City of Monroe, WI Special Events

The public safety committee shall review all applications for special events permits.

The public safety committee shall make recommendations to the council regarding the granting or denial of the requested permit. As a part of such recommendations, the committee shall recommend the taking of such action or the imposition of such conditions as are considered necessary. The recommendations shall include, but shall not be limited to:

Whether the council should grant the special events permit.

What conditions should be imposed on a permit to be issued.

Whether the city should grant the sponsor the right to use public property for the proposed special event.

Whether the city should close streets within the city for the special event, and if so, a designation of the streets and the periods during which such streets should be closed.

Whether the city should rezone parking areas or suspend parking regulations within designated areas within the city for the special event.

§ 3-13-5 Authority of council.

[11-6-1991; 2016 Code]

The council may grant any person the right to use public property for special events. The council may close streets, rezone parking areas, suspend parking regulations, and take such other action as is considered necessary or desirable for the proper function of a special event.

§ 3-13-6 Authority of chief of police.

[11-6-1991; 2016 Code]

The chief of police may restrict, direct, and regulate motor vehicle traffic, motor vehicle parking, and movement of pedestrians during a special event, as necessary for the safety of the public. All directives of the chief of police under this section shall control over contradictory provisions of the special event permit.

§ 3-13-7 Determination of substantial impact.

[11-6-1991; 9-3-2002; 2016 Code]

The chief of police shall determine whether a proposed event will have a substantial impact upon public property.

In determining whether a proposed event will have a substantial impact upon public property, the following factors shall be considered:

The extent to which streets will need to be closed for the special event.

The amount of traffic control services required for the safety of the public and participants at the special event.

The extent to which the special event will impact upon normal parking patterns within the area affected by the special event.

Such other factors as passed from time to time by resolution of the council, upon recommendation of the public safety committee.

§ 3-13-8 Exemptions.

[11-6-1991; 2016 Code]

This chapter shall not apply to the following:

Any auction for which a license or permit has been granted by the city.

Special events required by statute or by order of any court.

§ 3-13-9 Application for permit.

[11-6-1991; 2016 Code]

Each person desiring to become a sponsor shall file a written, sworn application for a permit on forms supplied by the city clerk. The application shall be filed with the city clerk.

The application shall contain the following information:

Name and address. A list of the names, addresses and telephone numbers of the sponsor, and not less than three individuals who will hold positions of responsibility with respect to the special event.

Convictions. A statement of any conviction of the sponsor, any officer or director of the sponsor, and the three individuals listed under subsection (B)(1) of this section, for any violation of any criminal law or municipal code, other than traffic and parking violations. Such statement shall include a statement of the nature of the offense and the punishment or penalty assessed therefor.

Description of special event. A description of the nature of the special event, the dates and times during which it is proposed to operate, and the locations in which it is proposed to operate.

Other permits. A description of all other permits which the sponsor anticipates will be required for the conduct of the special event, such as commercial carnival permits, circus permits, and noise amplification permits.

Term of permit. A statement of the length of time for which a permit is desired.

Prior suspensions or revocations. A statement of any prior suspension or revocation of a special event permit of the sponsor or any individual who will hold a position of responsibility with respect to the special event.

Mapped routes. When the proposed special event will feature foot or bicycle races, runs, rides or parades, the sponsor shall submit the proposed route with the application.

In the application, the sponsor shall agree to indemnify and save harmless the city against all liabilities, claims, demands, and losses, including costs, expenses, and reasonable attorney fees, for injury or death of any individual or loss or damages to the property of any person arising from any activity undertaken pursuant to a permit issued under this chapter. No permit shall be issued unless this signed statement is included in the application.

The sponsor must submit the application for a special event permit a reasonable time before the commencement of the proposed special event. Submittal less than 30 days before the commencement of the proposed special event shall be presumed unreasonable. If the public safety committee, chief of police, or city clerk has inadequate time to properly consider whether a permit should be granted under this chapter, the permit shall not be granted.

§ 3-13-10 Insurance requirements.

[11-2-1999; 6-16-2015; 2016 Code]

Each sponsor shall provide the city clerk with an insurance binder or certificate of insurance showing that the sponsor has insurance coverage for all liabilities and obligations that may result from the activities undertaken pursuant to the permit. If a binder is provided, a certificate of insurance shall be provided before the issuance of a permit. Such coverage shall include:

Coverage for operations by the sponsor's employees, agents, contractors and subcontractors.

Coverage of the city as an additional named insured.

Coverage for personal injury to participants in the special event.

Coverage for property damage occurring as a result of the special event.

The certificate of insurance shall provide that the insurance company shall furnish the city with a 10 day written notice of cancellation, nonrenewal or material change.

The insurance company issuing the certificate of insurance shall be licensed in the state of Wisconsin and shall be approved by the city.

The insurance shall be written in comprehensive form and shall protect the sponsor and city against all claims arising from injuries to members of the public or damages to property of others arising out of any act or omission of the sponsor, its employees, agents, contractors or subcontractors.

(E)

The policy of insurance shall provide coverage in such amounts as are set, from time to time, by resolution of the council.

§ 3-13-11 Investigation and issuance.

[11-6-1991; 2016 Code]

An application that fulfills the requirements of sections 3-13-9 and 3-13-10 of this chapter shall be submitted by the city clerk to the chief of police for processing. An application that does not fulfill such requirements shall be returned to the sponsor without action.

The chief of police may require such additional information from the sponsor as he or she considers necessary.

The chief of police shall investigate the sponsor's background and other matters regarding the special event. The chief of police shall submit the application and his or her recommendations to the public safety committee within a reasonable time after his or her receipt of the application.

