HomeMy WebLinkAboutOrdinance 1996 (4) ORDINANCE REGULATING ASSEMBLIES
Ordinance No. 4- '
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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SECTION 5. LICENSE REQUIRED FOR AN ASSEMBLY.
(a) No Person shall permit, conduct, hold, maintain, manage, promote, advertise, or
produce, sell, give or otherwise distribute tickets, or allow admission to, or assist in,
an Assembly without a license to hold the Assembly approved by the Committee and
issued by the Sheriff.
(b) This ordinance shall not apply to:
(1) an assembly held in a permanently established, regularly used facility such as
a church or other place of worship, school, stadium, auditorium , or athletic
field, if the assembly is of the nature ordinarily held in such a facility and is
reasonably anticipated to not exceed the maximum seating capacity of the
facility.
(2) the event called the "St. Croix County Fair ".
(3) recreational floating on County rivers. Any activity or event promoted or
offered in conjunction with floating is not exempt from this ordinance.
SECTION 6. GENERAL CONDITIONS APPLICABLE TO AN ASSEMBLY.
(a) The following conditions apply to any Assembly:
(1) An Assembly exceeding the maximum number of persons that can be safely
assembled on the proposed grounds is prohibited.
(2) An Assembly shall not commence before 10:00 a.m. and its activities shall not
extend beyond 11:00 p.m. All attendees must leave the grounds immediately
after the conclusion of the Assembly. All security personnel shall remain on
the grounds to direct persons off the grounds until all persons attending the
Assembly are gone.
(3) Tickets shall be sold prior to the Assembly only; no tickets shall be sold at the
grounds. If admission is free, admission passes shall be issued prior to the
Assembly only; no admission passes shall be issued at the grounds. The
number of tickets or admission passes produced shall not exceed the
maximum number of persons allowed into the Assembly.
(4) The grounds of the Assembly must be completely enclosed by a fence of a
height and strength to prevent unauthorized persons from gaining access.
(5) An event control center capable of controlling all Assembly operations
(security, parking, traffic control, internal, external and emergency
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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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• (12) Refuse collection and disposal shall be provided in compliance with state and
local regulations. Refuse containers shall be provided for the maximum
number of persons allowed into the Assembly at a rate of 2.5 pounds of refuse
per person per day. Refuse shall be collected at least once a day and
disposed of or stored in tightly covered containers until disposal.
(13) The following shall be provided for emergency medical care:
a. Certified Emergency Medical Technicians (EMT's) shall be on the
grounds for the maximum number of persons allowed into the
Assembly at a ratio of 2 per 1000 persons for the first 5000 persons
and 1.5 for each 1000 persons above 5000.
When the maximum number of persons allowed into the Assembly is
more than 5000, up to 25% of the attending medical support staff may
be Emergency Medical First Responders.
b. An enclosed, covered structure with 110V electrical service appropriate
to rendering treatment to sick or injured persons shall be provided.
c. At least one ambulance licensed by the Wisconsin Department of
Transportation shall be on the grounds at all times for medical
transport purposes. Should an ambulance be transporting, a second
ambulance shall be on the grounds.
d. Cardiac defibrillation capability shall be provided on the grounds.
e. Communications capability with appropriate physician medical control
shall be maintained.
f. Local and area hospitals shall be notified of the Assembly by the
person coordinating medical staffing at least 72 hours prior to the start
of the Assembly.
g. Limited personal decontamination capability in the form of not less
than 10 gallons of fluid (water), separate from fire fighting apparatus,
and an administering device, shall be available at the emergency
medical facility on the grounds in the event of the use of crowd control
sprays by security personnel.
(14) A method to monitor weather and warn persons of threatening conditions
shall be provided.
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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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(23) No animals shall be allowed on the grounds, except animals that are directly
part of the purpose of the Assembly, used for security by security personnel
or law enforcement officers, or used by disabled persons.
(24) No fires shall be allowed on the grounds except in specifically designated,
properly equipped, properly monitored areas.
(25) County representatives shall be allowed free access to the grounds before,
during, and after the Assembly to determine compliance with the license and
state and county laws, regulations and rules.
(26) A certificate of insurance shall be filed with the County Clerk for general
comprehensive liability coverage in an amount not less than $1,000,000. The
policy shall be issued by a reputable company licensed to do business in the
state of Wisconsin acceptable to the County. St. Croix County shall be named
as an additional insured. The policy shall cover the entire period of the
Assembly. This requirement is not to be construed as a waiver by the County
of any statutory caps on damages.
(27) The Person responsible for the Assembly shall agree to indemnify, defend,
and hold harmless the County and any of its officers, employees, agents or
representatives from any claims, causes of action, costs, or liability, including
attorney fees, arising by reason of granting the license for the Assembly or
from the holding of the Assembly, and by submitting an application for a
license agrees to do so.
(28) The Person responsible for the Assembly shall pay to the County an amount
equal to the actual cost of additional law enforcement personnel and services
required as a result of the Assembly, as determined by the County.
(29) The Person responsible for the Assembly shall provide a bond, either cash or
a bond instrument underwritten by a reputable surety company licensed to do
business in Wisconsin, in an amount that will cover the cost of additional law
enforcement personnel, equipment and services, emergency medical staff
equipment and services, security personnel if they are Wisconsin peace
officers, clean up of the grounds, disposal of solid waste, and disposal of
human waste. The amount shall be determined by the County and shall be
reasonable.
(30) Any other conditions appropriate to the Assembly to be held.
