§ 12.03. LARGE ASSEMBLIES . (Am. #631)
(1)
PURPOSE. It is the purpose of the County 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 County, in order that the health, safety and welfare of residents and visitors alike, may be protected. It is the intent of the County Board that all sections and provisions of this ordinance are independent, and should any section or provision be declared invalid or unconstitutional by a court, it is the intent of the Board of Supervisors that any section or provision so declared shall be severable from and shall not affect the validity of the remainder of this ordinance.
(2)
LICENSE REQUIRED. No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets to an actual or reasonably anticipated assembly of 1,000 or more people which continues or can reasonably be expected to continue for 18 or more consecutive hours, whether on public or private property, unless a license to hold the assembly has first been issued by the County Clerk, application for which shall be made at least 60 days in advance of the assembly. A license 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.
(3)
DEFINITIONS. As used in this section:
(a)
Assembly . A company of persons gathered together at any single time for any purpose.
(b)
Person . Any individual natural human being, partnership, corporation, firm, company, association, society or group.
(4)
SEPARATE LICENSE REQUIRED. A separate license shall be required for each day and each location in which 1,000 or more people assemble or can reasonably be anticipated to assemble.
(5)
MAXIMUM NUMBER OF PEOPLE. A license shall permit the assembly of only the maximum number of people stated in the license. The licensee shall not sell tickets to nor permit to assemble at the licensed location more than the maximum permissible number of people.
(6)
SOUND LIMITS. The licensee shall not permit the sound of the assembly to carry unreasonably beyond the enclosed boundaries of the location of the assembly.
(7)
EXEMPTIONS.
(a)
Permanent Establishments . This section shall not apply to any regularly established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum or other similar permanently established place of assembly for assemblies which do not exceed by more than 250 people the maximum seating capacity of the structure where the assembly is held.
(b)
Fairs . This section shall not apply to fairs held on regularly established fairgrounds.
(8)
REQUIREMENTS FOR ISSUANCE. Before an applicant may be issued a license, the applicant shall first:
(a)
Determine the maximum number of people which will be assembled or admitted to the location of the assembly. The maximum number shall not exceed the maximum number which can reasonably assemble at the location of the assembly in consideration of the nature of the assembly and more shall not be allowed to sleep within the boundaries of the location of the assembly than is permitted by the zoning or health ordinances of the County.
(b)
Provide proof that the applicant will furnish at the applicant's own expense before the assembly commences:
1.
A fence or other easily recognizable boundary marking system completely enclosing the proposed location; a fence may be required by the Law Enforcement Committee if it is reasonably determined to be necessary to protect the health safety and welfare of the attendees, the community, and/or neighboring property owners.
2.
Potable water meeting all Federal and State requirements for purity, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon per person per day.
3.
Separate enclosed toilets for males and females, meeting all State and local specifications, conveniently located throughout the grounds, in numbers sufficient to comply with the requirements of Table 55.32, Wis. Adm. Code Ch. COMM 55 (2000-2002) conveniently located throughout the grounds, 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 toileting area.
4.
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 collecting 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.
5.
An emergency medical station capable of providing emergency treatment and first aid to the assemblage. Such station shall be staffed with personnel trained to, at minimum, the proficiency of an emergency medical technician (EMT), at a level of one staff person per 1,000 expected to assemble, to a maximum staffing requirement of 5 trained individuals. The applicant shall also have a demonstrated means of contacting local emergency service providers in the event of an emergency that exceeds the capabilities of the on-site medical station.
6.
If the assembly is to continue during hours of darkness, illumination sufficient to light the main activity area of the assembly at a level sufficient to ensure safety, but not to shine unreasonably beyond the boundaries of the location of the assembly. The toileting area shall be sufficiently illuminated to allow for safe usage of the toilets and the hand-washing stations. In addition, the Law Enforcement Committee may require the lighting of parking areas and avenues of ingress and egress if reasonably necessary to protect public safety.
7.
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 4 persons.
8.
A minimum of one hard-wired telephone line that shall be operational during the entire period that the event is being held. The applicant shall include this phone number in the application. Additional wireless communications devices may be used as necessary to ensure that the event operators can contact emergency services at all times.
9.
If the assembly is to continue overnight, camping facilities in compliance with all State and local requirements as set forth in the Wisconsin Administrative Code and ordinances of this County, sufficient to provide camping accommodations for the maximum number of people to be assembled.
