HomeMy WebLinkAbout10-63FEBRUARY 23, 2010 10 -63 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: CREATE SPECIAL EVENTS, MARCHES AND PUBLIC
ASSEMBLIES ORDINANCE
INITIATED BY: COMMON COUNCIL
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING CHAPTER 5,
ARTICLE III OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO SPECIAL
EVENTS, MARCHES AND PUBLIC ASSEMBLIES
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Chapter 5, Article III of the Oshkosh Municipal Code pertaining to
Special Events, Marches and Public Assemblies is hereby created to read as follows:
(See attachment. A copy of the ordinance is available for review in the Office of the
City Clerk or on the City's website at www.ci.oshkosh.wi.us)
SECTION 2. This ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted
ordinance #10 -XXX CREATE SPECIAL EVENTS, MARCHES AND PUBLIC ASSEMBLIES
ORDINANCE, on March 9, 2010. The ordinance establishes a process for application and
review of special events and costs associated with special events, marches and public
assemblies held on city property or requiring extraordinary city services.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone:
920/236 -5011.
CHAPTER 5 AMUSEMENTS
ARTICLE III
SECTION 5 -18 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES
I. PURPOSE
The City of Oshkosh recognizes that Special Events organized by individuals, private
organizations, and non - profits serve an important role in enhancing the city's quality of life and
can provide benefits to the community as a whole. In an effort to treat all persons and groups
uniformly, to facilitate the successful staging of these special events, and to be mindful of the
efficient use of available facilities and resources, the City will commit staff time and facilities to
review applications to hold special events and assist the organizers as needed to ensure that
special events have an overall positive effect upon the community and its resources.
The City will review Special Event applications for the purpose of assisting the event
organizer in complying with various applicable public safety requirements, as well as be
involved during the special event as needed to protect the safety and welfare of the public, and
resources owned by the public.
During the City's review and oversight in this process, the City will address traffic and
parking issues, health and safety issues related to the participants and the public, effects upon
neighboring properties, fire potential, explosions, disorder and other dangers to persons or
property, preservation of peace and order, sanitation, and the overall safeguarding of the public
health. The City will also consider the potential diversion of public health, safety, and
emergency services from their regular and necessary duties, and the additional costs of providing
public services necessary to protect the public health, safety, and welfare associated with special
events.
The City also recognizes that Marches and Public Assemblies held for the purpose of
conveying messages protected by the Constitution play an important role in enhancing the public
life of citizens as well as the interrelationship between citizens and their government. To that
end, the City will similarly review requests to hold Marches and Public Assemblies in the
context of the safety and welfare of the community and the availability of resources, but will do
so in an expedited and abbreviated manner to ensure that those wishing to hold and /or participate
in such events may do so without unreasonable delays or restrictions.
II. DEFINITIONS
A. "Special event" means a temporary gathering of people on public or private property and
involving at least one of the circumstances listed below. The City Manager, or their
designee, shall have the exclusive authority to determine whether or not an event meets
the definition of "Special Event."
1. Exclusive use of all or part of waterways, or City or County -owned facilities, within
the City boundaries such as buildings, parks, open spaces, streets, parking lots,
athletic fields, etc., but does not include normal park shelter rentals;
2. Will involve the closing of a public street, alley, or public right of way;
3. Over 250 people at any one time attending the event on private property, except those
situations meeting the definition of a "public assembly;"
4. Temporary installation or construction of structures, including but not limited to tents;
5. City ordinances and rules require public safety support by City employees;
6. Will require Extraordinary Services by any City Department;
7. Hours of the event extend beyond those otherwise adopted in City ordinances; or,
8. Alcohol, beverages, food, and /or merchandise will be offered.
Examples of Special Events include but are not limited to activities such as
running /jogging/walking events, boat, bicycle, running or road races and other forms of
competition and athletic events, music, theater, film performances or concerts, water ski
demonstrations, air shows, carnivals, equipment shows, cultural events such as art fairs,
antique shows, religious services, classes, meetings, parties, and other gatherings meeting
the above criteria. A Special Event is not intended include events such as a family
gathering; nonprofit organization, business, or company picnic; or other similar events
unless other criteria listed above apply.
Interested persons will follow a two -step process to determine if an event must obtain a
Special Events permit and comply with this Ordinance. The first step is to determine if a
particular event meets the definition of a "Special Event." The second step is to
determine if a Special Event needs to obtain a Special Event permit. Not all Special
Events will need to obtain a Special Event permit. The following section, "Permit
Required" identifies certain Special Events that do not need to obtain a Special Event
permit or to comply with the terms of this Ordinance. Events that do not need to obtain a
Special Event permit must still comply with all other Ordinances and laws.
B. "City property" includes all municipal buildings, parks, beaches, athletic fields and
complexes, streets and other rights of way, parking lots, boating and docking facilities,
and any other property owned, leased or controlled by the City of Oshkosh.
C. "Extraordinary Services" means reasonable and necessary services provided by the City
which specifically result from the Special Event. Extraordinary services result in
measureable financial costs which are above and beyond the normal levels of public
health and safety services on a non -event day. Extraordinary services will normally be
those services requiring city employees to be specifically assigned to tasks in support of
the Special Event and /or those services resulting in overtime pay or similar costs which
result from the event. Examples of extraordinary services may include police protection,
traffic control, fire monitoring, dedicated paramedic service, parks services, and other
services necessary to ensure the protection of participants and citizens, the proper
functioning of City services, and the proper administration of this ordinance and policy.
The City will make reasonable efforts to adjust the schedules of employees to minimize
the requirement for overtime pay or other costs for Extraordinary Services where
sufficient advanced notice of the event is provided.
D. "March" means a group of persons, of any number, moving from one place to another on
a public way or public place, which requires a street closing or otherwise requires police
officers to stop, reroute, or alter the normal flow in of vehicular or pedestrian traffic
because marchers are unlikely to comply with traffic regulations and controls. A march
is for the purpose of conducting activities which are protected by the Constitution. All
circumstances which do not meet the specific definition of a March will be reviewed as a
Special Event.
E. "Public Assembly" means an organized public gathering or group of persons, of any
number, which is reasonably anticipated to obstruct the normal flow of vehicular or
pedestrian traffic upon a public way or the normal use of a public place because those
assembled will not comply with the traffic regulations or controls, or with other public
place use laws or policies, and will be located in one place, but does not meet the
definition of a march. A public assembly is for the purpose of conducting activities
which are protected by the Constitution. All circumstances which do not meet the
specific definition of a Public Assembly will be reviewed as a Special Event.
I11. PERMIT REQUIRED
No person or entity acting as an event organizer shall set up for, hold, or conduct a Special
Event, March, or Public Assembly within the municipal boundaries of the City of Oshkosh
without first obtaining a Special Event, March, or Public Assembly permit. Due to the nature of
March and Public Assembly events, their review process will differ in some ways from Special
Events as noted throughout this Ordinance. Any differences in the requirements that apply to
Special Events, or Marches and Assemblies will be as noted herein.
The City Manager, or their designee, shall have the exclusive authority to determine whether
or not a permit is required for any particular event. The City's review of any permit application
and /or its subsequent issuance of a permit shall not be construed as acceptance by the City or its
representatives of any liability or responsibility for any injury or damage relating to the Special
Event, March and Special Assembly. Special Event, March, and Public Assembly permits are
temporary in nature, and do not vest any permanent rights.
Not all Special Events will require a Special Event permit. If an event meets the definition of
"Special Event," then a Special Event permit is required except for the following situations:
A. Events wholly contained on public or private property:
1. Specifically designed or suited for the Special Event, March, or Public Assembly; and
2. Which has an appropriate physical area for fire protection purposes, as well as
appropriate sanitation facilities and street and /or highway access; and,
3. Which result in no greater use of public facilities and services than on normal, non-
event days.
