The title of this chapter shall be the "Special Event Permit
Ordinance."
The purpose and intent of this chapter is to protect the public
interest and promote the general health, safety, and welfare of the
Village by establishing rules and a permit process in order to hold
a special event on any property within the Village so as to address
potential impacts on the general public of a special event, including
without limitation noise, light, dust, traffic, parking, and other
public health safety and welfare concerns. Further, the purpose and
intent of this chapter is to promote the economic welfare and general
prosperity of the community by safeguarding and preserving property
values by addressing potential impacts of a special event.
Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
This chapter is intended to apply to all persons within the
Village, and its provisions shall be administered by the Village Board,
and/or other Village officials designated by the Village Board. This
chapter does not apply to any event which is sponsored by the Village,
or to any persons who already have a standing agreement with the Village
for frequent use of public property.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any person applying for a special event permit.
PERSON
Any person, firm, partnership, association, corporation,
company, governmental entity, or organization of any kind.
SPECIAL EVENT
Any temporary event or activity occurring on public or private
property that interferes with or differs from the normal and ordinary
use of the property or adjacent public or private property which,
due to the number of people involved, timing of the event, or other
similar factors deemed reasonably relevant by the Village, would require
Village services beyond those normally provided.
Any person or applicant for a special event shall satisfy all
of the following permit conditions, if applicable:
A. Liability insurance. The person or applicant and each special event
sponsoring group or vendor shall be required to supply the Village
with a certificate of insurance with coverage in the amount of not
less than $1,000,000 combined single limit per event and naming the
Village as an additionally insured party. Those events that will be
required to provide the aforementioned insurance indemnification include,
but are not limited to: 1) an event that includes alcohol; or 2) an
event that is anticipated to have attendance greater than 50 people
per day; or 3) an event that includes a road closure. Proof of insurance
shall be submitted to the Village a minimum of 30 days before the
start of the event. The applicant shall also be required to notify
the Village in the event there is a modification of any of the terms
of the insurance coverage. Such notification shall be provided not
less than two weeks prior to the effective date of that termination.
B. Indemnification. The person or applicant shall agree to indemnify,
defend, and hold harmless the Village, its employees, and agents against
all demands, claims, liabilities, losses, damages or expenses, including
but not limited to reasonable attorney's fees, incurred by the Village
for any damage or injury to person or property caused by or resulting
from in any way the activities for which the permit is granted. No
permit may be issued unless the person or applicant has agreed to
this indemnification in writing and in a manner confirming its enforceability.
C. Village services. All requests by applicants for Village services
must be made to the Village Administrator or his/her designee. The
applicant shall be responsible for reimbursement to the Village for
any Village personnel, services, equipment, and facilities provided
for the special event in the following circumstances for special events:
1) when deemed necessary by the Village, or 2) when requested by the
applicant and approved by the Village. For Village personnel, including
local Police Department security services, the reimbursable costs
associated with the event shall include wages, overtime, and fringe
benefits. An invoice shall be sent to the applicant, if applicable,
for Village personnel, services, equipment, and facilities with 15
days following the event. Payment is due within 30 days of invoice.
The Village reserves the right to require full or partial payment
of estimated costs in advance. The event organizer must cancel at
least 48 hours before the event in order to be refunded for personnel
costs.
D. Police Department security services. Where in the Village's reasonable discretion the circumstances require a security presence due to the scope and nature of the event, the Hobart/Lawrence Police Department shall be utilized to provide the required security. Said security presence will be over and above the normal policing which would be provided; however, it is subject to emergent needs for policing which may otherwise exist at the time of the event. The Chief of Police or his/her designee shall determine the level of coverage necessary to provide adequate security for an event covered under this chapter. The applicant shall be required to reimburse the Village of Hobart for security-related services in accordance with Subsection
C above.
E. Cleaning/damage deposit. The applicant shall be required to submit
to the Village a cleaning/damage deposit of $200 per day for each
scheduled day of the event, two weeks prior to the starting date of
the event. The cleaning/damage deposit may be refunded to the applicant,
if, upon inspection, all is in a reasonable condition that existed
prior to the commencement of the event, or a prorated portion thereof
as may be necessary to reimburse the Village for loss or cleaning
costs. The Village reserves the right to retain the entire deposit
if cleanup is not completed satisfactorily in the time frame as specified
in the permit. Unless otherwise stated in the permit, the applicant
shall be fully responsible for all necessary cleanup associated with
the permitted event to be completed within 12 hours after the conclusion
of the event.
