[HISTORY: Adopted by the Village Board of
the Village of Waterford 4-23-2007 by Ord. No. 512; amended in its entirety 5-10-2021 by Ord. No. 683. Amendments noted where applicable.]
A.
SPECIAL EVENT AND ACTIVITIES
Definition. As used in this section, the following terms shall have
the meanings indicated:
Any planned extraordinary occurrence on the public right-of-way
or public premises, including but not limited to parklets, parades,
processions, bicycle or foot races, and festivals.
B.
Application. No person may hold a special event on the public right-of-way
or public premises without obtaining a special event permit. Application
forms and general information shall be available from the Village
Clerk's office. The applicant must contact the Police Department
and the Department of Public Works to review and approve an event
and to determine related costs prior to submitting a special event
application to the Village Clerk's office. The applicant shall
indicate whether it intends to sponsor special event vendors in connection
with the special event, either on private land or at reserved Village
locations. If the applicant intends to sponsor special event vendors,
the applicant shall indicate the proposed locations and types of the
special event vendors. If required by the state, a copy of the applicant's
current Wisconsin seller's permit shall be provided.
(1)
Mapped routes. All permit applications for special events featuring
foot or bicycle races, runs, rides or parades shall include a detailed
map of the proposed route for approval by the Police Department, Fire
Department and the Department of Public Works Divisions of Streets
and Parks. Routes for annual special events must be submitted with
the application regardless of the historical precedent. Proposed routes
may be altered at the discretion of the Police Department, Fire Department
and the Department of Public Works Divisions of Streets and Parks.
In the event the organizers or sponsors of any special event deviate
from the route submitted without the approval of the Village, the
organizers or sponsors of such special event shall be denied a permit
for any special event for the following calendar year.
(2)
Approval. After approval by the Police Department, Fire Department
and the DPW Divisions of Streets and Parks, applications for special
event permits shall be submitted to the Village Clerk, who shall forward
the application to the Village Administrator. Events requesting a
street closure shall be forwarded to Public Works and Utilities Committee
meeting for approval. Once all required approvals are obtained, the
Village Clerk shall ensure that all of the conditions of the permit
have been fulfilled. After the application has been approved by the
Police Department, the Fire Department, the Department of Public Works
(Streets and Parks Divisions) and, if applicable, the Public Works
and Utilities Committee, the applicant for a special event permit
shall pay a fee based on the per-man-hour rate for Village services
as determined in the application review and approval process. No special
event permit requiring a fee is valid until the fee has been paid.
The Public Works Department (Streets and Parks Divisions) may establish
fees for provision of additional Village services not set forth herein.
A deposit of the estimated fee shall be required, and after the final
costs are calculated, a refund of the unused portion shall be made,
or a bill for additional costs shall be presented. If the permittee
fails to pay the additional costs, no further permits shall be issued
to that permittee until and unless the costs are paid.
(3)
Parklets. Parklets shall be regulated through the special event and
activity permit process, and shall be reviewed by Police, Fire, Streets,
Parks and Administration officials for conflicts and conformance.
The permitting process shall be the same as for other events.
C.
Permit regulations.
(1)
Village not liable. The special event permit application shall contain
a statement that: "The applicant agrees to indemnify and save harmless
the Village from and against all liabilities, claims, demands, judgments,
losses, and all suits at law or in equity, costs and expenses, including
reasonable attorney fees, for injury or death of any person or loss
or damage to the property of any person, firm, organization or corporation,
including both parties hereto and their employees, arising from the
holding of such special event." No permit may be issued unless the
applicant has agreed to the terms of this statement on the written
application.
(2)
Special event vendors.
