[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:
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.
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.
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.
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.)
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.
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.
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.
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.
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:
(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.
