[HISTORY: Adopted by the Board of Supervisors of Adams County 6-9-2005 by Ord. No. 6-32-2005. Amendments noted where applicable.]
A.
The purpose of this chapter is to regulate the assemblage of large
numbers of people, in excess of those normally needing the health,
sanitary, fire, police, transportation and utility services regularly
provided in this County, in order that the public peace and good order
and the health, safety and welfare of all persons in this County,
residents and visitors alike, may be protected.
B.
This chapter shall be effective in all unincorporated areas of Adams
County. This chapter shall not be effective in any incorporated municipality
of Adams County unless the governing body of that incorporated municipality
passes an ordinance expressly authorizing the enforcement of this
chapter within its corporate boundaries and forwards a copy of said
ordinance to the Adams County Clerk.
A.
No person shall permit, maintain, conduct, undertake, or manage an
actual or reasonably anticipated assembly of 500 or more people which
continues or can reasonably be expected to continue for 18 or more
consecutive hours, whether on public or private property, unless a
license to hold the assembly has first been issued by the governing
body of this County as hereinafter provided, application for which
must be made at least 30 days in advance of the assembly. A license
to hold an assembly issued to one person shall permit any person to
engage in any lawful activity in connection with the holding of the
licensed assembly.
C.
A separate license shall be required for each event and each location
in which 500 or more people assemble or can reasonably be anticipated
to assemble; the license shall be valid for the period of five consecutive
days, after which a new license shall be required; the fee for each
license shall be set by the Board of Supervisors.[1]
D.
A license shall permit the assembly of only the maximum number of
people stated in the license. The licensee shall not sell tickets
to nor permit to assemble at the licensed location more than the maximum
permissible number of people.
E.
The license shall not permit the sound of the assembly to carry unreasonably
beyond the enclosed boundaries of the location of the assembly.
F.
This chapter shall not apply to any regularly established, permanent
place of worship, stadium, athletic field, arena, auditorium, coliseum,
or other similar permanently established place of assembly for assemblies
which do not exceed by more than 250 people the maximum seating capacity
of the structure where the assembly is held.
G.
This chapter shall not apply to government financially sponsored
fairs such as are held on regularly established fairgrounds nor to
assemblies required to be licensed by other ordinances and regulations
of this County.
H.
An applicant shall execute and file with the County Clerk's office:
(1)
An agreement which shall indemnify and hold harmless this County
or any of its agents, officers, servants and employees from any liability
or causes of action which might arise by reason of granting this license.
(2)
Certificates of insurance issued by insurance companies licensed
to transact business with the State of Wisconsin providing that the
applicant and the assembly are covered by a comprehensive general
liability policy providing a minimum coverage of $2,000,000 aggregate
coverage; fire legal liability policy in the amount of $2,000,000;
and workers' compensation insurance as required by Wisconsin law.
Before a license may be issued pursuant to this chapter, the
applicant shall first demonstrate compliance with the following requirements:
A.
Indicate the maximum number of people which will be assembled or
admitted to the location of the assembly, provided that the maximum
number shall not exceed the maximum number which can reasonably assemble
at the location of the assembly in consideration of the nature of
the assembly and provided that, where the assembly is to continue
overnight, the maximum number shall not be more than is allowed to
sleep within the boundaries of the location of the assembly by the
zoning or health ordinances of this County.
B.
Provide proof that the applicant will furnish at his/her own expense
before the assembly commences:
(1)
A fence or other easily recognizable boundary marking system that
completely encloses the proposed location; a fence may be required
by the Adams County Sheriff if it is reasonably determined to be necessary
to protect the health, safety and welfare of the attendees, the community,
and/or neighboring property owners.
(2)
Potable water, meeting the purity and safety standards of Ch. NR
809, Wis. Adm. Code, for safe drinking water of less than the maximum
contaminant level goals as set forth therein, sufficient to provide
safe drinking water for the maximum number of people to be assembled.
