[HISTORY: Adopted by the Town Board of the
Town of Grand Chute 6-4-1996 (§§ 9.12 and 9.18 of the 1997 Code); amended
in its entirety 10-18-2016 by Ord. No. 2016-12. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Conduct, the sole or principal object of which is the expression
dissemination or communication by verbal, visual, literary or auditory
means of opinion, views or ideas and for which no fee or donation
is charged or required as a condition of participation in or attendance
at such activity. It includes public oratory and distribution of literature,
and picketing.
For the purpose of this section, the words have the meaning
set forth in § 340.01 Wis. Stats., and also include areas
owned by the Town, which are used primarily for pedestrian or vehicular
traffic.
Events that include, but are not limited to, fun runs, roadway
foot races, fundraising walks, bicycle races, parades, carnivals,
shows, gatherings, circuses, block parties, festivals, fireworks and/or
involve one or more of the following factors:
The event is to be conducted on public property or right-of-way;
or the event is to be conducted on private property, and is open to
the public and not within the normal and ordinary use of the property.
The event will cause a significant impact on traffic congestion
or traffic flow to and from the event over public streets or rights-of-way,
or will significantly impact public streets or rights-of-way near
the event.
The event is likely to create the need for Town-provided emergency
services, such as police, fire or medical aid.
The event will have a presumptive impact on neighboring properties.
The nature of the event requires additional permits, inspections,
or variances.
The event will be held at a Town park, and expected attendance
will exceed the maximum capacity set by the Parks Department. Such
special event permit shall be in addition to any street, park use,
or other regular permits as may be required by ordinance.
The Town reserves the right to deem an event a "special event."
A committee comprised of the Town Clerk or his/her designee,
the Police Chief or his/her designee, the Fire Chief or his/her designee,
and the Chief Building Inspector or his/her designee. The Town Clerk
or his/her designee shall serve as the Committee Chair. The role of
the Committee is to evaluate events to determine if they are in the
best interest of the community and to assess issues such as the health
and safety of the public and need for Town services.
A.
A special event permit or authorization from the Town is required for any event that meets the definition of "special event," found in § 456-1.
B.
A special event permit is not required for the following, unless
the event is deemed to have a significant impact on Town services
and/or the community:
(1)
Parades, athletic events or other special events that occur exclusively
on Town property and are sponsored or conducted in full by the Town
of Grand Chute.
(2)
Funeral and wedding processions.
(3)
Military convoys.
(4)
Groups required by law to be so assembled.
(5)
Gatherings not exceeding maximum capacity in a Town park, unless
merchandise or services are offered for sale or trade.
(6)
Temporary sales conducted by businesses, such as holiday sales, grand
opening sales, or anniversary sales.
(7)
Garage sales and rummage sales.
(8)
The exhibition of films or motion pictures.
(9)
Other similar events and activities which do not directly affect
or use Town services or property.
(10)
A gathering for the specific purpose of expressive activity.
A.
Any person desiring to sponsor a special event shall apply for a
special event permit by filing an application with the Town Clerk
at least 45 days prior to the date on which the event is to occur.
B.
Upon a showing of good cause, or at the discretion of the Special
Events Committee, the Committee shall consider an application that
is filed after the filing deadline if there is sufficient time to
process and investigate the application and obtain police and other
Town services for the event. Good cause can be demonstrated by the
applicant showing that the circumstance that gave rise to the permit
application did not reasonably allow the participants to file within
the time prescribed.
A.
A fee will be required at the time of application for any special
event permit necessitated by this chapter. The Town Board shall establish
a list of approved fees. No permit shall be issued without payment
of the basic permit fee(s).
B.
A special event permit filed after the forty-five-day application
deadline shall be subject to an additional fee in accordance with
the Town fee schedule.
C.
No permit fee shall be refunded after initiation of the permit approval
process.
A.
All Special Events Committee representatives receiving a copy of
a special events permit application shall recommend either approval
or denial of the permit. Recommendations for denial of an application
should include a reason for the denial. Each department head or his/her
designee shall review the application based upon the following criteria:
B.
The Special Events Committee is authorized to approve or deny special event permits pursuant to criteria established in this section, unless one of the conditions identified in Subsection C, below, exist. In such case, the matter shall be referred to the Town Board for approval or denial.
C.
Special events requiring Town Board approval include:
(1)
Events that may have a substantial impact on Town services and/or
the community.
(2)
Events that require the use of public roadways and/or public facilities
and may exceed 500 people.
(3)
An event that requires closure of an arterial roadway within the
Town and may have a significant impact on vehicle or pedestrian traffic.
(4)
An event that may have a detrimental effect on the Town of Grand
Chute.
(5)
Fireworks.
A.
In addition to the basic permit fee(s), the Town Clerk shall determine,
upon recommendation of the Police Department, Fire Department and
Public Works Department, the estimated direct and indirect event related
costs for Town resources.
B.
Upon approval of an application for a permit for a special event,
the Town Clerk shall provide the applicant with a statement of the
estimated cost of providing Town personnel and equipment. The applicant/sponsor
of the event must prepay these estimated costs for Town services and
equipment 10 days prior to the special events. Town services and equipment
may include the use of Police Department employees for traffic and
crowd control, Town employees for pickup and delivery of traffic control
devices, picnic tables, extraordinary street sweeping, and any other
needed, requested or required Town service and the cost of operating
the equipment to provide such services.
