[HISTORY: Adopted by the Village Board of
the Village of Shorewood 12-5-2022 by Ord. No. 3049.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 462,
Street Festivals, adopted as Ch. 10, Art. 3 of the 1986 Code, as amended.
It is recognized that the primary purpose of a public street, alley or sidewalk is to permit pedestrian and vehicular travel and to provide access to abutting properties. It is also recognized that a primary purpose of a public premises is to collectively serve the general public. It is further recognized that the commercial use of public streets, alleys, public ways, and/or public premises for the sale or vending of merchandise or other material, or the exclusive private use of any public street, alley, sidewalk or public premises, is a privilege rather than a right which may be prohibited or closely regulated to encourage the safe, convenient, and uninterrupted use of the public streets and/or public premises for travel or other public means. It is, therefore, declared to be the purpose of this chapter to regulate commercial activity on, or exclusive private use of, streets, alleys, sidewalks, and public premises as otherwise specifically provided for by this chapter. This chapter does not regulate any construction, obstruction, excavation on, or projections over a public thoroughfare that are not associated with a "special event" as defined herein that require a permit or special privilege under Chapter 466 of this Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, business, group, organization, or entity of any
kind that is applying for a special event or residential block party
permit.
Any premises owned or controlled by the Village, or any board
or agency thereof, and dedicated for use by the public generally,
and includes premises appurtenant to public buildings, but excluding
Atwater Park, including Atwater Beach as part of the park, Hubbard
Park, River Park, Triangle Park, the Village Nature Preserve, and
Humble Park.
Any public thoroughfare dedicated, condemned, acquired, or
created in accordance with the statutes for street, alley, sidewalk,
or other pedestrian purposes.
An event on a public way that does not involve any commercial sales or vendors, intended as a social gathering for adjoining property owners and/or neighbors as opposed to the general public, in the Village's residential neighborhoods. It excludes any events that may occur on the streets listed in § 462-6H herein.
Any planned, temporary entertainment and/or amusement activity, open to the general public and organized, produced or sponsored by the applicant occurring on any public way or public premises, including, but not limited to, bicycle or foot races, picnics and fairs, street festivals, including open markets and farmers' markets on any public way or public premises, sporting events and business district block parties, but excluding "parades" as defined and regulated by Chapter 397 of the Shorewood Municipal Code. An entertainment and/or amusement activity includes activities that 1) are not ordinarily conducted on a daily or normal use basis as a lawful use of the public premises or way upon which such event is to occur; 2) cannot be held completely within the confines of an existing building either on or adjacent to the public premises or way upon which such event is to occur; and 3) are anticipated to attract a number of persons that will at any time exceed the maximum occupancy of the existing building(s) either on or adjacent to the public premises or way upon which such event is to occur, or will substantially exceed the regular normal average patronage and traffic of such buildings.
Any person who sells goods, including food products and beverages,
or takes sales orders for the later delivery of goods on any public
way or other public premises at a special event.
A.
No applicant shall engage in, participate in, aid, form or start
any special event upon any public premises or public way unless a
special event permit is approved by the Village Board of the Village
of Shorewood.
B.
The requirements of this chapter, including the described permit,
shall be in addition to any ordinance, permit or license requirement
of the Village Code or state law.
C.
The 4th of July Celebration is exempt from this requirement.
A.
Special event permit applications, along with the applicable fee,
shall be submitted to the Village Clerk and Customer Service Department
prior to the proposed event date, on a form furnished by the Village.
Application forms and additional details shall be available from the
Clerk and Customer Service Department, 3930 N. Murray Ave, or on the
Village website. Incomplete packets will not be accepted. In addition:
(1)
Special event sales. All permit applications for special events as defined in § 462-2 shall include the estimated number and type of vendors, as well as a list of all known vendors current to the time of application to be updated and finalized prior to the event, and their appropriate contact information, that have obtained permission from the special event applicant to sell goods or take orders for the later delivery of goods within the designated area of the special event.
(2)
Indemnification. The special event permit application shall contain
the following statement: "The applicant agrees to defend, indemnify
and hold harmless the Village from and against all liabilities, claims,
demands, judgments, and 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 agents and 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.
(3)
Insurance. Each applicant shall furnish 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. The certificate shall provide
that the company will furnish the Village with a ten-day written notice
of cancellation, nonrenewal or material change. The policy insurance
shall provide minimum combined single limits for bodily injury and
property damage of $1,000,000 or such other insurance as deemed to
be adequate by the Village Attorney.
(4)
Cleanup. The applicant shall agree to restore the designated area
upon which the special event took place to as near the present condition
as possible as determined by the Village, including but not limited
to the removal of all rubbish and debris. In the event that cleanup
and restoration are not done to the satisfaction of the Village and
after notice seeking compliance, the Village may proceed to do so.
Any costs incurred by the Village to clean and restore the designated
area will be paid by the applicant.
(5)
Additional vendors. If additional vendors will be involved in the
special event, the applicant shall mark the appropriate box on the
application. All available permits, i.e., extension of premises-temporary,
temporary Class "B"/Class B" retailer's license and application
for short-term cabaret license, etc., and applicable fees should be
submitted simultaneously/concurrently.
B.
Late application. An application is considered late if it is filed
less than 60 days from the date of an existing recurring event, or
less than 90 days from the date of a new event. The Village Clerk
shall have the authority to consider a late application where good
cause is demonstrated.
C.
Review, approval, and issuance. Special event permit applications
will be reviewed by representatives from the Clerk and Customer Service
Department, Village Manager's Office, Police Department, Planning
and Development, Public Works Department, North Shore Health Department
and North Shore Fire Department. All special event permit applications
shall then be evaluated for approval or denial by the Village Board.
