[HISTORY: Adopted by the Common Council of the City of Muskego
at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Amendments noted where applicable.]
Special events are community events such as fairs, festivals,
sports events, races, runs/walks, markets, outdoor merchandise sales,
parades, parade of homes, exhibitions, auctions, dances, motion-picture
filming, block parties, rummage sales and other events that meet the
definition in this chapter. Such events are allowed subject to the
reasonable requirements of this chapter, City ordinances and of the
policies and procedures of the Public Works and Development Department.
The City Council finds such requirements necessary to promote the
equitable and efficient use and continued protection of limited public
park and other land, to allow for the efficient use of limited City
staff resources through proper planning for such events, and to protect
the public's health, safety, and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
A scheduled public gathering of persons, to which the public
is invited, that has fewer than 100 participants expected and does
not otherwise qualify as a special event.
A scheduled public gathering of persons to which the public
is invited and one or more of the following apply:
One hundred or more persons are expected to attend in a single
day.
The event uses public streets, rights-of-way, sidewalks, or
parks.
Alcohol is sold or served.
Outdoor entertainment/amplified music is involved.
The event lasts more than one day.
The event will reasonably require, based on the existing City
policies and procedures, the provision of City support services to
accommodate the event on public property.
This chapter shall not apply to any of the following:
A.
No person or organization shall conduct a special event or neighborhood
or small group activity as defined in this chapter within the City
of Muskego without first having obtained a special event permit or
neighborhood or small group activity permit, respectively. This provision
shall apply to all future events, from the passage of this chapter,
whether or not the event in question has been a reoccurring event
within the City.
B.
Other relevant permits may be required (e.g., alcohol permit, food
and vendor permit, park rental permit) and are not provided for in
this permit process.
C.
No special event shall occur unless all other necessary municipal
permits, licenses and approvals applicable to the special event activities
have been granted, and any permit granted under this chapter shall
be conditioned upon the permittee obtaining all such other licenses,
permits and approvals.
A.
Application for a special event permit shall be filed with the City
Clerk at least 90 days prior to the proposed event.
B.
Application for a neighborhood or small group activity permit shall
be filed with the City Clerk at least 60 days prior to the proposed
event.
C.
Permit fees are required with submission of application. Permit fees
shall be set from time to time by the Common Council and shall include
nonrefundable application fees, late fees, Police Department staffing
fees, and fees for the installation and use of no parking signs, traffic
cones and barricades. Fees for Police Department staffing overtime
pay will not be required for events taking place before January 1,
2019.
D.
The application shall include the following:
(1)
The name, address and phone number of the special event sponsor(s).
If more than one person, entity or organization is the sponsor, all
must be listed. In the case of a corporation, limited liability corporation,
limited liability partnership or partnership, the name and mailing
address of each person holding 10% or more of the ownership shall
be listed.
(2)
The name, address and phone number of the special event sponsor's
contact or agent.
(3)
The name, address and phone number of the event coordinator and the
method by which the City can contact the event coordinator during
the special event.
(4)
Special event on private property.
(5)
The nature of the assembly.
(6)
The dates and hours during the special event or neighborhood or small
group activity. Applicant should include dates and hours for setup
and cleanup in the information provided.
(7)
The maximum number of persons allowed at any given point at any time.
(8)
Plans and descriptions for the following, as necessary for the event:
(a)
Fencing and gates as necessary to control access to or within
the special event.
(b)
Portable water locations.
(c)
Toilet and lavatory facility locations and number.
(d)
Solid waste collection locations and disposal.
(e)
First aid station, or additional medical care facilities as
required upon City review.
(f)
Lighting plan, including location, hours of use and power source.
(g)
Parking size and location.
(h)
Access to event and to parking, if located separately.
(i)
Crowd control/security personnel, including number and responsibilities.
(j)
Sound control and amplification; location, size and number of
speakers and amplifiers.
(k)
Use of fireworks and pyrotechnics, which shall additionally
require separate permits and restrictions.
(l)
Access for emergency vehicles and personnel.
(9)
Certification that by signing the application, the applicant is authorized
to act on behalf of the event sponsor(s).
(10)
Applicant's acknowledgement that by signing and submitting
the application he/she accepts and complies with the provisions of
this chapter.
(11)
Proof of insurance along with written endorsements in a form
acceptable to the City Attorney.
(12)
Park rental approval, if applicable.
E.
Application process.
(1)
Upon receipt of an application for a permit, the City Clerk shall
immediately distribute the complete application to police services,
the Fire Department, Administration, and the Public Works and Development
Department for review and comment. Department review and comments
shall be returned to the Clerk within 30 days of distribution of the
application.