(3)
Separate enclosed toilets for males and females, meeting all state
and local specifications, in numbers sufficient to comply with the
requirements of the Wisconsin Administrative Code, conveniently located
throughout the grounds, together with an efficient, sanitary means
of disposing of waste matter deposited; a supply of running water
under pressure and a continuous supply of soap and paper towels shall
be provided with each toileting area.[1]
(4)
A sanitary method of disposing of solid waste, in compliance with
state and local laws and regulations, sufficient to dispose of the
solid waste production of the maximum number of people to be assembled
at the rate of at least 2.5 pounds of solid waste per person per day,
together with a plan for holding and a plan for collecting all such
waste at least once each day of the assembly and sufficient trash
cans with tight-fitting lids and personnel to perform the task.
(5)
An emergency medical station capable of providing emergency treatment
and first aid to the assemblage. Such station shall be staffed with
personnel trained to, at minimum, the proficiency of an emergency
medial technician (EMT), at a level of one staff person per 1,000
expected to assemble, to a maximum staffing requirement of five trained
individuals. The applicant shall also have a demonstrated means of
contacting local emergency service providers in the event of an emergency
that exceeds the capabilities of the on-site medical station.
(6)
If the assembly is to continue during hours of darkness, illumination
sufficient to light the main activity area of the assembly at a level
sufficient to ensure safety, but not to shine unreasonably beyond
the boundaries of the location of the assembly. The toileting area
shall be illuminated sufficiently to allow for safe usage of the toilets
and the hand-washing stations. In addition, the Public Safety and
Judiciary Committee may require the lighting of parking areas and
avenues of ingress and egress if reasonably necessary to protect public
safety.[2]
(7)
A free parking area inside of the assembly grounds sufficient to
provide parking space for the maximum number of people to be assembled
at the rate of at least one parking space for every four persons.
(8)
A minimum of either one hard-wired telephone line that shall be operational
during the entire period that the event is being held or, in the alternative,
the applicant may represent in writing that the applicant will have
two or more cellular phones that have been tested and found to function
in the area and that will be in constant operation the entire period
the event is held. The applicant shall include this phone number or
numbers in the application. Additional wireless communications devices
may be used as necessary to ensure that the event operators can contact
emergency services at all times.
(9)
If the assembly is to continue overnight, camping facilities in compliance
with all state and local requirements as set forth in the Wisconsin
Administrative Code and ordinances of this County, sufficient to provide
camping accommodations for the maximum number of people camping.
(10)
Security guards sufficient to provide adequate security for
the maximum number of people to be assembled. A primary security officer,
who is a licensed security officer in the State of Wisconsin or has
other similar credentials, shall be designated, whose name, address
and telephone number shall be provided to local law enforcement. As
a condition of the license, local law enforcement officers shall be
granted access to the site to ensure public safety.
(11)
Fire protection sufficient to meet all state and local standards
for the location of the assembly as set forth in the Wisconsin Administrative
Code and ordinances of the County.
(12)
All reasonable necessary precautions to ensure that the sound
of the assembly will not carry beyond the boundaries of the location
of the assembly; the use of sound-amplification devices shall be prohibited
between the hours of 12:00 midnight and 8:00 a.m., except in emergency
situations which otherwise require such use.
(13)
For assemblies over 2,000 persons, a bond filed with the Clerk
of the County, either in cash or underwritten by a surety company
licensed to do business in Wisconsin, at the rate of $1 per person
for the maximum number of people permitted to assemble, which shall
indemnify and hold harmless this County or any of its agents, servants
and employees from any liability or causes of action which might arise
by reason of granting this license, and from any cost incurred in
cleaning up any waste material produced or left by the assembly.
A.
Application for a license to hold an actual or anticipated assembly
of 500 or more persons shall be made in writing to the County Clerk
of this County at least 30 days in advance of such assembly; exceptions
may be made to this time limit with the written approval of the Adams
County Sheriff.
B.
The application shall contain a statement made upon oath or affirmation
that the statements contained therein are true and correct to the
best knowledge of the applicant and shall be signed and sworn to or
affirmed by the individual making application in the case of an individual
natural human being, by all officers in the case of a corporation,
by all partners in the case of a partnership or by all officers of
any unincorporated association, society or group or, if there be no
officers, by all members of such association, society or group.
