[11-6-1991; 2016 Code]
The council finds that the interests of the city and its citizens
are promoted by a carefully drawn set of rules designed to facilitate
community festivals, parades, runs, and other wholesome events that
bring people together while maintaining public safety and welfare.
[11-6-1991; 9-3-2002; 2016 Code]
In this chapter:
Means any planned activity, verbal or nonverbal, with the
intent to disturb or interrupt the orderly course of the special event,
or any activity, verbal or nonverbal, with knowledge that the natural
consequences of the person's actions would be to disturb or interrupt
the orderly course of the special event.
Means a man or woman.
Means real property owned or controlled by the city, including,
but not limited to, sidewalks, streets, alleys, parks, rights of way,
and public buildings.
Has the meaning set forth in section 1-3-2 of this code.
Means a person that has applied for, or that has received,
a permit to conduct a special event pursuant to the terms of this
chapter.
Means a person who in any manner engages in or attempts to
engage in the sale of merchandise, and includes a person that engages
or attempts to engage in transactions in which donations are required
by the seller for the retention of goods by a donor or prospective
customer.
[11-6-1991; 2016 Code]
No person shall organize, control or conduct a special event
unless such person has obtained a permit authorizing such special
event pursuant to this chapter.
[11-6-1991; 2016 Code]
(A)
The public safety committee shall review all applications for special
events permits.
(B)
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:
(1)
Whether the council should grant the special events permit.
(2)
What conditions should be imposed on a permit to be issued.
(3)
Whether the city should grant the sponsor the right to use public
property for the proposed special event.
(4)
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.
(5)
Whether the city should rezone parking areas or suspend parking
regulations within designated areas within the city for the special
event.
[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.
[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.
[11-6-1991; 9-3-2002; 2016 Code]
(A)
The chief of police shall determine whether a proposed event will
have a substantial impact upon public property.
(B)
In determining whether a proposed event will have a substantial impact
upon public property, the following factors shall be considered:
(1)
The extent to which streets will need to be closed for the special
event.
(2)
The amount of traffic control services required for the safety
of the public and participants at the special event.
(3)
The extent to which the special event will impact upon normal
parking patterns within the area affected by the special event.
(4)
Such other factors as passed from time to time by resolution
of the council, upon recommendation of the public safety committee.
[11-6-1991; 2016 Code]
This chapter shall not apply to the following:
[11-6-1991; 2016 Code]
(A)
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.
(B)
The application shall contain the following information:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Term of permit. A statement of the length of time for which
a permit is desired.
(6)
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.
(7)
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.
(C)
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.
(D)
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.
[11-2-1999; 6-16-2015; 2016 Code]
(A)
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:
(1)
Coverage for operations by the sponsor's employees, agents,
contractors and subcontractors.
(2)
Coverage of the city as an additional named insured.
(3)
Coverage for personal injury to participants in the special
event.
(4)
Coverage for property damage occurring as a result of the special
event.
(B)
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.
(C)
The insurance company issuing the certificate of insurance shall
be licensed in the state of Wisconsin and shall be approved by the
city.
(D)
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.
[11-6-1991; 2016 Code]
(B)
The chief of police may require such additional information from
the sponsor as he or she considers necessary.
(C)
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.
(D)
In determining whether to recommend granting of a permit under this
chapter, the public safety committee shall consider:
(1)
The impact that the special event will have upon public property.
(2)
The public inconvenience or disruption of affairs of the public
that will be caused by the special event.
(3)
The effect of the special event on public safety.
(4)
All costs which will be incurred by the city as a result of
the special event.
(5)
The capacity of the city to provide support services for the
special event.
(6)
All detrimental effects on the community from the holding of
the special event.
(7)
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:
(1)
The signature of the issuing officer.
(2)
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.
(3)
A statement of the general nature of activities authorized pursuant
to the permit.
(4)
The amount of fee paid.
(5)
The date of issuance.
(6)
The effective dates of the permit.
(7)
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.
[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.
[11-6-1991; 2016 Code]
(A)
Notwithstanding other provisions of this code, the council may grant
a sponsor:
(1)
The exclusive right to select and control vendors who shall
be authorized to operate within the area designated for such special
event;
(2)
The right to designate sites within such area where such vendors
shall be permitted to operate during the special event;
(3)
The right to charge such vendors a fee or commission for the
privilege of operating within the area designated for the special
event.
(B)
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.
(1)
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.
(2)
The city shall not be bound by any subrogation agreement or
insurance agreement between a vendor and a sponsor.
(C)
Each sponsor shall exhibit its permit at the request of any police
officer or citizen.
(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:
(1)
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.
(2)
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.
(3)
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.
(4)
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:
(1)
Keep all areas in and around any stationary location or display
used during the special event clean and hazard free.
(2)
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.
[11-6-1991; 2016 Code]
(A)
Any police officer or citizen may require any person operating a
special event to produce its permit for inspection.
(B)
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.
(C)
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.
(D)
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.
[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.
[11-6-1991; 2016 Code]
(A)
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.
(B)
The following shall be grounds for revocation or suspension of a
special event permit:
(1)
Fraud, misrepresentation or incorrect statement contained in
the application.
(2)
Fraud, misrepresentation or incorrect statement made in the
course of carrying on a special event.
(3)
Conviction of a sponsor or an officer or director of a sponsor
of any crime.
(4)
Any violation of any municipal code or state or federal law
pertaining to the special event.
(5)
Failure to hold a required license or permit from the state
of Wisconsin.
(6)
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.
(C)
No part of the permit fee for a special event permit which has been
revoked or suspended shall be refunded.
(D)
No sponsor that has had a special event permit revoked or suspended
shall be issued a subsequent special event permit until at least six
months has elapsed since the date of the latest revocation or suspension.
[11-6-1991; 9-3-2002; 2016 Code]
It shall be unlawful for any person who is not a law enforcement
officer acting in the course of their official peace keeping duties
to knowingly disrupt a special event.
[11-6-1991; 9-3-2002; 2016 Code]
The penalty for violating any provisions of this chapter shall
be a class 1 forfeiture. A separate offense exists each calendar day
during which a violation occurs or continues.