[HISTORY: Adopted by the Town Board of the Town of Pacific
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 310.
[Adopted 6-18-2013 by Ord. No. 2013-6]
This article is entitled the "Town of Pacific Special Events
Permit Ordinance." This article repeals and replaces any previously
adopted Town ordinance covering the subject matter of this article.
The Town Board has the authority to promote and protect the
health, safety and general welfare of the citizens and inhabitants
of the Town and enacts this article for that purpose. This article
is enacted pursuant to Ch. 60, Wis. Stats.
A.
General.
(1)
Any person operating, conducting or managing within the Town any
outdoor dance, show, presentation, amusement, musical event or similar
occurrence during which a public address system, instrument, amplifier,
machine or other device which increases the volume of sound is to
be used must obtain a special event permit from the Town.
(2)
A permit under this provision shall not be required for any small
private party event or gathering, namely, a party, event or gathering
limited to no more than 75 attendees which is not open to the general
public and for which no products are sold to those attending and no
admission fee is charged. However, a permit may be issued for such
small private parties, events and gatherings.
B.
Application.
(1)
An application for a special event permit, along with the application
fee set by the Town Board, shall be filed with the Town Clerk on forms
provided by the Town Clerk at least 14 days before the Town Board
meeting in which the applicant seeks to have the Board act on the
application. The application shall be signed and sworn to by the applicant,
if an individual; one partner, if a partnership; or by a duly authorized
agent, officer or member, if a corporation or limited liability company.
The application shall include:
(a)
The name, address and telephone number of the applicant;
(b)
The address of the premises where such event/activity is proposed
to occur;
(c)
The date and period of time for which the permit is sought;
(d)
A general description of the type of event to be held on the
premises;
(e)
A description of any equipment to be used for the amplification
of noise/sound and steps to be taken to minimize noise/sound emanating
from the premises;
(f)
If an evening event, a description of the outdoor lighting to
be used and steps to be taken to minimize light emanating from the
premises;
(g)
A description of measures to be taken to address toilet and
sanitation needs for the event;
(h)
A description of measures to be taken to address parking for
those attending the event; and
(i)
Name, address, phone number and date of birth of the responsible
person who will be present on the site during the event/activity.
(2)
In no event may special event permits be issued for more than four
events/activities occurring on the same premises in any four-week
period. Each twenty-four-hour period included in any single event
shall be deemed a separate event for purposes of determining the allowable
number of events in any period.
C.
Notices. Each permit sought shall require a separate application.
The Town Clerk upon receiving the application shall send a copy of
the application to all landowners who own any parcel located within
300 feet of the premises, together with notice of the date that the
Board is to hold a hearing to consider the application.
D.
Decision by Board. The application shall be referred to the Board and, if timely filed, the Board shall hold a hearing on the application at its next regularly scheduled meeting. The Board, in making a determination, shall consider the days of the week and hours during which the activity will be operated on the premises, the sufficiency of the applicant's plan to address noise/sound and light emanating from the premises, parking, toilet and sanitation needs for the event and other likely impacts from the event, if any, on the neighborhood. Its determination shall be based upon whether the event, as proposed, is likely to cause significant interference with the use and/or enjoyment of neighboring properties or otherwise have an appreciable detrimental effect on the public health, safety or welfare. Denial may also be based on whether the proposed event would exceed the number of permissible events under Subsection B(2). The subject matter of the proposed event/activity shall not be considered in determining whether to grant the permit. The Town Board may approve the application as presented, approve the application subject to limitations and conditions, or deny the application. If the application is denied, the Town Board shall set forth the basis for its denial.
A.
First offense. Any person or entity who shall violate any provision
of this article shall, upon conviction thereof, forfeit not less than
$100 nor more than $500, together with the costs of prosecution.
B.
Subsequent offense. Any person or entity found guilty of violating
this article who shall previously have been convicted of a violation
of this same article shall, upon conviction thereof, forfeit not less
than $250 nor more than $1,000 for each such offense, together with
the costs of prosecution.
