Village of Pleasant Prairie, WI
Kenosha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 5-2-1988 as § 12.06 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 250.
Theaters, circuses and carnivals — See Ch. 326.
Zoning Ordinance — See Ch. 420.

§ 125-1 Purpose.

The purpose of this chapter is 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 and to preserve and promote the peace, health, safety and welfare of all persons in the Village, residents and visitors alike.

§ 125-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ASSEMBLY
A company of persons gathered together at any location at any single time for any purpose.

§ 125-3 License required; exceptions.

A. 
License required. No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage, sell or give tickets to an actual or reasonably anticipated assembly of 1,000 or more people which continues or can reasonably be expected to continue for 12 or more consecutive hours, whether on public or private property, unless a license therefor has first been obtained from the Village Clerk. A license shall permit any person to engage in any lawful activity in connection with the holding of the licensed assembly.
B. 
Separate licenses. A separate license shall be required for each twelve-hour period and each location in which 1,000 or more people assemble or can reasonably be anticipated to assemble.
C. 
Fee. The fee for each license shall be $100.
D. 
License restrictions.
(1) 
A license shall permit the assembly of only the maximum number of people stated in the license. The licensee shall not sell tickets to, nor permit to assemble at the licensed location, more than the maximum permissible number of people.
(2) 
The licensee shall not permit the sound of the assembly to carry unreasonably beyond the enclosed boundaries of the location of the assembly.
E. 
Exceptions.
(1) 
This chapter shall not apply to any regularly established permanent place of worship, stadium, athletic field, arena, auditorium, coliseum or other similar permanently established place of assembly for assemblies which do not exceed by more than 250 people the maximum seating capacity of the structure where the assembly is held.
(2) 
This chapter shall not apply to government-sponsored fairs held on regularly established fairgrounds nor to assemblies required to be licensed by other Village ordinances or regulations.

§ 125-4 Application for license.

A. 
Application for a license to hold an actual or anticipated assembly of 1,000 or more persons shall be made in writing to the Village Clerk at least 30 days in advance of such assembly.
B. 
Such 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 all officers in the case of a corporation, by all partners in the case of a partnership, or by all officers if an unincorporated association, society or group or, if there are no officers, by all members of such association, society or group.
C. 
The application shall contain:
(1) 
The name, age, residence and mailing address of all persons required to sign the application by Subsection B 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.
(2) 
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 record owner of all such property.
(3) 
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 1,000 or more persons.
(4) 
A statement as to the nature or purpose of the assembly.
(5) 
The total number of days or hours during which the assembly is to last.
(6) 
A statement as to 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, 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, if the assembly is to continue overnight.
(7) 
A statement of the maximum number of tickets to be sold, if any.
(8) 
A statement of the applicant's plans to limit the maximum number of people permitted to assemble.
(9) 
A statement of the plans for fencing the location of the assembly and the gates contained in such fence.
(10) 
A statement of the plans for supplying potable water, including the source, amount available and location of outlets.
(11) 
A statement of the plans for providing toilet and lavatory facilities, including the source, number, location and type and the means of disposing of waste deposited.
(12) 
A statement of plans for holding, collecting and disposing of solid waste material.
(13) 
A statement of plans to provide for medical facilities, including the location and construction of a medical structure, the names, addresses and hours of availability of physicians and nurses and provision for emergency ambulance service.
(14) 
The plans, if any, to illuminate the location of the assembly, including the source and amount of power and the location of lamps.
(15) 
The plans for parking of vehicles, including the size and location of lots, the points of highway access and the interior roads and routes between highway access and parking lots.
(16) 
The plans for telephone service, including the source, number and location of telephones.
(17) 
A statement specifying whether any camping or housing facilities are to be available and, if so, a plan showing the intended number and location of the same.
(18) 
A statement of plans for security, including the number of guards, their deployment and their names, addresses, credentials and hours of availability.
(19) 
A statement of 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 any such equipment.
(20) 
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.

