Chapter 12.65
SPECIAL EVENTS
Sections:
12.65.100 Approval or denial of application.
12.65.110 Appeal of application denial.
12.65.120 Enforcement – Severability.
12.65.010 Title – Purpose.
This chapter is entitled the Town of East Troy Special Event Ordinance. The purpose of this chapter is to provide order to protect the public health, safety and welfare from the potential adverse effects which may arise from such special events or the large number of persons attracted to such events upon premises not regularly used for or developed to regularly accommodate such events or gatherings. Such regulations are intended to protect against traffic congestion, the overcrowding of lands, the potential for fires, explosion, riot or disorder or other dangers to person or property, the diversion of public health, safety and emergency services from regular necessary duties, and the additional cost to the community of providing public services necessary to protect the public health, safety and welfare arising from such temporary special events; and to promote the preservation of public peace and order, the furtherance of sanitation and the safeguarding of the public health. (2008 code § 12.08(1))
12.65.020 Definition.
A “special event” is a temporary activity that it is not ordinarily conducted on a daily or regular normal average use basis as a lawful use of the premises upon which such event is to occur. Such permits are required for all activities which meet the above definition and are to be held on property owned by the Town of East Troy. Such special events include, but are not limited to, festivals, carnivals, athletic tournaments, picnics and fairs. (2008 code § 12.08(2))
12.65.030 License required.
Every person is required to have a special event license prior to such event pursuant to the terms and provisions of this chapter. (2008 code § 12.08(3))
12.65.040 Exemptions.
This chapter shall not apply to special events sponsored by the Town and occurring upon public property and otherwise authorized or regulated by the Town ordinances, such special events being otherwise subject to governmental control to effectuate the purposes of this chapter. (2008 code § 12.08(4))
12.65.050 Regulations.
1. Duration and Hours of Operation. The duration of any special event shall not exceed three consecutive days and any license (hereinafter referred to as permit) issued under this section shall specify the days upon which the event shall occur. No special event shall be permitted to continue past the regularly posted park hours on any given day.
2. Maximum Attendance. A special event permit shall specify the maximum peak number of people to attend the special event. The licensee shall not sell tickets to nor allow the attendance of more people at the special event at any time than as specified in the permit. Any tickets sold or advertisement made prior to the grant of a permit under this section and the satisfaction of all conditions of such permit shall include therein in like medium, a statement that “the occurrence of the (special event) remains subject to the approval of the Town of East Troy.”
3. Illumination. If the special event is to continue during hours of darkness, illumination shall be sufficient to light the entire area of the event without the spillage of such illumination unreasonably beyond the boundaries of the special event premises.
4. Noise. No licensee shall permit any sound created by the special event activity to carry unreasonably beyond the boundaries of the special event premises. (2008 code § 12.08(5))
12.65.060 Application.
1. Any person intending to sponsor or produce a special event shall make written application for a special event permit and file same with the Town Clerk at least 60 days prior to the date of the special event.
2. 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, by an authorized officer in the case of a corporation, by a general partner in the case of a partnership or by all officers of an unincorporated association, society or group or, if there be no officer, by all members of such association, society or group.
3. The application shall contain and disclose:
a. The name, address and home and business telephone numbers of the authorized representative of the applicant who shall be responsible for the conduct of the special event and available to the Town at all times for all communications and necessary contacts.
b. 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 percent or more of the stock of said corporation.
c. The address and legal description of all property upon which the special event is to be held, together with the name, residence and mailing address of the record owner(s) of all such property.
d. Proof of ownership of all property upon which the special event 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 the special event.
e. The nature or purpose of the special event.
f. The total number of days and/or hours during which the special event is to last, including setup and take-down operations.
g. The maximum number of persons which the applicant shall permit to attend at any time, not to exceed the maximum number which can reasonably assemble at the location of the special event in consideration of the nature of the special event.
h. The maximum number of tickets to be sold, if any.
i. The plans of the applicant to limit the maximum number of people permitted to assemble.
j. The plans for providing toilet and lavatory facilities, including the source, number and location, type, and the means of disposing of waste deposited.