The provision of legal parking spaces is not included in the determination of whether or
not an event is "wholly contained" on public or private property.
B. Funeral processions.
C. Events organized solely by the City. In these instances, notices shall be given to all
affected departments so that they may determine their level of sponsorship. Events in
which the City participates as one of the organizers are not exempt from the requirement
of obtaining permits.
D. Recurring events which enter into a separate and specific agreement, which is approved
by the Common Council, to hold the event pursuant to the terms of the individual
agreement. The Council is authorized to modify the terms or requirements of this
Ordinance within such an agreement, provided the modifications meet the spirit if not the
letter of this Ordinance.
E. Events on property otherwise exempt from City of Oshkosh permitting requirements,
such as events wholly contained on property owned by the State of Wisconsin.
IV. PERMIT REQUIREMENTS
A. Special Events
1. Completed written applications for a Special Event permit along with the application
fee shall be filed with the City Clerk. Applications shall be on the form approved by
the City and signed by the person or authorized representative(s) of the entity
organizing the Special Event. In lieu of the application fee, the event organizer may
submit with its application a request that the fee be waived and provide in detail the
reasons of financial hardship and any other reasons for such request. The application
may be filed as early as desired by the applicant, but shall be filed no more than one
(1) year before, and no less than 45 days prior to the event.
2. Special Events must comply with all applicable City ordinances and requirements,
including but not limited to traffic rules, park rules, state health laws, fire codes,
building codes, zoning, food service, merchant, and liquor licensing requirements.
Special Event organizers shall use all reasonable efforts to ensure compliance of
participants/ attendees with all applicable City ordinances, traffic rules, park rules,
state health laws, fire codes, and other licensing requirements, unless otherwise
waived herein.
3. The applicant shall identify a designated individual who can be contacted at any time
by any person regarding the event, including City representatives such as the Police,
Fire, Health, Inspections Services, Parks, Public Works, Transportation, or Legal
departments to provide information or answer questions, or to whom City
representatives may refer questions and comments from the public.
4. The following City departments will be provided with copies of the Special Event
permit application for their review and comment: City Manager, Police, Fire, Health,
Inspection Services, Public Works, Parks, Transportation, and Legal. Additional City
officials may need to review the application as may be warranted by the specific
circumstances of the event. City departments shall notify the City Manager that they
recommend the approval or denial of the Special Event permit as requested, approval
of the permit contingent upon changes or modifications of the original request, or take
no position on the application. At the time each City department comments upon an
application, they shall also provide the City Manager with their best estimate of the
cost of extraordinary services which may be necessary for the event.
5. The approval of any Special Event permit application shall always be conditioned
upon the approval of all other necessary permits, licenses, and inspections by City
departments, in addition to Common Council approval of the Special Event permit.
6. Special Event permits shall not be transferred or assigned without approval of the
Common Council. Special Event permits are automatically revoked at the time of
transfer or assignment without prior approval of the Council.
B. March and Public Assembly Permits
It shall be the policy of the City of Oshkosh to review permit applications for Marches
and Public Assemblies solely on the basis of their effect on the Health, Safety, and
Welfare of the community. The City does not discriminate against any particular group
or type of speech expected to be present when reviewing and acting upon any March
and /or Public Assembly permit application.
1. Completed written applications for any March or Public Assembly permit along with
the application fee shall be filed with the City Clerk a minimum of five (5) business
days prior to the proposed March or Public Assembly. Applications shall be on the
form approved by the City and signed by the person or authorized representative of
the entity organizing the March or Public Assembly. In lieu of the application fee,
the event organizer may submit with the application form a request that the fee be
waived and provide in detail the reasons for financial hardship and any other reasons
for such request.
2. The Chief of Police, or designee within the Police Department, shall have the
authority to take all necessary action regarding the March or Public Assembly permit
application, including the approval or denial of the application. Applications shall be
reviewed and approved as submitted, denied as submitted, approved with conditions,
or tentatively approved within two (2) business days after the application is
submitted.
3. Tentative City approval may be given within the response period for circumstances
which involve property or right of way controlled by other persons or governmental
entities, such as circumstances involving right of way or property controlled by the
State of Wisconsin.
4. During the review of the application, the Chief of Police may consult with all persons
reasonably necessary and available for such consultation, including the event
organizers and all other persons, entities, agencies, and governmental officials
deemed necessary by the Chief in order to make an informed decision regarding the
application's effect upon the health, safety, and welfare of the community.
5. March and Public Assembly permit applications shall be reviewed for their effect
upon traffic control, public safety, as well as other considerations affecting the public
health, safety and welfare including the date, time, location and /or route, police and
fire protection necessary, and sanitation provisions required. The application review
will also include analysis of the organizer's plans to reasonably ensure that
participants /attendees will also comply with all applicable laws.
6. The City's decision related to March and Public Assembly permit applications shall
include a requirement that the application fee be paid or that the fee is waived, a
requirement that the costs for Extraordinary Services be paid by the organizer(s) or
that the costs are waived, and a requirement that any other condition(s) allowed by
law and which are necessary to ensure the health, safety, and welfare of the
community shall be incorporated into the terms of any approved permit.
7. In those circumstances in which it is determined that costs for Extraordinary Services
shall be paid by the organizer(s), the Chief of Police shall have the authority to
require that some or all of the estimated costs for such services be paid to the City in
advance or deposited in an approved escrow account for the purpose of paying for
such costs, or to require that another form of security be submitted by the organizer(s)
for the purpose of paying for such costs.
Before any March or Public Assembly permit is denied in whole or in part, the Chief
of Police shall make all reasonable efforts to discuss with the applicant the proposed
event and its effect upon the public safety, and shall provide or suggest to the
applicant reasonable alternative dates, times, locations, or other terms, conditions, and
parameters of the March or Public Assembly, to the extent that any such alternatives,
terms, or conditions may be reasonably carried out while protecting the public's
health, safety, and welfare.
9. Any applicant seeking to appeal the decision of the Chief of Police shall make such
appeal, in writing, to the City Manager, or designee. The City Manager, or designee,
shall meet with the Chief of Police and the applicant within three (3) business days
after receiving an appeal. Legal counsel and other persons with relevant factual
information may participate in this appeal meeting. The City Manager, or designee,
shall provide the parties with an oral decision at the conclusion of the meeting. A
written decision may be requested by either the applicant or the Chief of Police, and
shall be made available by the City Manager as soon as practicable.
10. An applicant may appeal the decision of the City Manager, or designee, to the
Common Council by filing a notice of appeal with the City Clerk. The Clerk shall
place this issue on the agenda for the next regularly scheduled Council meeting in
which legally required notice may be provided to the public.
11. The Council may affirm, reverse, or modify the determination of the City Manager, or
designee, at the conclusion of the agenda item and after all interested persons have
had an opportunity to be heard at the noticed public meeting.
12. Any applicant aggrieved by the decision of the Common Council may seek such other
legal relief as may be available.
V. REGULATIONS
Special Event permit applications shall address the following issues and attach additional
supporting material if necessary. A summary of required information follows, and more specific
requirements can be obtained from City departments when planning the event and seeking City
approval.
A. Duration and hours of Operation The Special Event application shall specify the specific
days upon which the event shall occur or, in the case of seasonal or recurring events, the
days within the season or period within the calendar year upon which the event will
occur. No Special Event shall be open except between the hours of 8:00 a.m. and 11:00
p.m., unless such other hours of operation are specifically approved by the Council. The
permit application shall also specify the hours during which pre -event set up and post -
event takedown operations will occur, and no such pre -event and post -event activities
may be conducted other than as specified.
