Citations — See Ch. 6.
Beaches and parks — See Ch. 74.
Public entertainment — See Ch. 98.
Intoxicating liquor — See Ch. 114.
ARTICLE ILarge Assemblies (§ 68-1 — § 68-10)
ARTICLE IISmall Assemblies (§ 68-11 — § 68-18)
§ 68-3Maximum number of persons permitted to assemble.
§ 68-4License required; general regulations.
§ 68-5Application for license.
§ 68-6Conditions for issuing license.
§ 68-7Issuance of license.
§ 68-8License contents.
§ 68-9Revocation of license.
§ 68-10Enforcement; violations and penalties.
It is the purpose of the St. Joseph Town Board of Supervisors to regulate the assemblage of large numbers of people, in excess of those normally needing the health, sanitary, fire, police, transportation, parking and utility services regularly provided in the Town of St. Joseph, in order that the health, safety and welfare of all persons in the Town of St. Joseph, residents and visitors alike, may be protected.
As used in this article, the following terms shall have the meanings indicated:
- A company of persons gathered together at any location at any single time for any purpose.
- Any individual natural human being, partnership, corporation, firm, company, association or group.
In recognition of the limited resources of the Town of St. Joseph to provide for the health, safety and welfare of assemblages of large numbers of people and for all persons in the Town of St. Joseph, residents and visitors alike, the maximum number of persons permitted to assemble at any one location or event shall be 5,000.
No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets to an actual or reasonably anticipated assembly of 1,000 or more persons which continues or can reasonably be expected to continue for two or more consecutive hours, whether on public or private property, unless a license to hold the assembly has first been issued by the Town of St. Joseph Board of Supervisors, application for which must be made to the Town Clerk at least 60 days in advance of the assembly.
A license 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.
It shall be the burden of an unlicensed promoter to provide proof that an assembly is not of a size or duration requiring a license under this article. Proof required from an unlicensed promoter of the size of an unlicensed assembly shall be the actual number of people attending the unlicensed assembly.
It shall be the burden of a licensed promoter to provide proof of the actual number of people attending a licensed assembly.
A separate license shall be required for each day and each location at which 1,000 or more people assemble or can reasonably be anticipated to assemble. Such assemblies shall be limited to one day, and only one assembly may be allowed in the Town of St. Joseph in any one calendar month. In no case shall the time between assemblies requiring a license under this article be less than two weeks.
A license shall permit the assembly of only the maximum number of people stated in the license. In order that an event may be properly planned and executed, the licensee must sell or give away tickets. The licensee shall not sell or give away tickets to nor permit to assemble at the licensed location more than the maximum number of people permissible.
Tickets must be sold or given away in advance of the date of the proposed assembly. No tickets shall be sold or given away at the assembly location on the date of the licensed assembly. The licensee must advertise that no tickets will be sold or given away at the assembly location on the date of the licensed assembly and must advertise when the permissible number of tickets have been sold or given away.
A license shall be obtained for an actual assembly of 1,000 or more persons, or a reasonably anticipated assembly of 1,000 or more persons, which continues or can reasonably be expected to continue for two or more consecutive hours at any regularly established place of business in the Town of St. Joseph.
The licensee shall not permit the sound of the assembly to carry unreasonably beyond the enclosed boundaries of the location of the assembly. Live or recorded music, if played, shall be limited to the hours between 10:00 a.m. and 6:00 p.m.
The hours of such assembly shall be limited so as to practically allow time for entry and exodus from the event and area during daylight hours. No assembly shall start before 10:00 a.m. or shall continue beyond 6:00 p.m. or two hours before sunset, whichever is earlier. Gates shall be open to the public at 10:00 a.m.
