City of Fond du Lac, WI
Fond du Lac County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fond du Lac 2-13-2019 by Ord. No. 3684. Amendments noted where applicable.]
The City of Fond du Lac wishes to encourage and support community events that take place within City limits because they serve an important role in enhancing the City's quality of life. The City of Fond du Lac seeks to efficiently and fairly coordinate special events, marches, and public assemblies, facilitate the use of City resources and available staff time and protect a full and fair expression of views as provided for under the Constitution. Proper planning, review, and coordination with the City will ensure that special events, marches, and public assemblies are executed as efficiently and safely as possible.
As used in this chapter, the following terms will have the meanings indicated:
APPLICANT
The person or authorized representative(s) who signs a special event or march/assembly permit application and who will be responsible under the permit, if issued, for ensuring that the event will be conducted in accordance with these provisions, their application and the special events, marches and public assemblies guidelines. Where a purported applicant is not a legal entity, the applicant will be the individual(s) signing the permit application.
CITY PROPERTY
All municipal buildings, parks, green spaces, bridges, streets and other rights-of-way, public easements, parking lots and structures, and any other property owned, leased, or controlled by the City of Fond du Lac, unless specifically exempted by these provisions.
EVENT COORDINATOR
The person listed on a special event or march/public assembly permit application as the individual(s) who will be available to answer all questions, provide information, and otherwise assist City staff in coordinating the event.
FINANCIAL GAIN
Any monetary gain coming from or associated with an event. Financial gain includes, but is not limited to, concession/alcohol sales, entrance or registration fees, sponsorships, and donations collected. (Any special event that is held for gain or profit, by any person or entity, including nonprofits.)
MARCH
A planned grouping of people, of any number, moving from one place to another in or on City property which requires a street closing or police officers to stop, reroute, or alter the normal flow of vehicular or pedestrian traffic because attendees are unlikely to comply with traffic regulations and controls. A march is an event that is not for financial gain and for the purpose of conducting activities protected by the First Amendment of the United States Constitution. All applications that do not meet this specific definition of a march may be reviewed as a special event or public assembly.
PUBLIC ASSEMBLY
A planned, organized public gathering or group of people, of any number, which is reasonably anticipated to obstruct the normal flow of vehicular or pedestrian traffic or alter the normal use of City property. A public assembly takes place in one place on City property, is not for financial gain, and is for the purpose of conducting activities protected by the First Amendment of the United States Constitution, but does not meet the specific definition of a march. All applications that do not meet the specific definition of a public assembly may be reviewed as a special event or a march.
RECURRING SPECIAL EVENT
A special event that has received a special event permit from the City of Fond du Lac for three years in a row and has had no substantial changes made from prior event years in a subsequent special event application.
SPECIAL EVENT
Any planned occurrence that takes place in or on City property, which interferes with the normal flow of vehicular or pedestrian traffic or the normal use of City property, including, but not limited to, an athletic event/competition/race, festival, ceremony, exhibition, pageant, parade, procession, race, show or other similar display.
STREET CLOSING
Any planned activity requiring the temporary closing or partial closing of a public right-of-way or street for the purpose of conducting a special event, march, or public assembly, which would restrict or change the normal flow of vehicular or pedestrian traffic. See also Chapter 568, § 568-5, Obstruction in streets, of Code of the City of Fond du Lac.
A. 
Permit required. Any person, entity, organization, group, association, or sponsor that wishes to set up for, hold, or conduct a special event within the municipal boundaries of the City of Fond du Lac must first obtain a special event permit. The City Clerk or designee will manage the scheduling of special events on City property and issue all special events permits.
B. 
Exceptions. A special event permit will not be required for the following events:
(1) 
Events held entirely on private property that have no street closures and sufficient parking available for all anticipated attendees.
(2) 
Funeral processions.
(3) 
Events organized solely by the City. Events in which the City participates as one of the organizers are not exempt from these regulations.
(4) 
Events on property otherwise exempt from the City of Fond du Lac permitting requirements, such as events wholly contained on property owned by the State of Wisconsin or United States federal government.
