The City of Onalaska recognizes that special events organized by individuals, private organizations, and nonprofits serve an important role in enhancing the City's quality of life and can provide benefits to the community as a whole. In an effort to treat all persons and groups uniformly, to facilitate the successful staging of these special events, and to be mindful of the efficient use of available facilities and resources, the City will commit staff time and facilities to review applications to hold special events and assist the organizers as needed to ensure that special events have an overall positive effect upon the community and its resources. The City will review special event applications for the purpose of assisting the event organizer in complying with various applicable public safety requirements, as well as be involved during the special event as needed to protect the safety and welfare of the public, and resources owned by the public. During the City's review and oversight in this process, the City will address traffic and parking issues, health and safety issues related to the participants and the public, effects upon neighboring properties, fire potential, explosions, disorder and other dangers to persons or property, preservation of peace and order, sanitation, and the overall safeguarding of the public health. The City will also consider the potential diversion of public health, safety, and emergency services from their regular and necessary duties, and the additional costs of providing public services necessary to protect the public health, safety, and welfare associated with special events.
A. 
As used in this division, the following terms shall have the meanings indicated:
CITY PROPERTY
All municipal buildings, parks, beaches, athletic fields and complexes, streets and other rights-of-way, parking lots, boating and docking facilities, and any other property owned, leased or controlled by the City of Onalaska.
EXTRAORDINARY SERVICES
Reasonable and necessary services provided by the City which specifically result from the special event. Extraordinary services result in measurable financial costs which are above and beyond the normal levels of public health and safety services on a nonevent day. Extraordinary services will normally be those services requiring City employees to be specifically assigned to tasks in support of the special event and/or those services resulting in overtime pay or similar costs which result from the event. Examples of extraordinary services may include police protection, traffic control, fire monitoring, dedicated paramedic service, parks 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 ordinance and policy. The City will make reasonable efforts to adjust the schedules of employees to minimize the requirement for overtime pay or other costs for extraordinary services where sufficient advanced notice of the event is provided, a minimum of 60 days.
SPECIAL EVENT
A temporary gathering of people on public or private property and involving at least one of the circumstances listed below. The City Administrator, or their designee, shall have the exclusive authority to determine whether or not an event meets the criteria to be considered a special event.
1. 
Criteria for special events.
a. 
Exclusive use of all or part of waterways, or City-owned facilities, within the City boundaries, such as buildings, parks, open spaces, streets, parking lots, athletic fields, etc., but does not include normal park shelter rentals or OMNI Center rentals;
b. 
Will involve the temporary closing of a public street, alley, or public right-of-way;
c. 
Over 300 people attending the event (or multiple events as part of a series) on private property, except those situations meeting the definition of a "public assembly," which shall be governed under Division 2 of this chapter;
d. 
Temporary installation or construction of structures, including but not limited to tents, stages, etc.;
e. 
Need public safety support by City departments;
f. 
Will require extraordinary services by any City Department;
g. 
Hours of the event extend beyond those otherwise allowed in City ordinances; or
h. 
Alcohol, beverages, food, and/or merchandise will be offered for purchase.
2. 
Examples of special events. Examples include, but are not limited to, activities such as running/jogging/walking events, boat, bicycle, running or road races and other forms of competition and athletic events, music, theater, film performances or concerts, water-ski demonstrations, air shows, carnivals, equipment shows, cultural events such as art fairs, antique shows, religious services, parties, and other gatherings meeting the above criteria. A special event is not intended to include events such as a family gathering; nonprofit organization, business, or company picnic; or other similar events unless other criteria listed above apply.
A. 
Not all special events will require a special event permit. If an event meets the definition of "special event," then a special event permit is required except for the following situations:
1. 
Athletic events wholly contained on property specifically designed or suited for the athletic event (examples: baseball tournaments, soccer tournaments, golf tournaments).
2. 
Funeral processions.
3. 
Events organized solely by the City. In these instances, notices shall be given to all affected departments so that they may determine their level of sponsorship. Events in which the City participates as one of the organizers are not exempt from the requirement of obtaining permits.
4. 
