HomeMy WebLinkAboutResolutions 1996 (21) RESOLUTION REPEALING ORDINANCE NO. 4(96)
ORDINANCE REGULATING ASSEMBLIES
Resolution No. ) C1 6)
St. Croix County, Wisconsin
WHEREAS, the St. Croix County Board of Supervisors enacted an ordinance to
regulate large assemblies, ordinance no. 4(96), on March 19, 1996; and
WHEREAS, a lawsuit challenging the constitutionality of the ordinance was filed on
April 8, 1996; and
WHEREAS, a preliminary injunction was entered against the County by the circuit
court on May 23, 1996, restraining the county from enforcing the ordinance until a final
court hearing; and
WHEREAS, as a result of the preliminary injunction, outside legal counsel was
retained by the County to evaluate ordinance no. 4(96); and
WHEREAS, outside legal counsel's recommendation is to repeal ordinance no. 4(96);
and
WHEREAS, the Public Protection Committee and Finance Committee recommend
repeal of ordinance no. 4(96);
THEREFORE, be it resolved by the St. Croix County Board of Supervisors that
ordinance no. 4(96), Ordinance Regulating Assemblies, be and is hereby repealed;
FURTHER, be it resolved that any person or organization that applied for a license
under ordinance no. 4(96) and paid the $500 application fee have returned to them the $500
application fee.
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Dated this / q "-' day of = f j t ,,,,,,, i, ,,,„, , 1996.
Offered by: Public Protection Committee
NEGATIVE AFFIRMATIVE
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and
Offered by: Finance Committee
NEGATIVE AFFIRMATIVE
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STATE OP WISCONSIN
COUNTY OF ST. CROIX
1, Sue C. Nelson. SG Croix
County CkMk CO HEREBY CERTIFY that
the foregoing Is a tare and oaroct of
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86.1.; by the County Broad of Cupervisors
at their meeting held 5' 9'
Sue E. WWI. Si. Croix Couray Peck
Grata- SU(9 .Atet • r
ORDINANCE REGULATING ASSEMBLIES
Ordinance No. ¥ c G 1,
St. Croix County, Wisconsin
The St. Croix County Board of Supervisors does ordain as follows:
SECTION 1. AUTHORITY.
The County is vested with the authority to adopt this ordinance by secs. 59.07(64) and
59.07(18)(b), Wisconsin Statutes.
SECTION 2. PURPOSE.
The purpose of this ordinance is to preserve, protect, and maintain the public peace and
good order within the County, and to preserve and protect the health, safety, and welfare
of the residents of and visitors to the County, by minimizing or preventing adverse impacts
of large assemblies.
SECTION 3. APPLICABILITY.
This ordinance shall not apply to any city or village.
SECTION 4. DEFINITIONS.
(a) "Application Review Board" is a group consisting of the Sheriff, County Planner,
County Zoning Administrator, Emergency Communications Director, and Highway
Commissioner or his /her designee.
(b) "Assembly" means a group of persons reasonably anticipated to number 1000 or more
gathered together or meeting at the same place for a period of time reasonably
anticipated to be 2 hours or more, and includes any event enumerated under
§59.07(18)(b). Providing parking within an unincorporated area of the County for
an Assembly held within a city or village is subject to this ordinance.
(c) "Committee" means the St. Croix County Public Protection Committee.
(d) "General Conditions" means the provisions of Section 6 of this ordinance.
(e) "Person" means an individual, partnership, corporation, firm, company, association,
society or group.
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communications, internal and external public address systems, audio, lighting,
etc.) shall be provided. It shall be located in a place providing an optimal
view of the persons assembled and shall be sound proof. It shall be equipped
with a back -up generator.
(6) Stationary, fixed seating -- chairs, benches, etc. - -shall be provided for the
maximum number of persons allowed into the Assembly.
(7) Crowd conduct rules and regulations, and a method of communicating them
to persons attending the Assembly, are required.
(8) Sound or noise created by the Assembly shall not exceed 60 decibels and
there shall be no perceptible vibrations at the closest property line of any
residence, occupied church or place of worship, or occupied school.
(9) Free parking shall be provided for vehicles within the fenced grounds for the
maximum number of persons allowed into the Assembly at the rate of one
space for every 3 persons, in two vehicle rows.