B. Maximum Attendance A Special Event permit application shall specify the maximum
daily peak number of people reasonably expected to attend.
C. Parking: A Special Event permit application shall include a plan identifying areas that
may be reasonably expected to be utilized by event participants for off - street and on-
street parking. The applicant shall take all reasonable precautions to minimize adverse
effects on the neighborhoods that will be directly affected by parking and traffic related
to the event. The police department shall post temporary parking- related regulations on
public streets for Special Event only if it is determined to be necessary by the Police
Chief for public safety or as may be directed by the Common Council within a permit
approval process.
D. Sanitary facilities and Potable Water All sanitary facilities and potable water facilities
shall be provided for as required in the applicable codes.
E. Illumination If the Special Event is to continue during hours of darkness, it shall comply
with all applicable codes related to illumination.
F. Security: The Special Event applicant shall work with the Oshkosh Police Department to
ensure that appropriate security and safety is provided for the event. The Police
Department may be required, at its discretion, to be directly involved in the Special
Event, with the costs of any Extraordinary Services to be borne by the Special Event
applicant if required by the Common Council.
G. Fire Dept. Protection All fire protection applicable to the Special Event activities on the
premises, shall be provided by the applicant as required by the municipal Fire Prevention
Code and the Wisconsin Administrative Code, including alarms, extinguishing devices,
fire lanes, and fire escapes.
H. Compliance with other Code Provisions No Special Event shall be held unless all
necessary municipal permits, licenses, and approvals applicable to the activities to be
held during the Special Event have been issued.
I. Refuse Removal The Special Event sponsor shall be responsible for taking all
reasonable efforts to pick up litter and refuse during the event, and for removing all litter
and refuse created during the event within twenty -four (24) hours after the conclusion of
the event. The event organizer is responsible not only for the event grounds, but will also
take all reasonable measures for the removal of litter and refuse attributable to the event
from the surrounding neighborhoods and properties.
J. Notification The Special Event organizer may be required by the City to provide
reasonable advance notice to residents and /or businesses, or to neighborhoods if
individual notice is impractical, who may be expected to experience a substantial traffic
and /or noise impact from the event.
K. Barricades Barricades may be required for street closures or pursuant to a security plan.
Barricades may be available for rent from the City or from private companies. All
barricades used for the Special Event shall meet the standards as set forth in the Manual
on Uniform Traffic Control Devices (MUTCD), unless they are manned barricades.
VI. APPLICATION REVIEW
A. Applications for Special Event permits shall be processed in the order of their receipt.
Persons or groups holding an approved Special Event may reserve dates for the event to
be held the following year provided they submit to the City Clerk notification of their
intent to hold the event, the date(s) on which the event is expected to be held, and the
application fee within sixty (60) days after the end of the Special Event. This notice and
fee will reserve the dates identified until the formal application is submitted, or the notice
of intent is withdrawn, and will have priority over any other applications received. Dates
will not be reserved if an application also includes a request to waive the application fee.
Unless the City receives a notification of intent to hold an event as described above, the
use of City property and allocation of City resources shall be based upon the applications
as they are received without regard to events that may have been held in previous years.
Recurring events with separate agreements approved by the Council will have priority
over the above reservations for the reservation of dates and the allocation of City
services.
B. Upon receiving an application for a Special Events permit, the City Manager may
schedule a meeting or meetings involving the applicant, any of the affected City
departments, the public, and /or other interested persons or officials. Meetings will be
scheduled at the discretion of the City Manager based upon the circumstances of the
Special Event. The purpose of the meeting will be to discuss the Special Event and its
potential impacts, the City services requested, and the City services which may be
required. Such a meeting will be held as soon as practical after the application has been
submitted.
C. As soon as practical after the Special Event permit application is submitted, the City
Manager shall provide a recommendation to the Common Council regarding the Special
Event permit application. Potential recommendations may include: (1) the permit be
issued as requested and without conditions; (2) the permit be denied; or, (3) the permit be
approved subject to certain conditions deemed reasonable and necessary by the City
Manager. The City Manager may also recommend to the Council that the permit fee be
waived, that the costs for Extraordinary Services anticipated by the City to be necessary
should be recouped from the event sponsor(s) or that the costs for Extraordinary Services
provided should be waived. The Common Council shall approve or deny Special Event
permit applications, place conditions upon any permit, require that the permit fee be paid
or waived, and require that some or all of the costs incurred by the City for providing
Extraordinary Services be reimbursed or that such costs will be waived.
D. To the extent permitted by law, the Common Council may deny an application for a
permit if the applicant has on prior occasions made material misrepresentations regarding
the nature or scope of any event or activity previously permitted, has held prior special
events without proper permitting or licensing, or has violated the terms of a prior permit
issued to or on behalf of the applicant. Additionally, a prior experience of the applicant
in holding any event, or in holding the Special Event which is the subject of the
application, will be considered and may impact the issuance of Special Event permits. A
permit may be denied, or conditions placed thereon, based upon considerations of the
health, safety, and welfare of the community, and of the anticipated costs of holding such
event. Additionally, the Common Council may base their decision on one or more of the
following grounds:
1. The application is not fully completed and/or fails to include necessary attachments;
2. The applicant asserts that they cannot or will not pay the application fee and the
Council determines that such fee should not be waived;
3. The applicant asserts that they cannot or will not pay the cost for Extraordinary
Services and the Council determines that such costs should not be waived.
4. The application for permit contains a material falsehood or misrepresentation;
5. The applicant is not legally competent to sign a contract, or to be held responsible for
its actions;
6. The applicant has, on prior occasions, been required to pay for Extraordinary
Expenses or damages to City property and has not paid in full for such expenses or
damages;
7. A Special Event permit application for the same time and place, or utilizing
extraordinary City resources, has previously been received, and a permit for such
previous application has been or will be granted which will authorize uses or
activities which does not reasonably permit the multiple occupancy of City facilities
or would result in a utilization of City resources which would adversely affect the
health, safety, and welfare of the community;
8. The Special Event use or activities intended by the applicant would conflict with
previously planned events and programs which have been organized by others either
through the use of City facilities or the unavailability of sufficient City resources for
the proposed event;
9. The intended Special Event use or activity would present a grave or unreasonable
danger to the health or safety of the persons expected to participate in the event, the
neighborhood in which the event will occur, the community as a whole, or City
property and resources required to be involved with the proposed event;
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10. The number of persons expected to participate in the Special Event would result in a
concentration of persons, vehicles, or things which cannot be supported at the
requested time or location due to a lack of sufficient open area, streets, offsite
parking, or traffic controls.
11. Activities reasonably expected to occur at the intended Special Event are prohibited
by law.
E. Amendment or Revisions of Applications Any amendment or revision of any permit
application shall, for purposes of determining the priority of the application, relate back
to the original filing thereof unless the original filing is unreasonably incomplete or
lacking sufficient information to allow for an adequate review of the proposed event.
F. Mapped Routes and Alterations of Mapped Route Routes for Special Events such as
parades must be submitted with the permit application. Proposed Routes may be altered
at the discretion of the City in the interests of the health, safety, and welfare of the
community. Any deviation from the approved route without approval of the City will
constitute a violation of the permit conditions and of these requirements. Additionally,
unapproved changes may result in the denial of future Special Event permit applications.
VII. FEES AND REIMBURSEMENT SCHEDULE
A non - refundable administrative fee is required for all Special Event, March, and Public
Assembly permit applications. Permit applications may include a request to waive the
application fee. However, permits shall not be issued unless the fee is paid or it is specifically
waived by the Council. The permit application fees identified herein are separate from other
specific fees or licenses required, and separate from any requirement to reimburse the City for
the actual cost of any Extraordinary Services required for the permitted event, or for damage or
destruction resulting from the event.
