[HISTORY: Adopted by the Common Council of the City of Arcadia 3-6-2019 by Ord. No. 2019-1. Amendments noted where applicable.]
The title of this chapter shall be the "Special Event Permit
Ordinance."
The purpose and intent of this chapter is to protect the public
interest and promote the general health, safety, and welfare of the
City by establishing rules and a permit process in order to hold a
special event on any property within the City so as to address potential
impacts on the general public of a special event, including, without
limitation, noise, light, dust, traffic, parking, and other public
health safety and welfare concerns. Further, the purpose and intent
of this chapter is to promote the economic welfare and general prosperity
of the community by safeguarding and preserving property values by
addressing potential impacts of a special event.
Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
This chapter is intended to apply to all persons within the
City, and its provisions shall be administered by the City Common
Council, or other City officials designated by the City Common Council.
This chapter does not apply to any event which is sponsored by the
City, to single-day park shelter rentals, or to any persons who have
a written, special-events agreement with the City for use of public
property.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person applying for a special event permit.
Any rental of a City park shelter, from the City, for exclusive
use for one day, that does not require additional City services.
The total amount of people expected to attend the event over
the life of the event. The same person attending the event on separate
days shall be counted as a new attendant on each day.
Any natural person, firm, partnership, association, corporation,
company, governmental entity, or organization of any kind.
Any executive officer of the corporation.
Any temporary event or activity occurring on public or private
property that may interfere with or differs from the normal and ordinary
use of the property or adjacent public or private property which the
City determines would require City services beyond those normally
provided on a daily basis by the City.
A.
No person shall conduct a special event within the City of Arcadia
without first having obtained a special event permit. A special event
permit may be issued to any applicant by the City of Arcadia Common
Council or its designee.
B.
Applicants shall have initial meetings with the directors of each
of the City departments that they are requesting service of. These
meetings shall take place before the applicant files the special event
permit. Such meetings shall initiate in accordance with the following
schedule:
(1)
Participant expectancy of 10,000 people or less: at least 30 days
before submitting application.
(2)
Participant expectancy of 10,001 to 25,000 people: at least 45 days
before submitting application.
(3)
Participant expectancy of 25,001 people or more: at least 60 days
before submitting application.
C.
Any person may file an application for a special event permit. Application for a special event permit shall be filed with the Clerk-Treasurer at least 30 days prior to the proposed event date. If an application is filed less than 30 days prior to the proposed event, the City may attempt to process the application but is not obligated to do so. Payment is required for the application fee (Refer to § 328-12 of this chapter.) at the time of submittal.
D.
The application shall contain a statement made upon oath or affirmation
that the statements contained therein are true and correct to the
best knowledge of the applicant and shall be signed and sworn to or
affirmed by the individual making application, by all officers of
an applicant corporation, by a general partner of an applicant partnership
or by all officers of any applicable unincorporated association, society
or group or, if there be no officers, by all members of such association,
society or group.
E.
The application shall contain and disclose:
(1)
The name and address and home and business telephone numbers of the
authorized representative of the applicant who shall be responsible
for the conduct of the special event and available to the City at
all times for all communications and necessary contacts. The authorized
representative or their designated representative(s) must be on site
and available at all times during the event.
(2)
The name, age, residence and mailing address of all persons required
to sign the application and, in the case of a corporation, a certificate
of status, together with the name and mailing address of the corporation
or its primary officers. A valid state driver's license or identification
card shall be submitted and kept on record.
(3)
The address and legal description of all property upon which the
special event is to be held, together with the name, residence and
mailing address of the record owner(s) of all such property.
(4)
Proof of ownership of all private property upon which the special
event is to be held or a statement made upon oath or affirmation by
the record owner(s) of all such property that the applicant has permission
to use such property for the special event.
(5)
A description of the special event. The applicant shall express if
the special event will last consecutive days or take place over a
length of time on specific days. If the latter, the applicant shall
submit information on the total event or apply for separate permits.
(6)
The total number of days and/or hours during which the special event
is to last, including setup and takedown operations.
(7)
The maximum number of persons which the applicant shall permit to
attend at any time, not to exceed the maximum number which can reasonably
assemble at the location of the special event.
