Resize:

City of Burlington, WI
Wednesday, April 3, 2019

Chapter 100. Amusements and Special Events

§ 100-5. Special events.

[Added 1-8-1994 by Ord. No. 1460(29)]
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
SPECIAL EVENT
Any planned extraordinary occurrence on the public right-of-way or public premises, including but not limited to 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 City 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 City Clerk's office for Council approval as described in Subsection B(2). If required by the state, a copy of the applicant's current Wisconsin Seller's Permit shall be provided.[1]
(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 and the Department of Public Works. 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 and the Department of Public Works. In the event the organizers or sponsors of any special event deviate from the route submitted without the approval of the City, the organizers or sponsors of such special event shall be denied a permit for any special event for the following calendar year.
(2) 
Approval by Council members. After approval by the Police Department and the Department of Public Works, applications for special event permits shall be submitted to the Common Council for approval.
(3) 
Exemption. A permit fee is not required for:
(a) 
Special events not requiring the services of the Police Department or the Department of Public Works.
(b) 
Special events sponsored by the City or otherwise exempted by the Common Council.
(c) 
Special events sponsored by veterans organizations.
(d) 
Public and parochial elementary and secondary school civic-oriented events.
(e) 
Demonstrations as public displays of sentiment for or against a person or cause.
(4) 
Fees. After the application has been approved by the Police Department, the Department of Public Works and the Common Council, the applicant for a special event permit shall pay a fee based on a rate as set by the Common Council per man-hour for City services as determined in the application review and approval process.[2] No special event permit requiring a fee is valid until the fee has been paid. The Public Works Director may establish fees for provision of additional City services not set forth herein.
[2]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
(5) 
Refunds. Permit fee payments may be refunded if notification of cancellation of a permitted special event is received by the City Clerk at least 10 working days prior to the special event.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Permit regulations.
(1) 
City not liable. The special event permit application shall contain a statement that: "The applicant agrees to indemnify and save harmless the City 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) 
Insurance.
(a) 
Each applicant for an event requiring City services shall furnish with the application fee submitted to the City Clerk a certificate of insurance showing insurance written by a company licensed in the State of Wisconsin, approved by the City 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 Ch. 102, Wis. Stats. The certificate shall provide that the company will furnish the City 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 City 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 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 City Attorney.
D. 
Permit restrictions. Scheduling of special events shall be subject to approval by the City.