A. Permit Fees
1. Special Event, March, and Public Assembly Permits (non - refundable)
a. Multiple day event (consecutive or recurring)
Liquor license required: $200.00
b. Multiple day event (consecutive or recurring)
No liquor license required: $150.00
c. Single day event
Liquor license required: $100.00
d. Single day event
No liquor license required: $ 50.00
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2. All other required charges and /or fees, including but not limited to facility rental,
food and beverage sale permits, temporary structure fees, and equipment rental fees,
etc., must be paid in addition to the permit application fee. Submittal of a permit
application does not reserve a park or any other City facility, property, or services
necessary for the event.
3. Applicants for Special Events, March, or Public Assembly permits may include in
their initial submission a request that the permit administrative fee be waived due to
substantial financial hardship.
B. Extraordinary Services Charges
The Common Council shall approve by Resolution each year a list of standard fees and
charges which will be used to determine the amount of charges attributed to
Extraordinary Services provided to Special Events by the City. The Resolution may
provide for standard hourly charges or flat fee charges for services provided, and may
specify tasks that may or may not be subject to Extraordinary Service charges.
C. Extraordinary Services Reimbursement:
1. Special Events
a. For those Special Events in which costs for Extraordinary Services are not waived
by the Common Council, event organizers shall be liable for and shall pay to the
City Clerk the actual cost of all Extraordinary Services provided by the City. If
the Special Event has more than one person or entity organizer, then each of the
organizers are liable to the City for the total amount due, regardless of how the
multiple organizers may separately agree to divide these expenses. If the City is a
co- organizer of a Special Event, the cost of the Extraordinary Services the City is
responsible for will be based upon the level of City involvement, and that amount
shall be deducted from the total cost for the Extraordinary Services provided by
the City. The costs for Extraordinary Services charged to event organizers shall
not exceed the actual costs of providing these services. This fee shall be paid to
the City within thirty (30) days of the date an itemized invoice for the same is
prepared and mailed by the City at the conclusion of the Special Event.
b. Prior to any approval of a Special Event permit, the Police and Fire Departments,
along with all other departments potentially affected by the proposed Special
Event, shall review the application and report to the City Manager their respective
findings as to an estimate of the costs reasonably expected to be incurred by the
City for providing Extraordinary Services at or for the Special Event. The
application shall be required to provide enough detail to allow the City
departments and to determine the level of Extraordinary Services required and
their associated costs for the Special Event. The estimates provided by City
departments shall provide enough detail to allow the event organizer to
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reasonably understand the Extraordinary Services that are expected to be
necessary.
After reviewing the findings of the City departments, the City Manager may
recommend to the Common Council that conditions relating to advance payment
or reimbursement of the costs for Extraordinary Services be placed upon the
Special Event permit if approved. Alternatively, the City Manager may
recommend that payment or reimbursement of some or all of the costs for
Extraordinary Services to be provided be waived.
d. The Common Council shall address the issue of Extraordinary Services before or
at the time it takes action on a Special Event permit application. The Council may
address the issue of Extraordinary Services through one or more of the following
actions:
i. The Council may require that event organizers pay all actual costs for
Extraordinary Services provided by the City for the event, with the total costs
incurred to be mailed via invoice to the organizer(s) within thirty (30) days
after the conclusion of the event.
ii. The Council may require the event organizer(s) pay less than the actual costs
for Extraordinary Services provided by the City in an amount to be
determined by the Council depending upon the unique circumstances of the
event, with the remaining actual costs to be waived. Any amounts required to
be paid shall be mailed via invoice to the organizer(s) within thirty (30) days
after the conclusion of the event.
iii. The Council may waive all costs for Extraordinary Services provided by the
City for the event.
iv. In the event that the Council requires that the event organizer(s) pay some or
all of the costs for Extraordinary Services provided by the City for the event,
then the Council may require that funds be placed in escrow, or other
necessary security be provided, before the permit is issued. The amount of the
cash deposit or other security shall be based upon the cost estimate of the
Extraordinary Services which may be incurred. The Special Events permit
shall not be issued until the event organizer(s) have complied with any
requirements for security.
v. Security for the estimated costs of Extraordinary Services may be in the form
of a cash deposit in an escrow account, bond, letter of credit, or similar
instrument, with the type and form of the instrument to be at the discretion of
the City.
vi. If the actual costs for Extraordinary Services exceeds the security provided
and has not otherwise been waived by the Council, then the difference shall be
13
billed to and paid by the event organizer(s). If the actual costs for
Extraordinary Services provided is less than the amount of funds deposited in
advance of the event, then any unused amounts must be returned to the event
organizer(s) within a reasonable time after the event concludes. Any other
security instrument must be either used or released by the City within a
reasonable time after the conclusion of the event
2. Marches and Public Assemblies
The City, through the Chief of Police, shall address the issue of costs for
Extraordinary Services before or at the time final action is taken on a March and
Public Assembly permit application. Extraordinary Services will generally consist of
vehicular and pedestrian traffic control and of efforts to ensure the safety of persons
and property in crowded and /or potentially volatile situations.
a. The City may require that event organizers pay all costs for Extraordinary
Services provided by the City for the event, with the total costs incurred to be
mailed via invoice to the organizer(s) within thirty (30) days after the conclusion
of the event.
b. The City may require the event organizer(s) pay less than the costs for
Extraordinary Services provided by the City in an amount to be determined by the
Chief of Police depending upon the unique circumstances of the event, with the
remaining actual costs to be waived. Any amounts required to be paid shall be
mailed via invoice to the organizer(s) within thirty (30) days after the conclusion
of the event.
c. The City may waive all costs for Extraordinary Services provided for the event.
d. In the event that the City requires that the event organizer(s) pay some or all of
the costs for Extraordinary Services provided by the City for the event, then the
City may require that funds be placed in escrow, or other necessary security be
provided, before the permit is issued. The amount of the cash deposit or other
security shall be based upon the cost estimate of the Extraordinary Services which
may be incurred. The Special Events permit shall not be issued until the event
organizer(s) have complied with any requirements for security.
e. Security for the estimated costs of Extraordinary Services may be in the form of a
cash deposit in an escrow account, bond, letter of credit, or similar instrument,
with the type and form of the instrument to be at the discretion of the City.
f. If the actual costs for Extraordinary Services provided exceed the security and has
not been waived by the Chief of Police, then the difference shall be billed to and
paid by the event organizer(s). If the actual costs for Extraordinary Services
provided is less than the amount of funds deposited in advance of the event, then
any unused amounts must be returned to the event organizer(s) within a
14
reasonable time after the event concludes. Any other security instrument must be
either used or released by the City within a reasonable time after the conclusion of
the event.
D. Considerations for Reviewing Application Fees and /or Extraordinary Costs
The Common Council will review applications for waivers of application fees, as
well as recommendations from the City Manager relating to the assessment or waiver of
City costs for providing Extraordinary Services based upon relevant and lawful criteria.
The Council should at a minimum consider the following criteria for making these
determinations, as well as other criteria which may be relevant on a case by case basis.
As each Special Event is different, the Council may place different weight on different
criteria in each circumstance and therefore the following list does not set any priorities
for any particular event.
