at the rate of at least one toilet for every 200 females and at least one toilet for every 300 males, together with an efficient, sanitary means of disposing of waste matter deposited, which is in compliance with all state and local laws and regulations. A lavatory with running water under pressure and a continuous supply of soap and paper towels shall be provided with each toilet.
(4) 
A sanitary method of disposing of solid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least 2.5 pounds of solid waste per person per day, together with a plan for holding and a plan for collecting all such waste at least once each day of the assembly and sufficient trash cans with tight-fitting lids and personnel to perform the task.
(5) 
A registered nurse or emergency medical technician intermediate (EMTI) to be on duty at all times during the assembly. There shall be provided an enclosed covered structure for medical treatment and there shall be present at all times ambulance service staffed by qualified EMTs. When the number of persons attending exceeds 5,000, a minimum of two ambulances, neither of which can be from the local service area, and four EMTs shall be provided by the applicant on site. When the number of persons attending exceeds 10,000, a third staffed ambulance is required, also not from the local service area.
(6) 
If the assembly is to continue during hours of darkness, illumination sufficient to light the entire area of the assembly at a rate of at least five footcandles, but not to shine unreasonably beyond the boundaries of the enclosed location of the assembly.
(7) 
A parking area in or near the site of the assembly grounds with sufficient parking space for the maximum number of people to be assembled at the rate of at least one parking space for every three persons.
(8) 
Two public pay phones on the assembly grounds and not fewer than three private lines on the grounds, with one phone line or cell phone located in the emergency medical facility. The phone numbers of the above phones shall be provided to the Green Lake County Sheriff's Office.
(9) 
If the assembly is to continue overnight, camping facilities in compliance with all state and local requirements as set forth in the Wisconsin Administrative Code and ordinances of the municipality, sufficient to provide camping accommodations for the maximum number of people to be assembled.
(10) 
Security guards sufficient to provide adequate security for the maximum number of people to be assembled. A primary security officer, who is a licensed security officer in the State of Wisconsin or has other similar credentials, shall be designated, whose name, address and telephone number shall be provided to local law enforcement. As a condition of the license, local law enforcement officers shall be granted access to the site to ensure public safety. There shall be one security guard for every 500 people whenever alcoholic beverages are not being served and one security guard and one Wisconsin-certified law enforcement officer provided by Green Lake County for every 500 people when alcoholic beverages are being served.
(11) 
Fire protection, including alarms, extinguishing devices and fire lanes and escapes, sufficient to meet all state and local standards for the location of the assembly as set forth in the Wisconsin Administrative Code and ordinances of the municipality and sufficient emergency personnel to efficiently operate the required equipment.
(12) 
All reasonable necessary precautions to ensure that the sound of the assembly will not carry beyond the boundaries of the location of the assembly. The use of sound amplification devices shall be prohibited between the hours of 1:00 a.m. and 8:00 a.m., except in emergency situations which otherwise require such use.
(13) 
A method of informing the attending public of weather conditions by loudspeaker system that can be heard throughout the grounds, parking areas and campground.
C. 
For assemblies over 1,000 persons, a bond shall be provided by the applicant and filed with the Green Lake County Clerk prior to the issuance of the permit, either in cash or underwritten by a surety company licensed to do business in Wisconsin, at the rate of $5 per person or the maximum number of people permitted to assemble, but not less than $5,000, which shall indemnify or hold harmless this 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 for defense of such actions and from any costs, expenses or claims incurred by or against Green Lake County for any reason whatsoever arising from the event herein licensed.

§ 109-7 Application for license.