(8)
The maximum number of admission tickets to be sold, if any.
(9)
If necessary, the plans of the applicant to limit the maximum number
of people permitted to assemble.
(10)
Any plans for fencing the location of the special event and
the gates contained in such fence or other means of assuring that
those attending the special event stay within the bounds of the event.
(11)
The plans for supplying potable water, if any, including the
source, amount available and location of outlets. Supporting vendor
contracts shall be provided by the applicant to the City upon request
by the City.
(12)
The plans for providing toilet and lavatory facilities, including
the source, number and location, type, and the means of disposing
of waste deposited. Supporting vendor contracts shall be provided
by the applicant to the City upon request by the City.
(13)
The plans for holding, collection and disposing of solid waste
material by a hauler licensed in the State of Wisconsin. Supporting
vendor contracts shall be provided by the applicant to the City upon
request by the City.
(14)
The plans, if any, to illuminate the location of the special
event, including the source and amount of power and the location of
lamps.
(15)
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, and any shuttle service.
There shall not be any parking on unimproved City property unless
expressly approved by the City prior to the special event.
(16)
The plans for security, including the number of guards, their
deployment, and their names, addresses, credentials and hours of availability.
Supporting vendor contracts shall be provided by the applicant to
the City upon request by the City.
(17)
The plans for fire protection, including the number, type and
location of all protective devices, including alarms and extinguishers,
and the number of emergency fire personnel available to operate the
equipment.
(18)
The plans for emergency medical service, including access routes
for emergency vehicles.
(19)
The plans and copy of licenses for sound display, sound control
and sound amplification, if any, including number, location, and power
of amplifiers and speakers.
(20)
The plans for food and beverage concessions and concessionaires
who will be allowed to operate on the grounds, including the names
and addresses of all concessionaires and complete lists of their licenses,
permits, and registrations.
(21)
The plans, if any, for temporary power to the property if not
properly serviced.
(22)
Any other plans or specifications needed by the City to make
a proper determination on the issuance of the special events permit.
F.
Failure to provide all the information required under this chapter
may result in the City being unable to process the application within
the time provided under this chapter. No application shall be considered
filed until the City Clerk or his or her designee determines that
the information in the application is complete and sufficient for
filing purposes as required under this section.
G.
Upon receipt of both the application for a permit and the fee, the
Clerk-Treasurer shall review the information given on the application
for conformity with the provisions of this section. The Clerk-Treasurer
shall distribute the application and accompanying materials to the
related departments for review and comment. If the applicable requirements
are satisfied, the Clerk-Treasurer will then forward the application
to the Common Council.
H.
The Common Council shall review the application and either deny the
permit, approve the permit, or approve the permit with conditions.
The permit shall be signed by the Mayor or his/her designee and shall
be issued to the applicant.
Any person or applicant for a special event shall satisfy all
of the following permit conditions, if applicable:
A.
Liability insurance. The person or applicant and each special event
sponsoring group or vendor shall be required to supply the City with
a certificate of insurance with coverage in the amount of not less
than $1,000,000 combined single limit per event and naming the City
as an additionally insured party. Those events that will be required
to provide the insurance and indemnification include but are not limited
to: 1) an event that includes alcohol; or 2) an event that is anticipated
to have attendance greater than 100 people per day; or 3) an event
that includes a road closure. Proof of insurance shall be submitted
to the City a minimum of 10 days before the start of the event. The
applicant shall also be required to notify the City in the event there
is a modification of any of the terms of the insurance coverage. Such
notification shall be provided not less than two weeks prior to the
effective date of that modification or termination.
B.
Indemnification. The person or applicant shall agree to indemnify,
defend, and hold harmless the City, its employees, and agents against
all demands, claims, liabilities, losses, damages or expenses, including
but not limited to reasonable attorney's fees, incurred by the
City for any damage or injury to person or property caused by or resulting
from in any way the activities for which the permit is granted. No
permit may be issued unless the person or applicant has agreed to
this indemnification in writing and in a manner confirming its enforceability.
C.
