[HISTORY: Adopted by the Town Board of the
Town of St. Joseph 8-11-2022 by Ord. No. 2022-02.[1] Amendments noted where applicable.]
It is the purpose of this chapter to preserve, protect, and
maintain public peace and good order within the Town of St. Joseph
and to preserve and protect the health, safety, and welfare of residents
and visitors to the Town by regulation and thereby minimizing or preventing
the potential adverse impacts of assemblies. It is not the purpose
of this chapter to regulate family gatherings, church socials and
receptions.
As used in this chapter, the following terms shall have the
meanings indicated:
Any sound or noise which is increased in volume or intensity
by means of electrical power, including but not limited to speakers,
amplifiers, megaphones, or other sound technology.
A temporary gathering of people for entertainment or amusement
purposes/activities organized, produced, or sponsored by a person,
which: (1) is not ordinarily conducted on a daily or regular use basis
as a lawful use of the premises upon which the assembly is to occur;
(2) the assembly cannot be held completely within the confines of
an existing building on such premises or the number of persons attending
the assembly at any one time is reasonably anticipated to exceed the
maximum occupancy of the building in which the assembly will occur
on the property; or (3) the number of persons attending the assembly
is greater than 250 persons and less than 3,500 persons. Such assemblies
include, but are not limited to, festivals, carnivals, athletic or
contest tournaments, circuses, concerts, picnics and fairs.
Any individual natural human being, partnership, corporation,
firm, company, business, association, organization, or group.
The Town of St. Joseph.
The Town Board of Supervisors of the Town of St. Joseph.
A.
Maximum attendance.
(1)
In recognition of the limited resources of the Town of St. Joseph
to provide for the health, safety, and welfare of assemblies of large
numbers of people and for all persons in the Town of St. Joseph, residents
and visitors alike, the maximum number of persons permitted to assemble
at any one location or event shall be determined by the capacity of
the location venue and the event operating plan, but shall not exceed
more than 3,500 individuals.
(2)
An assembly license shall specify the maximum number of people to
attend the assembly. The Town Board, in consultation with the applicant,
the Town Fire Chief, St. Croix County Sheriff, and Wisconsin State
Highway Patrol, shall determine the maximum number of people the Town
can safely handle in terms of pedestrian and vehicular traffic for
the particular assembly site and the Town's ability to provide
the necessary public services to event participants while at the same
time providing normal public services for Town residents.
(3)
The license holder shall not sell tickets to, nor allow the attendance
of, more people at the assembly at any time than is allowed in the
license. If tickets are sold or advertising done before a license
is granted under this section or before all conditions of a license
have been satisfied, such tickets shall include a statement that "the
occurrence of the (assembly) remains subject to the approval of the
Town of St. Joseph."
B.
Duration and hours of operation. The duration of any assembly shall
not exceed five consecutive days. The hours of such assembly shall
be limited so as to practically allow time for entry and exodus from
the event and area during daylight hours. No assembly shall start
before 8:00 a.m. or shall continue beyond 10:00 p.m.
C.
Licensee's responsibility and financial security for costs incurred
by the Town related to the assembly.
(1)
An assembly licensee and the owner of property on which the licensed
assembly occurs shall be responsible for reimbursing the Town for
any additional costs the Town incurs relating to the assembly.
(2)
The licensee shall pay an application fee to apply for an assembly
permit.
(3)
The licensee shall provide financial security, either a cash deposit
or letter of credit in form approved by the Town Attorney, to reimburse
the Town for unusual and/or extraordinary costs the Town may incur
relating to the assembly. Such costs include, but shall not be limited
to, law enforcement, emergency medical, fire protection, solid waste
collection, sanitary services, Town road repair/cleanup, or other
services. The amount of the letter of credit or cash deposit shall
be determined by the Town Board, based upon consideration of reasonable
estimate of such costs that are likely to be incurred. The licensee
shall pay the Town for such costs within 10 days of the date of the
Town's itemized invoice to the licensee for such costs. Failure
to pay within 10 days shall entitle the Town to draw on the letter
of credit or the cash deposit to pay the same. If the licensee or
property owner fails to pay all the Town's costs, any costs beyond
the cash deposit or letter of credit shall be a debt to the Town by
the licensee and the owner of the property on which the assembly occurred.
Such debt plus costs of collection and actual attorney fees shall
be collectible by the Town in an action at law. Alternatively, any
such debt shall constitute a special charge under § 66.0627,
Wis. Stats., which shall become a lien against the property on which
the assembly occurred to be placed upon the tax roll for such premises.
D.
