Town of St. Joseph, WI Chapter 68 Assemblies and Event Plans

[HISTORY: Adopted by the Town Board of the Town of St. Joseph 8-11-2022 by Ord. No. 2022-02.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance repealed former Ch. 68, Assemblies, comprised of Art. I, Large Assemblies, adopted 4-9-2014 by Ord. No. 2014-1; and Art. II, Small Assemblies, adopted 2-6-1997, as amended.

Article I Purpose; Definitions

§ 68-1 Purpose.

It is the purpose of this chapter 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 assemblies. It is not the purpose of this chapter to regulate family gatherings, church socials and receptions.

§ 68-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AMPLIFIED SOUND

Any sound or noise which is increased in volume or intensity by means of electrical power, including but not limited to speakers, amplifiers, megaphones, or other sound technology.

ASSEMBLY

A temporary gathering of people for entertainment or amusement purposes/activities organized, produced, or sponsored by a person, which: (1) is not ordinarily conducted on a daily or regular use basis as a lawful use of the premises upon which the assembly is to occur; (2) the assembly cannot be held completely within the confines of an existing building on such premises or the number of persons attending the assembly at any one time is reasonably anticipated to exceed the maximum occupancy of the building in which the assembly will occur on the property; or (3) the number of persons attending the assembly is greater than 250 persons and less than 3,500 persons. Such assemblies include, but are not limited to, festivals, carnivals, athletic or contest tournaments, circuses, concerts, picnics and fairs.

PERSON

Any individual natural human being, partnership, corporation, firm, company, business, association, organization, or group.

TOWN

The Town of St. Joseph.

TOWN BOARD

The Town Board of Supervisors of the Town of St. Joseph.

Article II Assemblies

§ 68-3 General regulations for an assembly.

A. Maximum attendance.

(1) In recognition of the limited resources of the Town of St. Joseph to provide for the health, safety, and welfare of assemblies 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 determined by the capacity of the location venue and the event operating plan, but shall not exceed more than 3,500 individuals.

(2) An assembly license shall specify the maximum number of people to attend the assembly. The Town Board, in consultation with the applicant, the Town Fire Chief, St. Croix County Sheriff, and Wisconsin State Highway Patrol, shall determine the maximum number of people the Town can safely handle in terms of pedestrian and vehicular traffic for the particular assembly site and the Town's ability to provide the necessary public services to event participants while at the same time providing normal public services for Town residents.

(3) The license holder shall not sell tickets to, nor allow the attendance of, more people at the assembly at any time than is allowed in the license. If tickets are sold or advertising done before a license is granted under this section or before all conditions of a license have been satisfied, such tickets shall include a statement that "the occurrence of the (assembly) remains subject to the approval of the Town of St. Joseph."

B. Duration and hours of operation. The duration of any assembly shall not exceed five consecutive days. 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 8:00 a.m. or shall continue beyond 10:00 p.m.

C. Licensee's responsibility and financial security for costs incurred by the Town related to the assembly.

(1) An assembly licensee and the owner of property on which the licensed assembly occurs shall be responsible for reimbursing the Town for any additional costs the Town incurs relating to the assembly.

(2) The licensee shall pay an application fee to apply for an assembly permit.

(3) The licensee shall provide financial security, either a cash deposit or letter of credit in form approved by the Town Attorney, to reimburse the Town for unusual and/or extraordinary costs the Town may incur relating to the assembly. Such costs include, but shall not be limited to, law enforcement, emergency medical, fire protection, solid waste collection, sanitary services, Town road repair/cleanup, or other services. The amount of the letter of credit or cash deposit shall be determined by the Town Board, based upon consideration of reasonable estimate of such costs that are likely to be incurred. The licensee shall pay the Town for such costs within 10 days of the date of the Town's itemized invoice to the licensee for such costs. Failure to pay within 10 days shall entitle the Town to draw on the letter of credit or the cash deposit to pay the same. If the licensee or property owner fails to pay all the Town's costs, any costs beyond the cash deposit or letter of credit shall be a debt to the Town by the licensee and the owner of the property on which the assembly occurred. Such debt plus costs of collection and actual attorney fees shall be collectible by the Town in an action at law. Alternatively, any such debt shall constitute a special charge under § 66.0627, Wis. Stats., which shall become a lien against the property on which the assembly occurred to be placed upon the tax roll for such premises.

D. Liability insurance. No later than 30 days before the assembly, the applicant shall provide a certificate of insurance written by a company licensed in the State of Wisconsin, approved by the Town Attorney and covering any and all liability, obligations, or claims which may result from the operations by the applicant's employees, agents, contractors or subcontractors and including workers compensation coverage in accordance with Wisconsin Statutes Chapter 101. The certificate shall provide that the company will furnish the Town with a ten-day prior written notice of cancellation, nonrenewal or material change. The insurance shall be written in comprehensive form and shall protect the applicant and the Town against all claims arising from injuries to participants, members of the public, or damage to property of others arising out of any act or omission of the applicant, its employees, agents, contractors, and subcontractors. The policy of insurance shall provide a minimum for bodily injury and property damage of at least $1,000,000 per 1,000 persons per occurrence/aggregate or fraction thereof, plus an umbrella insurance policy of $1,000,000 per 1,000 persons or fraction thereof, both of which shall name the Town, its officers, agents, and employees as additional insureds under the policy on a primary and noncontributory basis.