k. The plans for holding, collection, and disposing of solid waste material.
l. The plans, if any, to illuminate the location of the special event, including the source and amount of power and the location of lamps.
m. 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 and any shuttle service.
n. The plans for security, including the number of guards, their deployment, and their names, addresses, credentials and hours of availability.
o. The plans for fire protection and emergency medical services, 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.
p. The plans for sound control and sound amplification, if any, including number, location and power of amplifiers and speakers.
q. The plans for food and beverage concessions and concessionaires who will be allowed to operate on the grounds, including the names and addresses of all concessionaires and their license or permit numbers.
r. The plans and specific description for each of any other type of vendor or amusement or entertainment provider who will be allowed to operate on the grounds, including the names and addresses of all such vendors and their license or permit numbers, if any.
4. No application shall be accepted as filed until the Town Clerk determines that the information in the application is complete and sufficient for filing purposes as required under this section. Upon filing, the Clerk shall distribute copies of the application to the Town Board members who will approve or deny the application after addressing any concerns raised by the Police and Fire Departments, and with any emergency medical services providers.
TOWN OF EAST TROY
APPLICATION FOR SPECIAL EVENT PERMIT ON TOWN PROPERTY
Special Events (Town Property)
(Non-Refundable Application Fee: $25.00)
The undersigned Applicant,__________________, For_________________ (organization name), does hereby request the Town Clerk for the Town of East Troy, Walworth County, Wisconsin, to forward this request for a permit to conduct a special event in the Town of East Troy to the Town Board for approval:
Name of Authorized Representative:_______________________________________
Address:_____________________________________________________________
Home and business telephone numbers: ____________________________________
*If this application is being requested by 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 must be attached to this application.
Address of all property upon which the special event is to be held: ____________________________________________________________________
Name, residence and mailing address of the record owner(s) of all such property: ____________________________________________________________________
Please attach proof of ownership of all property upon which the special event is to be held or a statement made upon oath of affirmation by the record owner(s) of all such property that the applicant has permission to use such property for the special event.
The nature or purpose of the special event: __________________________________
The total number of days and/or hours during which the special event is to last, including setup and take-down operations: __________________________________________
____________________________________________________________________
The maximum number of persons which the applicant shall permit to attend at any time, not to exceed the maximum number which can reasonably assemble at the location of the special event in consideration of the nature of the special event:
____________________________________________________________________
The maximum number of tickets to be sold, if any: _____________________________
The plans of applicant to limit the maximum number of people permitted to assemble:
____________________________________________________________________
Any plans for fencing the location of the special event and the gates contained in such fence: _______________________________________________________________
The plans for supplying potable water, including the source, amount available and location of outlets: _______________________________________________________
The plans for providing toilet and lavatory facilities, including the source, number and location, type, and the means of disposing of waste deposited: ___________________
The plans for holding, collection, and disposing of solid waste material: ____________________________________________________________________
The plans, if any, to illuminate the location of the special event, including the source and amount of power and the location of lamps ___________________________________
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 and any shuttle service: _____________________________________________________
The plans for security, including the number of guards, their deployment, and their names, addresses, credentials and hours of availability: ________________________
The plans for fire protection and emergency medical services, 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: ____________________________________________________________________
The plans for sound control and sound amplification, if any, including number, location and power of amplifiers and speakers: ______________________________________
The plans for food and beverage concessions and concessionaires who will be allowed to operate on the grounds, including the names and addresses of all concessionaires and their license or permit numbers: ________________________________________
____________________________________________________________________
The plans and specific description for each of any other type of vendor or amusement or entertainment provider who will be allowed to operate on the grounds, including the names and addresses of all such vendors and their license or permit numbers, if any:
____________________________________________________________________
The undersigned Applicant/Responsible Party ___________________________, hereby agrees to hold such event in conformity and compliance with all Town of East Troy Ordinances and all state and federal laws. Further, the undersigned acknowledges that the assembly will not cause an unreasonable disturbance and shall not permit the sound of the assembly to carry unreasonably beyond the enclosed premises or building in which the event will take place. The Responsible Party must have a telephone number available to be called by the Town of East Troy Police Department or other public officials or law enforcement personnel at all time during the event.