Liability insurance. No later than 30 days before the assembly, the applicant shall provide a certificate of insurance written by a company licensed in the State of Wisconsin, approved by the Town Attorney and covering any and all liability, obligations, or claims which may result from the operations by the applicant's employees, agents, contractors or subcontractors and including workers compensation coverage in accordance with Wisconsin Statutes Chapter 101. The certificate shall provide that the company will furnish the Town with a ten-day prior written notice of cancellation, nonrenewal or material change. The insurance shall be written in comprehensive form and shall protect the applicant and the Town against all claims arising from injuries to participants, members of the public, or damage to property of others arising out of any act or omission of the applicant, its employees, agents, contractors, and subcontractors. The policy of insurance shall provide a minimum for bodily injury and property damage of at least $1,000,000 per 1,000 persons per occurrence/aggregate or fraction thereof, plus an umbrella insurance policy of $1,000,000 per 1,000 persons or fraction thereof, both of which shall name the Town, its officers, agents, and employees as additional insureds under the policy on a primary and noncontributory basis.
E.
Indemnity. The assembly license application shall contain a statement
that: "The applicant agrees to indemnify and hold the Town, its agents,
officers, servants, and employees harmless from and against any and
all liabilities, damages, claims, 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, business entity,
or corporation, arising in any way as a consequence of the granting
of a license for an assembly." No license may be issued unless the
applicant has agreed to the terms of this statement on the written
application.
F.
Adjustments/exceptions/additional requirements. The Town may adjust
or grant an exception from one or more requirements of this article
if the applicant presents facts demonstrating that, due to the time,
place, and manner of the proposed assembly, the requirement(s) either
does not apply, is not necessary to protect the public health, safety,
and welfare, or that an adjustment is necessary to protect the public
health, safety, and welfare. The Town Board may require that the applicant
comply with other requirements than those specified in this chapter
if, due to unique circumstances of the proposed assembly, the Town
Board determines that such requirements are necessary to protect the
health, safety, and welfare of those assembled and of all persons
in the Town of St. Joseph, visitors, and residents alike. Any such
adjustment, exception, or additional requirement must not be related
to the content of the assembly, but must be designed to address the
public health, safety, and welfare considerations identified in this
chapter.
A.
Any person intending to hold, produce, or sponsor an assembly or
event of 250 or more persons but less than 3,500 persons, whether
on public or private property, shall obtain an assembly license approved
by the Town Board pursuant to the terms and conditions of this chapter
before holding of such assembly.
(1)
A person intending to hold an assembly which does not require a license
under this chapter shall provide proof that an assembly is not of
a size requiring a license under this chapter. Proof required of the
size of an unlicensed assembly shall be the estimated or anticipated
maximum attendance.
(2)
A licensed promoter shall provide proof of the actual number of people
attending a licensed assembly.
B.
Exemptions. This chapter shall not apply to:
(1)
Any regularly established place of worship, stadium, athletic field,
arena, auditorium, coliseum, or other permanently established place
of assemblies of people for which it is reasonably anticipated that
the number of persons attending will not exceed the maximum seating
capacity of the structure where the assembly is held as provided in
the Life Safety Code NFPA 101, and where the assembly is not anticipated
to generate substantially more than the average traffic or patronage
as a result of its regular and average use.
(2)
Assemblies occurring on Town property and governed by contract with
the Town.
(3)
An assembly license or event plans are not required for the conduct
of public general or special elections or primaries in the Town.
C.
Separate license for each venue. A separate license shall be required
for each location if the location venue changes; otherwise, only a
single license shall be required.
D.
License fees and administrative review deposit. The application fee
and administrative review deposit for an assembly license shall be
set by Town Board resolution and shall be nonrefundable. The Town
shall keep records of costs incurred in reviewing the application.
Any amount of the review deposit not spent shall be returned to the
applicant.
A.
Filing deadline. Application and event plan for a license to hold
an actual or anticipated assembly of more than 250 persons but less
than 3,500 persons shall be made in writing to the Town Clerk/Treasurer
of the Town of St. Joseph at least 60 days in advance of such assembly.
The Town strongly encourages applicants to file applications more
than 60 days in advance so that the Town has sufficient time to plan
for any additional law enforcement, fire, or other public services
support that may be required for the assembly.
B.
An event plan shall be submitted for individual assembly or event.
Event plans can also be submitted on an annual basis when more than
one assembly or event is planned for the same location so long as
each assembly or event has a full and separate event plan presented
for it. Annual event plans shall be submitted for Town approval each
year.
C.
