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.
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.
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.