[Adopted as Title 7, Ch. 9, of the former City Code]
Purpose. The City of Prescott recognizes that City streets and highways are primarily for the use of vehicular travel. It further recognizes a need to use these public streets and highways for processions, parades, runs, walks, bicycle races, marathons, etc., which do not substantially interfere with the public's right to travel on such streets and highways. This article is intended to regulate and control nonvehicular use of the streets and highways and for protecting the general welfare and safety of the persons using the streets and highways within the City. Said authority to regulate is contained in § 349.185, Wis. Stats., and related sections.
Definitions. As used in this article, the following terms shall have the meanings indicated:
- HIGHWAY or STREET
- Has the meaning set forth in § 340.01, Wis. Stats., and also includes areas owned by the City of Prescott which are used primarily for pedestrian or vehicular traffic.
- PROCESSIONS, PARADES, RUNS, WALKS, MARATHONS, BICYCLE RACES, ETC.
- Their usual and customary usage.
No person shall form, direct, lead or participate in any procession, parade, run, walk, marathon, bicycle race, etc., on any street or highway under the jurisdiction of the City unless a permit has been obtained in advance as provided in this article.
A permit is not required for assembling or movement of a funeral procession or military convoy. Any parade, etc., sponsored by any agency of the federal or state government, acting in its governmental capacity within the scope of its authority, shall be required to obtain a permit, however, it shall be exempt from the parade permit fee and insurance requirements contained herein.
A written application for a permit for any above-described function on the streets and highways under the jurisdiction of the City shall be made by one of the organizers or officers to the City Clerk on a form provided by said Clerk no less than 15 days prior to the usage. Application made less than 45 days prior to the day of the proposed usage must be made in person.
The application shall set forth the following information regarding the proposed usage:
The name, address and telephone number of the applicant.
If the usage is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.
The name, address and telephone number of the person who will be responsible for conducting the usage.
The date when the usage is to be conducted and its duration.
The assembly area, the starting point, the route to be traveled and the termination point.
The number and size of participants or units comprising the usage.
If the usage is to be conducted by or for any person other than the applicant, the applicant for such permit shall file with the City Clerk a communication, in writing, from the person proposing to hold the usage authorizing the applicant to apply for the permit on its behalf.
Any additional information which the Clerk finds reasonably necessary for a fair determination as to whether a permit should be issued.
The City Clerk shall submit a copy of the application to the Chief of Police and Director of Public Works.
The application may be denied:
If it is for a usage that is to be held on a work day during hours when and at places where, in addition to the proposed usage, the flow of vehicular traffic is usually delayed by its own volume.
If it is for a usage that is to be commenced between the hours of 9:00 p.m. and 9:00 a.m.
If sufficient supervision would not be provided as to reasonably assure the orderly conduct of the usage.
If the proposed route for conducting usage involves a street or highway under construction or detour route.
The application shall be denied:
If it is made less than 15 days in advance of the time the usage is scheduled to commence; or
If it is for a usage that is primarily for private or commercial economic gain; or
If it is for a usage which would involve violation of federal, state or local laws relating to use of highways or of other applicable regulations of the City; or
If the granting of the permit would conflict with another permit already granted or for which application is already pending; or
If more than one assembly area or more than one dispersal area is proposed; or
For failure to receive a permit under § 84.07(4), Wis. Stats.
The City Clerk shall issue a permit to the applicant subject to the foregoing requirements of this article, unless the City Clerk concludes that:
The policing of the usage will require so large a number of persons and vehicles, including ambulances, as to prevent adequate service of the needs of the rest of the municipality; or
The usage will substantially hinder the movement of police and fire and other emergency vehicles as to create a substantial risk to persons and property; or
The conduct of the usage will substantially interrupt the safe and orderly movement of other traffic contiguous to its route; or
The usage is so poorly organized that participants are likely to engage in aggressive or destructive activity.
Time when required. The City Clerk shall act as promptly as he reasonably can on all applications for permits after consulting with other government agencies directly affected and after consulting with the applicant, if necessary. All applications filed 45 days or more in advance shall be granted or denied not less than 30 days before the date of the usage stated in the application. Action on applications filed less than 45 days in advance shall be taken within 15 days after the application is filed, but in no case later than 48 hours in advance of the time applied for. The City Clerk shall immediately, by the most reasonable means of communication, notify the applicant of such action and, if the application is denied, the reasons for denial of the permit.
Modification of requested permit. In lieu of denying a permit, the Chief of Police may authorize the changing of assembly areas or dispersal areas or the conducting of the usage at a date or time or over a route different than as applied for in the permit. The applicant or permittee may accept such modification by immediately notifying the City Clerk or Chief of Police, in writing, of such acceptance.
Fee. There shall be paid at the time of filing the application for a usage permit a nonrefundable fee as prescribed in the City's fee schedule. The fee may be waived at the discretion of the Common Council.
Where the City Clerk determines that the cost of municipal services incident to the staging of the usage will be increased because of the usage, the Clerk may require the permittee to make an additional payment into the general fund of the City in an amount equal to the increased costs.
The City Clerk or Chief of Police may revoke a permit already issued if the official deems that such action is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of the peace or by a major change in the conditions forming the basis of the standards of issuance. In lieu of revoking a permit, an above-named official may require the permittee to file evidence of good and sufficient sureties, insurance in force or other evidence of adequate financial responsibility, running to the City of Prescott and such third parties as may be injured or damaged, in a amount depending upon the likelihood of injury or damage as a direct and proximate result of the holding of the usage sufficient to indemnify the municipality and such third parties as may be injured or damaged thereby, caused by the permittee, its agents or participants.
Each usage permit shall state such information or conditions as the City Clerk shall find necessary to the enforcement of this article.
Immediately upon the issuance of a usage permit, the City Clerk shall send a copy thereof to the following:
Permittee. A permittee under this article shall comply with all permit directions and conditions and with all applicable laws, ordinances and other regulations of the state and City.
Participants. No person who leads or participates in any usage shall disobey or encourage others to disobey this article after a law enforcement officer has directly and presently informed him or her of any of the provisions of this article or the terms of the applicable usage permit.
Prior to issuance of the permit, the City Clerk may require each permittee to furnish evidence of a liability insurance policy in amounts of not less than $100,000 for one person and $500,000 for any one accident and which shall be in force and effect at the time such usage is to take place. Said evidence of insurance shall include a certificate of insurance naming the City of Prescott as an additional insured in connection with said usage.