Chapter 12.30
SPECIAL EVENTS
Sections:
12.30.020 Special event permits.
12.30.010 Definitions.
“Block party” means a special event in which a street is closed and invitees are primarily people who reside on or near the special event premises.
“Special event” means any organized gathering of people, animals, or vehicles, or combination thereof that impedes the normal use of public streets, sidewalks, alleys, or rights-of-way, or traffic regulations or controls by persons not attending the event. (Ord. 2790-22 § 4, 2022)
12.30.020 Special event permits.
A. No person may set up, hold, or maintain a special event without a valid special event permit unless the special event is associated with, or a part of, a request for temporary use permit, in which case it shall meet the provisions of this section but be permitted as part of the temporary use permit under Chapter 17.108.
1. The following persons or events are exempt from the provisions of this chapter:
a. The City of Brookfield; or
b. A person who has been issued a park use permit and the use will occur entirely within the park; or
c. The special event is a funeral or funeral procession.
B. Application.
1. Information Required. The following information is required to be submitted on the City’s form:
a. The name, address, phone number, and email address of the applicant.
b. The location and description of the special event.
c. The date, start time, and end time of the special event.
d. A description of the characteristics of the use, including:
i. Maximum capacity of people at the event and expected peak attendance;
ii. Whether electronically amplified outdoor sound will be utilized;
iii. Whether a tent or temporary structure will be used;
iv. Parking and sanitary facilities necessary and their availability;
v. Whether use of City street barricades is requested.
e. Except for a block party, the applicant’s signature agreeing to indemnify and hold harmless the City against any and all liability and loss from any personal injury or property damage resulting from or arising out of, in whole or in part, the use by the applicant or its employees, agents, or contractors arising out of the rights and privileges granted by the special event permit.
f. For a block party that closes a street, a street closure consent form signed by occupants of at least 75% of the residential and commercial units on the closed portion of the street or a homeowner’s association if more than 75% of the units on the street to be closed are members of the homeowner’s association.
g. Special event applications shall be submitted no later than 60 days prior to the special event; block party applications no later than 30 days prior.
2. Processing.
a. An application fee is required in an amount as set forth in Section 3.24.040(C).
b. An application is incomplete without all the information required in subsection (B)(1) of this section and the application fee. The Director of Public Works shall not process any incomplete applications.
c. The Director of Public Works shall forward complete applications to the Police Department and Fire Department for review. The departments shall review the application and consider traffic safety; appropriate vehicular access and circulation; available parking; public safety, including provision for security personnel, if any; generation of noise; hours of operation; accurate description of area to be used; any substantially adverse effect upon adjoining properties or public streets, and the estimated costs of closing streets or public places and staffing. The departments’ findings shall be forwarded to the Director of Public Works within 30 days.
d. The Director of Public Works shall review the application and department findings and may approve, conditionally approve, or deny the application. If an application is denied, the applicant shall be notified in writing of the denial and the reasons therefor.
e. Appeals. Any person aggrieved by any decision of the Director of Public Works relating to the application may appeal the decision to the Board of Public Works. Such appeal shall be filed with the City Clerk within 30 days after the Director’s decision on the application. After conducting a hearing on the matter with both the City and the applicant having the opportunity to present evidence, the Board shall render a recommendation to the Common Council. The Common Council shall determine whether to adopt the Board’s recommendation. The decision of the Common Council is the final determination, and any appeal of the Common Council’s decision shall occur within 30 days of receipt of the final determination.
C. Permit Disqualifiers. A person is not eligible for a special event permit if any of the following applies:
1. In the three years prior to the date of application, the applicant has failed to comply with the requirements of this section or had a permit revoked under this section;
2. The permit application contains materially false information;
3. Any delinquent fees, charges, or other debts to the City owed by the applicant remain unpaid;
4. An application decision is pending or a special event permit has been issued for the same premises during overlapping times and dates;
5. The impediment on or closure of the streets, sidewalks, alleys, or right-of-way would not be in the best interest of the public’s health, safety, or welfare;
6. The use would violate federal, state, or local law, City policy, or contractual agreements;
7. The street proposed to be closed is a major street or secondary street; or
8. The event would interfere with City-related business or activities.
D. Conditions of Permit.
1. The permittee shall keep a copy of the special event permit on the premises for the duration of the use.
2. The permittee shall comply with all local, state, and federal laws.
3. The permittee shall comply with any conditions imposed on the permit.
4. The permittee shall use barricades approved by the City. If using City barricades, the permittee shall pay the City for barricade rental at least seven days prior to the special event. The permittee shall pick up the barricades on a regular business day before and return them to the City’s Public Works Building within three business days of the special event. If the barricades are not returned within three business days of the special event, the City may pick up the barricades and bill the permittee for such service. If barricades are damaged or not in the same condition as when they were originally picked up, the City shall bill the permittee for repair or replacement of the barricades, whichever is less.
5. No special event may last more than six hours.
6. The permittee or attendees shall not prohibit access to properties on a closed street.
7. If the special event involves motor vehicles or animals, the permittee shall maintain commercial general liability insurance and auto insurance in the amount of $1,000,000 for each type of insurance per occurrence for the special event. A certificate of insurance and additional insured endorsement naming the City, its elected and appointed officials, officers, employees, and authorized representatives as additional insureds shall be provided to the City Attorney at least seven days prior to the event. No special event may commence until the City Attorney has approved the insurance.
8. If the event requires the City to provide any staffing or equipment other than barricades to protect the public health, safety, or welfare, as determined in the sole discretion of the City, the City shall charge the permittee the actual costs of the staffing and equipment. The City may require the permittee to deposit an estimated amount of such costs seven days prior to the special event. The permittee shall pay the amount of costs incurred above the estimated cost or the actual cost if no deposit was made within 30 days of receiving notice of the costs. The City shall refund any deposit to the permittee that was not actually incurred due to the special event.
9. If a street is closed, the permittee shall deliver written notices announcing an event for which a permit has been granted to each occupant on the streets to be closed, the district alderpersons, and the Director of Public Works at least seven days prior to the event. The notification shall include contact information for the permittee. Notice shall be sufficient if provided to the owner or occupant of each building or use with street frontage or driveway access on the street or portion of streets to be closed and those whose access is restricted by closure of said streets (e.g., streets with no other access but through the closed street).
E. Summary Suspension.
1. Whenever the Fire Chief or Police Chief or the Director of Public Works finds conditions in the operation of the special event subject to a permit under this chapter which in their opinion constitutes a substantial hazard to the public health, safety, or welfare, they may, without warning, notice, or hearing, immediately suspend the permit and order the use delayed, cancelled, or discontinued unless and until specific corrective action is taken within a specified time period, if applicable.
2. Appeals. Any person aggrieved by any decision of the Director of Public Works or chiefs relating to the suspension may appeal the decision to the Board of Public Works. Such appeal shall be filed with the City Clerk within 30 days after the decision to suspend the special event permit.
F. Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2790-22 § 4, 2022)