[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996
as Title 7, Ch. 9 of the 1996 Code. Amendments noted where applicable.]
The Village of Theresa recognizes that Village streets and highways
are primarily for the use of vehicular travel. It further recognizes a need
to use these public streets and highways for processions, parades, runs, walks,
bicycle races, marathons, etc., which do not substantially interfere with
the public's right to travel on such streets and highways. This chapter is
intended to regulate and control nonvehicular use of the streets and highways
and to protect the general welfare and safety of the persons using the streets
and highways within the Village. Said authority to regulate is contained in
§ 349.185, Wis. Stats., and related sections.
As used in this chapter, the following terms shall have the meaning
indicated:
Has the meaning set forth in § 340.01, Wis. Stats., and
also includes areas owned by the Village of Theresa which are used primarily
for pedestrian or vehicular traffic.
Their usual and customary usage.
A.
Permit required. No person shall form, direct, lead or participate
in any procession, parade, run, walk, marathon, bicycle race, etc., on any
street or highway under the jurisdiction of the Village unless a permit has
been obtained in advance as provided in this chapter.
B.
Exemptions from permit requirement. A permit is not required
for assembling or movement of a funeral procession or military convoy. Any
parade, etc., sponsored by any agency of the federal or state government,
acting in its governmental capacity within the scope of its authority, shall
be required to obtain a permit; however, it shall be exempt from the parade
permit fee and insurance requirements contained herein.
A.
When application must be made. A written application for a permit
for any above-described function on the streets and highways under the jurisdiction
of the Village shall be made by one of the organizers or officers to the Village
Clerk-Treasurer on a form provided by said Clerk-Treasurer no less than 15
days prior to the usage. Application made less than 45 days prior to the day
of the proposed usage must be made in person.
B.
Information required in application. The application shall set
forth the following information regarding the proposed usage:
(1)
The name, address and telephone number of the applicant.
(2)
If the usage is proposed to be conducted for, on behalf
of or by an organization, the name, address and telephone number of the headquarters
of the organization and of the authorized and responsible heads of such organization.
(3)
The name, address and telephone number of the person
who will be responsible for conducting the usage.
(4)
The date when the usage is to be conducted and its duration.
(5)
The assembly area, the starting point, the route to be
traveled and the termination point.
(6)
The number and size of participants or units comprising
the usage.
(7)
If the usage is to be conducted by or for any person
other than the applicant, the applicant for such permit shall file with the
Clerk-Treasurer a communication in writing from the person proposing to hold
the usage authorizing the applicant to apply for the permit on its behalf.
(8)
Any additional information which the Clerk-Treasurer
finds reasonably necessary for a fair determination as to whether a permit
should be issued.
C.
Recommendations of governmental agencies. The Village Clerk-Treasurer
shall submit a copy of the application to the Chief of Police and Director
of Public Works.
A.
Basis for discretionary denial of permit. The application may
be denied if:
(1)
It is for a usage that is to be held on a workday during
hours when and at places where, in addition to the proposed usage, the flow
of vehicular traffic is usually delayed by its own volume.
(2)
It is for a usage that is to be commenced between the
hours of 9:00 p.m. and 9:00 a.m.
(3)
Sufficient usage marshals are not provided as to reasonably
assure the orderly conduct of the usage.
(4)
The proposed route for conducting usage involves a street
or highway under construction or detour route.
B.
Mandatory denial of permit. The application shall be denied if:
(1)
It is made less than 15 days in advance of the time the
usage is scheduled to commence;
(2)
It is for a usage that is primarily for private or commercial
economic gain;
(3)
It is for a usage which would involve violation of federal,
state or local laws relating to use of highways or of other applicable regulations
of the Village;
(4)
The granting of the permit would conflict with another
permit already granted or for which application is already pending;
(6)
More than one assembly area or more than one dispersal
area is proposed; or
(7)
Failure to receive permit under § 84.07(4),
Wis. Stats.
A.
Permit issued unless threat to public safety. The Village Clerk-Treasurer
shall issue a permit to the applicant subject to the foregoing requirements
of this chapter unless the Clerk-Treasurer concludes that:
(1)
The policing of the usage 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 municipality;
(2)
The usage will substantially hinder the movement of police
and fire and other emergency vehicles as to create a substantial risk to persons
and property;
(3)
The conduct of the usage will substantially interrupt
the safe and orderly movement of other traffic contiguous to its route; or
(4)
The usage is so poorly organized that participants are
likely to engage in aggressive or destructive activity.
B.
Grant or denial of permit.
(1)
Time when required. The Village Clerk-Treasurer shall
act as promptly as he reasonably can on all applications for permits after
consulting with other government agencies directly affected and after consulting
with the applicant, if necessary. All applications filed 45 days or more in
advance shall be granted or denied not less than 30 days before the date of
the usage stated in the application. Action on applications filed less than
45 days in advance shall be taken within 15 days after the application is
filed but in no case later than 48 hours in advance of the time applied for.
The Village Clerk-Treasurer shall immediately, by the most reasonable means
of communication, notify the applicant of such action and, if the application
is denied, the reasons for denial of the permit.
(2)
Modification of requested permit. In lieu of denying
a permit, the Chief of Police may authorize the changing of assembly areas
or dispersal areas or the conducting of the usage at a date or time or over
a route different than as applied for in the permit. The applicant or permittee
may accept such modification by immediately notifying the Clerk-Treasurer
or Chief of Police in writing of such acceptance.
A.
Fee. There shall be paid at the time of filing the application for a usage permit a fee as prescribed in Chapter 167, Fees. Schools shall be exempt from the fee.
B.
Charge for increased costs. Where the Village Clerk-Treasurer
determines that the cost of municipal services incident to the staging of
the usage will be increased because of the usage, the Clerk-Treasurer may
require the permittee to make an additional payment into the general fund
of the Village in an amount equal to the increased costs.
The Village Clerk-Treasurer or Chief of Police may revoke a permit already
issued if the official deems 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 major 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 of Theresa and such third parties as may be injured
or damaged, in a 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 municipality and such third parties as may be injured or damaged
thereby, caused by the permittee, its agents or participants.
A.
Usage permit contents. Each usage permit shall state such information
as the Village Clerk-Treasurer shall find necessary to the enforcement of
this chapter.
B.
Copies of usage permit distributed. Immediately upon the issuance
of a usage permit, the Village Clerk-Treasurer shall send a copy thereof to
the following:
A.
Permittee. A permittee under this chapter shall comply with all
permit directions and conditions and with all applicable laws, ordinances
and other regulations of the state and Village.
B.
Participants. No person who leads or participates in any usage
shall disobey or encourage others to disobey this chapter after a law enforcement
officer has directly and presently informed him or her of any of the provisions
of this chapter or the terms of the applicable usage permit.
Prior to issuance of the permit by the Village Clerk-Treasurer, each
permittee shall furnish evidence of a liability insurance policy in amounts
of not less than $100,000 for one person and $500,000 for any one accident
and which shall be in force and effect at the time such usage is to take place.
Said evidence of insurance shall include a certificate of insurance naming
the Village of Theresa as an additional insured in connection with said usage.