10.
Security guards sufficient to provide adequate security for the maximum number of people to be assembled. A primary security officer, who is a licensed security officer in the State of Wisconsin or has other similar credentials, shall be designated, whose name, address and telephone number shall be provided to local law enforcement. As a condition of the license, local law enforcement officers shall be granted access to the site to ensure public safety.
11.
Fire protection, including alarms, extinguishing devices, 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 this County, and sufficient emergency personnel to efficiently operate the required equipment.
12.
All reasonably necessary precautions to insure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly.
13.
A bond, filed with the Clerk, either in cash or underwritten by a surety company licensed to do business in Wisconsin, at the rate of $1.00 per person for the maximum number of people permitted to assemble, which shall indemnify and hold harmless this County or any of its agents, officers, servants and employees from any liability or causes of action which might arise by reason of granting this license, and from any cost incurred in cleaning up any waste material produced or left by the assembly.
(9)
LICENSE APPLICATION.
(a)
Application for a license to hold an actual or anticipated assembly of 1,000 or more persons shall be made in writing to the County Board and filed with the County Clerk at least 60 days in advance of such assembly.
(b)
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, society or group or, if there are no officers, by all members of such association, society or group.
(c)
The application shall contain and disclose:
1.
The name, age, residence and mailing address of all persons required to sign the application by this section 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 the corporation.
2.
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.
3.
Proof of ownership of all property upon which the assembly is to be held or statement made on oath or affirmation by the owner of record of all such property that the applicant has permission to use such property for an assembly of 1,000 or more persons. If the property is owned by a corporation, proof that the person purporting to act for the corporation has actual authority to act for the corporation.
4.
The general nature or purpose of the assembly.
5.
The total number of days and hours the assembly is to last.
6.
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 County if the assembly is to continue overnight.
7.
The maximum number of tickets to be sold, if any.
8.
The plans of the applicant to limit the maximum number of people permitted to assemble.
9.
The plans, including an accurate description of the means to be used for marking the boundaries of the location of the assembly, or, if required, for fencing the location of the assembly and the gates contained in such fence.
10.
The plans for supplying potable water including the source, amount available and the location of the outlets.
11.
The plans for providing toilet and lavatory facilities including the source, number and location, type, and the means of disposing of waste deposited.
12.
The plans for holding, collecting and disposing of solid waste material.
13.
The plans to provide for medical services and on-site first aid, to include the names and hours of availability of the medical support personnel, and provisions for contacting emergency medical services.
14.
The plans, if any, to illuminate the location of the assembly including the source and amount of power and the location of lamps.
15.
The plans for parking vehicles including size and location of lots, points of highway access including routes between highway access and parking lots.
16.
The plans for telephone service including the source, number and location of telephones.
17.
The plans for camping facilities, if any, including facilities available and their location.
18.
The plans for security including the number of guards, their deployment, the name, address and telephone number of the primary security officer, along with certification that such information has been provided to local law enforcement agencies.
19.
The plans for fire protection, severe weather protection and emergency response, including on-site capabilities to respond to fire or severe weather emergencies.
20.
The plans for sound control and sound amplification, if any, including number, location and power of amplifiers and speakers.
21.
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.
22.
A statement from the zoning authority for the governmental unit having zoning authority over the affected area that the proposed event is a permitted use within the zoning district where the event is to be held.
(d)
The application shall include the bond required in subsection (8)(b)13., of this section.
(10)
ISSUANCE. The application for a license shall be processed within 45 days of receipt. The application shall be reviewed by the Law Enforcement Committee of the Dodge County Board, and shall be issued if all conditions are complied with.
(11)
REVOCATION. The license may be revoked by the County Board or the Law Enforcement Committee of the Dodge County Board at any time if any of the conditions necessary for the issuing of the license, or contained in the license are not complied with.
(12)
ENFORCEMENT.
(a)
The provisions of this section may be enforced by injunction in any court of competent jurisdiction.
(b)
The holding of an assembly in violation of any provision or condition contained in this section shall be deemed a public nuisance and may be abated as such.
(c)
Except as otherwise provided, any person who violates any provision of this section or any condition upon which a license was granted may be subject to a forfeiture as provided in § 30.04 of this Code of Ordinances.