E. Indemnity. The assembly license application shall contain a statement that: "The applicant agrees to indemnify and hold the Town, its agents, officers, servants, and employees harmless from and against any and all liabilities, damages, claims, 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, business entity, or corporation, arising in any way as a consequence of the granting of a license for an assembly." No license may be issued unless the applicant has agreed to the terms of this statement on the written application.

F. Adjustments/exceptions/additional requirements. The Town may adjust or grant an exception from one or more requirements of this article if the applicant presents facts demonstrating that, due to the time, place, and manner of the proposed assembly, the requirement(s) either does not apply, is not necessary to protect the public health, safety, and welfare, or that an adjustment is necessary to protect the public health, safety, and welfare. The Town Board may require that the applicant comply with other requirements than those specified in this chapter if, due to unique circumstances of the proposed assembly, the Town Board determines that such requirements are necessary 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 such adjustment, exception, or additional requirement must not be related to the content of the assembly, but must be designed to address the public health, safety, and welfare considerations identified in this chapter.

§ 68-4 License required; exemptions; license fees and administrative deposits.

A. Any person intending to hold, produce, or sponsor an assembly or event of 250 or more persons but less than 3,500 persons, whether on public or private property, shall obtain an assembly license approved by the Town Board pursuant to the terms and conditions of this chapter before holding of such assembly.

(1) A person intending to hold an assembly which does not require a license under this chapter shall provide proof that an assembly is not of a size requiring a license under this chapter. Proof required of the size of an unlicensed assembly shall be the estimated or anticipated maximum attendance.

(2) A licensed promoter shall provide proof of the actual number of people attending a licensed assembly.

B. Exemptions. This chapter shall not apply to:

(1) Any regularly established place of worship, stadium, athletic field, arena, auditorium, coliseum, or other permanently established place of assemblies of people for which it is reasonably anticipated that the number of persons attending will not exceed the maximum seating capacity of the structure where the assembly is held as provided in the Life Safety Code NFPA 101, and where the assembly is not anticipated to generate substantially more than the average traffic or patronage as a result of its regular and average use.

(2) Assemblies occurring on Town property and governed by contract with the Town.

(3) An assembly license or event plans are not required for the conduct of public general or special elections or primaries in the Town.

C. Separate license for each venue. A separate license shall be required for each location if the location venue changes; otherwise, only a single license shall be required.

D. License fees and administrative review deposit. The application fee and administrative review deposit for an assembly license shall be set by Town Board resolution and shall be nonrefundable. The Town shall keep records of costs incurred in reviewing the application. Any amount of the review deposit not spent shall be returned to the applicant.

§ 68-5 Application for license and fee.

A. Filing deadline. Application and event plan for a license to hold an actual or anticipated assembly of more than 250 persons but less than 3,500 persons shall be made in writing to the Town Clerk/Treasurer of the Town of St. Joseph at least 60 days in advance of such assembly. The Town strongly encourages applicants to file applications more than 60 days in advance so that the Town has sufficient time to plan for any additional law enforcement, fire, or other public services support that may be required for the assembly.

B. An event plan shall be submitted for individual assembly or event. Event plans can also be submitted on an annual basis when more than one assembly or event is planned for the same location so long as each assembly or event has a full and separate event plan presented for it. Annual event plans shall be submitted for Town approval each year.

C. Notice to Town residents of the proposed assembly. The Town Clerk/Treasurer, at the applicant's expense, shall, by mail, inform residents of the Town of St. Joseph of the proposed assembly or event, of the date and time of the proposed assembly or event, and of the date and time of the Town Board meeting at which the application for a license will be heard. The applicant shall provide stamped envelopes with the addresses of all landowners within 1/2 mile of the proposed assembly location to be mailed by the Town Clerk/Treasurer. If the applicant does not provide, applicant must agree to pay for staff time and postage costs.

D. Application under oath. 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 the primary officer or manager in the case of a corporation or other business entity, by a general partner in the case of an partnership, or by the primary officer of an unincorporated association, society, or group or, if there are no officers, by all members of such association, society, or group.

E. Contents of application. The application shall contain and disclose:

(1) The name, address, and home and business telephone numbers of the authorized representative(s) of the applicant who shall be responsible for the conduct of the assembly and who shall be on-site and available to the Town during the assembly for all communications and necessary contacts.

(2) The name, residence and mailing address of all persons required to sign the application and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, residence and mailing address of the primary officers of the corporation.

(3) 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.

(4) Proof of ownership of all property upon which the assembly is to be held. If the assembly or a portion of the assembly is held on a site or property which the applicant does not own, the property owner shall sign the application and if the license is granted, the assembly sponsor and the property owner shall be named as licensees on the license and shall be responsible for conducting the assembly in compliance with all applicable laws, county and Town ordinances, and any conditions of the license.

