[Adopted 9-10-2008 by Ord. No. A-194]
The streets in possession of the Village of Blue Mounds are
primarily for the use of the public in the ordinary way. However,
under proper and uniform circumstances, special street use may be
permitted, subject to reasonable municipal regulation and control.
Therefore, this article is enacted to regulate and control the use
of streets for purposes other than ordinary uses, pursuant to a street
use permit to protect and maintain the health, safety and general
welfare of the public and the good order of the Village.
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any public way, street, highway, sidewalk, terrace, alley,
or public square. For purposes of this article, a bicycle path or
bicycle way shall also be considered a street.
The Village of Blue Mounds.
A written application for a street use permit by persons or
groups desiring the same shall be made on a form provided by the Village
Clerk/Treasurer and shall be filed with the Village Clerk/Treasurer.
The application shall set forth the following information regarding
the proposed street use:
A.
The names, address, and telephone number of the applicant or applicants.
The applicant shall be the event sponsor. If the application is being
filed by someone else on behalf of the event sponsor, that person
shall also provide their name, title, address, and phone number.
B.
In addition to the information required in Subsection A above, if the applicant is not an individual, the full name and business or headquarters address of the organizational entity shall be provided. If the applicant is a corporation, limited liability company, or limited partnership, the name and address of the registered agent shall also be provided. If the entity is a general partnership, the name and address of at least one general partner shall be provided.
D.
The exact date or dates, beginning and ending times for which the
requested use of the street is proposed to occur, including setup
and teardown times. If an event sponsor requests identical street
closures for the same location for more than one occasion or event
within a twelve-month period, each event may be included on a single
application.
E.
An accurate description of that portion of the street proposed to
be used.
F.
The estimated number of persons for whom use of the proposed street
area is requested. If the estimated number of persons in attendance
exceeds 50, an additional officer may be required at applicant's
expense.
G.
The proposed use of the street, described in detail, including a
description of all activities planned during the street use such as
vending, music, selling of food or alcohol beverages, location and
use of tents, stages, or other equipment, and a detailed plan for
cleanup after the event.
H.
A detailed plan for steps to be taken to prevent vehicular traffic
from going through the area and the steps for creating a detour for
the cars and steps that will be done to ensure the security of not
allowing underage people in the fenced in area.
I.
A description of any recording or sound amplification equipment to
be used in connection with the street use.
J.
A designation of any public facilities or equipment to be utilized.
K.
Any additional information that may be needed to determine whether
a permit should be issued.
A.
An application to close three or more blocks; or to close a street
or streets which will require substantial rerouting of vehicular traffic;
or which shall be longer than one day, must be submitted not less
than 60 days prior to the beginning date of the proposed event.
B.
An application to close less than three blocks shall be submitted
not less than 14 days prior to a regular Village Board meeting.
A.
Before any application for a street use permit is considered by the
Village Board, the application shall be reviewed by the Officer in
Charge for his or her recommendation as to the effect that the temporary
closing of the street will have on the public safety in the area during
the time the street may be closed. Likewise, before any application
is considered by the Village Board, the application shall be reviewed
by the Officer in Charge and Director of Public Works for their recommendation
as to the affect that the temporary closing of the street will have
on traffic, movement in the area during the time the street may be
closed. Applications shall then be reviewed at the next regular Village
Board meeting. The Village Clerk/Treasurer shall issue the permit
after approval of the Village Board.
B.
Representative at meeting. The person or representative of the group
making application for a street use permit shall be present when the
Village Board gives consideration to the granting of such street use
permit to provide any additional information which is reasonably necessary
to make a fair determination as to whether a permit should be granted.
If the applicant requests permission to sell beer or wine on
a public street, the applicant shall submit an application for temporary
Class "B"/"Class B" retailer's license to the Village Clerk/Treasurer
and follow the requirements under § 125.26(6) or 125.51(10)
Wis. Stats. Business establishments that hold a current "Class B"
liquor license or Class "B" beer license must amend their existing
license to include area requested.
The use of sound-amplification equipment may be approved as
part of the street use permit, except that the use of sound amplification
equipment and music may only be approved between 10:00 a.m. and 12:00
a.m.
Applicant shall make a reasonable attempt to notify all residences
and businesses that may be impacted in the area included in the street
use permit. Evidence of this notification may be required by the Village
Board.
Each application for a street use permit shall be accompanied
by a nonrefundable permit fee as established by resolution of the
Village Board and posted in the office of the Village Clerk/Treasurer
to be paid at the time the street use permit application is submitted.
