[HISTORY: Adopted by the Town Board of the Town of Rome as
Sec. 7.09 of the prior Code. Amendments noted where applicable.]
A.
It is the purpose of the Town to regulate the assemblage of large
numbers of people in excess of those normally needing the health,
sanitary, fire, police, transportation, and utility services regularly
provided in the Town in order that the health, safety, and welfare
of all persons in the Town of Rome, residents and visitors alike,
may be protected.
B.
It is the intent of this Board that all sections and provisions of
this chapter should have an independent existence and, should any
section or provision be declared invalid or unconstitutional by a
court of competent jurisdiction, it is the intent of this Board that
any section or provisions so declared shall be severable from and
shall not affect the validity of the remainder of the chapter.
A.
No person other than the Town of Rome shall permit, maintain, promote,
conduct, advertise, act as entrepreneur, undertake, organize, manage,
or sell or give tickets to an actual or reasonably anticipated assembly
of 1,500 or more people which continues or can reasonably be expected
to continue for four or more consecutive hours, whether on public
or private property, unless license to hold the assembly has first
been issued by the Chief of Police, application for which must be
made at least 20 days in advance of the assembly. A license to hold
an assembly issued to one person shall permit any person to engage
in any lawful activity in connection with the holding of the licensed
assembly.
B.
A license shall permit the assembly of only the maximum number of
people stated in the license. The licensee shall not sell tickets
to, nor permit to assemble at the license location, more than the
maximum permissible number of people.
C.
Only one event shall be permitted for each license issued.
D.
The licensee shall take all necessary reasonable precautions to ensure
that the sound of the event shall not carry beyond the boundaries
of the event.
E.
This section shall not apply to any regularly established permanent
place of worship, stadiums, athletic field, arena, auditorium, coliseum,
or other similar permanently established place of assembly for assemblies
which do not exceed by more than 250 people the maximum seating capacity
of the structure where the assembly is held.
F.
This section shall not apply to government-sponsored fairs held on
regularly established fairgrounds nor to assemblies required to be
licensed by other ordinances and regulations of the Town.
A.
The application shall contain a statement made upon oath or affirmation
that the statements contained therein is true and correct to the best
knowledge of the applicant and shall be signed and sworn to or affirmed
by the individual making the application in the case of an individual,
by all officers in the case of a corporation, by all partners in the
case of a partnership, or by all officers of an unincorporated association,
society or group or, if there be no officers, by all members of such
association, society, or group.
B.
Before an applicant may be issued a license, the applicant shall
first provide:
(1)
A determination of the maximum number of people which will be assembled
or admitted to the location of the assembly, provided that the maximum
number shall not exceed the maximum number which can reasonably assemble
at the location of the assembly in consideration of the nature of
the assembly and provided that where the assembly is to continue overnight,
the maximum number shall not be more than is allowed to sleep within
the boundaries of the location of the assembly by the zoning or health
ordinances of the county and Town.
(2)
The name, age, residence, and mailing address of all persons required
to sign the application and, in the case of a corporation, a certified
copy of the articles of incorporation together with the name, age,
residence, and mailing address of each person holding 10% or more
of the stock of said corporation.
(3)
The address and legal description of all property upon which the
assembly is to be held together with the name, residence, and mailing
address of the owner(s) of record of all such property.
(4)
Proof of ownership of all property upon which the assembly is to
be held or a statement made upon oath or affirmation by the owner(s)
of record of all such property that the applicant has permission to
use such property for an assembly of 1,500 or more persons.
(5)
The nature or purpose of the assembly.
(6)
The total number of days and/or hours during which the assembly is
to last.
(7)
The maximum number of persons which the applicant shall permit to
assemble at any time, not to exceed the maximum number which can reasonably
assemble at the location of the assembly, in consideration of the
nature of the assembly, or the maximum number of persons allowed to
sleep within the boundaries of the location of the assembly by the
zoning or health ordinances of the county and Town, if the assembly
is to continue overnight.
(8)
The maximum number of tickets to be sold, if any.
(9)
The plans of the applicant to limit the maximum number of people
permitted to assemble.
(10)
A fence completely enclosing the proposed location, of sufficient
height and strength to prevent people in excess of the maximum permissible
number from gaining access to the assembly grounds, which shall have
at least four gates, at least one at or near four opposite points
of the compass. The plans for fencing the location of the assembly
and the gates contained in such fence.
(11)
Potable water, meeting all federal and state requirements for
purity, sufficient to provide drinking water for the maximum number
of people to be assembled at the rate of at least one gallon per person
per day and water for bathing at the rate of at least 10 gallons per
person per day. The plans for supplying potable water including the
source, amount available, and location of outlets.
