[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Title 7, Ch. 9, of the 2004 Code. Amendments noted where applicable.]
Intoxicating liquor and fermented malt beverages — See Ch. 349.
It is the purpose of the Village Board 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 Village of Baldwin, in order that the health, safety and welfare of all persons in the Village, residents and visitors alike, may be protected.
The purpose and intent of this chapter are to establish site approval for locations in the Village of Baldwin used temporarily for large gatherings, as defined in § 212-2 below, it being recognized that the character and type of such gatherings vary widely and the facilities required to carry out the general purpose and intent of this chapter should be the subject of a public gathering permit issued only after public hearing and a determination by the Village Board that there will be compliance with the standards set forth in this chapter.
This chapter shall apply to all public and private gatherings, rallies, assemblies or festivals at which attendance is greater than 500 persons for a one-day event and greater than 550 persons for a two-day or more event. The requirement for a public gathering permit shall not apply to events held in any regularly established permanent place of worship, stadium, school, athletic field, arena or other similar permanently established structure designed for assemblies or to church picnic events which do not exceed by more than 500 people the maximum seating capacity of the structure where the assembly is held.
The following definitions shall be applicable in this section:
- A company of persons gathered together at any location at any single time for any purpose, and may be considered a large public gathering if it falls within the definition in § 212-2 above.
- Any individual, partnership, corporation, firm, organization, company, association, society or group.
No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give away tickets to an actual or reasonably anticipated large gathering, whether on public or private property, unless a public gathering permit to hold the assembly has first been issued by the Village Board. A permit 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.
Applicant. Applications for a public gathering permit shall be made by the owner or a person having a contractual interest in lands proposed as the site for a public or private gathering, rally, assembly or festival as defined in this chapter. 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, organization, society or group or, if there are no officers, by all members of such association, organization, society or group.
Filing period. An application for a public gathering permit shall be filed with the Clerk-Treasurer not less than 45 days nor more than 120 days before the date on which it is proposed to conduct the event.
The application for a public gathering permit shall contain and disclose all of the following information:
The name, residence and mailing address of all persons required to sign the application by § 212-5A above 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 such corporation.
The name and mailing address of the promoter and/or sponsor of the gathering.
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 owner of record of all such property. This description shall be by plat of survey to a scale of one inch equals 100 feet prepared by a registered land surveyor showing the location, boundaries, dimensions, type, elevations and size of the following: subject site, existing or proposed wells, buildings, fences, woods, streams, lakes or watercourses, as well as the vertical contour interval two feet above the ordinary high water level.
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 of all such property that the applicant has permission to use such property for an assembly of 250 or more persons.
The nature or purpose of the assembly.
The total number of days and/or hours during which the assembly is to last.
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 Village and county if the assembly is to continue overnight.
The maximum number of tickets to be sold, if any.
The plans of the applicant to limit the maximum number of people permitted to assemble.
The plans for fencing the location of the assembly 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 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.
The plans, if any, to illuminate the location of the assembly 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.
The plans for camping facilities, if any, including facilities available and their location.
The plans for security including the number of guards, their deployment, command arrangements, and their names, addresses, credentials and hours of availability.
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.
The plans for sound control and sound amplification, if any, including number, location and power of amplifiers and speakers.
The plans for food 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 Village Board shall have authority to require the applicant and site owners to file a cash bond or establish an escrow account in an amount to be determined by the Village Board, but not exceeding $100,000, conditioned on complete compliance by the applicant and site owner with all provisions of this chapter, the terms and conditions of the public gathering permit, including cleaning up the site, and the payment of any damages, administrative and law enforcement costs, fines, forfeitures or penalties imposed by reason of violation thereof. Such bond or escrow account information shall be filed with the Clerk-Treasurer prior to the issuance of a permit.
Where the Village Board determines that the cost of municipal services incident to the staging of the usage will be significantly increased because of the usage, the Village Board may require the permittee to make an additional payment into the general fund of the Village in an amount equal to the increased costs.