(10) Potable water shall be provided which meets all federal and state
requirements for purity for the maximum number of persons allowed into the
Assembly at the rate of one gallon for every eight hours assembled.
(11) Separate, enclosed toilet areas for males and females meeting all state and
local regulations shall be provided and conveniently located throughout the
grounds for the maximum number of persons allowed into the Assembly as
follows:
a. four water closets and 8 urinals for the first 600 males or fraction
thereof and 1 water closet and urinal for each additional 500 males or
fraction thereof.
b. four water closets for the first 200 females, 4 additional water closets
for each additional 200 females up to 600 or fraction thereof, and 1
additional water closet for each additional 275 females or fraction
thereof.
c. portable handwash stations with water under pressure, soap, a
wastewater storage tank, and individual service towels for each 5 water
closets or urinals.
d. a means complying with all state and local regulations of disposing of
the waste.
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(15) Telephones connected to outside lines to serve the maximum number of
persons allowed into the Assembly at the rate of at least one separate line
and receiver for each 1,000 persons shall be provided.
(16) If the Assembly is to last more than 1 day and camping is to be allowed on
the grounds, camping facilities that comply with all state and local laws and
regulations sufficient to accommodate the maximum number of persons
allowed into the Assembly shall be provided.
(17) Security guards shall be provided. They shall be either regularly employed,
duly sworn, off -duty Wisconsin peace officers, or private guards, licensed in
Wisconsin. Security guards must be provided for the maximum number of
persons allowed into the Assembly at the rate of at least one security guard
for every 750 persons if alcohol is not served or allowed, or at least two
security guards for every 500 persons if alcohol will be served. For any
Assembly, at least one security guard shall be provided for every additional
1,000 persons over 3,000 persons. The security guards shall be trained in
crowd management.
(18) Fire protection, including alarms, fire extinguishing equipment, fire lanes and
escapes, meeting all state and local regulations, shall be provided. Trained
personnel shall be provided to manage fire emergencies and operate
equipment.
(19) The Assembly shall comply with the American's with Disabilities Act (ADA).
(20) An Assembly shall not cause traffic delays, back -ups or hazards, or restrict the
ability of any emergency vehicle to respond to any emergency, either on or off
the grounds.
(21) If alcoholic beverages are to be served, a separate enclosed, controlled area
shall be provided for serving and consumption. No person under the age of
21 years shall be allowed into the area unless accompanied by a parent or
guardian. No consumption shall occur outside the area. The serving of
alcohol shall stop at least 1 hour before the scheduled end of the Assembly.
No alcoholic beverages shall be brought into the Assembly by persons
attending.
(22) If the Assembly is reasonably anticipated to continue, or persons will leave the
Assembly, after dark, illumination shall be provided sufficient to light the
entire grounds at the rate of at least five foot - candles, but not shine
unreasonably beyond the boundaries of the grounds.
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SECTION 7. LICENSE APPLICATION.
(a) An application form available from the County Clerk must be completed for a
license to hold an Assembly.
(b) The application shall contain the following information:
(1) The name, address and phone number of the applicant. If the applicant is a
partnership, corporation, firm, company, association, society or group, the
names, addresses and phone numbers of the partners, officers, directors or
responsible individuals shall be listed. If the applicant is a corporation, a
certified copy of its articles of incorporation and name, age, address and
phone number of each person who owns 10 percent or more of the stock of
the corporation shall be listed.
(2) The name, address and phone number of the record title holder of the
property on which the Assembly is to be held; the address and legal
description of the property; and certification of the owner that he /she
consents to the Assembly.
(3) The nature or purpose of the Assembly.
(4) The exact dates and times during which the Assembly is to be held.
(5) The maximum number of persons allowed into the Assembly and plan to
insure that only that number will be admitted.
(6) The crowd conduct rules and regulations, and the plan for communicating
them to the persons attending the Assembly.
(7) The total number of parking spaces on the grounds available to persons
allowed into the Assembly determined in accordance with the General
Conditions.
(8) A scale drawing of the Assembly grounds showing: parking areas; assembly
area; sanitary, water and medical facilities; event control center; other
buildings; telephone locations; stage location; lighting locations; fence;
pedestrian and vehicle entrances and exits; pedestrian and vehicle emergency
entrances and exits; campground; and any other significant feature.