Recurring events which enter into a separate and specific agreement, which is approved by the Common Council, to hold the event pursuant to the terms of the individual agreement. The Council is authorized to modify the terms or requirements of this section within such an agreement, provided the modifications meet the spirit if not the letter of this section.
5. 
Events on property otherwise exempt from City of Onalaska permitting requirements, such as events wholly contained on property owned by the State of Wisconsin, La Crosse County or school district property.
6. 
Military convoys.
7. 
Events fully contained on private property within a commercial zoning district with 299 people or fewer people in attendance.
A. 
Permit required. No person or entity acting as an event organizer shall set up for, hold, or conduct a special event within the municipal boundaries of the City of Onalaska without first obtaining a special event permit.
B. 
Permit application and fee. Event organizers shall complete a special event permit and file the application and associated nonrefundable fee as set forth on the Onalaska Fee Schedule with the office of the City Clerk. The permit application fee is separate from other fees, licenses, and from any requirement to reimburse the City for the actual cost of extraordinary services required for the permitted event, or for damage or destruction resulting from the event. The application shall be filed a minimum of 45 days prior to the event for those events with 300 event participants or more and 21 days prior to the event for those events with 299 or fewer event participants. Applications shall be filed in order of their receipt. Special events must comply with all applicable City ordinances and requirements and event organizers shall use all reasonable efforts to ensure compliance of participants/attendees with all applicable City ordinances.
1. 
Mapped routes and alterations of mapped routes. Routes for special events such as parades or run/walks must be submitted with the permit application. Proposed routes may be altered at the discretion of the City in the interests of the health, safety, and welfare of the community. Any deviation from the approved route without approval of the City will constitute a violation of the permit conditions and of these requirements.
2. 
The City's review of any permit application and/or its subsequent issuance of a permit shall not be construed as acceptance by the City or its representatives of any liability or responsibility for any injury or damage relating to the special event. Special event permits are temporary in nature and do not vest any permanent rights. Prior to any approval of a special event permit, the Police and Fire Departments, along with all other departments potentially affected by the proposed special event, shall review the application and report to the City Clerk their respective findings as to an estimate of the costs reasonably expected to be incurred by the City for providing extraordinary services at or for the special event. The application shall be required to provide enough detail to allow the City departments to determine the level of extraordinary services required and their associated costs for the special event. The estimates provided by City departments shall provide enough detail to allow the event organizer to reasonably understand the extraordinary services that are expected to be necessary.
C. 
Issuance. The City Clerk may issue a special event permit for an event with 299 event participants or fewer and if no waiver of fees for extraordinary services is being sought. For special event permits with 300 event participants or more or if a waiver of fees is sought, as soon as practical after the special event permit application is submitted, the City Clerk shall provide a recommendation to the Common Council as to whether a permit should be granted, modified or denied. The Common Council shall approve or deny special event permit applications, place conditions upon any permit, require that the permit fee be paid or waived, and require that the costs incurred by the City for providing extraordinary services be reimbursed or that such costs will be waived.
D. 
Amendment or revisions of applications. Any amendment or revision of any permit application shall, for purposes of determining the priority of the application, relate back to the original filing thereof unless the original filing is unreasonably incomplete or lacking sufficient information to allow for an adequate review of the proposed event.
E. 
Event cancellation. The City Clerk may cancel a special event, regardless of whether or not a permit has been issued, without prior notice for any significant change in conditions which would or may adversely affect the public health or safety of the community, or for any condition that would place facilities, grounds, or other nature resources at risk of damage or destruction if the event were permitted to take place.
A. 
Indemnification and hold harmless requirement. Organizers of special events shall be required to sign an agreement in a form acceptable to the City in which they agree to indemnify the City of Onalaska, and its departments, and hold the City and its departments, employees, and agents, harmless from any liability to any person resulting from any damage or injury to property or any person which occurs in connection with the permitted event proximately caused by any actions or inactions of the event's organizer, their officers, employees, or agents, or any person under their control insofar as permitted by law.
B. 
Insurance requirements.
1. 
All special event organizers shall procure, at their expense, a policy of insurance subject to the City's minimum requirements for special events as set forth in the City's special event application.
2. 
