[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 7, Ch. 10,
of the 2000 Code]
A.
Purpose. The Village of East Troy 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, marathons, bicycle races, etc., which do not
substantially interfere with the public's right to travel on
such streets and highways. This article 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.
B.
HIGHWAY or STREET
PROCESSIONS, PARADES, RUNS, WALKS, MARATHONS, BICYCLE RACES,
ETC.
Definitions. As used in this article, the following terms have the
meanings indicated:
Has the meaning set forth in § 340.01, Wis. Stats.,
and also includes areas owned by the Village of East Troy 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 by this article.
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.
C.
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 on a form provided by said Village
Clerk 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.
[Amended 12-16-2019 by Ord. No. 2019-18]
D.
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 Village
Clerk a communication in writing from the person proposing to
hold the usage authorizing the applicant to apply for the permit on
his/her or its behalf.
[Amended 12-16-2019 by Ord. No. 2019-18]
(8)
Any additional information which the Village Clerk finds
reasonably necessary for a fair determination as to whether a permit
should be issued.
[Amended 12-16-2019 by Ord. No. 2019-18]
E.
Recommendation of governmental agencies. The Village Clerk shall
submit a copy of the application to the Chief of Police and Director
of Public Works.
[Amended 12-16-2019 by Ord. No. 2019-18]
F.
Basis for discretionary denial of permit. The application may be
denied:
(1)
If 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)
If it is for a usage that is to be commenced between the hours of
9:00 p.m. and 9:00 a.m.
(3)
If sufficient usage marshals are not provided as to reasonably assure
the orderly conduct of the usage.
(4)
If the proposed route for conducting the usage involves a street
or highway under construction or detour route.
G.
Mandatory denial of permit. The application shall be denied:
(1)
If it is made less than 15 days in advance of the time the usage
is scheduled to commence;
(2)
If it is for a usage that is primarily for private or commercial
economic gain;
(3)
If 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)
If the granting of the permit would conflict with another permit
already granted or for which application is already pending;
(6)
If more than one assembly area or more than one dispersal area is
proposed; or
(7)
For failure to receive a permit under § 84.07(4), Wis.
Stats.
H.
Permit issued unless threat to public safety. The Village Clerk shall
issue a permit to the applicant subject to the foregoing requirements
of this section, unless the Village Clerk concludes that:
[Amended 12-16-2019 by Ord. No. 2019-18]
(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 so 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.
I.
Grant or denial of permit.
[Amended 12-16-2019 by Ord. No. 2019-18]
(1)
Time when required. The Village Clerk shall act as promptly
as he/she 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 shall immediately,
by the most reasonable means of communication, notify the applicant
of such action and, if the applications 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 Village
Clerk or Chief of Police, in writing, of such acceptance.
J.
Fee. There shall be paid at the time of filing the application for
a usage permit a fee set by the Village Board. Schools shall be exempt
from the fee.
[Amended 6-15-2015 by Ord. No. 2015-02]
K.
Charge for increased costs. Where the Village Clerk determines
that the cost of municipal services incident to the staging of the
usage will be increased because of the usage, the Village Clerk may
require the permittee to make an additional payment into the general
fund of the Village in an amount equal to the increased costs.
[Amended 12-16-2019 by Ord. No. 2019-18]
L.
Emergency revocation. The Village Clerk 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 East Troy 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 municipality
and such third parties as may be injured or damaged thereby, caused
by the permittee, its agents or participants.
[Amended 12-16-2019 by Ord. No. 2019-18]
M.
Usage permit contents. Each usage permit shall state such information
as the Village Clerk shall find necessary to the enforcement
of this article.
[Amended 12-16-2019 by Ord. No. 2019-18]
N.
Copies of usage permits distributed. Immediately upon the issuance
of a usage permit, the Village Clerk shall send a copy thereof
to the following:
[Amended 12-16-2019 by Ord. No. 2019-18]
O.
Compliance with regulations.
(1)
Permittee. A permittee under this article shall comply with all permit
directions and conditions and with all applicable laws, ordinances
and other regulations of the state and Village.
(2)
Participants. No person who leads or participates in any usage shall
disobey or encourage others to disobey this section after a law enforcement
officer has directly and presently informed him/her of any of the
provisions of this section or the terms of the applicable usage permit.
P.
Insurance required. Prior to issuance of the permit by the Village Clerk,
each permittee shall furnish evidence of a liability insurance policy
in amounts of not less than $1,000,000 for one person and $1,000,000
for any one accident 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 East Troy as an additional
insured in connection with said usage.
[Amended 12-16-2019 by Ord. No. 2019-18]
