[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997
by Ord. No. 97-1461 as Sec. 13.15 of the 1997 Code. Amendments
noted where applicable.]
It is the purpose of the Council to regulate the assemblage of large
numbers of people, in excess of those normally needing the health, sanitary,
fire, police, transportation and utility services regularly provided in the
city, in order that the health, safety and welfare of all persons in the city,
residents and visitors alike, may be protected.
A.
When required. No person shall permit, maintain, promote,
conduct, advertise, act as entrepreneur, undertake, organize, manage or sell
or give tickets to an actual or reasonably anticipated assembly of 1,000 or
more people which continues or can reasonably be expected to continue for
18 or more consecutive hours, whether on public or private property, unless
a license to hold the assembly has first been issued by the Council, application
for which must be made at least 30 days in advance of the assembly.
A license to hold an assembly issued to one person shall permit any person
to engage in any lawful activity in connection with the holding of the licensed
assembly.
B.
ASSEMBLY
PERSON
Definitions. As used in this section, the following terms
shall have the meanings indicated:
A company of persons gathered together at any location at any single
time for any purpose.
Any individual natural human being, partnership, corporation, firm,
company, association, society or group.
C.
Separate license required; fee. A separate license shall
be required for each day and each location in which 1,000 or more people assemble
or can reasonably be anticipated to assemble; the fee for each license shall
$100.
D.
Number permitted. A license shall permit the assembly
of only the maximum number of people stated in the license. The licensee shall
not sell tickets to nor permit to assemble at the licensed location more than
the maximum permissible number of people.
E.
Noise control. The license shall not permit the sound
of the assembly to carry unreasonably beyond the enclosed boundaries of the
location of the assembly.
F.
Exceptions.
(1)
This section shall not apply to any regularly established
permanent place of worship, stadium, athletic field, arena, auditorium, coliseum
or other similar permanently established place of assembly for assemblies
which do not exceed by more than 250 people the maximum seating capacity of
the structure where the assembly is held.
(2)
This section shall not apply to government sponsored
fairs held on regularly established fairgrounds nor to assemblies required
to be licensed by other ordinances and regulations of the city.
Before he or she may be issued a license, the applicant shall first:
A.
Determine the maximum number of people which will be
assembled or admitted to the location of the assembly, provided that the maximum
number shall not exceed the maximum number which can reasonably assemble at
the location of the assembly in consideration of the nature of the assembly
and provided that, where the assembly is to continue overnight, the maximum
number shall not be more than is allowed to sleep within the boundaries of
the location of the assembly by the zoning and health ordinances of the city.
B.
Provide proof that he or she will furnish at his or her
own expense before the assembly commences:
(1)
A fence completely enclosing the proposed location, of
sufficient height and strength to prevent people in excess of the maximum
permissible number from gaining access to the assembly grounds, which shall
have at least four gates, at least one at or near four opposite points of
the compass.
(2)
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 per day
and water for bathing at the rate of at least 10 gallons per person per day.
(3)
Separate enclosed toilets for males and females, 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 200 females and at least one
toilet for every 300 males, together with an efficient, sanitary means of
disposing of waste matter deposited, which is in compliance with all state
and local laws and regulations; a lavatory with running water under pressure
and a continuous supply of soap and paper towels shall be provided with each
toilet.
(4)
A sanitary method of disposing of solid waste, in compliance
with state and local laws and regulations, sufficient to dispose of the solid
waste production of the maximum number of people to be assembled at the rate
of at least 2.5 pounds of solid waste per person per day, together with a
plan for holding and a plan for collecting all such waste at least once each
day of the assembly and sufficient trash cans with tight-fitting lids and
personnel to perform the task.
(5)
Physicians and nurses licensed to practice in Wisconsin
sufficient to provide the average medical care enjoyed by residents of Wisconsin
for the maximum number of people to be assembled at the rate of at least one
physician for every 1,000 people and at least one nurse for every 1,500 people,
together with an enclosed covered structure where treatment may be rendered,
containing separately enclosed treatment rooms for each physician, and at
least one emergency ambulance available for use at all times.
(6)
If the assembly is to continue during hours of darkness,
illumination sufficient to light the entire area of the assembly at the rate
of at least five footcandles, but not to shine unreasonably beyond the boundaries
of the enclosed location of the assembly.
(7)
A fee parking area inside of the assembly grounds sufficient
to provide parking space for the maximum number of people to be assembled
at the rate of at least one parking space for every four persons.