City services. All requests by applicants for City services will be made to the Common Council or their designee. The applicant shall be responsible for reimbursement to the City for any City personnel, services, equipment, and facilities provided for the special event in the following circumstances for special events: 1) when deemed necessary by the City; or 2) when requested by the applicant and approved by the City. For City personnel, including local Police Department security services, the reimbursable costs associated with the event shall include wages, overtime, and fringe benefits. City services and costs shall be determined and allocated per § 328-12 of this chapter.
D.
Police Department security services. Where in the City's reasonable discretion the circumstances of the event require a security presence due to the scope and nature of the event, the City of Arcadia Police Department shall be utilized to provide the required security. Said security presence will be over and above the normal policing which would be provided; however, it is subject to emergent needs for policing which may otherwise exist at the time of the event. The Chief of Police or his/her designee shall advise the Common Council in deciding the level of coverage necessary to provide adequate security for an event covered under this chapter. The applicant shall be required to reimburse the City of Arcadia for security-related services in accordance with Subsection C above.
E.
Cleaning/damage deposit. The applicant shall be required to submit to the City a cleaning/damage deposit as determined by the Common Council per § 328-12 not less than two weeks prior to the starting date of the event. The cleaning/damage deposit may be refunded to the applicant, if, upon inspection, the property is in a substantially similar condition to what existed prior to the commencement of the event, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. The City reserves the right to retain the entire deposit if cleanup is not completed satisfactorily in the time frame as specified in the permit. Unless otherwise stated in the permit, the applicant shall be fully responsible for all necessary cleanup associated with the permitted event to be completed within 24 hours after the conclusion of the event, or if a longer amount of time is required to complete the cleanup in a manner acceptable to the City, as approved by the Common Council prior to issuance of the permit. Glass bottles are prohibited from all special events on public property, unless otherwise allowed by a majority vote of the Common Council.
F.
Licenses required. All vendors operating a revenue-generating business
as part of a special event permit obtained under this chapter shall
obtain and display any and all required City permits for the duration
of the event.
(1)
Only those vendors on the applicant's list of sponsors and participants
shall be allowed to receive permits subject to permit application
requirements.
(2)
Applicants that intend to serve beer or alcohol at an event are responsible
for obtaining all required permits for serving alcohol beverages and
shall comply with all applicable laws. All bar locations on site serving
beer and/or alcohol must have at least one individual, who shall be
the supervisor, who holds an operator's license in accordance
with §§ 125.17(1), 125.32(2), and 125.68(2), Wis. Stats.,
and who shall remain on the premises at times when beer and/or alcohol
is served.
(3)
Applicants that intend to play music at their event must obtain the
proper licenses from the proper performance rights organizations and
shall be prepared to display the license when requested by the City
and shall provide a copy of such license agreement to the City.
(4)
Vendors wishing to serve food items must also obtain any required
permit or license.
(5)
The applicant and all vendors shall comply with any other applicable
State of Wisconsin statutes and Trempealeau County ordinances and
shall be responsible for any additional required licenses or requirements.
G.
Applicant representative. The applicant shall have at least one representative
on site during the event to coordinate events and enforce guidelines
and standards on behalf of the City and the County or State Health
Department and shall also provide the City with a list and schedule
of primary contacts for the event. The applicant shall also provide
sufficient staffing to provide assistance with crowd control, parking,
and sanitation. The determination of what constitutes sufficient staffing
will be made in conjunction with City officials.
H.
Inspections required. All tents must be installed under the Wis.
Admin. Code Ch. 314 and National Fire Protection Association, Chapter
25. The applicant shall be responsible for reimbursing the City for
any and all fire inspections required in association with the proposed
event. Wiring shall be installed by a licensed electrician, but only
upon issuance of a temporary permit after payment of appropriate fees.
All wiring shall be installed by an electrician with a valid license
in the State of Wisconsin or be inspected by the state-certified inspector
prior to being energized. Failure to obtain inspections may result
in the termination of the event.
I.
Termination of event. The City reserves the right to shut down a
special event that is in progress if it is deemed to be a public safety
hazard by the Chief of Police or a fire hazard by the Fire Department
or there is a violation of City ordinances, state statutes or the
terms of the applicant's permit. The Chief of Police or Chief
of the Fire Department shall notify the applicant of the violation
and reason for shutting down the special event. The Common Council
or their designee may revoke an approved special event permit if the
applicant fails to comply in good faith with the provisions of the
permit prior to the event date. Good faith shall constitute an opportunity
for the applicant to remedy the failure of provisions.
