[HISTORY: Adopted by the Village Board of the Village of East Troy 4-3-2000 by Ord. No. 2000-2 as Title 7, Ch. 11, of the 2000 Code. Amendments noted where applicable.]
A.
Permit required. No person, firm, corporation, association, company or organization of any kind shall engage or participate in, conduct, exhibit, operate or maintain any special community event or activity, such as a circus, menagerie, street carnival, exhibition, contest or theatrical performance of any nature, whether or not admission is charged, upon any street, square, park or other public place or way within the Village unless a permit is obtained therefor.
[Amended 6-15-2015 by Ord. No. 2015-02]
B.
Forms. Any person desiring to procure a permit as required by this chapter shall file with the Village Clerk a written application on forms provided by said Clerk.
[Amended 12-16-2019 by Ord. No. 2019-18]
C.
Application. An application for a special community event or activity permit shall be filed with the Village Clerk not less than 45 days nor more than 12 months before the date on which it is proposed to conduct the event or activity. This provision may be waived by the Village Board. If the Village Board waives the forty-five-day requirement, then the applicant shall be assessed a charge set by the Village Board payable at the time the permit is issued. If an applicant proposes to conduct a number of identical events, such as a series of baseball games or the like, it is permissible for said applicant to include in his/her application a listing of all proposed event dates which would take place within the twelve-month period following the filing of the application.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
D.
Application contents. The application for a special community event or activity permit shall contain the following information:
(1)
The name, address and telephone number of the person, organization, firm, partnership, corporation or association seeking to conduct such event, referred to in this chapter as the "applicant."
(2)
The name, address and telephone number of the person who will be the event chairperson and who will be responsible for the conduct of the event.
(3)
Dates when the event is to be conducted.
(4)
The public place where the event is to be located or conducted.
(5)
The daily hours when such event or activity will start and terminate.
(6)
The specific nature of the event or activity for which the permit is sought.
(7)
A statement as to whether any vehicle, machinery, device, shelter, building or other structure, whether portable, temporary or permanent, or whether publicly or privately owned, will be utilized in conjunction with the event, giving a brief description of the nature and function of each vehicle, piece of machinery, device, shelter, building or other structure.
(8)
A statement as to whether any animals will be employed, displayed or utilized in any way in conjunction with the event, giving the name and number of such animals and a brief statement as to how they will be used.
(9)
A statement as to whether the event chairperson has, either alone or with someone else, previously conducted any public event or activity, when and where, and the nature of that event or activity.
(10)
A statement as to whether the applicant and/or event chairperson has previously been convicted of violating any law regulating the conduct of any public event or activity and, if so, the specific offense, date of conviction, and in what court.
(11)
Such other information as either the Village Clerk, Village Board, any individual member of the Village Board, Chief of Police, East Troy Emergency Services or Village Attorney may, from time to time, require.
[Amended 12-16-2019 by Ord. No. 2019-18]
E.
Referral; investigation; report.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
(1)
The Village Clerk shall note the date on which the application was filed and shall refer copies of such application to the Village President and members of the Village Board at the next regularly scheduled Village Board meeting. The Village Board may refer copies of said application to the Chief of Police, East Troy Emergency Services and/or Building Inspector, who, in the event of a referral, shall inspect or cause to be inspected the application to make a determination as to whether the event which is the subject of the application would comply with all applicable laws, ordinances, and health and fire regulations and whether, in his/her or its opinion, it would be a safe and proper event.
(2)
These officials shall, within eight days of the date on which the application was referred to them, separately furnish to the Village Clerk, in writing, the information derived from their investigation, accompanied by a recommendation as to whether a permit should be granted or refused. These reports shall remain on file with the Village Clerk and shall be available to any interested person.
F.
Hold harmless agreement and certificate of insurance.
(1)
A properly executed hold harmless and indemnity agreement running to the Village, which agreement shall provide, among other things, that the Village will be indemnified and held safe and harmless from any and all damages which may be asserted against the Village by reason of any damages or injuries sustained by any person or to any property by the event or activity itself, or by the participants therein, shall be required of each applicant. The agreement shall also provide that the Village be reimbursed for any damage or injuries which are sustained by reason of said event or activity or by the acts of any participants therein.
(2)
The applicant may also be required by the Village Board to submit a certificate of insurance evidencing contractual coverage for such hold harmless and indemnity agreement. In the event such a certificate is required, the aggregate amount of contractual coverage shall be either $250,000, $500,000, $750,000, or $1,000,000, as determined by the Village Board, depending upon such factors as the public place at which the event is to be conducted, the nature of the event, the nature and number of any animals, experience, if any, of the event chairperson in conducting a special event, and other like considerations relating to the event for which the permit application has been filed.