If the application is for more than one event within a twelve-month
period, a permit fee is due for each event. The application fee includes
the administrative costs of processing the application. Any additional
costs for the use of Village equipment or staff time will be estimated
at the time of approval of the permit. Those estimated costs must
be paid prior to the issuance of the permit. The applicant shall agree
to pay, within 20 days of billing, for any additional actual costs
incurred by the Village by the occasion of the event and its participants.
The following standards established within this section, in
addition to any other mandatory requirements, shall govern the issuance
of street use permits. In the case of a street use permit requested
solely to facilitate access to an event occurring off the street,
the "event" for purposes of these standards shall be those activities
reasonably expected to take place within the street(s) to be closed.
A street use permit shall be issued to an applicant unless:
A.
The time and size of the event would substantially interrupt the
safe and orderly movement of pedestrian and vehicular traffic in the
vicinity of the event's location;
B.
The concentration of persons at the event would unduly interfere
with proper fire and police protection of, or other emergency service
to or through, the event or to areas adjacent to the event's
location;
C.
The estimated number of participants or the size or type of event
equipment is not sufficient to close a street and there is an alternative
channel of communication available;
D.
Another street use permit has already been granted for substantially
the same time and location;
E.
The size or time of the event would require so great a diversion
of Village police, fire and other emergency staff as to prevent normal
protection of the Village or to prevent adequate protection at another
previously scheduled event, whether or not that event has been issued
a street use permit or other permit from the Village;
F.
The event is reasonably likely to cause injury to persons or property
and there is inadequate planning for crowd control of participants;
G.
Adequate sanitation or other necessary health facilities will not
be available at the event;
H.
There is an insufficient number of parking places within a reasonable
distance or inadequate alternative parking or transportation options
to accommodate the number of vehicles expected;
I.
The time, size or nature of the event is incompatible with the normal
activity at that location so as to impermissibly intrude on the comfort
and convenience of the residents;
J.
The proposed use or event will have a significantly adverse environmental
impact;
K.
The applicant has provided fraudulent information on the application;
L.
The applicant has an outstanding balance owed to the Village for
unpaid fees for actual costs of equipment or services related to a
previous street use permit; or
M.
The proposed street use does not comply with the following minimum
safety restrictions:
A.
The requirement of insurance shall be determined according to objective
standards including, but not limited to, the size and nature of the
event, the number of expected participants, and the potential for
physical injury or property damage caused by participants.
B.
If insurance has been determined to be required for an event under Subsection A above, the applicant shall furnish a certificate of commercial general liability insurance to the Village Clerk/Treasurer with the Village of Blue Mounds, its employees and agents as additional insured. The insurance shall include coverage for contractual liability with minimum limits of $1,000,000 in the aggregate. The certificate of insurance shall provide a 30 days' written notice to the Village upon cancellation, nonrenewal, or material change in the policy. If insurance is required for the event, the applicant shall provide the certificate of insurance described above no less than five days prior to the event.
A street use permit for an event in progress may be terminated
by the Officer in Charge, Fire Chief, or designee if termination is
a reasonable and necessary response in the face of imminent danger
or threat to public safety, if the safety of the public is imminently
endangered by activities generated during the event, if the participants
engage in violent or destructive behavior causing injury to persons
or damage to property, or if there is a violation of any condition
of the permit such that the standards of issuance are no longer met.
Before the street use permit expires, the applicant shall be
responsible to return the street to the condition that existed prior
to the event or activity. In the event the applicant fails to restore
the area to good condition, the Village shall perform the work and
will send a bill to the applicant for the cost of Village staff and
equipment used for that work.
Any person violating any provision of this section shall be liable for a forfeiture as provided in § 1-3 of the Village Code:
A.
Hold, sponsor, initiate, commence, or be in charge of any activity
for which a street use permit is required without having been issued
a valid street use permit for said activity.
B.
Violate any condition placed upon a street use permit; encourage
others to do the same; or, as the applicant or sponsor of an event
for which a street use permit has been issued, permit or allow a violation
of a condition of the permit. The applicant or sponsor is considered
to have permitted or allowed a violation of a condition if the applicant
or sponsor was issued a permit with the conditions listed, or a letter
thereto, and a violation of any listed condition occurs during the
event.
C.
Provide false or inaccurate information on a written application
for a street use permit.
D.
Knowingly participate in an activity for which a street use permit is required without a valid street use permit having been granted or after a permit has been terminated pursuant to § 321-38 above.
E.
Violate any other section of this article.