C.
The application shall contain and disclose:
(1)
The name, age, residence and mailing address of all persons required to sign the application by Subsection B and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence and mailing address of the primary officers of said corporation.
(2)
The address and legal description of all property upon which the
assembly is to be held together with the name, residence and mailing
address of the record owner(s) of all such property.
(3)
Proof of ownership of all property upon which the assembly is to
be held, or a valid, written lease executed by the property owner,
and a statement made upon oath or affirmation by the record owner(s)
of all such property that the applicant has permission to use such
property for an assembly of 500 or more persons. If the property is
owned by a corporation, proof that the person purporting to act for
the corporation has actual authority of the shareholders of said corporation
to authorize the use of the corporate real estate for the proposed
purpose.[1]
(4)
The nature or purpose of the assembly.
(5)
The total number of days and/or hours during which the assembly is
to last.
(6)
The maximum number of persons which the applicant shall permit to
assemble at any time, not to exceed the maximum number which can reasonably
assemble at the location of the assembly, in consideration of the
nature of the assembly, or the maximum number of persons allowed to
sleep within the boundaries of the location of the assembly by the
zoning ordinances of the County if the assembly is to continue overnight.
(7)
The maximum number of tickets to be sold, if any.
(8)
The plans of the applicant to limit the maximum number of people
permitted to assemble.
(9)
The plans, including an accurate description of the means to be used,
for marking the boundaries of the location of the assembly.
(10)
The plans for supplying potable water, including the source,
amount available and location of outlets.
(11)
The plans for providing toilet and lavatory facilities, including
the source, number and location, type, and the means of disposing
of waste deposited.
(12)
The plans for holding, collection, and disposing of solid waste
material.
(13)
The plans to provide for medical services and on-site first
aid, to include the names and hours of availability of the medical
support personnel, and provisions for contacting emergency medical
service.
(14)
The plans, if any, to illuminate the location of the assembly
as required by this chapter.
(15)
The plans for parking vehicles, including size and location
of lots, how traffic flow and traffic control is to be maintained,
points of highway access and interior roads, including routes between
highway access and parking lots.
(16)
The plans for telephone service, including the source, number
and location of the hard-wired telephones.
(17)
The plans for camping facilities, if any, including facilities
available and their location.
(18)
The plans for security, including the number of guards and the
name, address and telephone number of the primary security officer,
along with certification that such information has been provided to
local law enforcement agencies.
(19)
The plans for fire and severe weather protection and emergency
response, including on-site capabilities to respond to fire or severe
weather emergencies.
(20)
The plans for sound control and sound amplification, if any.
(21)
The plans for food concessions and concessionaires who will
be allowed to operate on the grounds, including the names and addresses
of all concessionaires and their license or permit numbers.
The application for a license shall be processed within 20 days
of receipt. The application shall be reviewed by the Public Safety
and Judiciary Committee, with the assistance of the Adams County Health
and Human Services Department and the Sheriff's Office, to ensure
compliance with this chapter. The license shall be issued by the County
Clerk if all conditions are complied with as determined by the Public
Safety and Judiciary Committee.
The license may be revoked by the governing body of Adams County,
the Public Safety and Judiciary Committee, or any committee thereof
designated by the governing body to so act at any time if any of the
conditions necessary for the issuing of or contained in the license
are not complied with, or if any condition previously met ceases to
be complied with.
A.
The provisions of this chapter may be enforced by injunction of any
court of competent jurisdiction and by citation issued by local law
enforcement officers and/or by designated County enforcement personnel.
B.
The holding of an assembly in violation of any provision or condition
contained in this chapter or any license issued hereunder shall be
deemed a public nuisance and may be abated as such.
C.
Any person, firm, company or corporation who or which violates this
chapter or who or which violates any condition upon which a license
is granted may be fined not less than $1,000 nor more than $10,000
for each violation. Each day of violation shall be considered a separate
offense.