Notice to Town residents of the proposed assembly. The Town Clerk/Treasurer,
at the applicant's expense, shall, by mail, inform residents
of the Town of St. Joseph of the proposed assembly or event, of the
date and time of the proposed assembly or event, and of the date and
time of the Town Board meeting at which the application for a license
will be heard. The applicant shall provide stamped envelopes with
the addresses of all landowners within 1/2 mile of the proposed assembly
location to be mailed by the Town Clerk/Treasurer. If the applicant
does not provide, applicant must agree to pay for staff time and postage
costs.
D.
Application under oath. 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 the application
in the case of an individual natural human being, by the primary officer
or manager in the case of a corporation or other business entity,
by a general partner in the case of an partnership, or by the primary
officer of an unincorporated association, society, or group or, if
there are no officers, by all members of such association, society,
or group.
E.
Contents of application. The application shall contain and disclose:
(1)
The name, address, and home and business telephone numbers of the
authorized representative(s) of the applicant who shall be responsible
for the conduct of the assembly and who shall be on-site and available
to the Town during the assembly for all communications and necessary
contacts.
(2)
The name, residence and mailing address of all persons required to
sign the application and, in the case of a corporation, a certified
copy of the articles of incorporation together with the name, residence
and mailing address of the primary officers of the corporation.
(3)
The address and legal description of all property upon which the
assembly is to be held, together with the name, residence and mailing
address, and telephone number of the record owner(s) of all such property.
(4)
Proof of ownership of all property upon which the assembly is to
be held. If the assembly or a portion of the assembly is held on a
site or property which the applicant does not own, the property owner
shall sign the application and if the license is granted, the assembly
sponsor and the property owner shall be named as licensees on the
license and shall be responsible for conducting the assembly in compliance
with all applicable laws, county and Town ordinances, and any conditions
of the license.
(5)
A description of the proposed assembly. This description must include
hours of operation and estimated or anticipated maximum attendance.
(6)
Prior assemblies held by applicant. A statement regarding the applicant's
past experience in maintaining, promoting, conducting, organizing,
managing, and/or financing assemblies of more than 250 persons but
less than 3,500 persons and, in addition, a statement of all assemblies
maintained, conducted, promoted, organized, managed, or financed by
the applicant in the preceding five years, including:
(7)
Written operations plans and proof of compliance with all items and conditions for issuing the license as specified and required by § 68-6 below. Such proof shall be confirmed by the Town Board.
(8)
The application shall include the cash deposit or letter of credit,
insurance policies, and license fee required by this chapter.
(9)
Fees. Fees for the assembly shall be set by resolution by the Town
Board.
A.
The applicant must submit an event plan showing that the applicant
will furnish, at the applicant's expense, before, during, and
after the assembly, all of the following:
(1)
Fencing. A fence completely enclosing the proposed location of sufficient
strength and height to prevent people in excess of the maximum number
permissible from gaining access to the assembly grounds.
(2)
Potable water. Potable water, meeting all federal and state requirements
for purity, sufficient to provide drinking water for the maximum number
of people to be assembled, at the rate of at least one gallon per
person. There shall be one fountain per 1,000 people conveniently
located throughout the grounds of the assembly.
(3)
Sanitary facilities. Separate enclosed toilets meeting all state
and local specifications, conveniently located throughout the grounds,
sufficient to provide facilities for the maximum number of people
to be assembled at the rate of at least one toilet for every 250 persons,
together with an efficient, sanitary means of disposing of waste matter
deposited which complies with all state and local laws and regulations.
Hand sanitizers or a sink with running water under pressure and a
continuous supply of soap and paper towels or air dryers shall be
provided with each toilet.
(4)
Solid waste disposal. A sanitary method of disposing of solid waste,
in compliance with state and local laws and regulations, sufficient
to dispose of the solid waste, together with a plan for holding and
a plan for collecting all such waste. Sufficient trash cans with tight-fitting
lids and personnel to perform the task of collection shall be provided.
Waste must be collected along designated traffic routes within one
mile of the assembly and on the grounds of the assembly and parking
lot at least once during the day of the event and at the completion
of the assembly. Containers for collecting recyclable materials shall
also be provided.
(5)
Medical services. Applicant to supply adequate medical coverage plan
for size of assembly and be subject to Town Board, Fire Chief, and
EMS review and approval.
(6)
Traffic control plan. A traffic control and circulation plan with
provisions for, but not limited to, signing roads, parking of vehicles,
prohibiting parking along roadways, emergency vehicle traffic, impoundment
lots, towing vehicles, and prohibition of pedestrian traffic. Such
traffic plan shall be approved by the Town Board and county traffic
officials.
(7)
Parking. A parking area plan, sufficient to provide parking for the
maximum number of people to be assembled at the rate of one parking
space for every four persons. Parking along one side of Town public
roads is permitted temporarily but not overnight. Parking will be
permitted two hours previous and two hours after conclusion of the
event. Roads to be posted with temporary signage by event holder.