1. The Special Event's benefit to the quality of life to the City has a whole;
2. The Special Event's financial benefit to the City as a whole;
3. The Special Event is of interest to a smaller segment of the City's population which
the City seeks to encourage;
4. The tradition of the event in the City;
5. The cultural and /or historical significance of the Special Event;
6. Whether or not the Special Event provides services or functions that are traditionally
organized or sponsored by other Cities or governments;
7. Whether or not the Special Event organizers are making good faith efforts to
minimize adverse effects on the health, safety, and welfare of the community and as a
result minimizing the need for City employee involvement;
8. The effect of the Special Events on the neighborhood(s) surrounding the site of the
event;
9. The financial burden the Special Event places on the City's taxpayers as a whole;
10. The financial condition of the event organizer(s).
VIII. INDEMNIFICATION AND HOLD HARMLESS
Organizers of Special Events, Marches, and Public Assemblies shall be required to sign
an agreement in a form acceptable to the City in which they agree to indemnify the City of
Oshkosh, and its departments, and hold the City and its departments, employees, and agents,
harmless from any liability to any person resulting from any damage or injury to property or any
person which occurs in connection with the permitted event proximately caused by the any
actions or inactions of the event's organizer, their officers, employees, or agents, or any person
under their control insofar as permitted by law.
15
IX. INSURANCE
All Special Event organizers shall procure at their expense, a policy of insurance subject
to the City's minimum requirements for Special Events.
The insurance required by the City of Oshkosh is primary coverage for incidents which
may occur on City property or to City employees during the event, and any insurance or self
insurance maintained by the City of Oshkosh, its officers, council members, agents, employees
or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to
commencing the event and remain in force throughout the entire event, including the clean up
period after the event.
The certificate of insurance shall be satisfactory proof of insurance of said policies and
shall be filed at the office of the city clerk for the City of Oshkosh a minimum of five (5) days
prior to the scheduled event. A copy of the certificate of insurance may be accepted by facsimile
transmission or an email attachment with the original to be received no later than three (3) days
prior to the event. The event shall not be allowed to proceed without submission of insurance
documentation. The City's act of receiving and retaining proof of insurance information without
comment shall not be considered acceptance, waiver, or modification of any term or requirement
herein, or any applicable law.
X. EVENT CANCELLATION
The City Manager in the case of a Special Event, or the Chief of Police in the case of a
March or Public Assembly, may cancel a Special Event, March, or Public Assembly, regardless
of whether or not a permit has been issued, without prior notice for any significant change in
conditions which would or may adversely affecting the public health or safety of the community,
or for any condition that would place facilities, grounds, or other nature resources at risk of
damage or destruction if the event were permitted to take place.
XI. PENALTIES
In addition to other potential fines, penalties, and/or charges as described in the Oshkosh
Municipal Code, the violation of the terms of the Special Event, March, or Public Assembly
permit shall be punishable by forfeiture of not less than $500.00 and not more than $1,000.00.
Each day of violation shall be considered a separate offense. In addition, the City may enforce
this section by way of immediately revoking the permit, seeking injunctive relief, and all other
remedies available at law and in equity.
The penalties set forth herein shall also apply to all persons, organizations, and entities
that organize events which are required to obtain a Special Event permit but fail or refuse to do
so. If any person violates any provision of this Ordinance, the City shall have the authority to
institute the appropriate legal action or proceedings to ensure compliance and to thereby prohibit
such person from violating these conditions.
16
The failure to obtain a Special Event permit before holding or conducting a Special Event, or the
failure to abide by Special Event, March, or Public Assembly permit requirements, will
constitute a violation of this section and may result in the termination of the event, denial of
future permit applications, or issuance of a City Ordinance citation.
XII. SEVERABILITY
If any provision of this Ordinance or application thereof to any person or circumstances
be held invalid, the remainder of this Ordinance and the application of such provision to other
persons or circumstances shall not be affected. The City of Oshkosh reserves the right to amend
or repeal this Ordinance at any time upon proper notice; and all rights, privileges and immunities
conferred by this Ordinance or by acts done pursuant hereto shall exists subject to such power.
17
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisc nsin City of Oshkosh
4
OfHKOfH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
Ray Maurer, Parks Director
DATE: February 19, 2010
RE: Special Events Ordinance
On its February 23 Agenda the City Council will have for a first reading the
Special Events Ordinance. Staff has previously provided memorandum to the
Council outlining the ordinance, the changes that had been made to the
ordinance in response to feedback received from the community and the costs
associated with several special events that were held in the City this past year.
This memorandum will focus upon the concerns that had prompted the formation
of the ordinance and how those concerns were addressed and the process
proposed in the ordinance as presented to the Council.
The Ordinance was reviewed and recommended for approval by the Parks
Advisory Board at its February 8 th meeting.
In addition, we would like to make Council aware that staff is also reviewing the
city's current insurance requirements for special events and anticipating bringing
forward a resolution with the second reading of this ordinance to modify the City's
current requirements to allow for a tiered approach to the required coverage
which may allow smaller events or events with less risk associated with them to
obtain less costly insurance coverage.
BACKGROUND
The Common Council had directed staff to draft an ordinance regarding special
events which are, or may be, held within the City of Oshkosh in response to
concerns that had been raised by the Council, staff and citizens. These
concerns included:
Lea
Special Events Memo: 2/19/10: Page 2
• the cost of special events and whether those costs for special events
should be paid by the event sponsor, or supplemented or paid for by all
taxpayers;
• the diversion of limited city resources to support special events (with or
without compensation from the sponsors of those events);
• providing information to the public about potential upcoming special
events and allowing a mechanism for the public to comment about both
positive and negative implications of events;
• setting appropriate objective criteria for the City government and
community review of proposed special events; and,
• providing persons and entities who wish to hold special events within the
City with appropriate, accurate and complete information in an easily
accessible, understandable, and objective form which will guide them as
they plan for the event.
We will address each of these concerns separately.
the cost of special events and whether those costs for special events
should be paid by the event sponsor, or supplemented or paid for by all
taxpayers;
Staff first focused upon the issue of what costs are appropriately attributed to the
special events as the City has typically provided many services in support of
special events. Staff identified some of those services and the costs associated
with them as more appropriately associated with their "normal course of
business" than particularly caused by or in response to a special event. For
example, the parks department may mow a park and weed flower beds before a
special event to make certain that the park is looking its best during the special
event when a larger number of visitors may be enjoying it. The parks department
would mow and remove weeds as part of their normal course of business and
although they may alter the timing of the services to accommodate an event, they
did not believe it appropriate to attribute those costs to the special event.
Similarly, the police department, may have patrol officers walk through an event
on their normal duty but only identified those instances when in their professional
opinion additional officers were needed to staff an event and the department was
required to pay overtime, as extraordinary costs that they would consider outside
of their normal course of business. Based upon these discussions, staff is
proposing to limit the costs to be identified and recovered or waived under the
proposed ordinance as "extraordinary costs ".
Under the proposed ordinance, the extraordinary costs of special events will be
estimated by the various departments and divisions of the city and submitted to
the City Manager for his review. The City Manager will review the application
Special Events Memo: 2/19/10: Page 3
and the anticipated costs and make a recommendation to the Council for
reimbursement or waiver of all or a portion of the estimated costs.
• the diversion of limited city resources to support special events (with or
without compensation from the sponsors of those events);
The proposed ordinance helps to address the concern of diverting limited
resources by providing a minimum time limit for submission of an application for
an event and a better notification method for departments /divisions to be aware
of events and to plan for any services that may be necessary for those events.