§ 125-5 License conditions.

A. 
Plans. Before an applicant may be issued a license hereunder, he shall first:
(1) 
Determine the maximum number of people which will be assembled or admitted to the location of the assembly, provided that:
(a) 
The maximum number shall not exceed the maximum number which can reasonably assemble at the location of the assembly in consideration of the nature of the assembly.
(b) 
Where the assembly is to continue overnight, the maximum number shall not be more than is allowed to sleep within the boundaries of the location of the assembly by the zoning or health ordinances of the Village.
(2) 
Provide proof that he will furnish at his own expense before the assembly commences:
(a) 
A fence completely enclosing the proposed location and of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds and having at least four gates, at least one at or near four opposite points of the compass.
(b) 
Potable water meeting all federal and state requirements for purity and sufficient to provide drinking water for the maximum number of people to be assembled at a rate of at least one gallon per person per day and water for bathing at the rate of at least 10 gallons per person per day.
(c) 
Separate, enclosed toilets for males and females meeting all state and local specifications, conveniently located throughout the grounds, and sufficient to provide facilities for the maximum number of people to be assembled at the rate of at least one toilet for every 200 females and at least one toilet for every 300 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.
(d) 
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 collecting all such waste at least once each day of the assembly and sufficient trash cans with tightfitting lids and personnel to perform the task.
(e) 
Physicians and nurses licensed to practice in the state sufficient to provide the average medical care enjoyed by state residents for the maximum number of people to be assembled at the rate of at least one physician for every 1,000 people and at least one nurse for every 1,500 people, together with an enclosed, covered structure where treatment may be rendered, containing separately enclosed treatment rooms for each physician, and at least one emergency ambulance available for use at all times.
(f) 
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.
(g) 
A free parking area inside the assembly grounds sufficient to provide parking spaces for the maximum number of people to be assembled at the rate of at least one parking space for every four persons.
(h) 
Telephones connected to outside lines sufficient to provide service for the maximum number of people to be assembled at the rate of at least one separate line and receiver for each 1,000 persons.
(i) 
If the assembly is to continue overnight, camping facilities in compliance with all state and local requirements as prescribed by the Wisconsin Administrative Code and Village ordinances, sufficient to provide camping accommodations for the maximum number of people to be assembled.
(j) 
Security guards, either regularly employed, duly sworn, off-duty state peace officers or private guards, licensed in the state, 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 750 persons.
(k) 
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 prescribed in the Wisconsin Administrative Code and Village ordinances, and sufficient emergency personnel to efficiently operate the required equipment.
(l) 
All necessary precautions to ensure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly.
B. 
Bond. No license shall be issued unless the applicant deposits with the Village Clerk a bond, either in cash or underwritten by a surety company licensed to do business in the state, at the rate of $1 per person for the maximum number of people permitted to assemble, which shall indemnify and hold harmless the Village or any of its agents, officers, servants or employees from any liability or causes of action which might arise by reason of the granting of such license and from any cost incurred in cleaning up any waste material produced or left by the assembly.
C. 
License fees. The application shall be accompanied by the license fee as required hereunder.

§ 125-6 Issuance of license.

The application for a license shall be processed within 20 days of receipt, and a license shall be issued if all conditions are complied with.

§ 125-7 Revocation of license.

The license may be revoked by the Village Board whenever any condition of the issuance of the license or any condition contained in the license is not complied with or whenever any condition previously met is no longer being met.

§ 125-8 Enforcement; violations and penalties.

A. 
By injunction. The provisions of this chapter may be enforced by injunction in any court of competent jurisdiction.
B. 
As a public nuisance. The holding of an assembly in violation of any provision or condition contained in this chapter shall be deemed a public nuisance and may be abated as such.
C. 
Forfeiture action. Any person who fails to obtain a license as required hereunder or who violates any condition upon which he is granted a license shall be subject to a forfeiture of not less than $100 nor more than $1,000.