(9) A scale drawing showing and identifying highways within a 10 mile radius of
the Assembly grounds.
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(21) The plan to control sound and /or noise in accordance with the General
Conditions. Monitoring equipment adequate to make all measurements shall
be provided by the applicant to the County for use during the Assembly.
(22) Identification of any assembly involving 1000 or more persons that the
applicant has promoted, conducted, organized, managed, financed or
otherwise been involved with. Provide:
a. The name, date, location and nature of the assembly.
b. The owner's name, address and phone number of the property on
which the assembly took place.
c. The governmental agency that licensed or otherwise approved the
assembly.
d. The plan of operation describing: the grounds; seating; the method of
sound and /or noise control; parking area and management; the
method of providing potable water, sanitary facilities, refuse disposal
and collection, medical services, telephone service, security, fire
protection, traffic control, weather monitoring; illumination of the
grounds; insurance carried; and bond provided.
(23) The plans for security, safety, health and fire protection of the Assembly
grounds and persons attending the Assembly in accordance with the General
Conditions. The plans must identify the training received by personnel in
crowd management techniques.
(24) The plan for providing telephone service for public use in accordance with the
General Conditions.
(25) The plan for providing routine and emergency medical care and treatment to
persons attending the Assembly in accordance with the General Conditions.
(26) Proof that a reputable company licensed to do business in Wisconsin will issue
a general comprehensive liability insurance policy in accordance with the
General Conditions. If a license is granted, a copy of the insurance policy
shall be delivered to the County Clerk not later than 14 days prior to the date
the Assembly is to occur. The County Clerk shall notify the Application
Review Board of the receipt of the copy of the insurance policy.
(27) Proof that a bond will be issued if the license is granted to insure payment for
additional law enforcement personnel, equipment and services, emergency
medical staff, equipment and services, security personnel, clean up of the
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(e) If he /she desires, the applicant may appear before the Committee to answer
questions or respond to the recommendation of the Application Review Board.
(f) The town in which the Assembly is to be held may submit written comments and
recommendations and /or appear before the committee.
(g) The Committee shall authorize granting or deny the license based upon the ability
or inability of the Applicant to comply with this ordinance. If denied,the reasons
shall be stated on the record, and reflected in the Committee meeting minutes and
in a written denial to the applicant. If granted, the Sheriff shall issue a license to
hold the Assembly.
(h) A license is not transferable.
(i) The Application Review Board may recommend a waiver of a general condition or
information required in the application if circumstances warrant. The Committee
may waive a general condition or information if circumstances warrant. Factors to
be considered include the Assembly size, location and nature. No-waiver may be
granted if it would likely be detrimental to the public peace, order, health, safety or
welfare.
SECTION 9. LICENSE REVOCATION; SUSPENSION OF ASSEMBLY.
(a) A license granted pursuant to this ordinance may be revoked by the Application
Review Board at any time prior to or during the Assembly if:
(1) It reasonably appears that any condition of this ordinance will not be met.
(2) Any condition previously met ceases to be met.
(3) The application is found to be incomplete or inaccurate.
(4) It reasonably appears the Assembly will otherwise be unlawful.
(b) If during the Assembly, it appears in the judgment of the Sheriff, that there exists an
imminent danger of violence, riot or other circumstance threatening the health or
safety of persons attending the Assembly or the public, the Sheriff shall be authorized
to take whatever action he /she deems appropriate to protect persons and property,
and prevent or end the dangerous circumstance, including temporarily or
permanently suspending the Assembly.
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SECTION 14. EFFECTIVE DATE.
This ordinance becomes effective the day after official publication.
Offered by: Public Protection Committee
NEGATIVE AFFIRMATIVE
I 4 fi. I /AGe
Amended by County Board before adoption - added second sentence to §4(b).
Date of Publication: 3 -
STATE OF WISCONSIN
COUNTY OF ST. CROIX
1, Sue E. Nelson, $L 0*
County perk, DO HEREBY CERTIFY Mnt
the foregoing is a true ar: i ccr a comet
a:Ja ad by 2.3 _;,ar isas
at their nreet;,,g t w r, t , t ; u
n om . k ,-n
Sus E NeYon, SL Croix County Cork
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