Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Elm Grove 3-27-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 208.
Transient merchants — See Ch. 262.
[1]
Editor's Note: This ordinance was originally adopted as Ch. 180, but was redesignated as Ch. 241 to maintain the alphabetical organization of the Code.
The Village of Elm Grove hereby determines that, as it is necessary to protect the health, safety and welfare of persons and property within the Village of Elm Grove, special events and related activities shall be regulated.
The following terms are hereby defined:
PERSON
Any individual natural human being, partnership, corporation, firm, company, association, limited-liability company, society or group.
SPECIAL EVENT
An outdoor assemblage of 200 or more persons at any one time on public or private property for a performance, celebration, commemoration, display and/or sale of goods or other type of social gathering open to the public for free or upon payment of some kind of consideration; it includes, but is not limited to, whether for profit or not, outdoor festivals, flea markets, fun runs, bicycle races, walkathons, marathons, outdoor gatherings on nonresidential property involving the use of temporary structures, and other similar-type activities that do not require a permanent site or business location and do not compromise public health, safety or welfare. Events which are approved annually by resolution by the Village Board of Trustees are exempt.
Prior to application, no person shall allow or conduct a special event unless a permit has first been issued.
A. 
Applications for special event permits shall be made to the Village Clerk, on forms provided by the Village of Elm Grove, and shall include at a minimum all of the following information:
(1) 
The name, address and telephone number of the applicant;
(2) 
The names, addresses and telephone numbers of all of the partners, if the applicant is a partnership;
(3) 
The names, addresses and telephone numbers of all of the officers and directors if the applicant is a corporation, or members if the applicant is a limited-liability company;
(4) 
The location at which the event is to be conducted;
(5) 
Details related to the nature of the event, including:
(a) 
Whether or not music will be provided;
[1] 
Music for special events shall terminate at 9:00 p.m. if the event is held Sunday through Thursday and at 11:00 p.m. if the event is held on a Friday, Saturday or holiday weekend.
(b) 
Whether or not alcoholic beverages will be served;
(c) 
The anticipated number of event attendees;
[1] 
Events anticipated to exceed 300 persons in attendance require review and approval by the Village Board of Trustees in accordance with § 241-5 of this chapter.
(d) 
Hours and/or days of operation for the special event;
[1] 
All special events as defined by this chapter shall cease operation no later than 10:00 p.m. Sunday through Thursday and no later than 12:00 midnight on Friday, Saturday, or a holiday weekend.
(e) 
An event site plan that documents the location of:
[1] 
Vendors of consumable food or beverages;
[2] 
Generators;
[3] 
Parking accommodations (both off- and on-site); and
[4] 
Proposed road closures, if any.
(f) 
The Village Manager, in consultation with Village department heads, may include specific conditions which require cleanup of public and private property in the vicinity of the location of the special event that may be littered. A cash deposit, to be determined by resolution by the Village Board of Trustees from time to time, may be required as a condition to assure such cleanup is satisfactorily accomplished within 24 hours. Said sum shall be used by the Village to off set any costs which it may incur in completing the cleanup and the balance of the deposit, if any, should be refunded upon final inspection. In the event insufficient funds are available to offset costs, the Village reserves the right to seek reimbursement through any means available to the Village. There will be no reissuance or new issuance of special events permits to the applicant or his or her organization until such payments are made.
(6) 
A contact person who will be available at all times during the special event and that person's cell phone number which must be accessible throughout the special event;
(7) 
Applicant to deliver notice to property owners within a five-hundred-foot radius of the special event site at least three weeks prior to the special event (property owner list to be provided by the Village); applicant must provide evidence of mailing, such as an affidavit, and a copy of the notice to the Village Clerk;
(8) 
Proof of insurance, subject to Village Manager approval, based on potential degree of risks posed by the special event;
(9) 
Signage and proposed location for such signage (to the extent allowed by § 335-42);
(10) 
Such other information as may be required to process the application.
B. 
Completed applications shall be submitted to the Village Clerk at least 60 days prior to the scheduled date of the special event.
C. 
Notwithstanding the requirements of § 241-3B, the Village Manager may accept an untimely or inadequately submitted application if the Village Manager determines that there is reasonably sufficient time to review the application and any supplemental information, and process the application. Said discretion shall apply to applications submitted in accordance with § 241-7, Permit reissuance.
D. 
Upon receipt of a completed special event permit application, the Village Clerk shall refer said application to the Village Manager for his or her review.
(1) 
The Village Manager shall instruct all potentially affected Village departments to review the completed special event permit application and provide a report with recommendations concerning all phases of the proposed special event.
E. 
Should the application be deemed consistent with the requirements of this chapter, the Village Manager shall authorize the Village Clerk to issue the special event permit. Any application that is denied by the Village Manager shall be processed in accordance with § 241-4.
Any person aggrieved by a decision of the Village Manager pursuant to this chapter is able to appeal solely to the Board of Trustees. Any appeal to the Board of Trustees under this chapter shall be made within 10 business days of the date that the Village Manager issued the decision being appealed from. The Board shall consider the matter at the next available regular Board of Trustees meeting. Based upon testimony provided by both the applicant and the Village Manager, and after consideration of impacts generated by the special event related to the health, safety and welfare of the Village, the Board may affirm, reverse, or modify the Village Manager's initial decision.
All special events applications that anticipate more than 300 attendees shall be referred to the Board of Trustees for review and approval. Based upon testimony and submissions provided by both the applicant and the Village Manager, and after consideration of potential impacts and submissions stemming from the special event on the health, safety and welfare of the Village, the Board may approve the application as presented, approve the application with conditions or deny the application.
All permits approved under this chapter are effective for only the times and dates specified within the application and further shall expire upon the cessation of event activities as identified on the approved special events permit application, unless said permit is reissued under the terms of § 241-7 or terminated under the terms of § 241-8.
Special event permits previously approved under this chapter may be reissued by the Village Manager, provided that the proposed special event does not materially differ from the special event previously approved and provided that all requirements of this chapter are met. Requests to reissue special event permits shall be submitted in writing to the Village Clerk on an application form provided by the Village accompanied by the fee or any reimbursement that may be established by the Village Board. Said reissuance application shall be submitted at least 30 days prior to the start date of the event.
A special event permit for an event in progress may be terminated by the Chief of Police, the Fire Chief, or the respective designee of each if public safety is compromised or threatened by activities generated during the event, if the participants engage in violent, riotous, disorderly or destructive behavior causing injury to persons or damage to property, or if there is a violation of the conditions of the permit such that conditions of issuance are no longer met.
Any person who shall violate any provision of this chapter or any rule or regulation made under this chapter shall be subject to a penalty as provided in § 1-16 of this Code.