(5) 
The above list of exceptions would not apply if the proposed event:
(a) 
Would block access to the entrance to any adjacent building or driveway;
(b) 
Would occupy more than half of the width of any pedestrian walkway, or would obstruct the free and orderly flow of pedestrian traffic within any pedestrian walkway;
(c) 
Is within an area reserved to another person by a permit for a special event or community event, unless with the permission of the person to whom the permit has been issued.
C. 
Permit application. Application for a special event permit shall be made upon forms provided by the City Clerk. Depending on the nature of the event and the anticipated attendance, the City Clerk may reduce the requirements under this chapter. The application will contain the following information:
(1) 
The full name, address, telephone number and email address of the applicant; or if the applicant is an organization, group, or association, the name, address, home and business telephone numbers, and email addresses of the authorized representatives of the organization who will be responsible for the event.
(2) 
The full name, address, telephone number and email address of the event coordinator, if different from the applicant.
(3) 
The nature of the event.
(4) 
The location of the proposed event, including proposed parking locations, and streets to be used, if applicable.
(5) 
A detailed site or route map that illustrates the route or area proposed for the event, if applicable.
(6) 
The date(s), hours of operation, and hours of set-up and clean-up for the event.
(7) 
The approximate number of people, animals, and vehicles that will attend the event; and a description of the types of animals and vehicles.
(8) 
Whether any food and/or alcoholic beverages will be served, consumed, and/or sold in conjunction with the event, the locations of such activities, and whether the necessary licenses have been obtained.
(9) 
A summary of the protection plan and the number of event security personnel who will attend the event. This plan must be reviewed and approved by the Police Chief or designee.
(10) 
A medical plan to address any emergency medical needs and specific risks inherent to an event. This plan must be reviewed and approved by the Fire Chief or designee.
(11) 
Fee. Each permit application shall be accompanied by a permit fee, which shall be set by resolution of the City Council annually. The fee is nonrefundable.
(12) 
The special event permit application fee identified herein is separate from other fees or licenses required to hold a special event. Examples of other fees or licenses include alcohol licenses, temporary structure permits, commercial vendor licenses, fireworks permits, and other fees/licenses.
D. 
Timelines. Complete applications for a special event permit must be submitted to the City Clerk:
(1) 
Sixty days prior to the event for all new financial gain special events, all special events involving consumption/sale of alcohol, and recurring special events with significant street closing requests.
(2) 
Forty-five days prior to a recurring special event or nonfinancial gain special event.
(3) 
Ninety days prior to new special events with significant street closing requests.
(4) 
No more than three years in advance. Applicants are encouraged to submit a special event application as far in advance of any event as possible, but no application shall be accepted more than three years prior to the proposed date of an event.
(5) 
Incentive. The application fee will double if a special event application is not submitted within the required time frame.
E. 
Application review. Completed applications for a special event permit will be processed in the order of their receipt. When a complete application has been received by the City Clerk, the City Clerk will send copies of the application to the following departments/divisions for their review and comment: Police, Fire/Rescue, Public Works, Parks, Transit, Comptrollers, Community Development, and Legal. The departments will make recommendations to the City Clerk, or designee, regarding approval or denial of permit. Such recommendations shall be made to the City Clerk, or designee, as soon as reasonably practicable.
F. 
Approval or denial of a special event permit application. The City Clerk, or designee, will notify the applicant in writing as soon as reasonably practicable of the special event permit's approval or denial. If the special event permit is denied, the City Clerk, or designee, will state the reasons for denial in a written notice. Approval of any special event permit is always conditioned upon the approval of all other necessary permits, licenses, and inspections. The City Clerk, or designee, may deny an application for a special event permit based on the following reasons:
(1) 
The application, including any required attachments, plans, submissions, and fees, was not fully completed.
(2) 
The application was not timely received.
(3) 
The application contains a material falsehood or misrepresentation.
(4) 
The proposed special event reasonably appears, due to the event's nature, location, anticipated number of attendees or other factors, to present a threat to public safety or health, or would otherwise be unlawful (including, but not limited to, where a permit or license is required for the consumption/sale of alcohol, but said permit or license has not been obtained).