A. 
Application for a license to hold an actual or anticipated assembly of 1,000 or more persons shall be made in writing to the County Clerk of this County at least 45 days in advance of such assembly.
B. 
The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed by the individual making the application, in the case of an individual natural human being, by all officers in the case of a corporation, by all partners in the case of a partnership, or by all officers of any unincorporated association, society or group or, if there are no officers, by all members of such association, society or group.
C. 
The application shall contain and disclose:
(1) 
The name, age, residence and mailing address of all persons required to sign the application by Subsection B and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence and mailing address of each person holding 10% or more of the stock of said corporation.
(2) 
The address and legal description of all property upon which the assembly is to be held together with the name, residence and mailing address of the record owner(s) of all such property.
(3) 
Proof of ownership of all property upon which the assembly is to be held, or a valid, written lease executed by the property owner, and a statement made upon oath or affirmation by the record owner(s) of all such property that the applicant has permission to use such property for an assembly of 1,000 or more persons or, if the property is owned by a corporation, proof that the person purporting to act for the corporation has actual authority of the shareholders of said corporation to authorize the use of the corporate real estate for the proposed purpose.
(4) 
The nature or purpose of the assembly.
(5) 
The total number of days and/or hours during which the assembly is to last.
(6) 
The maximum number of persons which the applicant shall permit to assemble at any time, not to exceed the maximum number which can reasonably assemble at the location of the assembly, in consideration of the nature of the assembly, or the maximum number of persons allowed to sleep within the boundaries of the location of the assembly by the zoning ordinances of the municipality if the assembly is to continue overnight.
(7) 
The maximum number of tickets to be sold, if any.
(8) 
The plans of the applicant to limit the maximum number of people permitted to assemble.
(9) 
The plans for fencing the location of the assembly and the gates contained in such fence.
(10) 
The plans for supplying potable water, including the source, amount available and location of outlets.
(11) 
The plans for providing toilet and lavatory facilities, including the source, number and location, type, and the means of disposing of waste deposited.
(12) 
The plans for holding, collection, and disposing of solid waste material.
(13) 
The plans to provide for medical services and on-site first aid, to include the names and hours of availability of the medical support personnel, and provisions for contacting emergency medical service.
(14) 
The plans, if any, to illuminate the location of the assembly, including the source and amount of power and the location of lamps.
(15) 
The plans for parking vehicles, including size and location of lots, points of highway access and interior roads, including routes between highway access and parking lots.
(16) 
The plans for telephone service, including the source, number and location of the telephones.
(17) 
The plans for camping facilities, if any, including facilities available and their location.
(18) 
The plans for security, including the number of guards, their deployment, and their names, addresses, credentials and hours of availability.
(19) 
The plans for fire protection, including the number, type and location of all protective devices, including alarms and extinguishers, and the number of emergency fire personnel available to operate the equipment.
(20) 
The plans for sound control and sound amplification, if any, including number, location and power of amplifiers and speakers.
(21) 
The plans for food concessions and concessionaires who will be allowed to operate on the grounds, including the names and addresses of all concessionaires and their license or permit numbers.
D. 
The application shall include the above information in sufficient detail to determine the applicant's compliance with this chapter, the bond required in § 109-6C, the license fee and proof of insurance as required in § 109-5C.

§ 109-8 Review of application; issuance of license.

The application for a license shall be processed within 30 days of receipt. The application shall be reviewed by the Judicial/Law Enforcement and Emergency Management Committee, with the assistance of the Green Lake County Department of Health and Human Services, the Sheriff's Department and the Land Use Planning and Zoning Department, to ensure compliance with this chapter. The license shall be issued by the County Clerk if all conditions are complied with as determined by the Judicial/Law Enforcement and Emergency Management Committee.

§ 109-9 Revocation of license.

The license may be revoked by the governing body of this County or by the Sheriff or Chair of the County Board 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.

§ 109-10 Enforcement; violations and penalties.

A. 
The provisions of this chapter may be enforced by injunction of any court of competent jurisdiction or by citations issued by local law enforcement officers.
B. 
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.
C. 
Any person who violates § 109-4A or who violates any condition upon which he is granted a license may be fined not less than $1,000 nor more than $10,000. Each day of violation shall be considered a separate offense.

§ 109-11 Costs.

Any costs associated with conforming to this chapter must be paid by the applicant, and proof of payment must be submitted to the County Clerk's office prior to the issuance of license.