F. Business license required. All vendors operating a revenue-generating
business as part of a special event permit obtained under this Code
section shall obtain and display any and all required Village permits
for the duration of the event (i.e., alcohol). Only those vendors
on the applicant's list of sponsors and participants shall be allowed
to receive permits subject to permit application requirements. All
persons serving beer and/or alcohol must hold an operator's license
in accordance with Wis. Stats. §§ 125.17(1), 125.32(2),
and 125.68(2). Vendors wishing to serve food items must also obtain
any required permit or license from the Brown County Health Department.
The applicant and all vendors shall comply with any other applicable
State of Wisconsin Statutes and Brown County ordinances and shall
be responsible for any additional required licenses or requirements.
G. Applicant representative. The special event sponsoring applicant
shall have at least one representative on site during the event to
coordinate events and enforce guidelines and standards on behalf of
the Village and the County or State Health Department, and shall also
be the primary Village contact for the event. The applicant shall
also provide sufficient staffing to provide assistance with crowd
control, parking, and sanitation. The determination of what constitutes
sufficient staffing will be made in conjunction with Village officials.
H. Inspections required. All tentage must be installed under the Wisconsin
SPS, Chapter 314, and National Fire Protection Association, Chapter
25. The applicant shall be responsible for reimbursing the Village
for any and all fire inspections required in association with the
proposed event. Wiring shall be installed by a licensed electrician
and a temporary permit issued with appropriate fees. All wiring shall
be inspected by the Village prior to being energized. Failure to obtain
inspections may result in the termination of the event.
I. Termination of event. The Village reserves the right to shut down
a special event that is in progress if it is deemed to be a public
safety hazard by the Police and/or Fire Department and/or there is
a violation of Village ordinances, state statutes or the terms of
the applicant's permit. The Village Administrator or his/her designee
may revoke an approved special event permit if the applicant fails
to comply in good faith with the provisions of the permit prior to
the event date.
Reasons for denial of a special event permit may include, but
are not limited to:
A. The event will disrupt traffic within the Village beyond a reasonably
practical solution.
B. The event will create a likelihood of endangering the public.
C. The event will interfere with access to emergency services.
D. The length, location, or time of the special event will cause undue
hardship or excessive noise levels to adjacent businesses or residents.
E. The event will require the diversion of Village resources that would
unreasonably affect the maintenance of regular Village service levels.
F. The application contains incomplete or false information.
G. The applicant fails to provide proof of insurance.
H. The applicant fails to agree to the indemnification requirements
in this chapter.
I. Any vendor fails to obtain the proper permits required by the Village.
J. Inadequate provision for garbage or debris removal.
K. Inadequate provision of temporary restroom facilities.
L. Inadequate provisions for parking.
M. The event conflicts with another event in the area.
Any person, applicant, organization, vendor, firm, or corporation violating any of the requirements of this chapter shall be subject to a forfeiture as defined in §
1-3 of the Village of Hobart Municipal Code. Each violation shall be considered a separate offense. In addition, the Village may enforce this section by way of injunctive relief and all other remedies available at law and in equity.
The Village may condition any special event permit on a requirement
that the person or applicant give written advance notice of the event
and its probable impact to any property owners or tenants who will
be impacted by the event.
Any person or applicant that is denied a special event permit
may appeal to the Village Board by requesting such appeal in writing
to the Village Administrator. Pursuant to Wis. Stat. § 68.16,
the Village Board elects that Chapter 68 shall not apply to any such
appeal.
[Amended 5-21-2024 by Ord. No. 2024-07]
A. Event classification. There are three classes of events: Class I,
Class II, and Class III. Each class has its own characteristics. An
event does not have to have all the characteristics listed to be in
the classification. The Village reserves the right to make a final
determination of an event's classification.
(1) Class I (Per the annual fee schedule adopted by the Village Board
by resolution):
(a)
Event will have a large number of participants and/or spectators
of approximately 200 or more people.
(b)
Event is open and may attract interest from the general population
of the community and surrounding areas.
(c)
Usually involves the closing of a street.
(d)
May involve multiple events.
(2) Class II (Per the annual fee schedule adopted by the Village Board
by resolution):
(a)
Event is open to the public, but is only of interest to a certain
segment of the community (i.e., runners, walkers, supporters of certain
causes, bicyclists, etc.) and may involve approximately 50 to 200
people.
(b)
Most athletic events (i.e., tournaments).
(c)
May involve the closing of a street.
(3) Class III (Per the annual fee schedule adopted by the Village Board
by resolution):
(a)
Event is closed to the public or will only appeal to the members
of a particular group and their guests.
(b)
Event may be of general interest and open to the public, but
will only involve a small number of people of approximately 50 people.
(c)
Does not include the closing of a street.
B. The permit application fee is for the application only, is nonrefundable
and based upon staff time to adequately process the application, and
does not substitute or remove charges/fees outlined in the rest of
this chapter.