[HISTORY: Adopted by the Town Board of the Town of Rome as
Sec. 7.15 of the prior Code. Amendments noted where applicable.]
There is hereby established a public market in the Town of Rome.
Said public market is established for the purpose of allowing the
Town of Rome to administer public market events under an annual permit
to be issued by the Town Board, which shall incorporate by reference
the conditions as set forth in this chapter and any other written
conditions of such permit as are deemed necessary by the Town Board
when granting the permit.
The boundaries of any said proposed public market place shall
be stated in the permit application and approved by the Town Board.
A.
No items may be displayed or sold in Veterans Park.
B.
No items may be displayed or sold from any vehicle parked in or adjacent
to the Business Park, unless specific provision with written conditions
are made part of the conditions of any permit approved by the Town
Board.
C.
No parking stalls within the public right-of-way adjacent to the
Business Park may be included within the boundaries of the public
market, unless specifically approved in the annual permit and such
approval shall be explicit and detailed in writing on the permit.
The public market may be held on Saturday and Sunday during
the months of April through October between the hours of 7:30 a.m.
and 12:00 noon, and at other times and days as may be authorized in
the annual permit approved by the Town Board.
The following items may not be offered for sale or distribution
at the public market:
A.
Live animals of any species.
B.
Tobacco products, liquor, or fermented malt beverages.
C.
Any drugs or drug paraphernalia, medical supplies or equipment, or
medications.
D.
Firearms, ammunition, fireworks or explosive devices.
E.
Sexually oriented materials or products.
F.
Any other items specifically prohibited under a permit issued under
this chapter or any other ordinance.
G.
Any other use or items determined by the Community Development Director
to be a health hazard.
All park regulations, as set forth in the Alpine Village Design
Manual, shall remain in full force and effect and may not be waived
by any permit issued under this chapter.
The following information shall be included in any application
for an annual permit, and such permit may remain in effect between
April 1 until October 31 of the year in which granted.
A.
The name, address and telephone number of the applicant and of the
contact person who has the authority to manage and administer the
public market under the permit.
B.
Any guidelines, rules or registration forms that are intended for
application to individual vendors participating in the public market
under the permit.
C.
The hours and days of operation proposed for the public market.
E.
The proposed location for the public market.
G.
Any other information the applicant believes would be relevant when
the application is reviewed by the Town Board.
The applicant for a public market permit may be required to
indemnify, defend and hold the Town and its employees and agents harmless
against all claims, liability, loss, damage or expense incurred by
the Town on account of any injury to or death of any person or any
damage to property caused by or resulting from the activities from
which the permit is granted. As evidence of the applicant's ability
to perform the conditions of the permit, the applicant may be required
to furnish a certificate of comprehensive general liability insurance
with the Town of Rome. The applicant may be required to furnish a
performance bond prior to being granted the permit.
A.
Applications for a public market permit shall be submitted to the
Community Development Director on a form provided by the Director
or designee.
B.
Initial permit, review and recommendation. The Director or designee shall review the initial permit application and shall forward the application, together with his recommendation, to the Town Board. In making his recommendation, the Director shall consider such factors as traffic safety; appropriate vehicular access and circulation; available parking; public safety, including provision for security personnel; generation of noise; hours of operation; sanitary facilities; the standards set forth in § 320-32 and any substantially adverse effect upon adjoining properties or public streets. The Director may request reports and/or recommendations from other Town departments, including but not limited to the Police and Fire Departments, in preparing the recommendation.
C.
Determination of Town Board. Upon reviewing the application and the
recommendation of the Director, the Board may approve, approve conditionally
or deny the application. If denied, the reasons for denial shall be
included in the minutes of the meeting. The Board may require a cash
deposit to secure the cleanup of the public market sites.
D.
Renewal of a public market permits may be granted by the Director
if the previous year's operation was in compliance with this
chapter and the use is not to be expanded or extended. If the previous
year's operation was not in compliance with this chapter or the
use is intended to be extended or expanded, the application and recommendation
of the Director shall be referred to the Town Board.
Where a use does not comply with the conditions of the permit,
the public market permit may be revoked by the Board after a hearing
is held and the use shall be considered a violation of this chapter.
No permit issued under this chapter shall relieve the permittee
or any individual vendor participating in the public market from responsibility
for following all applicable laws and regulations, whether they be
federal, state or local.
No use of utilities, to include water and electric, may be made
by the Town of Rome in administering the public market or by any individual
vendor participating in the public market. Exceptions may be made
to this requirement if expressly authorized by the Town Board and
if made part of the written conditions of the permit.
Upon conclusion of each market, the grounds shall be left in
the same condition as they were in when the public market event commenced.
All litter or refuse of any kind shall be placed in appropriate receptacles
prior to the Town of Rome officially closing each public market event.
The permittee or authorized representative shall remain present throughout
each public market event to supervise conduct within the market and
to keep order, and if assistance is needed by authorities, to seek
such assistance immediately.
Nothing in this chapter may be construed to limit the Town Board
from amending or repealing this chapter or from approving permits
for similar events at other locations within the Town during the public
market or at other times besides the times established for the public
market. Nothing in this chapter may preclude the Town Board from granting
individual vendor permits to sell or display items in the Town. The
Town Board may seek at any time to limit the size of the public market
through action to either amend this chapter or to modify the permit
issued under this chapter.
If noncompliance with the conditions of the permit or this chapter is found to exist, a notice of noncompliance shall be provided to the person who is listed under § 293-6A, and a meeting with the Community Development Director shall be held within 10 days of the issuance of said notice to determine compliance. If the noncompliance is not corrected, then a notice and hearing before the Town Board shall be held to determine whether the permit shall be suspended, revoked or nonrenewed.
The permit fee for a public market shall be established by the
Town Board by resolution. The Town Board may, in its discretion, waive
the permit fee.
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:
All grounds, structures and watercourses which are or may
be located within any area dedicated to the public use as a park,
parkway, public boat landing, public lake access, recreation facility
or conservancy district in the Town.
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.
Refuse is combustible and noncombustible discarded material
including, but not limited to, trash, rubbish, paper, wood, metal,
glass, plastic, rubber, cloth, ashes, litter and street rubbish, industrial
waste, dead animal tissue, blood or parts, mine tailings, gravel pit
and quarry spoils, and material and debris resulting from construction
or demolition.
Any public highway or alley and shall mean the entire width
between the boundary lines of any public way where any part thereof
is open to the public for purposes of vehicular traffic.
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.
A motor vehicle, trailer, semitrailer or mobile home, whether
or not such vehicle is registered under Wisconsin Law.