A.
The City Council may require the applicant to revise and amend their
application for reconsideration prior to denying the special event
permit.
B.
Reasons for denial of a special event permit may include, but are
not limited to:
(1)
The event will disrupt traffic within the City beyond a reasonably
practical solution.
(2)
The event will create a likelihood of endangering the public.
(3)
The event will interfere with access to emergency services.
(4)
The length, location, or time of the special event will cause undue
hardship or excessive noise levels to adjacent businesses or residents.
(5)
The event will require the diversion of City resources that would
unreasonably affect the maintenance of regular City service levels.
(6)
The application contains incomplete or false information.
(7)
The applicant fails to provide proof of insurance.
(8)
The applicant fails to agree to the indemnification requirements
in this chapter.
(9)
Inadequate provision for garbage or debris removal.
(10)
Inadequate provision of temporary restroom facilities.
(11)
Inadequate provisions for parking that interfere with provision
of emergency services.
(12)
The event conflicts with another event in the area.
C.
The Common Council shall notify the applicant of its decision 14
days or more prior to the special event.
Any person, applicant, organization, vendor, firm, or corporation violating any of the requirements of this chapter shall be subject to a forfeiture as defined in § 1-3 of the City of Arcadia Municipal Code. Each day a violation continues shall be considered a separate offense. In addition, the City may enforce this section by way of injunctive relief and all other remedies available at law and in equity.
The City may condition any special event permit on a requirement
that the person or applicant give not less than seven days written
advance notice of the event and its probable impact to any adjoining
property owners or tenants who will be immediately impacted by the
event.
Any person denied a permit may appeal the denial through the
appeal procedure provided under the provisions of Ch. 68, Wis. Stats.
A.
Concurrent with the filing of any application for a special event
permit, the applicant shall pay a nonrefundable permit application
fee in the amount of $100.
B.
In addition, a special event permittee shall be responsible for and
pay the City for any additional City and police services provided
by the City for the special event. Such City and police event fee
shall not exceed the actual cost of providing the services. Before
any Common Council approval of a special event license, City department
directors, including the Operations Superintendent and the Police
Chief, shall review the application and provide to the Common Council
their reasonable estimates of the costs of providing public works,
police, and other City services reasonably required by the special
event. The permittee shall provide the City with all information necessary
to determine the level of services required. After reviewing such
reports, upon which the applicant may be heard, the Common Council
shall require as a condition of the permit that the applicant deposit
with the City security in the form of a letter of credit or cash deposit,
in form approved by the City Attorney in an amount determined to be
sufficient to guarantee payment for the reasonable estimate of the
anticipated cost of providing such special event police, and other
City services. Such security deposit shall be filed with the City
no later than 14 days before the special event. Such security deposit
shall entitle the City to draw upon same forthwith upon any default
in payment by the permittee after services invoice, with any remaining
balance of any cash deposit to be returned to the permittee. Any determined
deficiency for such service fees or fees accrued beyond the security
deposit shall be a debt of the permittee to the City, collectible
by the City in an action at law, which shall also entitle the City
to all costs of collection, including attorney fees and, further,
shall also constitute a special charge under § 66.0627,
Wis. Stats., which shall become a lien against the special event premises
to be placed upon the tax roll for such premises, if the special event
takes place on private property. If the Operations or Park and Recreation
Department reports the need for extra staff for the special event,
the above terms and provisions pertaining to police and costs shall
likewise apply to such extra operations, parks, or sanitary services
and costs.
C.
Damage deposit for damage to City parks. Any permittee for a special
event to be held in a City park shall pay a damage deposit in an amount
determined by the City in consultation with the Operations and Parks
and Recreation Departments based on the anticipated cost to restore
the park to its condition before the event. Such anticipated cost
shall be based on the size of the event, the number of people attending
the event, vehicles, structures or other equipment used in the event,
and other similar factors that may cause damage to the park. The deposit
shall not be based on the sponsor or content of the event.