The proposed ordinance provides a mechanism for the staff to obtain more
detailed information about proposed events through a standardized form and
checklists identifying typical attributes of special events. Applications, after
submission to the City Clerk's office, will be distributed to the various
departments and divisions for their review and those departments /divisions will
be better able to identify the resources that they may be required to provide for
an event. Currently there is not an established deadline for submission of
information related to events and staff has had to respond to requests or
identified needs for diversion of resources within a compressed time frame. By
providing a minimum time frame for submission of information prior to events and
a coordinated review of events, departments /divisions will be better able to plan
for the provision of necessary services.
providing information to the public about potential upcoming special
events and allowing a mechanism for the public to comment about both
positive and negative implications of events;
Under the proposed ordinance an organizer of a special event will be required to
fill out an application form that will provide basic information about the special
event including specifically some issues of concern that have previously been
identified by the Council and citizens related to special events, such as the
duration and hours of operation; the daily peak estimate of attendance; how
parking will be handled; how adequate sanitary facilities and potable water will be
provided to patrons of the event; whether illumination will be provided; whether
and how security and fire protection may be provided; and how refuse removal
will be provided.
The process for review proposed under the ordinance would allow staff and the
City Manager to review and identify any potential concerns related to these
issues and work with event organizers to address those concerns. This
information would also be provided to the Council for their review and be
available to the public as a part of the Council agenda.
Special Events Memo: 2/19/10: Page 4
• setting appropriate objective criteria for the City government and
community review of proposed special events;
The goal of assuring that events are reviewed through appropriate and objective
criteria is furthered by the establishment of a standard procedure and the
implementation of standard forms assuring that all events provide sufficient and
similar information to allow for an appropriate and objective review. Requiring all
event organizers to provide similar and complete information allows anyone
reviewing the information a better understanding of the event and of the
similarities or differences between various events. While there will still be some
subjectivity in the process of review by its nature, provision of more and more
transparent information ensures that even where there may be subjectivity in a
process, the exercise and appropriateness of the subjectivity can be reviewed.
In addition, concerns were specifically raised in relation to the criteria for waiver
of fees. In response to those comments, staff identified specific criteria within the
ordinance for Council to consider.
providing persons and entities who wish to hold special events within the
City with appropriate, accurate and complete information in an easily
accessible, understandable, and objective form which will guide them as
they plan for the event.
This concern is addressed both by the formulation of an ordinance and by the
development of the assistance packet that is designed to provide event
organizers with appropriate, accurate and easily understandable information to
assist them in preparing for their event. One concern that has been raised with
staff and was the subject of some discussion at the Parks Advisory Board was
the application form. The application form is several pages long. However,
when you review the draft form you will notice that the form is primarily structured
as fill -in- the -blank and check - the -box; depending upon the particular event, parts
of the form may not apply to all organizers. As noted previously, the intention of
the form is to obtain the basic information necessary for review of the event and
staff felt that providing a "fill -in- the - blank" form was an easier method than
requesting event organizers to provide uniform information. By providing a form,
it is less likely that pertinent information may also be inadvertently left out of the
review process.
ANALYSIS
As identified in previous memorandum to the Council related to the drafting of
this ordinance, the proposed ordinance first defines a "special event" to broadly
include any temporary gathering of persons on public or private property
Special Events Memo: 2/19/10: Page 5
involving the use of either City property or extraordinary City services. The
ordinance identifies a two -step process that will determine whether a special
event permit will be required. The first step is to determine whether the event
meets the definition of a special event ". The second step would be to determine
whether a permit is required. There are several exceptions to the requirement to
obtain a permit 1) for events that are held on property specifically designed or
suited for the event that have the appropriate fire protection, sanitation and other
facilities to support the event and which result in no greater use of city services or
facilities than on normal, non -event days; 2) funeral processions; 3) events
organized solely by the City; 4) events which enter into a separate agreement
between the City and the event organizer to hold the event; and 5) events on
property otherwise exempt from the City of Oshkosh permitting requirements
such as events held on property owned by the State of Wisconsin.
If an event organizer is required to obtain a permit, the proposed ordinance
attempts to create a "one stop shop" for the application in an effort to make it
easier for the applicant, City staff and the Council to review the implications of
proposed events. The process outlined in the draft ordinance anticipates the
applicant filling out and submitting the special events application form together
with any other necessary permit or license application forms to the City Clerk's
office. The issuance of the Special Event Permit is proposed to be in addition to
any other permits, licenses or inspections that would otherwise be required by
State Statute or Municipal Code. That is, a person seeking to hold a special
event at which food and alcohol are proposed to be served would obtain the
special event permit, the temporary food permit and the temporary liquor license
to cover the event.
The form is designed to require short fill -in- the -blank responses or checks in
response to specific questions, along with some diagrams or maps that may be
necessary for review. A provision is included in the draft ordinance for the
imposition of a fee to cover at least some of the administrative costs of reviewing
the special events application. This fee would be in addition to other required
fees such as temporary restaurant license fees, liquor license fees or other
permit fees. Recognizing this and the fact that many events may have limited
budgets, staff proposes a scaled fee from $50 to $200 based upon whether the
event is a single day, multiple day event and whether a liquor license is required
for the event.
The application form will be distributed and reviewed by the Police, Fire, Health
Services, Inspection Services, Public Works, Parks, Transportation, the City
Clerk's office, the City Attorney's office and the City Manager. City Departments
will review the application and must estimate the cost of any extraordinary
services that may be required. Each department may identify any concerns
Special Events Memo: 2/19/10: Page 6
regarding the event and make a recommendation to the City Manager regarding
the issuance of the permit. The City Manager will review the information
submitted and make a recommendation to the City Council who will make the
final determination on whether to issue the permit. It should be noted that staff
has worked closely with event organizers in the past to address concerns with
individual events. This close working relationship will continue under the
proposed ordinance.
The proposed ordinance would give the Council final review authority over the
issuance of the permit, with the ability to waive all or a portion of the permit
application fee and any extraordinary costs associated with the event. Costs for
services would be established via resolution of the Council on a yearly basis. As
noted in previous memorandum, it was felt that bringing these costs to the
Council annually would allow the Council and the public the opportunity to
recognize these costs and for the Council to establish a standard relating to the
charging of costs that would be applied to all events. It would also allow the
Council the opportunity to determine whether certain charges may be wholly or
partially waived as a class. For example, staff has reviewed the costs associated
with certain types of events and identified parades and block parties as two types
of events that result in minimal extraordinary cost to the City and which would
appear to meet the criteria identified in the ordinance's section relating to waivers
of fees and costs. The Council may choose to waive all fees and costs related to
parades and block parties as a class of events rather than individually review
each application for waiver for these types of events.
As noted previously, the proposed ordinance was revised to provide for
organizers to enter into separate agreements with the City in relation to events.
Because the ordinance contemplates an event or series of events to be held
within a specific year and the City is host to several long -term events that are
planned years in advance, a provision was included to allow event organizers the
option of entering into a separate contract with the City which would allow
organizers to obtain a greater level of certainty for planning events into the future.
The ordinance specifies that agreements would be approved by the Council and
that the Council is authorized to modify the terms or requirements of the
ordinance within the context of the agreement provided that the modifications are
consistent with the spirit, if not the letter, of the ordinance.
There is a separate process proposed in the ordinance for Marches and Public
Assembly Permits. Marches and Public Assemblies are for the purpose of
conducting activities protected by the Constitution and court cases have placed a
higher burden upon municipalities seeking to regulate protected activities. We
Special Events Memo: 2/19/10: Page 7
have reviewed the applicable case law in regard to these issues and have
proposed a draft that we believe meets the constitutional requirements for
dealing with these types of events.
FISCAL IMPACT
The ordinance as proposed would allow the City to review and make a
determination upon whether to recoup all or a portion of the costs for services in
support of special events held within the City from event organizers. The
ordinance would require departments and divisions within the city organization to
identify anticipated extraordinary costs associated with special events and
forward those to the City Manager and Council for review and a determination of
whether such costs should be charged to the event organizers or waived and
borne by the city taxpayers.