(5) A description of the proposed assembly. This description must include hours of operation and estimated or anticipated maximum attendance.

(6) Prior assemblies held by applicant. A statement regarding the applicant's past experience in maintaining, promoting, conducting, organizing, managing, and/or financing assemblies of more than 250 persons but less than 3,500 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:

(a) The location, size, and description of each event and whether it took place as promoted.

(b) Municipal code violations, if any, which occurred at or incidental to the event.

(c) A list of governmental agencies licensing or approving such assemblies.

(7) Written operations plans and proof of compliance with all items and conditions for issuing the license as specified and required by § 68-6 below. Such proof shall be confirmed by the Town Board.

(8) The application shall include the cash deposit or letter of credit, insurance policies, and license fee required by this chapter.

(9) Fees. Fees for the assembly shall be set by resolution by the Town Board.

§ 68-6 Requirements for event plan.

A. The applicant must submit an event plan showing that the applicant will furnish, at the applicant's expense, before, during, and after the assembly, all of the following:

(1) Fencing. 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.

(2) Potable water. 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 1,000 people conveniently located throughout the grounds of the assembly.

(3) Sanitary facilities. 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 complies with all state and local laws and regulations. Hand sanitizers or 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.

(4) Solid waste disposal. 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. Containers for collecting recyclable materials shall also be provided.

(5) Medical services. Applicant to supply adequate medical coverage plan for size of assembly and be subject to Town Board, Fire Chief, and EMS review and approval.

(6) Traffic control plan. 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 Town Board and county traffic officials.

(7) Parking. A parking area plan, 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 one side of Town public roads is permitted temporarily but not overnight. Parking will be permitted two hours previous and two hours after conclusion of the event. Roads to be posted with temporary signage by event holder.

(8) Telephones/communications. A communication plan utilizing cellular telephones or other communication devices necessary to report or manage incidents and notify the appropriate parties to the incident (i.e., fire, EMS, ambulance).

(9) Law enforcement security.

(a) 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.

(b) Plans for internal and external security must state the number of and deployment of security personnel. Adequate internal security for the maximum number of people to be assembled at the rate of at least four per 1,000 persons and an additional two per each additional 500 persons to be assembled.

(c) The plan shall be approved by the Town Board and the County Sheriff. Perimeters of the 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.

(10) Fire protection. 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. 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 chapter.

(11) Sound control. Plans for sound control and amplified sound, if any, including number, location, and power of amplifiers and speakers, shall be provided by the applicant. When live music or motorized sport of any kind will be conducted, played, or broadcast out of doors on the premises during the event, the event plan shall state the hours during which such activity will occur, whether there will be amplified sound and shall verify that no event-related sound will be reasonably audible before 10:00 a.m. or after 10:00 p.m. on the day of the event.

(12) Concessions/food. 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 and trucks shall comply with food handling health regulations as determined by federal, state, and local laws and regulations.

(13) Proof of compliance with all applicable laws. The applicant shall submit evidence showing compliance with any, and all, local, county, state and federal laws and regulations regulating the gathering of large numbers of people, including, but not limited to, compliance with fermented malt beverage and intoxicating liquor license requirements.

(14) Central information and emergency contact center. At the assembly location, the applicant shall provide a centralized office or information booth with a telephone to provide information regarding tickets, water, food, telephone locations, etc., and to serve as an emergency contact center.

§ 68-7 Issuance of license.

A. Application processing time. The application for a license shall be processed as quickly as possible, but within no more than 60 days after receipt by the Town Clerk/Treasurer unless otherwise agreed to by the applicant and the Town Board or the Town Board's designee. The license shall not be issued until the Town Board has approved the license and the applicant has filed written proof of compliance with the requirements for issuance of the license.

B. After approval, the Town shall distribute the event plan to the area fire department, first responder's department, St. Croix County Sheriff's department and dispatch.

§ 68-8 License contents.

The license shall contain the name of the property owner and the licensee, their 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.

§ 68-9 Denial and/or revocation of license.

The Town Board may deny or revoke a license if the application fails to meet the requirements of this chapter or if any of the requirements or 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. If the Town Board denies or revokes a license it shall provide to the applicant the Town Board's reasons for such denial or revocation. Within five days of receipt of such denial or revocation, the applicant may request a hearing on such denial/revocation before the Town Board. If, after the hearing, the Town Board affirms its denial or revocation, the applicant may seek review of the Town's decision in Circuit Court.

§ 68-10 Enforcement; violations and penalties.

A. This chapter may be enforced by an injunction by any court of competent jurisdiction, and any holding of an event in violation of this chapter shall be deemed a public nuisance and may be abated as such.

B. Penalty. Any person, firm or corporation who or which violates any of the provisions of this chapter 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 chapter shall constitute a separate offense.

§ 68-11 Severability.

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid, the remainder of the chapter shall not be affected thereby.