City of Muskego, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Muskego at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and entertainment — See Ch. 136.
Parades — See Ch. 254.
Special events are community events such as fairs, festivals, sports events, races, runs/walks, markets, outdoor merchandise sales, parades, parade of homes, exhibitions, auctions, dances, motion-picture filming, block parties, rummage sales and other events that meet the definition in this chapter. Such events are allowed subject to the reasonable requirements of this chapter, City ordinances and of the policies and procedures of the Public Works and Development Department. The City Council finds such requirements necessary to promote the equitable and efficient use and continued protection of limited public park and other land, to allow for the efficient use of limited City staff resources through proper planning for such events, and to protect the public's health, safety, and welfare.
As used in this chapter, the following terms shall have the meanings indicated:
NEIGHBORHOOD OR SMALL GROUP ACTIVITY
A scheduled public gathering of persons, to which the public is invited, that has fewer than 100 participants expected and does not otherwise qualify as a special event.
SPECIAL EVENT
A scheduled public gathering of persons to which the public is invited and one or more of the following apply:
A. 
One hundred or more persons are expected to attend in a single day.
B. 
The event uses public streets, rights-of-way, sidewalks, or parks.
C. 
Alcohol is sold or served.
D. 
Outdoor entertainment/amplified music is involved.
E. 
The event lasts more than one day.
F. 
The event will reasonably require, based on the existing City policies and procedures, the provision of City support services to accommodate the event on public property.
This chapter shall not apply to any of the following:
A. 
Any march, public assembly, or activity protected by the First Amendment to the United States Constitution.
B. 
City-sponsored events.
C. 
Funeral processions.
D. 
Events exempted by contract with the City of Muskego.
A. 
No person or organization shall conduct a special event or neighborhood or small group activity as defined in this chapter within the City of Muskego without first having obtained a special event permit or neighborhood or small group activity permit, respectively. This provision shall apply to all future events, from the passage of this chapter, whether or not the event in question has been a reoccurring event within the City.
B. 
Other relevant permits may be required (e.g., alcohol permit, food and vendor permit, park rental permit) and are not provided for in this permit process.
C. 
No special event shall occur unless all other necessary municipal permits, licenses and approvals applicable to the special event activities have been granted, and any permit granted under this chapter shall be conditioned upon the permittee obtaining all such other licenses, permits and approvals.
A. 
Application for a special event permit shall be filed with the City Clerk at least 90 days prior to the proposed event.
B. 
Application for a neighborhood or small group activity permit shall be filed with the City Clerk at least 60 days prior to the proposed event.
C. 
Permit fees are required with submission of application. Permit fees shall be set from time to time by the Common Council and shall include nonrefundable application fees, late fees, Police Department staffing fees, and fees for the installation and use of no parking signs, traffic cones and barricades. Fees for Police Department staffing overtime pay will not be required for events taking place before January 1, 2019.
D. 
The application shall include the following:
(1) 
The name, address and phone number of the special event sponsor(s). If more than one person, entity or organization is the sponsor, all must be listed. In the case of a corporation, limited liability corporation, limited liability partnership or partnership, the name and mailing address of each person holding 10% or more of the ownership shall be listed.
(2) 
The name, address and phone number of the special event sponsor's contact or agent.
(3) 
The name, address and phone number of the event coordinator and the method by which the City can contact the event coordinator during the special event.
(4) 
Special event on private property.
(a) 
The address of all private property upon which the special event is to be held, together with the name and mailing address of the owners of record.
(b) 
Notarized authorization from the property owner(s) that the applicant has permission to use property for a special event.
(5) 
The nature of the assembly.
(6) 
The dates and hours during the special event or neighborhood or small group activity. Applicant should include dates and hours for setup and cleanup in the information provided.
(7) 
The maximum number of persons allowed at any given point at any time.
(8) 
Plans and descriptions for the following, as necessary for the event:
(a) 
Fencing and gates as necessary to control access to or within the special event.
(b) 
Portable water locations.
(c) 
Toilet and lavatory facility locations and number.
(d) 
Solid waste collection locations and disposal.
(e) 
First aid station, or additional medical care facilities as required upon City review.
(f) 
Lighting plan, including location, hours of use and power source.
(g) 
Parking size and location.
(h) 
Access to event and to parking, if located separately.
(i) 
Crowd control/security personnel, including number and responsibilities.
(j) 
Sound control and amplification; location, size and number of speakers and amplifiers.
(k) 
Use of fireworks and pyrotechnics, which shall additionally require separate permits and restrictions.
(l) 
Access for emergency vehicles and personnel.
(9) 
Certification that by signing the application, the applicant is authorized to act on behalf of the event sponsor(s).
(10) 
Applicant's acknowledgement that by signing and submitting the application he/she accepts and complies with the provisions of this chapter.
(11) 
Proof of insurance along with written endorsements in a form acceptable to the City Attorney.
(12) 
Park rental approval, if applicable.
E. 
Application process.
(1) 
Upon receipt of an application for a permit, the City Clerk shall immediately distribute the complete application to police services, the Fire Department, Administration, and the Public Works and Development Department for review and comment. Department review and comments shall be returned to the Clerk within 30 days of distribution of the application.