C.
If the actual cost for Town services and equipment on the date(s)
of the event is less than the estimated cost, the applicant/sponsor
will be refunded the difference by the Town in a timely manner. If
the actual cost for Town services and equipment on the date(s) of
the event is greater than the estimated cost, the applicant/sponsor
will be billed for the difference.
A.
The Special Events Committee may require a cleanup deposit from an
applicant/sponsor of an event involving the sale of food or beverages
for immediate consumption, erection of structures, horses or other
large animals, water aid stations or any other event likely to create
a substantial need for a cleanup.
B.
The cleanup deposit may be returned after the event if the area used
for the permitted event has been cleaned and restored to the same
condition as existed prior to the event.
C.
If the property used for the event has not been properly cleaned
or restored, the applicant/sponsor shall be billed for the actual
cost by the Town for cleanup and restoration. The cleanup deposit
shall be applied toward the payment of the bill.
A.
Sponsors of Special Events must comply with all applicable Town ordinances,
traffic rules, park rules, state health laws, fire codes, and liquor
licensing regulations.
B.
The Town may condition the issuance of a special event permit by
imposing reasonable requirements concerning the time, place and manner
of the event, and such requirements as are necessary to protect the
safety and rights of persons and property, and the control of traffic.
These conditions may include:
(1)
Alteration of the time, place and manner of the event proposed on
the event application.
(2)
Conditions concerning the area of assembly and disbanding of an event
occurring along a route.
(3)
Conditions concerning accommodation of pedestrians or vehicular traffic,
including restricting the event to only a portion of the street or
right-of-way.
(4)
Such other conditions as determined by the Town Board suitable for
the specific event, that are reasonable or necessary, to protect the
health, safety and general welfare of the Town and its residents and/or
participants in the event.
C.
Further conditions on special events permits may include, but are
not limited to:
(1)
Requirements for the use of traffic cones or barricades.
(2)
Requirements for the provision of first aid or sanitary facilities;
including, but not limited to, portable toilets.
(3)
Requirements for use of event monitors and providing notice of permit
conditions to event participants.
(4)
Restrictions on the number and type of vehicles, animals or structures
at the event, and inspection and approval of floats, structures, and
decorated vehicles for firesafety.
(5)
Compliance with animal protection ordinances and laws.
(6)
Requirements for use of garbage containers, cleanup, and restoration
of Town property.
(7)
Restrictions on the use of amplified sound and compliance with noise
ordinance, regulations and laws.
(8)
Notice to residents and/or businesses regarding any activity which
would require a street closure or restrictions.
(9)
Compliance with restrictions on the sale and/or consumption of alcohol.
(10)
Elimination of an activity which cannot be mitigated to a point
as to ensure public safety and welfare, or which causes undue liability
to the Town.
(11)
Requirements regarding the use of Town personnel and equipment.
(12)
Compliance with any other applicable federal, state or local
law or regulation.
D.
Street closures. If special event requires any street(s) to be closed,
the event organizer or their contractor shall be required to provide
an acceptably prepared traffic control plan (TCP) to the Special Events
Committee for review and approval no less than four weeks prior to
the event. The plan shall comply with the Federal Highway Administration's
Manual on Uniform Traffic Control Devices, latest edition. Temporary
traffic control devices/services shall be provided by a contractor
which has extensive experience in the industry and is approved in
advance by the Special Events Committee.
A.
The Town may deny an application for a special event permit if any
of the following apply:
(1)
The applicant provides false or misleading information; the applicant
fails to complete the application or to supply other required information
of documents; or the applicant declares or shows an unwillingness
or inability to comply with the reasonable terms or conditions contained
in the proposed permit.
(2)
The proposed event would conflict with another proximate event, interfere
with construction or maintenance work in the immediate vicinity, or
unreasonably infringe upon the rights of abutting property.
(3)
The proposed event would unreasonably disrupt the orderly or safe
circulation of traffic or would present an unreasonable risk of injury
or damage to property.
(4)
The event would have a presumptive impact on neighboring properties.
(5)
The event is deemed to be not in the best interest to the community.
A.
Any permit issued under this chapter may be summarily revoked by
a representative from the Grand Chute Police or Fire Department at
any time when, a representative from the Town determines the safety
of the public or property requires such immediate revocation.
B.
The Town may also summarily revoke any permit issued pursuant to
this chapter if the Town finds that the permit has been issued based
upon false information or when the permittee exceeds the scope of
the permit or fails to comply with any condition of the permit.
A.
It shall be unlawful for any person to sponsor or conduct a special
event requiring a special event permit pursuant to this chapter unless
a valid permit has been issued and remains in effect for the event.
It is unlawful for any person to participate in such an event with
the knowledge that the sponsor of the event has not been issued a
required, valid permit or with knowledge that a once valid permit
has expired or been revoked.
B.
The special event permit authorizes the permittee/sponsor to conduct
only such an event as is described in the permit, and in accordance
with the terms and conditions of the permit. It is unlawful for the
permittee/sponsor to willfully violate the terms and conditions of
the permit, or for any event participant with knowledge thereof to
willfully violate the terms and conditions of the permit or to continue
with the event if the permit is revoked or expired.
C.
Any person or organization violating the provisions of this chapter
shall be subject to a penalty of a fine as prescribed in the Uniform
Forfeiture and Bond Schedules.