(12)
Separate enclosed toilets for males and females, meeting all
state and local specifications, conveniently located throughout the
grounds, sufficient to provide facilities for the maximum number of
people to be assembled at the rate of at least one toilet for every
200 females and at least one toilet for every 300 males together with
an efficient, sanitary means of disposing of waste matter deposited,
which is in compliance with all state and local laws and regulations;
a lavatory with running water under pressure and a continuous supply
of soap and paper towels shall be provided with each toilet. The plans
for providing toilet and lavatory facilities including the source,
number and location, type and the means of disposing of waste deposited.
(13)
A sanitary method of disposing of solid waste, in compliance
with the state and local laws and regulations, sufficient to dispose
of the solid waste production of the maximum number of people to be
assembled at the rate of at least 2.5 pounds of solid waste per person
per day together with a plan for holding and a plan for collecting
all such waste at least once each day of the assembly and sufficient
trash cans with tight-fitting lids and personnel to perform the task.
The plans for holding, collecting and disposing of solid waste material.
(14)
If the assembly is to continue during hours of darkness, illumination
sufficient to light the entire area of the assembly but not to shine
unreasonably beyond the boundaries of the enclosed location of the
assembly. The plans, if any, to illuminate the location of the assembly
including the source and amount of power and the location of lamps.
(15)
A free parking area inside of the assembly grounds sufficient
to provide parking space for the maximum number of people to be assembled
at the rate of at least one parking space for every four persons.
The plans for parking vehicles including size and location of lots,
points of highway access, and interior roads, including routes between
highway access and parking lots.
(16)
Telephones connected to outside lines sufficient to provide
service for the maximum number of people to be assembled at the rate
of at least one separate line and receiver for each 5,000 persons.
Plans for telephone service including the source, numbers and location
of telephones.
(17)
If the assembly is to continue overnight, camping facilities
in compliance with all state and local requirements as set forth in
the Wisconsin Administrative Code, the Town Code and applicable Adams
County ordinances, sufficient to provide camping accommodations for
the maximum number of people to be assembled. The plans for camping
facilitates, if any, including facilities available and their location.
(18)
Security guards, either regularly employed, duly sworn, off-duty
Wisconsin peace officers or private guards, licensed in Wisconsin,
sufficient to provide adequate security for the maximum number of
people to be assembled at the rate of at least one security guard
for every 750 people. The plans for security including the number
of guards, their deployments and their names, addresses, credentials,
and hours of availability.
(19)
Fire protection, including alarms, extinguishing devices, and
fire lanes and escapes, sufficient to meet all state and local standards
for the location of the assembly as set forth in the Wisconsin Administrative
Code, Town Code and applicable Adams County ordinances, and sufficient
emergency personnel to efficiently operate the required equipment.
The plans for fire protection, including the number, type, and location
of all protective devices including extinguishers, and the number
of emergency fire personnel available to operate the equipment.
(20)
All reasonably necessary precautions to insure that the sound
of the assembly will not carry unreasonably beyond the enclosed boundaries
of the location of the assembly. The plans for sound control and sound
amplification, if any, including number, location, and power of amplifiers
and speakers shall be specified.
(21)
The plans to provide for medical facilities including the location
and construction of a medical structure, the names and addresses and
hours of availability of physicians and nurses, and provisions for
emergency ambulance service.
(22)
The plans for food concessions and concessionaires who will
be allowed to operate on the grounds including the names and addresses
of all concessionaires and their license or permit numbers.
C.
A minimum bond of a $100,000 bond shall be filed with the Town Clerk/Treasurer,
either in cash or underwritten by a surety company licensed to do
business in Wisconsin, which shall indemnify and hold harmless the
Town of Rome or any of its agents, officers, servants, and employees
from any liability or causes of action which might arise by reason
of granting this license and from any cost incurred in cleaning up
any waste material produced or left by the assembly. The application
shall include the bond required in this section and the license fee.
D.
The application for a license shall be processed within 10 days of
receipt and shall be issued if all conditions are complied with.
The license may be revoked by the Police Chief at any time if
any of the conditions necessary for the issuing of or contained in
the license are not complied with, or if any condition previously
met ceases to be complied with.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
If not defined herein, the word, term or phrase shall have the definition
commonly accepted including a relevant definition contained in the
Wisconsin Statutes. When not inconsistent with the context, the words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory:
A parcel of land. A lot may be a parcel designated in a plat
or described in a conveyance recorded in the Office of the Register
of Deeds, or any part of a large parcel when such part complies with
the requirements of this Code as to width and area for the district
in which it is located.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these who shall
hold title to a building, structure or property, or who shall be in
actual possession of, or have charge, or control of building, structure,
or property as agent of the title holder, or who shall be trustee
or guardian of the estate or person of the title holder.
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
Anything constructed or erected, the use of which requires
a more or less permanent location in or on the premises, or any other
attachment to something having a permanent location on the ground,
which includes, but is not limited to, objects such as buildings,
mobile homes, gas or liquid storage tanks, bridges, culverts, decks,
fences, satellite dishes or swimming pools.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
Garbage, refuse, and all other discarded or salvageable material,
including materials resulting from industrial, commercial, and agricultural
operations and from domestic use and public service activities.