In determining whether to recommend granting of a permit under this chapter, the public safety committee shall consider:

The impact that the special event will have upon public property.

The public inconvenience or disruption of affairs of the public that will be caused by the special event.

The effect of the special event on public safety.

All costs which will be incurred by the city as a result of the special event.

The capacity of the city to provide support services for the special event.

All detrimental effects on the community from the holding of the special event.

All benefits which will inure to the community from the holding of the special event.

(8)

The risk of liability to the city from the holding of the special event.

(9)

The number of people expected to be involved in the special event.

(10)

The area of the city affected by or to be used by the special event.

(11)

The recommendations of the chief of police.

(E)

The public safety committee may condition the issuance of any permit under this chapter upon the provision of specific services and payment of specific costs by the sponsor, and may impose such other conditions of operation as are deemed necessary by the committee after consideration of the factors enumerated in this section.

(F)

All applications for a special event permit shall be submitted for approval to the council with a recommendation by the public safety committee as to any conditions or restrictions which should be placed upon such special event. Approval shall be by resolution of the council.

(G)

All permits approved by resolution of the council shall be issued by the city clerk.

(H)

Each permit issued pursuant to this chapter shall contain the following:

The signature of the issuing officer.

The name, address and telephone number of the sponsor and not less than three individuals who hold positions of responsibility with respect to the special event.

A statement of the general nature of activities authorized pursuant to the permit.

The amount of fee paid.

The date of issuance.

The effective dates of the permit.

The permit number.

(I)

No permit shall be issued, assigned, or otherwise transferred to any person other than the person that filed the original application. The city clerk shall keep a permanent record of all permits issued.

§ 3-13-12 Permit fees.

[11-6-1991; 4-18-2016; 2016 Code]

The fee for issuance of a special event permit shall be established from time to time by resolution of the council.

§ 3-13-13 Special events regulations.

[11-6-1991; 2016 Code]

Notwithstanding other provisions of this code, the council may grant a sponsor:

The exclusive right to select and control vendors who shall be authorized to operate within the area designated for such special event;

The right to designate sites within such area where such vendors shall be permitted to operate during the special event;

The right to charge such vendors a fee or commission for the privilege of operating within the area designated for the special event.

Any sponsor that is granted any of the rights set forth in subsection 3-13-13(A) shall be liable for all acts of such vendors, including all violations of this chapter by such vendors.

This subsection shall not prevent the sponsor from requiring subrogation agreements from such vendors, or from requiring such vendors to provide insurance coverage for their actions at the special event.

The city shall not be bound by any subrogation agreement or insurance agreement between a vendor and a sponsor.

Each sponsor shall exhibit its permit at the request of any police officer or citizen.

It shall be unlawful for a sponsor to do any of the following:

Operate in violation of a condition or restriction placed upon its permit.

Fail to comply with any licensing or inspection requirement of the state of Wisconsin.

(E)

Unless authorized by the special event permit issued by the city, it shall be unlawful for a sponsor to do any of the following:

Permit vending activities associated with such special event to be operated within 20 feet of any portion of the front of any store which sells merchandise or services of the same or similar nature.

Permit ropes or other equipment to be attached to any bench, flower planter, tree, light pole, utility pole or trash receptacle for display of merchandise or cause or permit any of the foregoing to be used for display of merchandise or advertising materials.

Permit equipment, goods or advertising materials to be stored on any street, sidewalk, alley or other public place when no individual is present on behalf of the sponsor or when special event activities are not permitted.

Permit any part of the operations of the sponsor to interfere with the free flow of pedestrian or vehicle traffic.

(F)

Except pursuant to a special event permit issued by the city, each sponsor shall:

Keep all areas in and around any stationary location or display used during the special event clean and hazard free.

Remove all equipment, including carts, tables, apparatus and merchandise from the streets, sidewalks, alleys or other public places during times when the sponsor is not operating a special event.

§ 3-13-14 Duty of police to report and enforce.

[11-6-1991; 2016 Code]

Any police officer or citizen may require any person operating a special event to produce its permit for inspection.

If such person does not have a permit, any police officer may immediately close the special event, and may issue a citation to the violator or violators.

If such person has a permit, but is in violation of the terms of its permit, any police officer may require the person to immediately correct the violation. The police officer may issue a citation to the violator. If the person is unwilling or unable to immediately correct the violation, the police officer may immediately close the special event, and may issue a citation to the violator.

The chief of police shall report all convictions resulting from violations of this section to the city clerk. The city clerk shall maintain a record of each permit issued and each conviction of violation of such permit.

§ 3-13-15 Appeal.

[11-6-1991; 2016 Code]

Any person aggrieved by any action of the chief of police, the city clerk, or the public safety committee with regard to the provisions of this chapter shall have the right to appeal to the council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in section 3-5-5 of this code.

§ 3-13-16 Permit suspension or revocation.

[11-6-1991; 2016 Code]

The city may suspend or revoke a special event permit. Any such suspension or revocation shall apply to the sponsor and every officer and director of the sponsor.

The following shall be grounds for revocation or suspension of a special event permit:

Fraud, misrepresentation or incorrect statement contained in the application.

Fraud, misrepresentation or incorrect statement made in the course of carrying on a special event.

Conviction of a sponsor or an officer or director of a sponsor of any crime.

Any violation of any municipal code or state or federal law pertaining to the special event.

Failure to hold a required license or permit from the state of Wisconsin.

Conducting business in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

Any other ground for suspension, revocation, or failure to issue or reissue a license under chapter 5 of this title.

No part of the permit fee for a special event permit which has been revoked or suspended shall be refunded.