The applicant, at the applicant's expense, shall inform residents of the Town of St. Joseph of the proposed assembly, of the date and time of the proposed assembly and of the date and time of the Board of Supervisors meeting at which the application for a license will be heard through local media immediately after the time of filing the application for license. The applicant shall notify the Town of St. Joseph residents within 1/2 mile of the proposed assembly location by personal contact within three days after the filing of the application of the date and time of the proposed assembly and of the date and time of the Board of Supervisors meeting at which the application for a license will be considered.
This article shall not apply to assemblies sponsored by the United States of America, the State of Wisconsin, St. Croix County or the Town of St. Joseph.
This article shall not apply to snow skiing (either cross country or downhill) at a ski area located in the Town of St. Joseph.
In the event of dry conditions or a Department of Natural Resources fire warning banning any outside burning, the Town of St. Joseph Fire Chief may prohibit the assembly or require more stringent fire protection than required by this article.
Application for a license to hold an actual or anticipated assembly of 1,000 or more persons shall be made in writing to the Town Clerk of the Town of St. Joseph at least 60 days in advance of such assembly.
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 the 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 an partnership or by all officers of an unincorporated association, society or group or, if there are no officers, by all members of such association, society or group.
The application shall contain and disclose:
The name, age, residence and mailing address and telephone number of all persons required to sign the application in 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 and telephone number of each person holding 10% or more of the stock of said corporation.
The address and legal description of all property upon which the assembly is to be held, together with the name, residence and mailing address and telephone number of the record owner(s) of all such property.
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(s) of such property that the applicant has permission to use such for an assembly of 1,000 or more persons.
The nature and/or purpose of the assembly.
A statement regarding the applicant's past experience in maintaining, promoting, conducting, organizing, managing and/or financing assemblies of 1,000 or more persons and, in addition, a statement of all assemblies maintained, conducted, promoted, organized, managed or financed by the applicant in the preceding five years, including:
The location, size and nature of each event and whether it took place as promoted.
Security measures employed.
Site preparation and cleanup activities.
Parking and traffic control measures instituted.
Its performance of financial obligations.
A description of audience activity or conduct and municipal code violations, if any, which occurred at or incidental to the event.
A list of governmental agencies licensing or approving such assemblies.
The application shall include the bond, insurance policy and license fee required by this article.
Before he may be issued a license, the applicant shall first:
In conjunction with the Town of St. Joseph Fire Chief, Town of St. Joseph Constable, St. Croix County Sheriff, County Highway Patrol and County Zoning Administrator, determine the maximum number of people who will be assembled or admitted to the location of the assembly, provided that the maximum number shall not exceed either the maximum number of persons who can reasonably assemble at the location of the assembly in consideration of the nature of the assembly or 5,000 people, whichever is less.
Provide proof in written form that the applicant will furnish, at the applicant's expense, before, during and after the assembly, the following:
A fence completely enclosing the proposed location, of sufficient strength and height to prevent people in excess of the maximum number permissible 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.
Potable water, meeting all federal and state requirements for purity, sufficient to provide drinking water for the maximum number of people to be assembled, at the rate of at least one gallon per person. There shall be one fountain per 500 people conveniently located throughout the grounds of the assembly.
Separate enclosed toilets 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 250 persons, 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 sink with running water under pressure and a continuous supply of soap and paper towels or air dryers shall be provided with each toilet.
A sanitary method of disposing of solid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste, together with a plan for holding and a plan for collecting all such waste. Sufficient trash cans with tight-fitting lids and personnel to perform the task of collection shall be provided. Waste must be collected along designated traffic routes within one mile of the assembly and on the grounds of the assembly and parking lot at least once during the day of the event and at the completion of the assembly.
Medical personnel licensed to practice in Wisconsin to provide medical care for the maximum number of people assembled at the rate of two (field triage trained) physicians per 2,000 persons or fraction thereof, a two-to-one ratio of registered nurses to physicians and three licensed emergency medical technicians per 1,000 persons or fraction thereof, together with an enclosed covered structure on the grounds of the assembly where treatment may be rendered containing separately enclosed treatment rooms for each physician, and at least one emergency ambulance, separately staffed and available for use at all times, for each 2,500 persons, or fraction thereof, assembled. Malpractice insurance coverage of medical personnel shall be required. Malpractice insurance shall be provided for medical personnel not otherwise covered.
