§ 18-4. Regulation of special events.

(a)

Definitions. As used in this section, the following terms shall have the meanings indicated:

Special event. Any outdoor activity such as, but not limited to, a festival, flea market, fun run, races, walk-a-thons, parade, carnivals, circus, animal show, fund-raiser, exhibition or similar activity, or block party conducted within the Village.

(b)

Permit required. No person may hold a special event in the Village without obtaining a special event permit.

(c)

Application and permit fee.

(1)

An application form and permit fee shall be submitted to the Village Clerk on forms obtained from the Clerk's office at least 60 days before the event. The permit fee is not required for events sponsored by the Village, veteran's organizations, public and parochial elementary and secondary school civic-oriented events or block parties.

(2)

Street closure map. All permit applications for special events featuring foot or bicycle races, runs, rides or parades on Village streets or that wish to close a Village street or portion thereof such as a block party shall include a detailed map of the proposed route/closure for approval by the Police Department and the Department of Public Works. This requirement does not authorize uses prohibited from occurring in the streets by other Village regulations. Routes or closures for annual special events must be submitted with the application regardless of the historical precedent. Proposed routes/closures 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 approved route/or area closed without written approval of the Village, the permit holder of such special event shall be denied a permit for any special event during the remainder of that year and for the following calendar year. Additionally, any permit already issued for a subsequent event shall be revoked. The permit holder may be subject to a forfeiture.

(3)

Site map. Include detailed map/diagram of the event indicating the location of the following: Event vendors (e.g. food, alcohol); parking accommodations (on- and off-site); proposed road closures (traffic control, barricades, parade participant entry and exit points); garbage cans, bathrooms and hand-washing facilities, safety fencing and emergency vehicle access.

(4)

Village indemnification. The applicant shall indemnify and protect the Village and shall sign a special portion of the application agreeing to do so. The agreement is as follows:

"The applicant agrees to indemnify and save harmless the Village 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 from the special event herein applied for.

No permit application may be processed unless the applicant has signed this portion of the application.

(5)

Insurance.

a.

Except as provided in subdivision b., each applicant for a special event shall furnish with the application a certificate of insurance showing insurance written by a company licensed in the State of Wisconsin and acceptable to the Village covering any and all liability or obligations which may result from operations by the applicant's employees, agents, contractors or subcontractors, including workers' compensation coverage in accordance with Wis. Stats. ch. 102. The certificate shall provide that the insurance company will furnish the Village with a ten-day written notice of cancellation, or material change. The insurance shall be a comprehensive general liability policy including public liability and property damage protecting the Village 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. The policy of insurance shall provide minimum limits in the amount of $1,000,000.00 per occurrence/$3,000,000.00 per accident.

b.

Village sponsored events, veteran's organizations, public and parochial elementary and secondary school civic-oriented events and block parties are exempt from this requirement.

(d)

Approval. The application will be distributed to the police and public works departments for review and comment. Applications shall be reviewed and approved, approved with conditions or denied by the village administrator if attendance at the event is expected to be 50 or fewer persons. For events of more than 50 persons, the clerk shall schedule the application for consideration and determination at the next village board meeting who shall approve, approve with conditions or deny the application. Once all required approvals are obtained, the village clerk shall ensure that all of the required aspects of the application have been completed. The village has the right to deny applications due to scheduling conflicts with other special event applications when the Village is unable to provide the necessary services for proposed special events.

(e)

Requirements.

(1)

No special event may be held for a period exceeding five days unless otherwise permitted by village regulations.

(2)

Notice to neighbors. Upon approval, the applicant shall be required to mail or deliver notice of the special event to the neighboring property owners no less than two weeks prior to the event. The applicant shall provide a copy of the notice, proof that the notice was mailed or delivered and a list of the persons to whom it was mailed or delivered prior to the special event to the clerk's office. The village administrator may allow an alternate form of notice, and may, in the case of community-related events, waive this requirement for community related events.

(3)

Fees for village services. After the application has been approved the applicant for a special event permit shall pay a deposit based on the per man-hour rate for Village services as determined in the application review and approval process, if necessary. The deposit must be made no less than 15 days before the event. No special event permit is valid until the deposit has been paid if required. After the event is finished and the final costs are calculated, a refund of the unused portion shall be made or a bill for additional costs shall be presented. If the permittee fails to pay the additional costs, no further permits shall be issued to that permittee unless and until the costs are paid. The village may take whatever action necessary to recover unpaid costs such as placing a special charge on the permittee's property, suing to recover the fees or any other method available.

(4)

The permit holder shall be responsible for cleaning up the public right-of-way and providing containers and storage for refuse.

(f)

Block parties. The following provisions of this subsection apply only to the block party permit:

(1)

The permit holder shall live on the block the permit is issued for.

(2)

The permit holder is responsible for placing and removing street barricades which will be furnished by the village.

(3)

Streets are not to be obstructed in such manner as to prevent use of emergency vehicles.

(4)

The permit holder shall notify all residents of the block at least seven days in advance of the event.

(5)

Every effort shall be made to protect the peace and tranquility of all the neighbors.

(6)

Festivities are to be terminated and barricades removed by 10:00 p.m.

(g)

Violations and penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in chapter 1, article II of this Municipal Code.

(Ord. No. 09-O-09, § 1, 12-7-2009)