[HISTORY: Adopted by the Mayor and Common Council of the City of Reedsburg 3-26-2018 by Ord. No. 1865-18 (Ch. 34 of the former Municipal Codebook). Amendments noted where applicable.]
This chapter is enacted to regulate and control the use of streets and public property to ensure that the health, safety and general welfare of the public and the good order of the City is protected and maintained. The City's authority to regulate streets and public property is contained in the Wisconsin Statutes, including, but not limited to, § 349.185, Wis. Stats.
As used in this chapter, the following terms shall have the meanings indicated.
HIGHWAYS and STREETS
Has the meaning set forth in § 340.01, Wis. Stats., and also includes alleys (as defined in § 340.01, Wis. Stats.) and areas owned by the City of Reedsburg which are used primarily for pedestrian or vehicular traffic.
NEIGHBORHOOD EVENT
Includes any planned gathering to take place in a residential location such as a residential street or cul-de-sac. Examples include neighborhood or residential block parties and estate sales or auctions.
PERSON
Any natural individual, sole proprietorship, group, entity, organization, partnership, association, corporation, or limited liability company.
PROCESSIONS, PARADES, RUNS, WALKS, MARATHONS, BICYCLE RACES, BLOCK PARTIES and SIMILAR ACTIVITIES
Those terms have their usual and customary usage.
SPECIAL EVENT
Any planned event on a highway or street in the City of Reedsburg or on property owned by the City of Reedsburg, including, but not limited to, processions, parades, runs, walks, marathons, bicycle races, block parties, transient or temporary public entertainment, festivals or celebrations, estate sales or auctions, political gatherings or events, and events requiring the issuance of a temporary Class "B" alcohol license. A special event includes a "neighborhood event."
TRANSIENT OR TEMPORARY PUBLIC ENTERTAINMENT
One to which the public may gain admission by payment of an admission charge. A transient or temporary public entertainment includes shows, circuses, exhibitions, carnivals, or other traveling entertainment venues.
No person may hold a special event on a highway or street in the City of Reedsburg or on property owned by the City of Reedsburg without first obtaining a special event permit from the City.
A. 
The Chief of Police has the authority to issue a special event permit for a neighborhood event. Said permits shall be exempt from the fee as required in § 415-10 and may be exempt from insurance as required in § 415-12 herein. Issuance of a special event permit for a neighborhood event or other special event defined herein shall not require obtaining separate street use permit.
B. 
All other special event permits shall be subject to review and approval by the City Administrator upon review by the Chief of Police, City Clerk-Treasurer, Director of Public Works, Fire Chief and Director of Parks and Recreation (departmental review), subject to § 415-6 below.
C. 
The City of Reedsburg reserves the authority, in its sole discretion, to refer any special event permit application to the Ordinance Committee or the Common Council for review and approval. The Ordinance Committee decision is subject to appeal to the Common Council pursuant to § 415-9.
A person seeking to hold a special event shall file an application with the City Clerk-Treasurer on the form provided by the City Clerk-Treasurer. The application shall be filed at least 45 days before the special event. No application shall be considered that is filed 15 days or less from the date of the special event. The application shall contain the following information:
A. 
The name, address and telephone number of the applicant or applicants.
B. 
If the special event is to be conducted for, on behalf of, or by an organization or company, the name, address and telephone number of the organization's or company's headquarters and of individual(s) authorized to act on behalf of the organization or company.
C. 
The name, address and telephone number of the person or persons who will be responsible for operating the special event.
D. 
The proposed use, described in detail, for which the special event permit is requested.
E. 
The date(s) and duration of time during which the special event is to occur.
F. 
An accurate description of the portion(s) of the street(s) or property to be used.
G. 
The applicant shall indicate if the special event requires complete, partial, or no closure of any streets.
H. 
A map of the special event, including the street(s)/property to be used, the route of the event, and the placement of any tents, facilities, or equipment, if required by staff review.
I. 
The approximate number of persons who will attend the special event.
J. 
Any other information that the City deems necessary or appropriate.