(8)
Telephones/communications. A communication plan utilizing cellular
telephones or other communication devices necessary to report or manage
incidents and notify the appropriate parties to the incident (i.e.,
fire, EMS, ambulance).
(9)
Law enforcement security.
(a)
Plans for external and internal security shall provide for security
guards, either regularly employed duly sworn, off-duty Wisconsin peace
officers or private guards, licensed and bonded in Wisconsin, sufficient
to provide adequate security for the maximum number of people to be
assembled.
(b)
Plans for internal and external security must state the number
of and deployment of security personnel. Adequate internal security
for the maximum number of people to be assembled at the rate of at
least four per 1,000 persons and an additional two per each additional
500 persons to be assembled.
(c)
The plan shall be approved by the Town Board and the County
Sheriff. Perimeters of the assembly shall be patrolled by required
security personnel to prevent people in excess of the maximum number
permissible from gaining access to assembly grounds and to ensure
that adjoining private property is not harmed.
(10)
Fire protection. Fire protection, including number, type and location
of alarms, extinguishing devices, fire lanes and escapes, sufficient
to meet all state, county and local standards for the location of
the assembly as set forth in the Wisconsin Administrative Code and
ordinances of this municipality and sufficient trained and accredited
fire personnel to efficiently operate the required equipment. In the
event of dry conditions or a Department of Natural Resources fire
warning banning any outside burning, the Town of St. Joseph Fire Chief
may prohibit the assembly or require more stringent fire protection
than required by this chapter.
(11)
Sound control. Plans for sound control and amplified sound, if any,
including number, location, and power of amplifiers and speakers,
shall be provided by the applicant. When live music or motorized sport
of any kind will be conducted, played, or broadcast out of doors on
the premises during the event, the event plan shall state the hours
during which such activity will occur, whether there will be amplified
sound and shall verify that no event-related sound will be reasonably
audible before 10:00 a.m. or after 10:00 p.m. on the day of the event.
(12)
Concessions/food. Plans for food concessions and such other concessions
as may be allowed to operate on the grounds, including the names,
residence and business addresses, and telephone numbers of all concessionaires
and their license and/or permit numbers. Food and beverage booths
and trucks shall comply with food handling health regulations as determined
by federal, state, and local laws and regulations.
(13)
Proof of compliance with all applicable laws. The applicant shall
submit evidence showing compliance with any, and all, local, county,
state and federal laws and regulations regulating the gathering of
large numbers of people, including, but not limited to, compliance
with fermented malt beverage and intoxicating liquor license requirements.
(14)
Central information and emergency contact center. At the assembly
location, the applicant shall provide a centralized office or information
booth with a telephone to provide information regarding tickets, water,
food, telephone locations, etc., and to serve as an emergency contact
center.
A.
Application processing time. The application for a license shall
be processed as quickly as possible, but within no more than 60 days
after receipt by the Town Clerk/Treasurer unless otherwise agreed
to by the applicant and the Town Board or the Town Board's designee.
The license shall not be issued until the Town Board has approved
the license and the applicant has filed written proof of compliance
with the requirements for issuance of the license.
B.
After approval, the Town shall distribute the event plan to the area
fire department, first responder's department, St. Croix County
Sheriff's department and dispatch.
The license shall contain the name of the property owner and
the licensee, their home and business addresses and home and business
telephone numbers, the date, time, and location of the assembly, the
maximum number of people allowed to assemble, and all other conditions
required by the Town Board of the Town of St. Joseph with which the
licensee must comply.
The Town Board may deny or revoke a license if the application
fails to meet the requirements of this chapter or if any of the requirements
or conditions necessary for issuing the license or contained in the
license are not complied with or if any condition previously met shall
cease to be complied with. If the Town Board denies or revokes a license
it shall provide to the applicant the Town Board's reasons for
such denial or revocation. Within five days of receipt of such denial
or revocation, the applicant may request a hearing on such denial/revocation
before the Town Board. If, after the hearing, the Town Board affirms
its denial or revocation, the applicant may seek review of the Town's
decision in Circuit Court.
A.
This chapter may be enforced by an injunction by any court of competent
jurisdiction, and any holding of an event in violation of this chapter
shall be deemed a public nuisance and may be abated as such.
B.
Penalty. Any person, firm or corporation who or which violates any
of the provisions of this chapter shall, upon conviction thereof,
be required to pay forfeiture of not less than $1,000 nor more than
$5,000 and the costs of prosecution. Each violation of any condition
of this chapter shall constitute a separate offense.
If any section, clause, provision or portion of this chapter
is adjudged unconstitutional or invalid, the remainder of the chapter
shall not be affected thereby.