(5) 
The proposed special event is of such a nature or duration that it cannot reasonably be accommodated in the particular area applied for.
(6) 
The conduct of the proposed special event will likely substantially interrupt normal flow of vehicular and/or pedestrian traffic in the proposed location and cannot be reasonably accommodated by the City.
(7) 
The proposed special event is of such a size or nature requiring the diversion of so great a number of police officers, ambulances, or other emergency services as to deny reasonable emergency services to the City as a whole.
(8) 
Activities reasonably expected to occur at the proposed special event are prohibited by law.
(9) 
The proposed special event conflicts with or interferes with another special event, march, or public assembly for which a permit has already been granted.
(10) 
The applicant for the proposed special event previously obtained a permit from the City or another municipality that resulted in a permit revocation, citation, unlawful assembly or other violation of ordinance, policy, or law.
(11) 
The applicant for the proposed special events previously obtained a special event and/or march/public assembly permit from the City and failed to pay all fees assessed for said event.
(12) 
The applicant for the proposed special event has accumulated more than 150 demerit points against his or her alcohol license issued by the City, and said applicant intends to allow for sale/consumption of alcohol at the proposed special event.
G. 
Special event regulations.
(1) 
Insurance. All special events must provide the City with a certificate of insurance issued by a company licensed to do business in the State of Wisconsin that provides liability coverage for injury to persons, property, or loss of life with limits of coverage as determined by the Comptroller Department. The insurance certificate must be presented to the City Clerk at least 30 days prior to the special event.
(2) 
Duration. All special events must end, not including clean-up hours, before 10:30 p.m.
(3) 
Portable toilet facilities. All special events may be required to provide portable toilet facilities during the event, as determined by City staff. The required number of portable toilets will depend upon:
(a) 
The number of anticipated attendees;
(b) 
If any alcohol will be served/sold at the event; and
(c) 
If there are permanent toilet facilities that can be used located on City property where the special event will be held.
(4) 
Refuse removal. All special events will take reasonable efforts to pick up litter and refuse during the special event, and for removing all litter and refuse created during and after the event within 12 hours after the conclusion of the event. If the special event is expected to exceed the capacity of garbage and recycling cans on site, the applicant must provide additional garbage containers and/or bags, or a private hauler. All special events that provide food and beverage concessions must provide trash dumpsters and pickup services.
(5) 
Security. All special events may be required to provide event security personnel during the event, as determined by the Police Chief or designee.
(a) 
Event security must be readily identifiable. A minimum of one event security personnel must be provided for every 500 anticipated participants at the special event.
(b) 
If a permit or license has been issued for consumption/sale of alcohol at the special event, the applicant must provide a minimum of two event security personnel for each area alcohol is served/sold.
(6) 
Medical staff. All special events may be required to have Fond du Lac Fire Department personnel, as determined by the Fire Chief or designee, on scene during the special event as part of the required medical plan.
(7) 
Indemnification. Special event permittees shall indemnify and hold harmless the City, its officials, employees and agents from any personal injury, death, and damage to property, and any other loss, cost, and/or damage occurring or resulting from and/or in connection to the special event and/or the actions or inactions of the special event applicant, event coordinator, volunteers, employees, attendees, and other participants.
(8) 
Special events must comply with all applicable City ordinances, City permit requirements, and state law, including, but not limited to, traffic and parking ordinances, park ordinances and rules, liquor licensing requirements, commercial vendor and mobile food vendor regulations, building/fire codes, state health laws, zoning, and fireworks regulations.
A. 
Permit required. No person, entity, organization, group, association, or sponsor shall set up for, hold, or conduct a march or assembly within the municipal boundaries of the City of Fond du Lac without first obtaining a march/assembly permit. The City Clerk, or designee, will manage the scheduling of marches and public assemblies on City property, and will issue all march/public assembly permits.
B. 
Exceptions. A march/public assembly permit will not be required for the following:
(1) 
Events held on City property with less than 10 anticipated attendees.
(2) 
Events held entirely on private property.
(3) 
Funeral processions.
(4) 
Events on property otherwise exempt from the City of Fond du Lac permitting requirements, such as events wholly contained on property owned by the State of Wisconsin or the United States federal government.