(3)
The hold harmless and indemnity agreement and certificate of insurance, if one has been required, shall be subject to the approval of the Village Attorney.
G.
Permit issuance.
(1)
A permit shall be issued by the Village Board if it is found that all of the persons named in the application are of good moral character, that the proposed event would comply and conform to all laws, ordinances and health and fire regulations applicable thereto, and that it would be a reasonable, safe and proper event.
(2)
No permit shall be refused except for a specific reason and for the protection of the public's safety, health, morals or general welfare.
(3)
The Village Board shall act upon each application within 30 days after the filing thereof.
(4)
In the event the Village Board approves the application unconditionally, the Village Clerk shall issue a special event permit in accord with the direction of the Village Board and with the provisions of Subsection J.
[Amended 12-16-2019 by Ord. No. 2019-18]
(5)
If the Village Board disapproves the application, the applicant shall be so notified. Such notice shall be given by certified mail and shall state the reasons for disapproval. Notice shall be deemed given when mailed.
(6)
Conditional approval of a permit may be given by the Village Board, subject to the submittal by the applicant of its hold harmless agreement and certificate of insurance, if one is required.
H.
Notice to Village officials. Immediately upon the issuance by the Village Board of a special community event or activity permit, the Village Clerk shall send a copy thereof to the following:
[Amended 12-16-2019 by Ord. No. 2019-18]
I.
Alternative permit. The Village Board, in disapproving an application or certain portions of an application, may, in its notice of disapproval, authorize the conduct of the event or activity on a date, at a time or under different circumstances from that named by the applicant. An applicant desiring to accept an alternative permit shall, within seven days of the notice of disapproval, as provided in Subsection G, file a written notice of acceptance of the alternative date, time, etc., with the Village Clerk. The Village Clerk shall then issue a permit conforming to these alternative provisions.
[Amended 12-16-2019 by Ord. No. 2019-18]
J.
Permit contents. Each permit shall state the following:
(1)
Dates of the event or activity.
(2)
The daily hours when such event or activity will start and terminate.
(3)
The location where such event or activity is to be conducted.
(4)
The exact nature of the event or activity, including a description of the vehicles, machinery, animals, devices, shelters, buildings, etc., which are to be used in conjunction with the event.
(5)
Such other information as the Village Board finds necessary for the enforcement of this chapter.
K.
Fees required. Permit fees are included on the most recent fee schedule adopted by resolution of the Village Board. In addition to permit fees there may be fees charged that reasonably relate to the cost of providing additional services in relation to the special event. These fees are also included on the fee schedule.
[Amended 6-15-2015 by Ord. No. 2015-02]
L.
Permit nontransferability. Any and all permits granted under the provisions of this chapter shall be nontransferable.
A.
A permittee under this chapter shall comply with all permit directions and conditions and with all applicable laws and ordinances.
B.
The event chairperson shall immediately post such permit and keep the same posted while in force in a conspicuous place on the location mentioned in the application for such permit. It shall be unlawful for any person to post such permit or to be permitted to post it upon premises other than those mentioned in the application or knowingly to deface or destroy such permit.
C.
Whenever a permit is lost or destroyed without fault on the part of the holder or his/her agent or employees, a duplicate permit in lieu thereof, under the original application, may be issued by the Village Clerk at his/her discretion.
[Amended 12-16-2019 by Ord. No. 2019-18]
[Amended 6-15-2015 by Ord. No. 2015-02]
No recipient of a permit under this chapter shall allow any disorderly conduct, or the use of any immoral, profane or indecent language, or allow the sale, giving away, delivering or use therein of any drugs, or allow such place of event or activity to become and be a place or resort of thieves, prostitutes, gamblers or other disorderly persons. No intoxicating liquors may be sold or dispensed at such special community activity or event unless a license has been obtained therefor, as provided in § 305-16 of this Code.
All special community activity and event places and facilities appertaining thereto shall be kept at all times in a clean, healthful and sanitary condition. All stairways and other passages and all rooms connected with the public activity or event shall be kept open and well lighted during public use.
A.
Revocation. The Village Board may, at any time after giving the applicant notice and an opportunity to be heard, revoke any permit granted under the provisions of this chapter for the violation of any of the rules, regulations, ordinances or laws governing or applying to the public activities or events or for the protection of the public health, safety, morals or general welfare. Notice of such hearing and the reasons therefor, in writing, shall be served by the Village Board upon the applicant by mailing the same by certified mail to the address given on the application.
B.
Cancellation. If, after issuing a permit, an emergency arises which may threaten the health, comfort or safety of the general public or of the participants of the activity or event, the Village President or his/her designee may cancel the permit forthwith and prohibit the proposed activity or event.