A traffic control and circulation plan with provisions for, but not limited to, signing roads, parking of vehicles, prohibiting parking along roadways, emergency vehicle traffic, impoundment lots, towing vehicles and prohibition of pedestrian traffic. Such traffic plan shall be approved by the Board of Supervisors and county traffic officials.
A parking area, inside the assembly location and free of charge, sufficient to provide parking for the maximum number of people to be assembled at the rate of one parking space for every four persons. Parking along public and private roads outside of the enclosed assembly location before, during and after the assembly shall be prohibited. The applicant shall make arrangements to tow illegally parked vehicles to an impoundment lot which shall be guarded. The applicant shall advise ticket recipients that no pedestrian traffic will be allowed along public or private roadways and that illegally parked vehicles will be towed. Parking and pedestrian restrictions shall be printed on the tickets.
Pay 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 2,500 persons or fraction thereof.
Plans for external and internal security shall provide for security guards, either regularly employed, duly sworn, off-duty Wisconsin peace officers or private guards, licensed and bonded in Wisconsin, sufficient to provide adequate security for the maximum number of people to be assembled. Plans for internal and external security must state the number of and deployment of security personnel and their names, addresses, phone numbers, credentials and hours of availability.
The applicant shall provide a plan for external law enforcement and security to provide adequate security for the Town of St. Joseph and its residents. The plan shall be approved by the St. Joseph Town Board of Supervisors and the County Sheriff. Perimeters of assembly shall be patrolled by required security personnel to prevent people in excess of the maximum number permissible from gaining access to assembly grounds and to ensure that adjoining private property is not harmed.
Adequate internal security for the maximum number of people to be assembled at the rate of at least four per 1,000 persons or fraction thereof shall be provided.
Fire protection, including number, type and location of alarms, extinguishing devices, fire lanes and escapes, sufficient to meet all state, county and local standards for the location of the assembly as set forth in the Wisconsin Administrative Code and ordinances of this municipality and sufficient trained and accredited fire personnel to efficiently operate the required equipment. The applicant shall supply names, addresses and telephone numbers and credentials for fire personnel.
All reasonably necessary precautions to ensure that the sound of the assembly does not carry beyond the enclosed boundaries of the location of the assembly. Plans for sound control and sound amplification, if any, including number, location and power of amplifiers and speakers, shall be provided by the applicant.
Plans for food concessions and such other concessions as may be allowed to operate on the grounds, including the names, residence and business addresses and telephone numbers of all concessionaires and their license and/or permit numbers. Food and beverage booths shall comply with food handling health regulations as determined by federal, state and local laws and regulations.
Tickets to the event shall be printed by a bonded ticket printer. All tickets must be consecutively numbered. The licensee shall account for unsold tickets. Ticket sales must be reported to the Town Clerk twice weekly to within one week of the event and daily thereafter. The applicant shall provide the name, address and telephone number of the ticket printer. The purpose of this subsection is to ensure that the licensee/applicant has complied with § 68-4D and this section by providing sufficient sanitary facilities, medical personnel, security guards, etc., to comply with the requirements of this article.
The applicant shall provide proof of financial soundness and ability to pay for expenses incurred in promoting and conducting the event. The applicant shall provide a bond, either in cash or underwritten by a surety company licensed to do business in Wisconsin, to be filed with the Town Clerk. The amount of the bond shall be determined by consideration of the applicant's financial soundness and anticipated costs of the event.
