[Adopted as Title 7, Ch. 9, of the 1997 Code]
A.
Purpose. The City of Fox Lake 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 to protect 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.
B.
HIGHWAY or STREET
PROCESSIONS, PARADES, RUNS, WALKS, MARATHONS, BICYCLE RACES,
ETC.
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Has the meaning set forth in § 340.01, Wis. Stats.,
and also includes areas owned by the City of Fox Lake which are used
primarily for pedestrian or vehicular traffic.
Their usual and customary usage.
A.
Permit required. 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.
B.
Exemptions from permit requirement. 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.
C.
When application must be made. 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.
D.
Information required in application. The application shall set forth
the following information regarding the proposed usage:
(1)
The name, address and telephone number of the applicant.
(2)
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.
(3)
The name, address and telephone number of the person who will be
responsible for conducting the usage.
(4)
The date when the usage is to be conducted and its duration.
(5)
The assembly area, the starting point, the route to be traveled and
the termination point.
(6)
The number and size of participants or units comprising the usage.
(7)
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 his
behalf.
(8)
Any additional information which the Clerk finds reasonably necessary
for a fair determination as to whether a permit should be issued.
E.
Recommendations of governmental agencies. The City Clerk shall submit
a copy of the application to the Chief of Police and Director of Public
Works.
F.
Basis for discretionary denial of permit. The application may be
denied:
(1)
If it is for a usage that is to be held on a workday 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.
(2)
If it is for a usage that is to be commenced between the hours of
9:00 p.m. and 9:00 a.m.
(3)
If sufficient supervision would not be provided as to reasonably
assure the orderly conduct of the usage.
(4)
If the proposed route for conducting the usage involves a street
or highway under construction or detour route.
G.
Mandatory denial of permit. The application shall be denied:
(1)
If it is made less than 15 days in advance of the time the usage
is scheduled to commence;
(2)
If it is for a usage that is primarily for private or commercial
economic gain;
(3)
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;
(4)
If the granting of the permit would conflict with another permit
already granted or for which application is already pending;
(6)
If more than one assembly area or more than one dispersal area is
proposed; or
(7)
For failure to receive a permit under § 84.07(4), Wis.
Stats.
H.
Permit issued unless threat to public safety. The City Clerk shall
issue a permit to the applicant subject to the foregoing requirements
of this article, unless the City Clerk concludes that:
(1)
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;
(2)
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;
(3)
The conduct of the usage will substantially interrupt the safe and
orderly movement of other traffic contiguous to its route; or
(4)
The usage is so poorly organized that participants are likely to
engage in aggressive or destructive activity.
I.
Grant or denial of permit.
(1)
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.
(2)
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.
J.
Fee. There shall be paid at the time of filing the application for
a usage permit a fee set by the Common Council. The fee may be waived
at the discretion of the Common Council.
K.
Charge for increased costs. 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.
L.
Emergency revocation. The Mayor 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 Fox Lake 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.
M.
Usage permit contents. Each usage permit shall state such information
or conditions as the City Clerk shall find necessary to the enforcement
of this article.
O.
Compliance with regulations.
(1)
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.
(2)
Participants. No person who leads or participates in any usage shall
disobey or encourage others to disobey this section after a law enforcement
officer has directly and presently informed him or her of any of the
provisions of this section or the terms of the applicable usage permit.
P.
Insurance required. 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 Fox Lake as
an additional insured in connection with said usage.
