[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.
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
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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.
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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.