The applicant shall provide a bond, either in cash or underwritten by a surety company licensed to do business in Wisconsin, to reimburse the town for unusual and/or extraordinary costs incurred by the town which might arise by reason of granting the license and promotion and conduct of the assembly. Proof of expenses incurred by the town, or notice of intent to file such proof, shall be submitted within 60 days following the event to the applicant or bonding company. The amount of the bond shall be negotiated between the applicant and Town Board of Supervisors, giving consideration to the nature and size of the event.
Prior to the time of granting the license, the applicant shall provide a copy of a single limit liability insurance policy in the amount of $1,000,000, covering bodily injury, property damages and personal injury (including Coverages A, B and C), naming the Town of St. Joseph, St. Croix County, Wisconsin, its agents, servants and employees as an additional insured. Such policy shall be written by an agent licensed to do business in Wisconsin through a company having an A-plus rating in Best's Guide.
The applicant shall provide a copy of an insurance policy which will cover expenses incurred in the event that the assembly is canceled or postponed by either the applicant or the Town of St. Joseph.
The applicant, on occasion of filing his application for such license, shall submit evidence that he has complied with any and all local, county, state and federal laws and regulations regulating the gathering of large numbers of people, and specifically that he has complied with fermented malt beverage and intoxicating liquor license requirements and obtained such licenses.
The applicant shall provide a centralized office or information booth with a telephone at the assembly location to provide information regarding tickets, water, food, telephone locations, etc., and as an emergency contact center.
The application for a license shall be processed within 45 days of receipt by the Town Clerk, and the license shall not be issued until the Town Board of the Town of St. Joseph has approved the license and the applicant has filed written proof of compliance with the requirements for issuance of the license.
In consideration of the nature of the proposed assembly, the Town Board may require that the applicant comply with other conditions in order to protect the health, safety and welfare of those assembled and of all persons in the Town of St. Joseph, visitors and residents alike.
Any license issued under this article is subject to the applicant's compliance with the conditions of this article and subject to the applicant's compliance with all other conditions required by the Town Board of the Town of St. Joseph at the time of approval.
The license shall contain the name of the licensee, the licensee's home and business addresses and home and business telephone numbers, the date, time and location of the assembly, the maximum number of people allowed to assemble and all other conditions required by the Town Board of the Town of St. Joseph with which the licensee must comply.
This license may be revoked by the Town Board of the Town of St. Joseph at any time if any of the conditions necessary for issuing the license or contained in the license are not complied with or if any condition previously met shall cease to be complied with.
This article may be enforced by an injunction by any court of competent jurisdiction, and any holding of an event in violation of this article shall be deemed a public nuisance and may be abated as such.
Penalty. Any person, firm or corporation who or which violates any of the provisions of this article shall, upon conviction thereof, be required to pay forfeiture of not less than $1,000 nor more than $5,000 and the costs of prosecution. Each violation of any condition of this article shall constitute a separate offense.
§ 68-13Permit required; general regulations.
§ 68-14Application for permit.
§ 68-15Revocation of permit.
§ 68-16Violations and penalties; fees.
§ 68-18Effect on other laws.
It is the purpose of this article to preserve, protect and maintain public peace and good order within the Town of St. Joseph and to preserve and protect the health, safety and welfare of residents and visitors to the town by regulation and thereby minimizing or preventing the potential adverse impacts of small assemblies. It is not the purpose of this article to regulate family gatherings, church socials and receptions.
As used in this article, the following terms shall have the meanings indicated:
- SMALL ASSEMBLY
- Any public gathering where more than 250 and fewer than 1,000 people at any one time congregate at any location or event, where the event is scheduled to extend for a period of time of three hours or more, within the limits of the Town of St. Joseph.
No person, firm or corporation shall conduct, or cause to be conducted, a small assembly without first obtaining a permit from the Town Board of the Town of St. Joseph. Such an event may include, but is not limited to, a circus, carnival, rodeo, show, exhibition, flea market or similar event.
No event or assembly shall exceed two days in duration without approval by the Town Board.