A special event permit is not required for assembling or movement of a funeral procession or military convoy. A special event, including a parade, sponsored by an agency of the federal, state or local government, acting in its governmental capacity within the scope of its authority, may be required to obtain a special event permit; however, the agency may be exempt from the permit fee and insurance requirements contained in this chapter. A permit is not required if the person/entity is involved in a long-term lease of City property, i.e., Lions/Jaycees Building or RACA Building, or short-term rental of the Park Shelter/RACA Building.
If the City Clerk-Treasurer determines that the special event permit application is complete, the City Clerk-Treasurer shall forward the application to the City Administrator, who in turn may refer the application to the Chief of Police, Director of Public Works, Fire Chief and Director of Parks and Recreation for review (departmental review). If the departmental review determines that members of the Fire, Parks and Recreation, Police or Public Works Departments must assist with setup, operation, cleanup or be available to staff the special event, the applicant shall pay a deposit as established in the Fee Schedule. The City Administrator may require the applicant to provide additional information in support of the application if the departmental review deems the additional information necessary for review purposes.
The departmental review of the application may require a meeting or meeting(s) with applicant representative(s). If the special event permit application is to be reviewed, initially or on appeal, by the Ordinance Committee or the Common Council, the applicant shall attend the meeting or meetings at which the application is considered by either of these bodies. The applicant may be asked to provide additional information at the meeting or meetings.
The City Administrator and the individuals of the departmental review, the Ordinance Committee, or the Common Council shall consider the following factors when deciding whether to grant a special event permit:
A. 
How vehicular traffic may be affected by the special event, including the effect, if any, of construction projects in and around the City.
B. 
When the special event is scheduled to be held and the duration of the event, particularly if the event is scheduled between the hours of 10:00 p.m. and 7:00 a.m.
C. 
Whether sufficient supervision will be provided to reasonably assure orderly conduct by the attendees.
D. 
Whether the location, facility or City has adequate resources to accommodate the event.
E. 
Whether the special event is primarily for private or commercial economic gain, unless the event is an estate sale or auction.
F. 
Whether the special event will negatively affect the health, safety or general welfare of the public, including, but not limited to, the movement of police, fire or emergency vehicles within the City.
G. 
Whether the operation of the special event violates any federal or state law or City ordinance. The City Administrator, Ordinance Committee, or the Common Council may deny a special event permit application if, in its discretion, it is determined that one or more of the factors identified above warrant denial of the application. Further, the City Administrator, the Ordinance Committee, or the Common Council may place conditions on the approval of a special event permit application. If a special event permit is granted, the permittee shall comply with all conditions placed on the permit, if any, and with all applicable federal and state laws and City ordinances and regulations.
If a special event permit application is denied by the City Administrator, the applicant may appeal the denial to the Ordinance Committee by filing a request with the City Clerk-Treasurer within five business days of the receipt of the application denial. The Ordinance Committee shall consider the appeal and make a recommendation to the Common Council to sustain or overturn the decision to deny the permit, or send the application back to the City Administrator with direction for further review of the application. In each instance, the Common Council shall consider the recommendation of the Ordinance Committee within 15 days of the Committee recommendation if its decision is appealed to the Common Council. If a special event permit application is denied by the Common Council, there is no further appeal.
Each application for special event permit shall be accompanied by a fee per the City Fee Schedule. Applications that are filed less than 45 days before the special event are subject to a double application fee, which shall be paid before the application is considered. Further, an application for a special event that is not a neighborhood event shall be subject to a special event fee, pursuant to the City Fee Schedule or fees specified in a written agreement between the applicant and the City. The deposit shall be returned to the applicant upon completion of the special event, less any costs the City incurs in the actual assistance during setup, operation, cleanup and/or staffing required by the City. Additionally, costs to restore or repair damage to facilities and property owned by the City as a result of the special event shall be deducted from the deposit. Any remaining balance shall be returned to the applicant within 10 days of the completion of the special event, along with an itemized listing of any deductions. If the amount of the deposit is insufficient to cover such City-incurred expenses, the City shall invoice the applicant for the remaining balance. The fees referenced in the preceding sentence are intended to cover costs the City incurs relating to the special event.