RECOMMENDATION
The proposed ordinance consolidates the applications related to special events
and provides a coordinated, efficient and standardized process for reviewing
special events and the potential costs and issues associated with events held on
city property or requiring extraordinary city services. The proposed ordinance
includes flexibility by allowing event sponsors to enter into agreements with the
City relating to the event and providing the City Council with the opportunity to
determine whether, and to what extent, the City may choose to supplement the
costs of an event through fee and cost waivers.
It is recommended that the ordinance be approved.
Respectfully Submitted,
Ray Zurer
Parks Director
4 4 A. Loren
City Attorney
Approved
Mark A. Rohloff
City Manager
THE FOLLOWING INFORMATION IS
PROVIDED FOR INFORMATIONAL
PURPOSES ONLY. IT IS A DRAFT OF
THE APPLICATION FORM AND
INFORMATION THAT MAY BE
PROVIDED TO SPECIAL EVENT
APPLICANTS SHOULD THE COUNCIL
PASS THE PROPOSED SPECIAL
EVENTS, MARCHES AND PUBLIC
ASSEMBLIES ORDINANCE.
DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
SPECIAL EVENT ASSISTANCE
The City of Oshkosh recognizes that special events serve an important role in Oshkosh,
including building a sense of community, expressing the City's cultural and artistic diversity, as
well as entertaining and educating. Each year the City of Oshkosh commits significant available
resources through staff time, facilities, and equipment resources to provide support to these
events. As the number and size of these events grow, it is necessary to provide individuals and
event organizers with a consistent process to better coordinate efforts related to event
management and support. Each City department annually reviews its budget and may be forced
to change its level of support.
Because there are many different aspects of Special Events which; affect the
responsibilities of various City departments, and affect the public in many ways, several City
departments will need to review, and provide comments` and recommendations on the Special
Event application. The City intends to create, as much as possible, a one - stop -shop for Special
Events. As a result, the initial communication and all application materials are to be submitted to
the City Clerk, who will then forward copies of the application materials to those departments
who must review and comment on the application. Once the initial communications have been
exchanged, the applicant may need to communicate directly with various City departments, and
vice versa, should there by further questions or follow -up necessary. The Common Council has
the responsibility of making final decisions regarding' the permit applications.
Various City departments can assist you with the planning of your event based upon their
knowledge of applicable regulat�pns, and throughh this planning process the City can provide or
assist in obtaining information that:',, ias been designed to help event organizers prepare for the
event effectively. When you are reviewing the attached information, you are encouraged to
contact City staff to answer questiti s you may have. The application and other information
provided has been prepared to cover all eVents_hich may be held in the City. Therefore, while
some of the information requested may be required, other information may not directly apply to
your event. However, in most cases you will need to answer all of the questions to the best of
your ability so that those persons reviewing the application can make an informed determination
about the applicability of various rules to the planned event.
Some event activities will require permits in addition to the Special Event permit, along
with their associated fees. Other issues, including street closures and temporary liquor licenses,
may require approval by the Common Council.
THE CITY OF OSHKOSH STRONGLY ENCOURAGES PERSONS INTERESTED IN
HOLDING SPECIAL EVENTS TO CONTACT APPLICABLE CITY DEPARTMENTS
BEFORE PURCHASING SUPPLIES, MAKING LEGAL COMMITMENTS, OR
UNDERTAKING DETAILED PLANNING EFFORTS FOR THE EVENT. EARLY
CONSULTATIONS WITH CITY PERSONNEL MAY PREVENT THE PURCHASE OF
NONCOMPLIANT SUPPLIES, ENTERING INTO COMMITMENTS THAT CANNOT BE
KEPT, AND SPENDING VALUABLE TIME MAKING PLANS THAT MAY BE
CONTRARY TO RULES, REGULATIONS, AND /OR LAWS.
DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
DEPARTMENT CONTACTS
During the course of planning a Special Event, and after the Special Events application is
submitted to the City Clerk, communications between the applicant(s) and persons at various
City departments may be helpful or necessary. These communications may allow the
development of both an understanding of the rules that may be applicable to the event, as well as
a strategy to help the applicant meet applicable requirements of various laws and ordinances. A
solid understanding of the applicable laws and ordinances can minimize disruptions in the
application process or the actual event, and to ensure the health, safety, and welfare of all
citizens of Oshkosh and guests to our City. Therefore, the City encourages applicants to contact
the persons and /or departments identified below regarding your event, and to be aware that upon
submission of a Special Events application, they may contact you regarding your event.
Departments
Telephone
Address
City Clerk
236 -5011
215 Church Ave.
Issues: main contact for special use permits;
alcohol beverages
City Manager
236 - 5000
215 Church Ave.
Issues: recommendation to Council regarding
permit approval; general operation of City and
its Departments
Planning Services
236 -5055
215 Church Ave.
Issues: proper zoning for event site
Public Works
236-5065 `'
215 Church Ave.
Issues: public rights of way, barricades, etc.
Fire Department
236 -5240
101 Court Street
Issues: all aspects of fire prevention and safety
Health Services
236 -5030
215 Church Ave.
Issues: provision 6f food and /or beverages;
noise; sanitary;
Inspection Services
236 -5045
215 Church Ave.
Issues: temporary structures,; plumbing;
electrical
Parks Department(Director)
236 -5080
805 Witzel Avenue
Issue: managemeft of parks and public
property
Police Department (Special Operations Officer)
236 -5083
420 Jackson Street
Issues: street closure; safety & security; traffic;
parking
Transportation
232 -5342
926 Dempsey Trail
Issues: traffic; parking; public transit
DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK
GENERAL EVENT INFORMATION
Official Name of Event:
Start Date: End Date:
Briefly describe your event. Be sure to include the purpose of the event and planned activities.
EVENT SUN MON TUE WED THUR FRI SAT
DATE
SETUP TIME
START TIME
STOP TIME
TEAR DOWN
/ CLEAN UP
COMPLETED
Location of Event:
Estimated Attendance (daily & total): Number of Booths:
Primary Contact:
Fax: Email:
Daytime Telephone:
Cell Phone:
3
DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK
Address:
City:
Secondary Contact:
Fax:
Address:
City:
State:
Zip Code:
Daytime Telephone:
Cell Phone:
Email:
S
Zip Code:
Onsite Primary Contact:
Cell phone:
Fax:
Email:
Address:
City:
Stater Zip Code:
Onsite Secondary Contact:
Cell phone:
Fax:
Email:
Address:
City:
State: Zip Code:
NOTE Either the primary or secondary
onsite contact must be present onsite at all times during
the event.
Space Intentionally Left Blank
4
DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK
SPECIAL EVENT CHECKLIST
(please check all boxes that apply)
Is your event a:
Lc
W
n
El
(Additional permit required from Fire Dept.)
❑ Fireworks
(Additional permit required from Fire Dept.)
❑ Activities in a park outside of normal operating hours
(Waiver required from City Council)
❑ Barricades
(Approval from City Clerk's office if in right of way)
5
DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK
❑ Amplified Sound
❑ Animals included or allowed in event
(animals must be licensed and have proof of vaccination.)