(8)
Telephones connected to outside lines sufficient to provide
service for the maximum number of people to be assembled at the rate of at
least one separate line and receiver for each 1,000 persons.
(9)
If the assembly is to continue overnight, camping facilities
in compliance with all state and local requirements as set forth in the Wisconsin
Administrative Code and ordinances of the city, sufficient to provide camping
accommodations for the maximum number of people to be assembled.
(10)
Security guards, either regularly employed, duly sworn,
off-duty Wisconsin peace officers or private guards, licensed in Wisconsin,
sufficient to provide adequate security for the maximum number of people to
be assembled at the rate of at least one security guard for every 750 people.
(11)
Fire protection, including alarms, extinguishing devices
and fire lanes and escapes, sufficient to meet all state and local standards
for the location of the assembly as set forth in the Wisconsin Administrative
Code and ordinances of the city, and sufficient emergency personnel to efficiently
operate the required equipment.
(12)
All reasonably necessary precautions to ensure that the
sound of the assembly will not carry unreasonably beyond the enclosed boundaries
of the location of the assembly.
(13)
A bond, filed with the City Clerk, either in cash or
underwritten by a surety company licensed to do business in Wisconsin, at
the rate of $1 per person for the maximum number of people permitted to assemble,
which shall indemnify and hold harmless the city or any of its agents, officers,
servants and employees from any liability or causes of action which might
arise by reason of granting this license and from any cost incurred in cleaning
up any waste material produced or left by the assembly.
A.
Application for a license to hold an actual or anticipated
assembly of 1,000 or more persons shall be made, in writing, to the Council
of the city at least 30 days in advance of such assembly.
B.
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 in the case of an individual,
natural human being, by all officers in the case of a corporation, by all
partners in the case of a partnership or by all officers of an unincorporated
association, society or group or, if there be no officers, by all members
of such association, society or group.
C.
The application shall contain and disclose:
(1)
The name, age, 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, age, residence
and mailing address of each person holding 10% or more of the stock of said
corporation.
(2)
The address and legal description of all property upon
which the assembly is to be held, together with the name, residence and mailing
address of the record owner(s) of all such property.
(3)
Proof of ownership of all property upon which the assembly
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 an assembly of 1,000 or more persons.
(4)
The nature or purpose of the assembly.
(5)
The total number of days and/or hours during which the
assembly is to last.
(6)
The maximum number of persons which the applicant shall
permit to assemble at any time, not to exceed the maximum number which can
reasonably assemble at the location of the assembly, in consideration of the
nature of the assembly, or the maximum number of persons allowed to sleep
within the boundaries of the location of the assembly by the zoning ordinances
of the city if the assembly is to continue overnight.
(7)
The maximum number of tickets to be sold, if any.
(8)
The plans of the applicant to limit the maximum number
of people permitted to assemble.
(9)
The plans for fencing the location of the assembly and
the gates contained in such fence.
(10)
The plans for supplying potable water, including the
source, amount available and location of outlets.
(11)
The plans for providing toilet and lavatory facilities,
including the source, number and location, type and the means of disposing
of waste deposited.
(12)
The plans for holding, collection and disposing of solid
waste material.
(13)
The plans to provide for medical facilities, including
the location and construction of a medical structure, the names and addresses
and hours of availability of physicians and nurses, and provisions for emergency
ambulance service.
(14)
The plans, if any, to illuminate the location of the
assembly, 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.
(16)
The plans for telephone service, including the source,
number and location of telephones.
(17)
The plans for camping facilities, if any, including facilities
available and their location.
(18)
The plans for security, including the number of guards,
their deployment and their names, addresses, credentials and hours of availability.
(19)
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.
(20)
The plans for sound control and sound amplification,
if any, including number, location and power of amplifiers and speakers.
(21)
The plans for food concessions and concessioners who
will be allowed to operate on the grounds, including the names and addresses
of all concessioners and their license or permit numbers.
The application for a license shall be processed within 20 days of receipt
and shall be issued if all conditions are complied with.
The license may be revoked by the Council at any time if any of the
conditions necessary for the issuing of or contained in the license are not
complied with, or if any condition previously met ceases to be complied with.
A.
The provisions of this chapter may be enforced by injunction
in any court of competent jurisdiction.
B.
The holding of an assembly in violation of any provision
or condition contained in this chapter shall be deemed a public nuisance and
may be abated as such.
C.
Any person who violates any provision of this chapter
or who violates any condition upon which he or she is granted a license shall
be subject to a forfeiture of not less than $1,000 nor more than $10,000.
Each day of violation shall be considered a separate offense.