No person, firm or corporation shall conduct or cause to be conducted a small assembly which cannot be contained within the normal structure on the premises of an established business without first obtaining a permit from the Town Board.
The Town Board may use the following criteria when issuing the permit but may not limit its decision solely to these items:
Adequate insurance liability.
Provisions for traffic control and/or parking.
Solid waste disposal and other sanitary facility issues.
Adequate indoor shelter and/or fencing to adequately contain the gathering on the premises.
Adequate police, fire and/or security protection, including first aid facilities.
Adequate provisions to prevent the serving of alcohol to minors.
Any other considerations the Board deems necessary to preserve the health, safety and welfare of the town residents.
During its findings, the Board may place conditions on the issuance of the permit in order to protect the health, safety and welfare of the town residents.
The permit is not transferable from one person to another or from one premises to another.
The permit is valid for a single event. Annual events will require a new permit each year.
The applicant will allow the Town Board, Town Building Inspector, Town Fire Chief or their designees to enter the assembly premises or area at all reasonable hours for the purpose of enforcing this article and verifying compliance with any permit issued pursuant to this article.
Application for a permit under this article shall be made to the Town Clerk of the Town of St. Joseph at least 20 days prior to the date of the event. An official application must be obtained from the Town Clerk. The Town Board may waive the time limit if the applicant can show hardship to the satisfaction of the Board.
The application shall include the name, address and telephone number of the applicant. In addition, the applicant shall state the nature and purpose of the event, the time, date(s), hours, duration and location of the event, estimate of the number of attendees anticipated, provisions for traffic movement, provisions for security, provisions for sanitary facilities and provisions for solid waste disposal.
The applicant, at the time of filing the application for such permit, shall submit evidence that the applicant has complied with any and all local, county and state laws and regulations with regard to the small assembly.
Applicants anticipating an assembly of 1,000 or more persons during the proposed event shall comply with the Large Assembly Ordinance adopted by the Town of St. Joseph and St. Croix County.
Prior to granting the permit applied for, the Town Board may require the applicant to provide a bond or other proof of the ability of the applicant to pay any costs incurred by the Town of St. Joseph which might arise by reason of the granting of the permit.
Prior to the time of granting the permit applied for, the Town Board may require the applicant to provide a single limit liability insurance policy covering bodily injury, property damages and personal injury, Coverages A, B and C, naming the Town of St. Joseph, St. Croix County, Wisconsin, as an additional insured, of up to the amount of $1,000,000.
The permit may be revoked by the Town Board of the Town of St. Joseph at any time if the conditions necessary for issuing of or contained in the permit are not complied with or if any condition previously met shall cease to be met with.
If any permit is revoked, the Town Board will provide a written order revoking said permit and stating the reasons for the revocation. Notice will be given to applicant via the following procedures:
If revocation notice can be issued greater than five days from the beginning date of the event, notice will be sent via certified mail with return receipt.
If revocation notice is to be issued within five days of the beginning of the event, the applicant will be personally served with notice.
If a permit is revoked, the applicant can request that the Town Board conduct a hearing to review the application allowing the applicant the opportunity to present information on why the permit should not be revoked.
Any person, firm or corporation violating any of the provisions of this article or knowingly aiding or abetting another in the violation thereof shall, upon conviction, pay a forfeiture as set by the Town Board of not less than $100 nor more than $5,000 per incident and the costs and attorney fees in prosecution, with each day in violation of this article constituting a separate offense subject to the provisions of Subsection B of this section.
The amount of forfeiture and costs shall be as set forth in Chapter 6, Citations, and shall be subject to annual review.
Fees. There shall be no fees for obtaining the small assembly permit.
This article may also be enforced by an injunction issued by any court of competent jurisdiction, and any holding of an event in violation of this article may be deemed a public nuisance and may be abated as such.
The provisions of this article shall be cumulative to any other laws, regulations or rules now or hereafter in effect in the county.