❑ Cooking Equipment
(Fire Department approval required)
We have made arrangements for
❑ Restroom and hand washing facilities
❑ Solid waste and recycling services
F1
11
F1
11
F1
11
11
❑ V
E
F1
0
DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK
Special Event Public Safety and Security Plan
Name of Event:
Location of Event:
Date of Event:
Time the Event is to Open:
Sponsor of the Event:
Estimated Attendance (daily and total):
Emergency Contact Information:
Name:
Name:
Daytime Phone Numb
CPll Nurnher-
Daytime Phone Number:
Cell Number:
Name:
Daytime Phone Number:
Cell Number:
Primary Location of Event Staff at Event Site:
Emergency Notification of the Public
The public will be notified of safety and /or security issues in the following manner:
7
DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK
Emergency Medical Services
Name of Provider:
Contact Person / Telephone Number:
Location of Provider at Event Site:
Fire Protection
Name of Provider:
Contact Person / Telephone Number:
Location of Provider at Event Site:
Number of Fire Extinguishers:
Location of fire access i
Space Intentionally Left Blank
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DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK
Security
Name of Provider:
Contact Person / Telephone Number:
Location of Provider at Event Site:
Location of Missing Persons Station:
Event Parking Locations:
Severe Weather Contingency
Shelter Locations:
Have you confirmed that the locations
Who will determine if your event is
Public Safetv Site PI
Provide a schematic d.
to scale. The public &
they are required.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
of boot
of first
of info
es of tl
the event site location. The drawing must be legible and drawn
L , must include the following items if they will be provided, or if
stages, and event structures
stations
tion / ticket booths
Location of exits and gates (gates must be numbered)
Location of fire extinguishers
Location of severe weather shelters
Location of Fire / EMS access road
Location of security staff
Location of emergency contact event personnel
Location of assembly area and approximate occupant amounts
Location of event parking
Location of barricades
Location of generators
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DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
16. Location of temporary roadways
APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK
Other
Provide any other information that you feel should be considered
Yes
a
I have reviewed and have considered the Contingency Plan information
provided by the City of Oshkosh along with this ,application (pages 11, 12)
I have reviewed and understand the City's Insurance requirements
for Special Events as described in this document (pages 13, 14, and 15)
I am enclosing the event's Public Safety Site Plan (see page 9)
I am enclosing other information that I believe is necessary or helpful to
describe the planned event
gMNATTIRF
I am allowed to sign thi's application on behalf of the event sponsor. The information
contained in this aplication'for a Special Event permit is true, correct, and complete to the best
of my knowledge. If there are any changes to the Special Event, I agree that I will promptly
notify the City of Oshkosh of these changes.
(print name) (print title with organization)
Date
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DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT — FOR REVIEW ONLY
CONTINGENCY PLAN
Event sponsors should review and consider the following issues when they are planning
or preparing for an event. Many of these issues are required by one or more regulations, or are
components of larger regulations. Considering other issues which may not be required should
contribute to the planning and operation of the event. Developing responses to these questions
should result in more productive and fruitful discussions with the various departments with the
City during their review of the Special Event Application.
1. Weather related issues: rain, snow, severe storms, tornadoes, etc
a. If the weather forecast includes bad weather, will the event be cancelled? If so,
how will attendees be notified?
b. Develop a plan for the sudden onset of severe weather. Where will the people go
and who is designated to assist in their safe arrival at the safe refuge place?
c. Is there an area of safe refuge in case of a tornado?
2. Medical Issues
a. Where will ambulance access to the event be in case one is needed?
b. Who will conduct crowd control in the event of a medical emergency?
c. Will a first aid station, with trained first aid provider, be provided at the event?
Where?
d. If applicable, is there adequate shade to prevent heat stroke? Will water be
provided? Where?
3. Crowd Control
a. Who will monitor the barricades?
b. Who will work the entry gates? Maintain egress and access?
c. Who will patrol the area to prevent incidents from getting out of control?
,d. Develop a plan for those patrolling the crowd of what to do if they encounter
unruly behavior. Have communications equipment.
4. Security
a. Will there be Police Officers providing security? If so, contact the Police
Deparrt for applicable requirements or guidelines relating to the number
b. If volunteers or private agencies provide security, will they have appropriate
phone numbers for EMS, Fire, and Police?
c. If applicable, what will security officials do if non - paying attendees breach the
gate or perimeter?
d. If a complaint is received, for example, for loud music, how and who will handle
the complaint?
e. Provide communications equipment. Portable radios, cell phones, and access to
land lines.
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DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
f. If applicable, secure monies in an area not accessible to the attendees.
APPLICATION FOR SPECIAL EVENT PERMIT — FOR REVIEW ONLY
5. Event Logistics
a. Where will there be, or will there be, a staging area for support staff?
b. What time will the crowd be disbursed and by whom?
c. Who will conduct clean up?
d. Remember to maintain fire lanes and access roads,_'___
e. Appoint one person to oversee and take responsibility for the event. Who?
f. Will an adequate amount of restroom facilities be provided? Where?
g. Is there adequate safe parking provided? Where ?`
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12
DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT — FOR REVIEW ONLY
INSURANCE REQUIREMENTS
All sponsors, organizations, or any other person or group scheduling a special event shall
procure at their expense, a policy of insurance subject to the following minimum requirements.
Sponsors, organizations or other persons or groups scheduling private events may be exempted
from the requirement to procure a policy of insurance. The decision as to whether insurance
shall be required shall be made by the City Manager upon consultation with the Department
/division head and City Attorney and will be based upon the nature of the activity and the risk
involved.
The aforementioned insurance as required by thf
and any insurance or self insurance maintained by the ''C
members, agents, employees or authorized volunteers AN
shall be in full force prior to commencing the event and
event, including the clean up period after'the event.
GENERAL LIABILITY COVERAGE
City of Oshkosh is primary coverage
ty of Oshkosh, its officers, council
tribute to a loss'. All insurance
force throughout the entire
Commercial General Liability
$1,000,000 general aggregate
$1,000,000 products — completed operations aggregate
$1,000,000 personal injury and advertising injury
$1,000,000 each occurrence limit
Claims made form of coverage is not acceptable
Insurance must include the fallowing:
Participants in contents sponsored by the special events hosts cannot be eliminated or
excluded from this insurance requirement
Premises and operations liability
Blanket contractual liability
Personal injury
Products / completed operations
The general aggregate must apply separately to this event
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DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT— FOR REVIEW ONLY
BUSINESS AUTOMOBILE COVERAGE
$250,000 each person / $500,000 each accident for bodily injury and $100,000 for
property damage
OR
$500,000 combined single limit for bodily injury and property damage each accident
Must cover liability for "any au
liability
WORKERS COMPENSATION AND
Must carry coverage for statuto:
$100,000 each accident
$500,000 disease policy limit
$100,000 disease — each emp:
AIRCRAFT LIABILITY (including heli
If this exposure
for bodily injux
Any liability excl
ADDITI
ired automobile
s liability limit of:
or hired
tall exist, the limits must be at least=$ 5,000,000 combined single limit
injury passenger liability), and property damages
usions relatin2;to slune cargo must be deleted.
Additional insured
liability andaiquor liability:
employees, and authorized
Notice: The City of
or material change in thdan
i general liability coverage, business automobile coverage, aircraft
[e City of Oshkosh, and its officers, council members, agents,
unteers shall be additional insured.
sh requires 30 day written notice of cancellation, non - renewal
coverage.
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DRAFT — FOR REVIEW AND DISCUSSION ONLY
Draft Date: January 21, 2010
APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK
The insurance coverage required must be provided by an insurance carrier with the
"Best" rating of "A -VIP' or better. All carriers shall be admitted carriers in the state of
Wisconsin.
The certificate of insurance shall be satisfactory proof of insurance of said policies and
shall be filed at the office of the city clerk for the City of Oshkosh a minimum of five (5) days
prior to the scheduled event. A copy of the certificate of insurance may be accepted by facsimile
transmission or an email attachment with the original to be received no later than three (3) days
prior to the event. If these requirements are not met, the event cannot be held on city property.
End of Document
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