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Village of Whitefish Bay, WI
Milwaukee County
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[Adopted by Ord. No. 1529 (Sec. 15.15 of the Codification)]
As used in this article, the following terms shall have the meanings indicated:
SPECIAL EVENT
Any planned extraordinary occurrence on the public right-of-way or public premises, including, but not limited to, parades, processions, bicycle or foot races, or festivals.
[Amended by Ord. No. 1596; Ord. No. 1789]
A. 
No person may hold a special event on the public right-of-way or public premises without obtaining a special event permit. Applications and copies of this article are available from the Village Clerk-Treasurer. All applications must be submitted 30 working days prior to the event. Completed applications shall be filed with the Village Clerk-Treasurer, who will forward a copy to the Village Manager. The Village Manager shall refer copies of the application to the Police Department and to the Department of Public Works. The Police Department will determine the amount of hours of service the event will need and will make recommendations regarding approval, denial or modification. The Department of Public Works Director will determine the amount of equipment and possible labor costs and will make recommendations regarding approval, denial or modification. The determinations and recommendations shall be forwarded to the Village Manager for his approval, denial, or modification.
B. 
Upon approval by the Village Manager, payment of the permit fee, and the filing or completion of all additional requirements, the Village Clerk-Treasurer shall issue a special events permit.
(1) 
Mapped routes. All permit applications for special events, including foot or bicycle races, runs, rides, walks, or parades, shall include a detailed map of the proposed route. Routes for annual events must be submitted with the application regardless of whether previously submitted. Recommendations for alteration of routes may be made by the Police Department or the Department of Public Works and may be altered by the Village Manager. In the event that the organizers or sponsors of any special event deviate from the route submitted without approval from the Village, the organizers or sponsors of such special events may be denied a permit for the following calendar year.
(2) 
Appeal of permit denials. Any applicant who has been denied a special event permit or has had an application modified may, upon written request to the Village Clerk-Treasurer, have the denial reviewed by the Village Board Public Safety Committee, which shall either affirm, reverse, or modify the initial action on the application. Such determination by the Committee shall constitute final action.
(3) 
Fees. The applicant for the special event shall pay a permit fee within five working days of the approval by the Village Manager. The permit fee for all special events shall be estimated costs of the event to the Village, including salary and benefits for police officers and DPW workers, as determined by the Village Manager plus an administrative fee. The permit fees may be waived by the Village Manager for events occurring solely within the Village which are conducted by charitable nonprofit organizations or are of a civic nature.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
(4) 
Refunds. Permit fee payments may be refunded if notification of cancellation of a permitted special event by the applicant is received by the Village Manager at least 10 working days prior to the scheduled event.
A. 
Village not liable. The special event permit application shall contain a statement that: "The applicant agrees to indemnify and save the Village harmless from and against all liabilities, claims, demands, judgments, losses, and all suits of law or in equity, costs, and expenses, including reasonable attorney fees, for injury or death of any person, or damage to any property arising from the holding of such special event." No permit may be issued unless the applicant has agreed to the terms of this statement on the written application.
B. 
Insurance.
(1) 
Each applicant of a special event shall furnish the Village Manager with a certificate of insurance written by a company licensed in the State of Wisconsin, approved by the Village Manager, and covering any and all liability or obligations which may result from the operations by the applicant, the applicant's employees, agents, contractors, or subcontractors, and including worker's compensation coverage in accordance with Wis. Stats. Chapter 102. This certificate shall provide that the company will furnish the Village a ten-day written notice of cancellation, nonrenewal or material change thereof. This insurance shall be written in comprehensive form and shall protect the applicant and Village against all claims arising out of any act or omission of the applicant, its employees, agents, contractors, or subcontractors.
(2) 
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 Village Manager.
(3) 
The certificate of insurance must be submitted to the Village Clerk-Treasurer within 10 days of the approval of the permit by the Village Manager.
C. 
Cleanup. It will be the responsibility of the applicant to remove any signs they have posted and remove all equipment, materials, and debris left as a result of the event. This must be done within four hours of the termination of the event. The applicant will be responsible for reimbursing the Village for cleanup costs is this article is not adhered to.
The special event permit application shall contain a statement: "The applicant agrees that during the use of the public area the sponsoring organization will not exclude any person from participation in, deny anyone the benefits of, or otherwise subject anyone to discrimination because of race, color, national origin, or handicap." No permit may be issued unless the applicant has agreed to the terms of this statement on the written application.