(5) 
Use of sidewalks by pedestrians, provided that such use does not obstruct or unreasonably interfere with access to any public or private property or with any other traffic.
(6) 
Students going to and from school classes or school activities, provided such conduct is under the supervision of school authorities.
C. 
Permit application. Application for a march/public assembly permit will be made upon forms provided by the City Clerk. Depending on the nature of the event and the anticipated attendance, the City Clerk may reduce the requirements under this chapter. The application will contain the following information:
(1) 
The full name, address, telephone number and email address of the applicant; or if the applicant is an organization, group, or association, the name, address, home and business telephone numbers, and email addresses of the authorized representatives of the organization who will be responsible for the conduct of the event.
(2) 
The nature of the event.
(3) 
The location of the proposed event, including streets to be used or affected, and all street closing requests, if applicable.
(4) 
The date(s) and hours of the proposed march/public assembly. The approximate number of people, animals, and vehicles that will attend the event; and a description of the types of animals and vehicles.
(5) 
Fee. Each permit application shall be accompanied by a permit fee, which shall be set by resolution of the City Council annually. The fee is non-refundable.
(6) 
The march/public assembly permit application fee identified herein is separate from other fees or licenses required.
D. 
Deadlines. Complete applications for a march/public assembly permit must be submitted to the City Clerk 10 business days prior to the event. Applicants are encouraged to submit a march/public assembly application as far in advance of any event as possible, but no application shall be accepted more than three years prior to the proposed date of an event.
(1) 
The application fee will double if a march/public assembly application is not submitted within the required time frame.
E. 
Application review. Completed applications for a march/public assembly permit will be processed in the order of their receipt. When a complete application has been received by the City Clerk, the City Clerk will send copies of the application to the following departments/divisions for their review and comment: Police, Fire/Rescue, Public Works, Parks, Transit, Comptrollers, Community Development, and Legal. The departments will make recommendations to the City Clerk, or designee, regarding approval or denial of the permit. Such recommendations shall be made to the City Clerk, or designee, as soon as reasonably practicable.
F. 
Approval or denial of a march/assembly permit. The City Clerk, or designee, will notify the applicant as soon as reasonably practicable, but no longer than three business days after receiving a completed application, of the permit's approval or denial. Applications for a march/public assembly permit will be reviewed solely on the below-stated grounds for denial, and not on the event's message or content. If the march/public assembly permit is denied, the City Clerk, or designee, will state the reasons for denial in a written notice. Grounds for denial of a march/public assembly permit include the following:
(1) 
The application, including any required attachments, plans, submissions, and fees, was not fully completed.
(2) 
The application was not timely received.
(3) 
The application contains a material falsehood or misrepresentation.
(4) 
The proposed march/public assembly reasonably appears, due to the event's nature, location, anticipated number of attendees or other factors, to present a threat to public safety or health, or would otherwise be unlawful.
(5) 
The proposed march/public assembly is of such a nature or duration that it cannot reasonably be accommodated in the particular area applied for.
(6) 
The conduct of the march/public assembly will likely substantially interrupt normal flow of vehicular and/or pedestrian traffic in the proposed location and cannot be reasonably accommodated by the City.
(7) 
The march/public assembly is of such a size or nature requiring the diversion of so great a number of police officers, ambulances, or other emergency services as to deny reasonable emergency services to the City as a whole.
(8) 
Activities reasonably expected to occur at the march/public assembly are prohibited by law.
(9) 
The proposed march/public assembly conflicts with or interferes with another special event, march, or public assembly for which a permit has already been granted.
(10) 
The applicant for the proposed march/public assembly previously obtained a permit from the City or another municipality that resulted in a permit revocation, citation, unlawful assembly or other violation of ordinance, policy, or law.
(11) 
The applicant for the proposed march/public assembly previously obtained a special event and/or march/public assembly permit from the City and failed to pay all fees assessed for said event.
G. 
March/public assembly regulations.
(1) 
The person heading or leading a march/public assembly must carry the march/public assembly permit on their person during the event.
(2) 
Duration. All marches/public assemblies must end, not including clean-up hours, before 10:30 p.m.
