[Adopted as Title 7, Ch. 9, of the 1997 Code]
The City of Brodhead 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.
As used in this article, the following terms shall have the
meanings indicated:
HIGHWAYS or STREETS
The meaning set forth in § 340.01, Wis. Stats.,
and also includes areas owned by the City of Brodhead which are used
primarily for pedestrian or vehicular traffic.
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-Treasurer
on a form provided by said Clerk-Treasurer 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:
A. The name, address and telephone number of the applicant.
B. 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.
C. The name, address and telephone number of the person who will be
responsible for conducting the usage.
D. The date when the usage is to be conducted and its duration.
E. The assembly area, the starting point, the route to be traveled and
the termination point.
F. The number and size of participants or units comprising the usage.
G. 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-Treasurer a communication in writing from the person proposing
to hold the usage authorizing the applicant to apply for the permit
on its behalf.
H. Any additional information which the Clerk-Treasurer finds reasonably
necessary for a fair determination as to whether a permit should be
issued.
The City Clerk-Treasurer shall submit a copy of the application
to the Chief of Police and Director of Public Works.
The application may be denied:
A. 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.
B. If it is for a usage that is to be commenced between the hours of
9:00 p.m. and 9:00 a.m.
C. If sufficient supervision would not be provided as to reasonably
assure the orderly conduct of the usage.
D. If the proposed route for conducting usage involves a street or highway
under construction or detour route.
The application shall be denied:
A. If it is made less than 15 days in advance of the time the usage
is scheduled to commence; or
B. If it is for a usage that is primarily for private or commercial
economic gain; or
C. 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
D. If the granting of the permit would conflict with another permit
already granted or for which application is already pending; or
E. If the application does not contain the information required by §
398-29; or
F. If more than one assembly area or more than one dispersal area is
proposed; or
G. Failure to receive permit under § 84.07(4), Wis. Stats.
The City Clerk-Treasurer shall issue a permit to the applicant
subject to the foregoing requirements of this article, unless the
City Clerk-Treasurer concludes that:
A. 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
B. 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
C. The conduct of the usage will substantially interrupt the safe and
orderly movement of other traffic contiguous to its route; or
D. The usage is so poorly organized that participants are likely to
engage in aggressive or destructive activity.
A. Time when required. The City Clerk-Treasurer 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-Treasurer 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.
B. 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-Treasurer
or Chief of Police in writing of such acceptance.
There shall be paid at the time of filing the application for
a usage permit a fee as set by resolution of the Common Council. The
fee may be waived at the discretion of the Common Council.
Where the City Clerk-Treasurer determines that the cost of municipal
services incident to the staging of the usage will be increased because
of the usage, the Clerk-Treasurer 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-Treasurer 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 Brodhead and such third parties as may be injured or
damaged, in an 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-Treasurer shall find necessary to the enforcement
of this article.
Immediately upon the issuance of a usage permit, the City Clerk-Treasurer
shall send a copy thereof to the following:
A. Each public transportation utility whose regular service will be
affected by the usage.
B. Chief of Police, Director of Public Works and Fire Chief.
A. 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.
B. 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-Treasurer 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, 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 Brodhead as an additional
insured in connection with said usage.