Prior to considering an application for a public gathering permit, the Village Board shall conduct a public hearing on the matter. Written notice of such hearing shall be mailed to the applicant and all property owners adjacent to the site of the proposed assembly. The Village Board shall, based on evidence presented at the hearing, make a finding of the number of persons expected to attend the event. Such finding shall be final and conclusive on the applicant for the purpose of determining the amount of the permit fee and the applicability of those standards set forth herein which are dependent upon the number of persons attending the event.
A public gathering permit shall not be issued unless it is determined, based on evidence produced at the hearing or submitted with application materials, that the following standards are or will be met; the applicant may be required to file with the Clerk-Treasurer copies of properly executed contracts establishing the ability to fully provide the services required under this section:
For events scheduled for two successive days or more, at least one acre of land, exclusive of roads, parking lots and required yards shall be provided for each 100 persons attending.
Every site proposed for a public gathering permit shall be on generally well-drained ground and shall not be on ground on which storm or other waters accumulate or on ground which is wet or muddy due to subsoil moisture.
Due to the physical characteristics of the site, the Village Board may require that the applicant shall provide proof that he/she will furnish, at his own expense, a minimum of two days before the assembly commences, a snow-fence type 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.
The applicant shall provide proof that he/she has contracted for local EMS services to provide emergency ambulance and EMT services, at the applicant's expense, for events at which over 1,000 persons will be in attendance.
The applicant shall provide proof that he/she will furnish, at his own expense before the assembly commences 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.
The applicant shall provide proof that he/she will furnish, at his/her own expense before the assembly commences, a free 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.
The applicant shall provide proof that he/she will furnish, at his/her own expense before the assembly commences, 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 500 people. If it is determined by the Village President that additional police protection shall be required, he/she may contact the County Sheriff's Department; and all costs for the additional protection required shall be deducted from the posted cash bond.
The applicant shall provide proof that he/she will furnish, at his/her own expense before the assembly commences, 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 county and Village, and sufficient emergency personnel to efficiently operate the required equipment.
The applicant shall provide an adequate source of pure water with sufficient supply outlets for drinking and other purposes to comfortably accommodate the number of persons expected to attend the event at the rate of one gallon per person per day. Where a public water supply is not available, potable water, meeting all federal and state requirements for purity, may be used. Any well or wells supplying any such site shall comply with the Wisconsin Administrative Code.
The applicant shall provide 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 100 females and at least one toilet for every 200 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.
The applicant shall provide 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 collection of 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.
If the assembly is to continue overnight, camping facilities shall be provided in compliance with all state and local requirements as set forth in the Wisconsin Administrative Code and ordinances of the Village and county, sufficient to provide camping accommodations for the maximum number of people to be assembled.
Applicants may be denied for any of the following nonexclusive reasons:
It is for a use which would involve a violation of federal or state law or any Village or county ordinance.
The granting of the permit would conflict with another permit already granted or for which application is already pending.
The application does not contain the information or does not properly satisfy the conditions required by this chapter.
The application is made less than the required days in advance of the proposed assembly.
The policing of the assembly will require so large a number of persons and vehicles, including ambulances, as to prevent adequate service of the needs of the rest of the community.
The assembly will substantially hinder the movement of police and fire and other emergency vehicles as to create a substantial risk to persons and property.
The assembly will reasonably create a substantial risk of injury to persons or damage to property.
The assembly use is so poorly organized that participants are likely to engage in aggressive or destructive activity.
When fermented malt beverages are sold at any event authorized by this chapter, a valid temporary fermented malt beverage license shall be obtained and applicable Village ordinances shall be fully complied with. Said license must be possessed by the person who filed for the license and shall be presented to any law enforcement officer upon request.
The Clerk-Treasurer may submit a copy of the application to the County Sheriff's Department and other governmental agencies for their recommendations.
Any law enforcement officer, the Clerk-Treasurer, or the Village Board may revoke a permit already issued if it is deemed that such action is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of the peace or by a change in the conditions forming the basis of the standards of issuance. In lieu of revoking a permit, an above-named official may require the permittee to file evidence of good and sufficient sureties, insurance in force or other evidence of adequate financial responsibility, running to the Village and such third parties as may be injured or damaged, in an amount depending upon the likelihood of injury or damage as a direct and proximate result of the holding of the usage sufficient to indemnify the Village and such third parties as may be injured or damaged thereby, caused by the permittee, its agents or participants.