An application will not be referred to the Village Board for consideration
if the applicant has any delinquent fees or charges due to the Village,
including but not limited to property or personal taxes, utility charges,
inspection or reinspection fees, licensing fees, or other municipal
related fees or charges. Applications for new special events shall
be referred to the Judiciary, Personnel and Licensing Committee for
recommendation. If the Judiciary, Personnel and Licensing Committee
is unable to provide recommendation within 30 days, the new application
shall be referred to the Village Board for consideration. If required,
the Village Clerk will schedule the applicant to meet with any or
all of these groups. Once all approvals are met, the Village Clerk
shall ensure conditions of the permit have been fulfilled and issue
said permit. The special event permit must be available, on site,
the date(s) of the special event.
D.
A special event permit may also have additional restrictions and
limitations placed upon it as deemed appropriate by the Village.
E.
Fee. The special event permit base application fee, extension of
premises-temporary, temporary Class "B"/"Class B" retailer's
license and application for short-term cabaret license are outlined
in the Village Fee Schedule and due at time of application. In addition
to these applicable fees, additional fees may be charged on a per-hour
basis for Village services. The Village will use best efforts to communicate
estimates of any additional fees at the time of consideration. The
applicant is required to pay all fees based upon additional Village
services. Payment is due within 60 days after the event.
A.
Inspection. The Village Health Officer, the Police Chief, the Planning
and Development Department, the North Shore Fire Department or their
designated agents, after proper identification, shall be permitted
to inspect and investigate any vendor and the vendor's wares
and records regarding sales, in the designated special event area,
for the purpose of determining compliance with the provisions of this
chapter and other applicable Village and state regulations.
B.
Suspension. Whenever the Village Health Officer, the Village Police
Chief, the North Shore Fire Chief, and the Planning and Development
Department or their designees find unsanitary or other conditions
in the operation of a vendor's business which are determined
to constitute a substantial hazard to the public, they may, without
warning, notice or hearing, issue an order to the permittee, operator
or employee in charge of said business citing such conditions and
specifying the corrective action to be taken and the time period to
be allowed for completion of the corrective action. If conditions
warrant, such order may also include immediate suspension of the permit,
and all further vending shall cease immediately. Failure to allow
inspection is grounds for suspension.
C.
Revocation. For serious or repeated violators of any of the requirements
of this chapter or other applicable Village and state regulations,
or for interference with Village officers or inspectors in the performance
of their duties, the permit granted hereunder may be permanently revoked
in writing by the Village Manager, Chief of Police, or their designee.
The permit holder shall be given notice, in writing, with the notice
stating that the permit shall be revoked on a date certain five days
after the notice is given, unless the permit holder requests a hearing
prior to the date certain.
A.
Petition requesting residential block party. A resident abutting
the public way that is sought to be closed for a residential block
party shall be designated as the "block party chairperson," and act
as the line of communication with the Village. The block party chairperson
shall circulate a petition among the residents on the block abutting
the public way that is sought to be closed, requesting that the Village
close a residential street for the block party. The signatures on
the petition should verify that the residents have no objection to
the public way being closed for the block party. This petition should
be delivered or mailed to the Village Clerk's Office at least
three weeks before the planned block party. If approved, the Village
Clerk's Office will send a notice of acceptance of the petition
to the block party chairperson. A residential block party may have
restrictions and limitations placed upon it as deemed appropriate
by the Village. The requirements of this chapter, including the described
petition process, shall be in addition to any ordinance, permit or
license requirement of the Village Code or state law.
B.
Hours. A residential block party shall only be held between the hours
of 9:00 a.m. and 8:30 p.m., or 9:00 a.m. to 8:00 p.m. during daylight
savings time, if no lighted barricades are used. If lighted barricades
are used, a residential block party shall not extend past 10:00 p.m.
Lighted barricades are available at the discretion and availability
of the Village.
C.
Street closure procedure. Street closure must be from intersection
to intersection, or in the case of culs-de-sac, from the cul-de-sac
to its intersection with the adjoining street. No partial block closure
will be permitted.
D.
Vehicle use during block party. Vehicular traffic on the closed public
way is prohibited except in the case of an emergency. Residents should
plan ahead and remove any cars from the street before the barricades
are placed, and not return any cars until after the barricades are
removed.
E.
Barricade installation, monitoring, and removal. Barricades will
be delivered by the Village. Once delivered, it is the responsibility
of the block party chairperson to install and maintain the barricades
in a proper position during all times the public way is closed for
the residential block party. After the block party is finished, the
barricades should be promptly removed by the block party chairperson
to be picked up by the Department of Public Works.
F.
Use of alcohol. Any service of alcoholic beverages must be in compliance
with state law and local ordinances.
G.
Consideration of neighbors. The chairperson shall ensure that noise
be kept at an appropriate level that does not disturb neighboring
properties. The chairperson shall also ensure that the street be cleaned
of any debris or litter following the conclusion of the residential
block party.
H.
Streets where residential block parties are prohibited. Residential
block parties shall not be held on the following streets:
(1)
E. Capitol Drive;
(2)
N. Oakland Avenue;
(3)
N. Wilson Drive;
(4)
N. Lake Drive;
(5)
E. Edgewood Avenue;
(6)
N. Murray Avenue, between E. Capitol Drive and E. Shorewood Boulevard;
(7)
N. Downer Avenue, south of E. Capitol Drive;
(8)
N. Morris Boulevard, south of E. Capitol Drive;
(9)
E. Menlo Boulevard, west of N. Oakland Avenue.
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in § 115-1 of the Village Code.
