[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.]
GENERAL REFERENCES
Intoxicating liquor and fermented malt beverages — See Ch. 349.
A.
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.
B.
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.
As defined in § 212-2 above.
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.
A.
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.
B.
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:
A.
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.
B.
The name and mailing address of the promoter and/or sponsor of the
gathering.
C.
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.
D.
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.
E.
The nature or purpose of the assembly.
F.
The total number of days and/or hours during which the assembly is
to last.
G.
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.[1]
H.
The maximum number of tickets to be sold, if any.
I.
The plans of the applicant to limit the maximum number of people
permitted to assemble.
J.
The plans for fencing the location of the assembly and the gates
contained in such fence.
K.
The plans for supplying potable water including the source, amount
available and location of outlets.
L.
The plans for providing toilet and lavatory facilities including
the source, number and location, type and the means of disposing of
waste deposited.
M.
The plans for holding, collection and disposing of solid waste material.
N.
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.
O.
The plans, if any, to illuminate the location of the assembly including
the source and amount of power and the location of lamps.
P.
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.
Q.
The plans for camping facilities, if any, including facilities available
and their location.
R.
The plans for security including the number of guards, their deployment,
command arrangements, and their names, addresses, credentials and
hours of availability.
S.
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.
T.
The plans for sound control and sound amplification, if any, including
number, location and power of amplifiers and speakers.
U.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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:
A.
It is for a use which would involve a violation of federal or state
law or any Village or county ordinance.
B.
The granting of the permit would conflict with another permit already
granted or for which application is already pending.
C.
The application does not contain the information or does not properly
satisfy the conditions required by this chapter.
D.
The application is made less than the required days in advance of
the proposed assembly.
E.
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.
F.
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.
G.
The assembly will reasonably create a substantial risk of injury
to persons or damage to property.
H.
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.