(2) 
Prior to any City staff approval of a special event permit, the Police Chief shall review the application and report to the City staff his findings as to the reasonable estimates of the costs of providing police services reasonably required by the special event.
(3) 
Permit review.
(a) 
The Clerk shall review neighborhood and small group activity applications for conformity with the provisions of this section and the comments from the departments and, if the applicable requirements are met, shall issue a permit.
(b) 
City staff shall review all special event permit applications and department recommendations and either deny the permit, approve the permit or approve the permit with conditions. The permit shall be issued by the Clerk.
A. 
Liability insurance. The special event or neighborhood or small group activity sponsor is required to obtain insurance for all events. Proof of comprehensive general liability insurance with coverage in amounts acceptable to the City Attorney shall be submitted to the City no later than 20 days before the event. Any insurance policy must contain a written endorsement naming the City as an additional insured along with other written endorsements as required by the City Attorney. Failure to provide the required insurance along with the endorsements may result in denial of the permit.
B. 
Indemnification. The applicant and event sponsor(s) shall agree to hold the City, its officers, employees, agents and contractors harmless against all claims, liability, loss, damage or expense (including but not limited to attorney's fees) incurred by the City for any damage or injury to person or property caused by or resulting directly or indirectly from the activities for which the permit is granted. A separate written indemnification and hold harmless agreement may be required by the City.
C. 
City services. All requests by applicants for City services must be made at time of application. The applicant shall be responsible for reimbursement to the City for any City personnel, services, equipment, and facilities provided for the special event. Reimbursable costs shall be calculated to include, but not be limited to, wages, overtime, and fringe benefits. An invoice shall be sent to the applicant within 15 days following the event. Payment is due within 30 days of invoice. Failure to pay the invoice may be grounds for denial of future permits. The City reserves the right to require full or partial payment of estimated costs in advance.
D. 
Cleaning/damage deposit. The applicant may be required to submit to the City a cleaning/damage deposit of $200 per day for each scheduled day of the event (or a portion thereof), two weeks prior to the starting day of the event. The deposit shall be refunded to the applicant if, upon inspection, all is in order, at the sole discretion of the City. A prorated portion of the deposit may be retained to reimburse the City for loss or cleaning costs. The City shall provide written notice to the applicant of its sole discretion to retain the entire deposit, or a portion thereof, along with the reasons therefor within 10 days of the conclusion of the event. The City reserves the right to retain the entire deposit if cleanup is not completed satisfactorily in the time frame as specified in the permit. Unless otherwise stated in the permit, the applicant shall be fully responsible for all necessary cleanup associated with the permitted event to be completed within 12 hours after the conclusion of the event. Additional time for cleanup may be requested and approved at the discretion of City staff.
E. 
Event coordinator. The special event or neighborhood or small group activity sponsor shall have at least one representative on site during the event at all times, as identified on the permit application.
F. 
Staffing. The special event or neighborhood or small group activity sponsor shall provide sufficient staffing to provide assistance with crowd control, parking, sanitation, and medical services. A determination as to these needs will be made by the departments as part of the review process.
G. 
Site requirements.
(1) 
All tents must be installed under the International Fire Code Chapter 24 or the National Fire Protection Association (NFPA) Chapter 34.
(2) 
Wiring shall be installed by a licensed electrician. All persons requiring electricity at a special event or neighborhood or small group activity shall follow the National Electrical Code (NEC) and Ch. SPS 316, Wis. Adm. Code.
(3) 
Attendees and staffing shall not exceed the maximum number which can reasonably attend at the location of the special event, in consideration of the nature of the special event.
(4) 
The applicant/sponsor shall be responsible for arranging any inspections required to meet these standards or any other requirements prior to the special event. Any fees for such inspections shall be paid by the special event or neighborhood or small group activity sponsor.
The City reserves the right to shut down a special event or neighborhood or small group activity if it is deemed to be a public safety hazard by police services or the Fire Department or there is a violation of City or county ordinances, state statutes or term of the applicant's permit. The Mayor or designee may revoke an approved special event permit if the applicant fails to comply with the provisions of the permit prior to the event date.
Reasons for denial of a special event or neighborhood or small group activity permit include, but are not limited to:
A. 
The event will disrupt traffic within the City beyond practical solution.
B. 
The event will create a likelihood of endangering the public.
C. 
The event will interfere with access to emergency services.
D. 
The location or time of the special event will cause undue hardship or excessive noise levels to adjacent businesses or residents.
E. 
The event will require the diversion of City resources that would affect the maintenance of regular City service levels.
F. 
The application contains incomplete or false information.
G. 
The applicant fails to provide proof of insurance along with all required endorsements to the insurance policies.
H. 
Inadequate provision for garbage or debris removal.
I. 
Inadequate provision of temporary rest room facilities.
J. 
Inadequate provisions for parking.
K. 
Applicant fails to submit the required fees and/or deposits.
Any person who violates any provision of this chapter or who violates any condition upon which a special event permit is granted shall be subject to forfeiture of not less than $100 nor more than $1,000. Each day of violation shall be considered a separate offense. In addition, the City may enforce this chapter by way of injunctive relief and all other remedies available at law and in equity.