The undersigned acknowledges that the proposed activity is a single event that does not constitute a regular activity on the premises. The undersigned shall inquire as to whether or not a permit is required from Walworth County or other jurisdiction(s) and whether or not the same is permitted under the zoning ordinances. By issuing this special use permit, the undersigned also understands that the Town of East Troy does not waive any of its zoning ordinances, but that this permit is issued to give the Town of East Troy prior notice of the proposed event and an opportunity for the Town to place restrictions if the Town believes the same may unduly affect neighbors or other residents of the Town of East Troy. Further, the undersigned swears that the statements contained herein are true and correct to the best of his/her knowledge.
The applicant agrees to indemnify and save harmless the Town of East Troy 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, arising in any way as a consequence of the granting of a permit for a special event.
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Dated: ___________________ |
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______________________________ |
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Organization |
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BY: ______________________________ |
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(Applicant/Responsible Party) |
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APPROVAL: |
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APPROVAL: |
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Approved________________, 20__ |
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Approved________________, 20__ |
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BY:__________________________ |
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BY:__________________________ |
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_______________________ (name) |
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_______________________ (name) |
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_________________________ (title) |
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_________________________ (title) |
Please Note:
1. No application shall be accepted as filed until the Town Clerk determines that the information in the application is complete and sufficient for filing purposes as required under this subsection. Upon filing, the Clerk shall distribute copies of the application to the Town Board members and Fire Protection and Emergency Medical Services providers.
2. The special event license application shall contain a statement that: “The applicant agrees to indemnify and save harmless the Town 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, arising in any way as a consequence of the granting of a license or a special event.” No license may be issued unless the applicant has agreed to the terms of this statement on the written application.
3. Each applicant for a special event license shall furnish to the Town, no later than 10 days prior to the special event, 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 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 chapter 101, Wisconsin Statutes. The certificate shall provide that the company will furnish the Town with a 10-day prior written notice of cancellation, non- renewal or material change. The insurance shall be written in comprehensive form and shall protect the applicant and Town 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 and subcontractors. The policy of insurance shall provide minimum combined single limits for bodily injury and property damage of at least $1,000,000 per person/aggregate.
4. In addition, a special event licensee shall be responsible for and pay to the Town a fee for all Town fire and police services provided by the Town for the special event. Such police and fire services special event fee shall not exceed the actual cost of providing the services. Such fee shall be paid to the Town by the licensee within 10 days of the date of itemized invoice for same prepared by the Town subsequent to the special event. The licensee shall provide the Board with all information necessary to determine the level of services required. After reviewing such reports, upon which the applicant may be heard, the Town Board shall specify as a condition of the license, that the applicant deposit with the Town security in the form of a bond, letter of credit or cash deposit, in form approved by the Town Attorney in an amount determined to be sufficient to guarantee payment for the anticipated cost of providing such special event police and fire services. Such security deposit shall be made by the licensee no later than 10 days prior to the special event. Such security deposit shall entitle the Town to draw upon same forthwith upon any default in payment by the licensee after services invoiced, with any remaining balance of any cash deposit to be returned to the licensee. Any determined deficiency for such service fees beyond the security deposit shall be a debt of the licensee to the Town, collectible by the Town in an action at law, which shall also entitle the Town to all costs of collection, including attorney fees and further, shall also constitute a lien against the special event premises to be placed upon the tax roll for such premises.
(2008 code § 12.08(6))
12.65.070 Indemnity.
The special event permit application shall contain a statement that, “The applicant agrees to indemnify and save harmless the Town 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, arising in any way as a consequence of the granting of a permit for a special event.” No permit may be issued unless the applicant has agreed to the terms of this statement on the written application. (2008 code § 12.08(7))
12.65.080 Insurance.
Each applicant for a special event permit shall furnish to the Town, no later than 10 days prior to the special event, a certificate of insurance written by a company licensed in the state of Wisconsin, approved by the Town Attorney or Town Clerk 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 Wis. Stat. Ch. 101. The certificate shall provide that the company will furnish the Town with 10-day prior written notice of cancellation, nonrenewal or material change. The insurance shall be written in comprehensive form and shall protect the applicant and Town 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 and subcontractors. The policy of insurance shall provide minimum combined single limits for bodily injury and property damage of at least $1,000,000 per person/aggregate. (2008 code § 12.08(8))