(2)
Prior to any City staff approval of a special event permit, the Police
Chief shall review the application and report to the City staff his
findings as to the reasonable estimates of the costs of providing
police services reasonably required by the special event.
(3)
Permit review.
(a)
The Clerk shall review neighborhood and small group activity
applications for conformity with the provisions of this section and
the comments from the departments and, if the applicable requirements
are met, shall issue a permit.
(b)
City staff shall review all special event permit applications
and department recommendations and either deny the permit, approve
the permit or approve the permit with conditions. The permit shall
be issued by the Clerk.
A.
Liability insurance. The special event or neighborhood or small group
activity sponsor is required to obtain insurance for all events. Proof
of comprehensive general liability insurance with coverage in amounts
acceptable to the City Attorney shall be submitted to the City no
later than 20 days before the event. Any insurance policy must contain
a written endorsement naming the City as an additional insured along
with other written endorsements as required by the City Attorney.
Failure to provide the required insurance along with the endorsements
may result in denial of the permit.
B.
Indemnification. The applicant and event sponsor(s) shall agree to
hold the City, its officers, employees, agents and contractors harmless
against all claims, liability, loss, damage or expense (including
but not limited to attorney's fees) incurred by the City for
any damage or injury to person or property caused by or resulting
directly or indirectly from the activities for which the permit is
granted. A separate written indemnification and hold harmless agreement
may be required by the City.
C.
City services. All requests by applicants for City services must
be made at time of application. The applicant shall be responsible
for reimbursement to the City for any City personnel, services, equipment,
and facilities provided for the special event. Reimbursable costs
shall be calculated to include, but not be limited to, wages, overtime,
and fringe benefits. An invoice shall be sent to the applicant within
15 days following the event. Payment is due within 30 days of invoice.
Failure to pay the invoice may be grounds for denial of future permits.
The City reserves the right to require full or partial payment of
estimated costs in advance.
D.
Cleaning/damage deposit. The applicant may be required to submit
to the City a cleaning/damage deposit of $200 per day for each scheduled
day of the event (or a portion thereof), two weeks prior to the starting
day of the event. The deposit shall be refunded to the applicant if,
upon inspection, all is in order, at the sole discretion of the City.
A prorated portion of the deposit may be retained to reimburse the
City for loss or cleaning costs. The City shall provide written notice
to the applicant of its sole discretion to retain the entire deposit,
or a portion thereof, along with the reasons therefor within 10 days
of the conclusion of the event. The City 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. Additional time for cleanup
may be requested and approved at the discretion of City staff.
E.
Event coordinator. The special event or neighborhood or small group
activity sponsor shall have at least one representative on site during
the event at all times, as identified on the permit application.
F.
Staffing. The special event or neighborhood or small group activity
sponsor shall provide sufficient staffing to provide assistance with
crowd control, parking, sanitation, and medical services. A determination
as to these needs will be made by the departments as part of the review
process.
G.
Site requirements.
(1)
All tents must be installed under the International Fire Code Chapter 24 or the National Fire Protection Association (NFPA) Chapter 34.
(2)
Wiring shall be installed by a licensed electrician. All persons
requiring electricity at a special event or neighborhood or small
group activity shall follow the National Electrical Code (NEC) and
Ch. SPS 316, Wis. Adm. Code.
(3)
Attendees and staffing shall not exceed the maximum number which
can reasonably attend at the location of the special event, in consideration
of the nature of the special event.
(4)
The applicant/sponsor shall be responsible for arranging any inspections
required to meet these standards or any other requirements prior to
the special event. Any fees for such inspections shall be paid by
the special event or neighborhood or small group activity sponsor.
The City reserves the right to shut down a special event or
neighborhood or small group activity if it is deemed to be a public
safety hazard by police services or the Fire Department or there is
a violation of City or county ordinances, state statutes or term of
the applicant's permit. The Mayor or designee may revoke an approved
special event permit if the applicant fails to comply with the provisions
of the permit prior to the event date.
Reasons for denial of a special event or neighborhood or small
group activity permit include, but are not limited to:
A.
The event will disrupt traffic within the City beyond 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 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 City resources that would
affect the maintenance of regular City service levels.
F.
The application contains incomplete or false information.
G.
The applicant fails to provide proof of insurance along with all
required endorsements to the insurance policies.
H.
Inadequate provision for garbage or debris removal.
I.
Inadequate provision of temporary rest room facilities.
J.
Inadequate provisions for parking.
K.
Applicant fails to submit the required fees and/or deposits.
Any person who violates any provision of this chapter or who
violates any condition upon which a special event permit is granted
shall be subject to forfeiture of not less than $100 nor more than
$1,000. Each day of violation shall be considered a separate offense.
In addition, the City may enforce this chapter by way of injunctive
relief and all other remedies available at law and in equity.