(3) 
No alcohol sales or consumption shall be permitted at a march or public assembly.
(4) 
Insurance. All marches/public assemblies must provide the City with a certificate of insurance issued by a company licensed to do business in the State of Wisconsin that provides liability coverage for injury to persons, property, or loss of life with limits of coverage as determined by the Comptroller Department. The insurance certificate must be presented to the City Clerk at least five business days prior to the march/public assembly.
(5) 
Indemnification. March/public assembly permittees shall indemnify and hold harmless the City, its officials, employees and agents from any personal injury, death, and damage to property, and any other loss, cost, and/or damage occurring or resulting from and/or in connection to the march/public assembly and/or the actions or inactions of the march/public assembly applicant, volunteers, employees, attendees, and other participants.
If a special event, march, or public assembly requires more than the reasonable and necessary services provided by the City that specifically result from the event, the applicant will pay the actual costs for the use of equipment, resources, or services. This may include, but is not limited to, police services, fire/EMT services, barricades, traffic control, park services, and other services necessary to ensure the protection of participants and citizens, the proper functioning of City services, and the proper administration of this chapter and policy. The City will invoice the event coordinator after the event. Payment shall be made by permittee to the City within 30 days of issuance of the invoice for the event.
A. 
The City Clerk, or designee, will have the authority to modify the proposed route, time, and place of a special event, march, or public assembly in the interest of relieving congestion and promoting public safety, provided that the applicant's right of free speech is not denied therein. The applicant will be notified of any such modification in writing if and when a permit is granted.
B. 
Any special event or march/public assembly permit granted by the City is based on information provided by the applicant in the permit application. Such information constitutes conditions and limits on the special event, march, or public assembly, if the permit is granted.
C. 
The permittee and/or event coordinator shall notify the City immediately if any information in the permit application is no longer complete or accurate, and provide a revised special event or march/public assembly application containing the updated information. The City will promptly review the revised application and notify the permittee in writing on if the permit will stand, be revoked, be modified, or be subject to any additional conditions, limitations, or changes.
A. 
Where a permit has been granted, the City Clerk, or designee, may revoke, modify, condition, or limit the permit for any reason for which said permit could have been denied, modified, conditioned, or limited originally. Immediately upon such a revocation or modification, the City Clerk, or designee, will send a written notice to the permit applicant, stating the reason(s) for revocation or modification.
B. 
Pursuant to § 255-9 of the Code of the City of Fond du Lac, a building inspector may order occupants to immediately vacate a building or structure if it is so unsafe that life is endangered; the inspector may also close sidewalks, streets, buildings, structures and places adjacent to the same.
C. 
Pursuant to § 343-5C of the Code of the City of Fond du Lac, where the public is exposed to immediate danger, the Fire Chief is empowered and directed to order the closing, vacating, repairing, or razing of any such building or structure or premises at once.
D. 
Pursuant to § 947.06(1), Wis. Stats., any police officer may order persons who are part of an assembly to disperse if they cause a disturbance of public order such that it is reasonable to believe that the assembly will cause injury to persons or damage to property unless it is immediately dispersed.
An applicant may appeal any decision of the City Clerk, or the Clerk's designee, under these provisions to the City Manager by filing a written notice of appeal with the City Clerk. Applicants shall have 10 days from the date a decision is made by the City Clerk, designee, or City staff on the permit to file such an appeal. The City Manager may affirm, reverse, or modify the determination of the City Clerk, designee, or City staff after conducting a hearing and allowing all interested parties the opportunity to be heard. After the hearing, the City Manager will issue a written decision within five business days from the date of the hearing.
The failure to obtain a permit before holding or conducting a special event, march, or public assembly, or the failure to abide by any of the provisions of this chapter, may result in the termination of the event, denial of future permit applications, or issuance of a citation as described in § 1-4 of this Code. Any person who violates any provision of this chapter shall, upon conviction, pay a forfeiture as described in § 1-4 of this Code, together with the costs of prosecution and any penalty assessment imposed by Wisconsin Statutes. Each day during which a violation of this chapter is permitted to exist may be deemed to be a separate violation.