[HISTORY: Adopted by the Board of Supervisors of Grant County 7-24-1970
(Ch. 5 of the Grant County Ordinances). Amendments noted where applicable.]
It is the purpose of the Grant County Board of Supervisors 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 Grant County, in order that the health, safety and welfare of
all persons in Grant County, residents and visitors alike, may be protected.
As used in this chapter, the following terms shall have the meaning
indicated:
A company of persons gathered together at any time for any purpose.
An overnight assembly is an assembly of 2,000 or more persons which continues
between the hours of 9:00 p.m. and 5:00 a.m. consecutively.
An individual natural human being, partnership, corporation, firm,
company, association, society or group.
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 2,000 or more people, which
assembly continues or can reasonably be expected to continue overnight or
for 18 or more consecutive hours, whether on public or private property, unless
a license to hold the assembly has first been issued pursuant to this chapter.
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 calendar
day or part thereof and each location in which 2,000 or more people assemble
or can reasonably be anticipated to assemble. The fee for each license shall
be $100.
This chapter shall not apply to:
A.
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 the maximum
seating capacity of the structure where the assembly is held.[1]
B.
Government-sponsored fairs held on regularly established fairgrounds.
Before a license may be issued 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 County.
B.
Provide proof that he will furnish at his 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 female and one male toilet for every 500 persons,
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)
Physicians and nurses licensed to practice in Wisconsin
sufficient to provide the average medical care enjoyed by residents of Wisconsin
for the maximum number of people to be assembled at the rate of at least one
physician for every 1,000 people and at least one nurse for every 1,500 people,
together with an enclosed covered structure where treatment may be rendered,
containing separately enclosed treatment rooms for each physician, and at
least one emergency ambulance available for use at all times.
(6)
If the assembly is to continue during hours of darkness,
illumination sufficient to light the entire area of the assembly at the rate
of at least five footcandles but not to shine unreasonably beyond the boundaries
of the enclosed location of the assembly.
(7)
A free parking area inside of the assembly grounds sufficient
to provide parking space for the maximum number of people to be assembled
at the rate of at least one parking space for every four persons.
(8)
Telephones connected to outside lines sufficient to provide
service for the maximum number of people to be assembled at the rate of at
least one separate line and receiver for each 1,000 persons.
(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, Wisconsin Statutes and ordinances of this County sufficient
to provide camping accommodations for the maximum number of people to be assembled.[1]
(10)
Security guards, either regularly employed, duly sworn,
off-duty Wisconsin peace officers or private guards, sufficient to provide
adequate security for the maximum number of people to be assembled at the
rate of at least one security guard for every 750 people.[2]
(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, Wisconsin Statutes and ordinances of this County, and sufficient emergency
personnel to efficiently operate the required equipment.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Original § 5.03(2)(l), which immediately followed this subsection and dealt with sound carrying beyond the boundaries of the assembly, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12)
A bond, filed with the Grant County Clerk, either in
cash or underwritten by a surety company licensed to do business in Wisconsin,
at the rate of $1 per person for the maximum number of people permitted to
assemble, 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 and from any cost incurred
in cleaning up any waste material produced or left by the assembly.
(13)
Certificates of insurance coverage issued by bona fide
insurance companies licensed to transact business in this state showing that
such companies have insured said applicant and said assembly in the following
ways:
(a)
A comprehensive liability policy with a maximum limit
for all claims in the amount of $2,000,000 and containing a medical payments
coverage guaranteeing payment of all medical bills incurred within one year
of injury by any person by reason of any injury on said premises during such
assembly to a maximum of $5,000 per person.[4]
(b)
A fire legal liability policy with a maximum limit of
$2,000,000.
(c)
Workers' compensation insurance as required by Wisconsin
law.
A.
Application for a license to hold an actual or anticipated assembly of 2,000 or more persons shall be made in writing to the County Clerk at least 10 days in advance of such assembly. An applicant for a license under this chapter shall complete a license application form using the license form supplied by the Grant County Clerk for large assemblies. The applicant must also furnish to the Grant County Clerk all of the information and documentation required in §§ 97-5 and 97-6 of this chapter.[1]
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 application, in the case of an individual
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 an 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 of this section 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 or owners of all such property.
(3)
Proof of ownership of all property upon which the assembly
is to be held or a statement made upon oath or affirmation by the record owner
or owners of all such property that the applicant has permission to use such
property for an assembly of 2,000 or more persons.
(4)
The nature or purpose of the assembly.
(6)
The maximum number of persons which the applicant shall
permit to assemble at any time, which shall not exceed the maximum number
which can reasonably assemble at such location considering the nature of the
assembly and which shall not exceed the maximum number of persons allowed
to sleep within the boundaries of the location of the assembly by the zoning
ordinances of the County 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
waste deposited.
(12)
The plans for holding, collection, and disposing of solid
waste material.
(13)
The plans to provide for medical facilities, including
the location and construction of a medical structure, the names and addresses
and hours of availability of physicians and nurses and provisions for emergency
ambulance 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 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.
A.
The County Clerk can deny the license if any of the information
or documentation required by this chapter has not been supplied by the applicant
or if it appears that any of the provisions of this chapter will not be complied
with according to the information supplied by the applicant. The County Clerk
shall notify the applicant in writing of her decision within three days of
all of the required information and documentation being supplied. Any denial
shall set forth the reasons for denial. Otherwise, the license will be granted
if all documentation and information is supplied and if it appears therefrom
that the provisions of this chapter will be met.
B.
Any person aggrieved by a decision of the County Clerk regarding
the issuance or denial of a license under this chapter can appeal the decision
to the Law Enforcement Committee of Grant County by filing a written request
for a hearing within three days of receipt of the written decision of the
County Clerk. The appeal notice shall be filed with the County Clerk and shall
set forth the grounds for the appeal. The Law Enforcement Committee shall
hold a hearing within 10 days of receipt of the appeal notice and shall issue
a written decision within three days of the hearing setting forth its decision
and the reasons for its decision. Notice of the hearing date, time and place
shall be sent to the interested persons at least five days in advance of the
hearing. At the hearing, the parties can be represented by an attorney and
may present evidence and call and question witnesses. Any person aggrieved
by a decision of the Law Enforcement Committee under this chapter can file
a writ of certiorari with the Circuit Court of Grant County within 30 days
of the decision of the Law Enforcement Committee.
The license shall be revoked by the County Clerk at any time if it is
established that 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.
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 any provision of this chapter
shall forfeit not less than $1,000 nor more than $10,000 together with the
costs of prosecution and in default of payment thereof shall be imprisoned
in the Grant County Jail not to exceed one year. Each day of violation shall
be considered a separate offense.
A.
Zoning ordinance not affected. Nothing in this chapter shall be construed as permitting an assembly where prohibited by Chapter 315, Zoning, of the Grant County Code.
C.
Public dance ordinance not affected. Chapter 118 of the
Grant County Code, regulating public dances, shall not apply to assemblies
regulated by this chapter.