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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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(10) A scale drawing of the seating arrangement showing individual seats, rows,
aisles, etc.
(11) A description of the type, height and strength of the fence enclosing the
Assembly grounds.
(12) A plan for emergency evacuation of the grounds in case of threatening
weather, violence, riot or other threatening circumstances.
(13) A letter of qualifications and intent to provide from all equipment and service
providers (ticket printers, security company, communications systems
providers, water, sanitary and refuse service or equipment providers, etc.),
indicating the name, address, phone number, and name of contact person of
the provider, and proof of the ability of the provider to perform.
(14) The plan for providing potable water, sanitary facilities, solid waste disposal,
and human waste disposal in accordance with the General Conditions.
(15) The plan for weather monitoring and warning of threatening conditions in
accordance with the General Conditions.
(16) If the Assembly is to continue or persons will be leaving during hours of
darkness, the plan for providing illumination to the Assembly grounds in
accordance with the General Conditions.
(17) If camping is to be allowed on the grounds, the plan for camping services and
facilities in accordance with the General Conditions.
(18) The plan for traffic control on the grounds and highways, including the
communication system between the event control center and parking and
traffic control staff in accordance with the General Conditions.
(19) The type and plan for communications between internal and external security
personnel, including County personnel, emergency medical personnel and
communication plan for emergency communications with persons attending
the Assembly. The telephone number of the event control center shall be
provided to the County Clerk as soon as it is known.
(20) If the Assembly will allow alcoholic beverages to be served, the plan for
serving and regulating alcoholic beverages in accordance with the General
Conditions.
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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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grounds, disposal of solid waste, and disposal of human waste in accordance
with the General Conditions. If a license is granted, a copy of that bond shall
be delivered to the County Clerk no later than 14 days prior to the date the
Assembly is to occur.
(28) Any other information appropriate to the Assembly.
(29) A statement by the applicant that the information contained in the application
is true and correct to the best of his /her knowledge and belief.
(30) Signature of the applicant.
(31) Notarization of applicant's signature.
SECTION 8. LICENSE APPLICATION PROCESSING.
(a) Seven properly completed sets of an application for a license and a nonrefundable
processing fee of $500 shall be submitted to the County Clerk at least 60 days prior
to the date the Assembly is to occur. The processing fee shall be in the form of a
cashiers check or a certified check.
(b) Upon receipt of the seven sets of the application and processing fee, the County
Clerk shall
(1) Publish notice in a newspaper likely to inform residents of the area where the
Assembly is to occur of receipt of the application, when the Assembly is to
occur, the nature of the Assembly, and any other information the Clerk deems
relevant, and invite written public comment.
(2) Forward a copy of the application to the clerk of the town in which the
Assembly is to be held and to each member of the Application Review Board.
(c) The Application Review Board shall review the application within 10 working days.
If the application is incomplete or required information is omitted , the application
shall be returned to the applicant once for supplementation. It must be returned
within 5 working days. If the application is still incomplete after supplementation,
the application shall be rejected, the processing fee will be forfeited to the County,
and no further action shall be taken on that application by the County.
(d) After review, the Application Review Board shall recommend granting or denying
the license, with its reasons, to the Committee. The recommendation shall be in
writing and shall be presented to the Committee not later than 30 days after receipt
of a properly completed application. A copy of the recommendation shall be
provided to the applicant.
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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 10. ENFORCEMENT AND PENALTIES.
(a) The provisions of this ordinance may be enforced by any court of competent
jurisdiction through injunctive relief and /or forfeitures.
(b) Any Person found to have violated any provision of this ordinance shall be subject
to a forfeiture of not less than $1,000 nor more than $10,000 for each violation, plus
costs and attorneys' fees. In default of payment of the forfeiture the Person may be
sentenced to not more than 6 months in the County jail. Each day a violation occurs
shall be a separate offense.
(c) The holding of an Assembly in violation of this ordinance shall be deemed a public
nuisance and may be abated as such. This provision is cumulative to any other
remedy available for violating this ordinance. This provision is not to be construed
to mean an Assembly complying with this ordinance cannot be a public nuisance.
SECTION 11. SEVERABILITY.
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Should any provision or portion thereof of this ordinance be found to be invalid by a court
of competent jurisdiction, the remaining provisions or portion thereof shall continue to be
valid.
SECTION 12. APPLICABILITY OF OTHER LAWS, REGULATIONS AND RULES.
(a) The provisions of this ordinance shall be cumulative to any other laws, regulations
or rules now or hereafter in effect in the County.
(b) No provision of this ordinance shall be construed to waive or satisfy the requirements
of any state or local regulation relating to the sale or use of alcoholic beverages.
SECTION 13. REPEAL OF PREVIOUS ORDINANCE.
This ordinance supersedes Ordinance #2(78)- Ordinance Regulating Large Assemblies.
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SECTION 14. EFFECTIVE DATE.
This ordinance becomes effective the day after official publication.
Offered by: Public Protection Committee
NEGATIVE AFFIRMATIVE
41111119 ift
Amended by County Board before adoption - added second sentence to §4(b).
Date of Publication: 3 3 4,- ci t.
STATE OF WISCONSIN
COUNTY OF ST. CROIX
I, Sue E. Nelson, SL *di
County Clerk, DO HEREBY CERTIFY *id
Ile foregoing is a true 2 1 n,'rct copy�d
adopted by .:.a "_?swiss*
at their ne6w7g fr)LA /7
Sus E Nelson, St. Crobc County Clertt
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