The insurance required by the City of Onalaska is primary coverage for incidents which may occur on City property or to City employees during the event, and any insurance or self-insurance maintained by the City of Onalaska, its officers, Council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing the event and remain in force throughout the entire event, including the cleanup period after the event.
3. 
The certificate of insurance shall be satisfactory proof of insurance of said policies and shall be filed at the office of the City Clerk for the City of Onalaska a minimum of five days prior to the scheduled event. The certificate of insurance shall include the City as additional insured, specifically stating "The City of Onalaska and its officers, Council members, agents, employees and authorized volunteers are named as additional insureds."
4. 
A copy of the certificate of insurance may be accepted by facsimile transmission or an email attachment, with the original to be received no later than three days prior to the event. The event shall not be allowed to proceed without submission of insurance documentation.
5. 
The City's act of receiving and retaining proof of insurance information without comment shall not be considered acceptance, waiver, or modification of any term or requirement herein, or any applicable law.
C. 
Extraordinary services base charges. The Common Council shall approve by resolution each year a list of standard fees and charges by department which will be used to determine the amount of charges attributed to extraordinary services provided to special events by the City. The resolution may provide for standard hourly charges or flat-fee charges for services provided, and may specify tasks that may or may not be subject to extraordinary service charges.
D. 
Extraordinary services costs and reimbursement. Special events organizers shall be liable for and shall pay to the City Treasurer the actual cost of all extraordinary services provided by the City. If the special event has more than one person or entity organizer, then each of the organizers are liable to the City for the total amount due, regardless of how the multiple organizers may separately agree to divide these expenses. If the City is a co-organizer of a special event, the cost of the extraordinary services the City is responsible for will be based upon the level of City involvement, and that amount shall be deducted from the total cost for the extraordinary services provided by the City. Prior to any approval of a special event permit, appropriate City departments shall review the application and report to the City Clerk their respective findings as to an estimate of the costs reasonably expected to be incurred by the City for providing extraordinary services at or for the special event. The costs for extraordinary services charged to event organizers shall not exceed the actual costs of providing these services. This fee shall be paid to the City within 30 days of the date an itemized invoice for the same is prepared and mailed by the City at the conclusion of the special event. The Common Council shall address the issue of extraordinary services costs before or at the time it takes action on a special event permit application. The Common Council requires extraordinary services reimbursement in the follow manners:
1. 
Require that event organizers pay all actual costs for extraordinary services provided by the City for the event, with the total costs incurred to be mailed via invoice to the organizer(s) within 30 days after the conclusion of the event.
2. 
Require that funds be placed in escrow, or other necessary security be provided, before the permit is issued. The amount of the cash deposit or other security shall be based upon the cost estimate of the extraordinary services which may be incurred. The special events permit shall not be issued until the event organizer(s) have complied with any requirements for security.
a. 
Security for the estimated costs of extraordinary services may be in the form of a cash deposit in an escrow account, bond, letter of credit, or similar instrument, with the type and form of the instrument to be at the discretion of the City.
b. 
If the actual costs for extraordinary services exceeds the security provided, then the difference shall be billed to and paid by the event organizer(s). If the actual costs for extraordinary services provided is less than the amount of funds deposited in advance of the event, then any unused amounts must be returned to the event organizer(s) within a reasonable time after the event concludes. Any other security instrument must be either used or released by the City within a reasonable time after the conclusion of the event.
A. 
In addition to other potential fines, penalties, and/or charges as described in the Onalaska Municipal Code, the violation of the terms of the special event permit shall be punishable by fine of not less than $500 and not more than $1,000. Each day of violation shall be considered a separate offense. In addition, the City may enforce this section by way of immediately revoking the permit, seeking injunctive relief, and all other remedies available at law and in equity.
B. 
The penalties set forth herein shall also apply to all persons, organizations, and entities that organize events which are required to obtain a special event permit but fail or refuse to do so. If any person violates any provision of this division, the City shall have the authority to institute the appropriate legal action or proceedings to ensure compliance and to thereby prohibit such person from violating these conditions.
C. 
The failure to obtain a special event permit before holding or conducting a special event, or the failure to abide by special event permit requirements, will constitute a violation of this division and may result in the termination of the event, denial of future permit applications, or issuance of a City ordinance citation.