12.65.090 License fees.
Concurrent with the filing of any application for a special event permit, the applicant shall pay a nonrefundable license administration and review fee to the Town in the amount of $25.00. The Town Board may waive the $25.00 filing fee of any applicant as long as prior notice is given to the Town Clerk. In addition, a special event licensee shall be responsible for and pay to the Town a fee for all Town fire and police services provided by the Town for the special event. Such police and fire services special event fee shall not exceed the actual cost of providing the services. Such fee shall be paid to the Town by the licensee within 10 days of the date of itemized invoice for same prepared by the Town subsequent to the special event. The licensee shall provide the Board with all information necessary to determine the level of services required. After reviewing such reports, upon which the applicant may be heard, the Town Board shall specify as a condition of the permit that the applicant deposit with the Town security in the form of a bond, letter of credit or cash deposit, in form approved by the Town Attorney in an amount determined to be sufficient to guarantee payment for the anticipated cost of providing such special event police and fire services. Such security deposit shall be made by the licensee no later than 10 days prior to the special event. Such security deposit shall entitle the Town to draw upon same forthwith upon any default in payment by the licensee after services invoiced, with any remaining balance of any cash deposit to be returned to the licensee. Any determined deficiency for such service fees beyond the security deposit shall be a debt of the licensee to the Town, collectible by the Town in an action at law, which shall also entitle the Town to all costs of collection, including attorney fees and further, shall also constitute a lien against the special event premises to be placed upon the tax roll for such premises. (2008 code § 12.08(9))
12.65.100 Approval or denial of application.
Upon receipt of a completed application, the Town Clerk shall submit the application for review to the Town Board, which shall approve, conditionally approve or deny the license within 45 working days of its filing. The Town Board shall have the authority to modify the time and place or specified activities of a special event to facilitate crowd control in the interests of relieving congestion and promoting public safety. The Town Board shall issue the permit if it complies with all terms and provisions of this section. Grounds for denial of the application shall include:
1. Any false or misleading statements set forth upon the application.
2. The special event is of such a size or nature so as to require the diversion of so great a number of municipal police or fire services so as to deny reasonable police or fire services to the Town as a whole.
3. The time, size and nature of the special event would unduly disrupt the safe and orderly use of any street or public place or material portion thereof, which is ordinarily subject to congestion or traffic at the proposed time or substantially interrupts the safe and orderly movement of traffic.
4. The vehicles, temporarily structures, sanitary facilities, tents, equipment or other materials used in the special event do not comply with or meet all applicable health, fire or safety requirements.
5. The special event will interfere or conflict with another special event for which an application had been previously filed or with a construction or public works project.
6. The conduct of the special event will be contrary to law, including noise regulations.
7. Either the applicant or a proposed special event were previously licensed for a prior special event under this chapter and violated any term of this chapter while operating under such license. (2008 code § 12.08(10))
12.65.110 Appeal of application denial.
Any applicant who has been denied a special event permit may, within 30 days of denial, have the denial reviewed by the Circuit Court Judge, by filing a writ of certiorari in the Walworth County Circuit Court. Said Circuit Court Judge shall either affirm or reverse the initial action on the application. Such determination by the Circuit Court Judge may be appealed to the Wisconsin Court of Appeals and Wisconsin Supreme Court, as per the Wisconsin Rules of Civil Appellate Procedure. (2008 code § 12.08(11))
12.65.120 Enforcement – Severability.
Any person who violates any provision of this chapter or who violates any condition upon which a special event permit is granted shall be subject to a forfeiture of not less than $500.00 nor more than $2,500. Each day of violation shall be considered a separate offense. In addition, the Town may enforce this chapter by way of injunctive relief and all other remedies available at law and equity. The terms and the provisions of this chapter are severable. Should any term or provision of this chapter be found to be invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. (2008 code § 12.08(12))