Each application for a special event permit for a neighborhood event shall include a petition designating the proposed area of the street to be used and the time for such use. The petition shall be signed by adult residents from not less than 75% of the households on the portion of the street designated for the proposed use. The petition shall be verified and shall be submitted in substantially the following form:
PETITION FOR SPECIAL EVENT PERMIT
We, the undersigned residents of the ____________ hundred block of ____________ Street in the City of Reedsburg, hereby consent to the ____________ recreational or business use of this street between the hours of ____________ and ____________ on ____________, the ____________/____________/____________ day of ____________, 20____________, for the purpose of ____________. We also hereby consent to the City of Reedsburg granting a special event permit for use of the portion of the street identified above for the use identified, and do hereby agree to abide by any conditions that the City of Reedsburg places on the special event permit. We further understand that the permit will not be granted for longer than 12 hours and agree to remove from the street before the end of the special event all equipment, vehicles, and other personal property placed or driven thereon during the special event. We designate ____________ as the responsible person or persons who shall apply for a special event permit.
An applicant for a special event permit may be required to furnish the City Clerk-Treasurer with a certificate of insurance written by a company licensed in the State of Wisconsin, approved by the City Clerk-Treasurer, and covering any and all liability or obligations that may result from the special event, including any and all activities and operations by the applicant and the applicant's employees, agents, or contractors, including workers' compensation coverage in accordance with Ch. 102, Wis. Stats. The certificate shall be written in comprehensive form and shall protect the applicant and the City against all claims arising out of the special event, including, but not limited to, any act or omission of the applicant and the applicant's employees, agents, or contractors. The policy of insurance shall provide minimum combined single limits for bodily injury and property damage of $1,000,000 or such other insurance limits as deemed adequate by the City. The certificate of insurance (and any required endorsements) shall name the City of Reedsburg as an additional insured and must be submitted to the City Clerk-Treasurer at least five days before the special event is to occur. The City highly recommends every event provide tenants' and users' liability insurance protection (TULIP) for the duration of its special event and/or parade. These policies can be purchased from any reputable insurance broker.
The applicant shall indemnify, defend and hold harmless the City of Reedsburg and its officers, officials, agents, and employees against all loss or expense (including liability costs and reasonable attorney's fees) by reason of any claim or suit, or of liability imposed by law upon the City or its officers, officials, agents or employees, for damages because of injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from the special event.
The applicant shall return the site to the condition that existed before the special event occurred within 24 hours of the completion of the event. The City may require the applicant to provide a deposit in an amount to be determined by the City to ensure that the site is adequately restored. If this event involves the use of police "No Parking” signs, those signs are to be removed and returned immediately after the event has ended.
As previously discussed in § 415-10, if the special event/parade would require the use of City equipment, such as, but not limited to, barricades, traffic cones, traffic vests, signage, etc., the City shall require the organizer to provide a refundable deposit at the time of the request. That deposit shall be refunded when all City equipment is returned to the Police Department or other applicable City department in working order within 24 hours. The City may charge actual costs above the deposit amount to replace or repair equipment that is returned in disrepair or not returned at all.
A special event may be immediately terminated and the special event permit revoked while the event is in progress if the Chief of Police or his or her designee determines that the health, safety or general welfare of the public, including participants at the event, is endangered by activities generated as a result of the event, or if the special event has violated any conditions placed on the event in the permit, or if the special event has violated any City ordinances.
The Chief of Police or his or her designee may revoke a special event permit that has already been issued if the Chief of Police or Fire Chief or his or her designee determine that revocation is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of the peace, or by a major change in the conditions forming the basis for the issuance of the permit.
The Common Council recognizes the quasi-governmental nature of the Reedsburg Chamber of Commerce and requires one special events and parades permit annually (calendar year) from the Chamber where the Chamber is the primary predominant sponsor of the special events and Parade. The Chamber representative shall complete a permit application for each individual event or one permit per series of similar events (i.e., one permit for Concerts in the Park).
Any person who violates any provisions of this chapter shall be subject to a penalty as provided in § 415-16 of this Code. Additionally, failure to comply with any provisions of this chapter may result in the withholding of approval on any subsequent permit applications for this or other permits required by the City.