(a)
If a special event permit includes provisions for sponsored special event vendors, the permit holder shall provide the Village Clerk with a complete list of Vendors who are not exempt from the direct seller provisions of this Code under § 182-3K no later than 10 days prior to the event, and shall refer the vendors to the Village Clerk. The vendors sponsored by the special event permit holder are not required to obtain direct sellers permits from the Village, except:
[1]
Special event vendors who do not have a place of business in
the Village of Waterford and prepare food on site or sell food that
is not prepackaged. These vendors (except vendors selling raw produce
grown in Wisconsin) must obtain a direct sellers permit from the Village
Clerk in addition to written permission to participate from the special
event permit holder.
[2]
Special event vendors who are not legal residents of the State
of Wisconsin or who do not have a permanent place of business in the
State of Wisconsin. These vendors must obtain a direct sellers permit
from the Village Clerk in addition to written permission to participate
from the special event permit holder.
[3]
Malt beverage or wine sales. Any entity selling fermented malt beverages or wine in connection with the special event shall be required to obtain a temporary/picnic license therefor pursuant to Chapter 148 of this Municipal Code. Fees may be waived for such license at the discretion of the Village Clerk for the first three years of an event.
(b)
Placard required.
[1]
During a special event, no person or organization shall display,
sell, or offer to sell, on any street, sidewalk, alley or other public
grounds within the Village reserved by a special event permit holder,
any goods, wares, foodstuffs or anything of value or service of any
kind except pursuant to written permission granted by the special
event permit holder, which shall be displayed on a placard issued
by the special event permit holder.
[2]
This section shall not apply to any of the following:
[a]
A person or organization conducting sales on public lands immediately adjacent to a properly zoned business establishment operated by such person or organization. No sale of alcoholic beverages may be made on the exterior of any business unless such sales have been preapproved as part of the licensing procedure set forth in Chapter 148.
(c)
Sales by approved vendors at any Village-sponsored event.
[1]
Permission to operate under this section shall authorize the
holders to conduct business only at the times and in the locations
enumerated in the placard and subject to the regulations of this section.
Where the vending is to occur in connection with a Village-sponsored
area-wide event, direct sellers permits shall be required.
[2]
Recordkeeping. The special event permit holder sponsoring vendors
under this section shall, at a minimum, obtain and keep on file for
a minimum of one year the following information regarding the vendors
it sponsors:
[a]
Name, permanent address and telephone number.
[b]
Age, height, weight, color of hair and eyes.
[c]
Name, address and telephone number of the person,
partnership, association, corporation or other entity that the vendor
represents or is employed by or whose merchandise is being sold.
[d]
Nature of business and a brief description of the
goods offered and any services offered.
[e]
Make, model and license number of any vehicle used
by the vendor.
(3)
Insurance requirements.
(a)
Except as provided in Subsection C(3)(a)[2], each applicant
for an event requiring Village services shall furnish with the application
fee submitted to the Village Clerk a certificate of insurance showing
insurance written by a company licensed in the State of Wisconsin,
approved by the Village and covering any and all liability or obligations
which may result from the operations by the applicant's employees,
agents, contractors or subcontractors, and including workers'
compensation coverage in accordance with Wis. Stat. Ch. 102. The certificate
shall provide that the company will furnish the Village with a ten-day
written notice of cancellation, nonrenewal or material change. The
insurance shall be written in comprehensive form and shall protect
the applicant and Village against all claims arising from injuries
to members of the public or damage to property of others arising out
of any act or omission of the applicant, its employees, agents, contractors
or subcontractors.
(b)
The Village Administrator may determine that the insurance required
in Subsection C(3)(a)[1] is not necessary for the protection of the
Village for the special event, and may waive or amend the insurance
requirement.
(c)
The policy of insurance shall provide minimum combined single
limits for bodily injury and property damage of $1,000,000 or such
other insurance as deemed adequate by the Village Administrator.
D.
Permit restrictions. Scheduling of special events shall be subject
to approval by the Village.
E.
Violations and penalties. Any person who shall violate any provision
of this chapter shall be subject to a penalty as provided in Chapter
I, Article II, of this Municipal Code.
