HomeMy WebLinkAbout27124 / 74-04, x�� :2EADING €7 ORDINANCE
` JUL 7 1974
A GENERAL ORDINAtlCE OF THE CITY OF OSHKOSH CREATING SECTION 18-52.1
OF THG OSHKOSH t4UVICIPAL COD�' PROVIDING FOR THE REGULATION AND
LZCENSING OF LARGE ASSEMBLIES 0° PERSONS IN THE CITY OF OSHKOSH.
Thz Common Council of �he City of Oshkosh do ordain as
follows:
SECTION 1. That Section 18-52.1 of the Oshkosh Municipal Code
providing for the regulation and licensing of large assemblies of
persons in the City of Oshkosh is hereby created to read as follows:
(a) INTRODUCTION.
(1) Authority. This ordinanc� is adopted under the authority
granted by Sections 59.02, 59.07 (18) (b) and 175.20 of
the Wisconsin Statutes.
(2) Purpose. It is the purpose o£ this ordinance to regulate
the assemblage of large numbers of people, in excess of
those normally needing the health, sanitary, fire, police,
transportation and utility services mgularly provided in
the City of Oshkosh, in order that the health, safety and
welfare of all persons-in the City of Oshkosh, residents
and visitors alike, may be protected.
(3) Severability. It is the intent that all sections and
provisions of this orninance have an independent. exisY.ence,
and, should any section �- oro��iei.oa be declarefi ir.valid
or unconstitutional by a court of competent jurisdiction,
then, in that event, any section or provision so declared
shall be severable from�and shall not affect the validity
of th�� remainder of the ordinance. -
(4) Ef£ective Date. This ordinance shall be effective upon
its aduption by the Cor.vnon Council of the City o£ Osh,l-osh.
�b) GENERAL PR04ISIOIdS.
(1) Jurisdiction. Thc jur�.sdiction of tnis ordinance shall
app=ly lo all a.reas in the Citp of Oshkosn.
(2) Co �mcliance. C;o person shall percnit, maintain, promote,
condu.ct, adv?rtise, act �s entreprenaur, undertake,
organize, nanage, or sell or give tickets to an actual
or reasonably anticipated asse:nhl.y of 5,D00 or more people,
whethe: on publ.c or private property, unless a li.cense to
hol<7 the asse�bly has �irst been '_ssued by the City of
oshko��%i, a.ppli.�ation ;or which must be made at least six
((i) weeks in advaace� oi the assembly. A licer.se to liold an
assembly issu�d to one person shall pcsnit any person to
cr.qu�;•° ir: r�g �awtuly activity in cocnection with the
hold��g �f r.iie l.i:�nsr.�3 ���emhly.
(3) Definitions.
(a) Persor, ir,eans a m individual natural hwnan being,
par_tnership, corF:oration, fi.-M, company, association,
SOGI.CFV GL �2011J..
(b) F.ssem�lY i�ear.s a company o£ persons aathered together
a-` any lo:;ati_Ca at any single tim^ for anp puroose.
(4)� License.
(a) A separate license shall be required.for each day
and each loca�ion in which 5,000 or more people
assemble or can reasonably be anticipated to assemble;
the fee for each license shall be $100.00.
(b) A�license shall permit the assembly of only the
maximum number of people stated in the license.
The licensee shall not sell more tickets to or
permit more persons to assemble at the licensed
location than the maximum permissible nvmber of
people.
(c) The license shall not permit the sound of the�
assembly to carry unreasonably beyond the enclosed
boundaries of the location of the assembly.
(5) Exceptions.
(a) This ordinance shall not apply�to any regularly
established or permanent place o£ worship, any
stadium, athletic field, arena, auditoriiun. coliseum,
or other similar permanently established place of
assembly or assemblies which do not exceed by more
than 250 people the maximum seating capacity of the
structure where the assembly is held.
(6) Conditions for Issuing License.
No license hereunder shall be issued unless and until the
__ _ applicant shall comply with the following conditions:
(a) Indicate the maximum number of people which will be
assembled or admitted to the location of the assembly,
which number shall not exceed the maximum number which
can reasonably assemble at the proposed location of
the assembly takin9 into consideration the nature of
the assembly. Furthermore, where the assembly is to
continue overnight, the maxinum number at the proposed
assembly shall not be more than is allowed to sleep
within the boundaries of the location o£ the assembly
� by the zoning or other ordinances of Winnebago County.
(b) Provide proof that he will £urnish the following at
his own expense prior to the commencement of. the
proposed assembly:
(aa) A fence completely enclosing the proposed 7.oca-
tion of su£ficient height and strength to prevent
people in excess of the maximum permissible number from
gaining access to the assembly grounds and which shall
have at least four gates, one of which will be located
at or near the four opposite points of the compass.
(bb) Potable water which shall meet all federal and
state requirements for purity an1 which shall be oi
sufficient quantity to provide drinking water for the
mzxia,i:a nu:�,.'�zr �f p��ple `_o bc asse�lel, bt.t no*_ less
than at the rate of one gallon per person per day, and
in addition, a su=ficicnt quantity of water for bathing
but not less than the rate o'_ 10 gallons per person per
day.
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(cc) Separate enclosed toilets for males and females
which shall meet all state and local specifications
and be located conveniently throughout the grounds and
which shall be sufficient to provide facilities for the
maximum number of people to be assembled but not less
than the rate;�of one toilet for every 200 females and
one toilet for every 300 males and which shall include
an e£ficient and sanitary means of disposing of such
waste matter in compliance with all state and local
laws and regulations. Each of the aforementioned
toilets sha11 have a lavatory with running water under
pressure and a continuous sUpply o£ soap and towels.
(dd) A sanitazy method of disposing solid waste in
compliance with state and local laws and reaulations
suf£icient to dispose o£ the solid waste production of
the maximum number o£ people to be assemblea but not
less than the rate o£ disposed at 2.5 lbs of solid
waste per person per day. In addition, there shall be
included a plan for collecting all such waste at least
one time each day of the assembly and holding such
waste in cans with tight fitting lids by a sufficient
number o£ persons to perform the collection task herein-
be£ore required.
(ee) A sufficient number of physicians and nurses
licensed to practice their medical and nursing pro-
Eessions, respectively, in Wisconsin shall be present .
so as to provide the average sedical care enjoyed by
residents of Wisconsir. £or the maximum number of people
to be assembled at the rate of at least one physician
£or every 1,000 people and at least one nurse for every
1,500 people and an enclosed, covered structure where
such medical treatment may be rendered and which contains
separately enclosed treatment rooms ior each physician.
There shail be at least one emergency ambulance operable
and available £or use at all times.
(ff) If the asserbly is to con`inue during hours of
darkness then there shall be orovided sufficient illum-
ination to light the entire area of the assembly at the
rate o£ at least five foct candles, but not to shine
unreasonably beyond the boundaries o£ the enclosed
location o£ the assembly.
(gg) There shall also be provided a free parlcing area
inside of the asser,ibly grounds sufficient to provide
parking space for the maximum nun�er o£ people to be
assembled at the rate of at least one parking space
£or every four persons.
(hh) There shall be telephones connected t:o outside
lines sufficient to provide service for the maximum
numSer of people to bc assembled a� the rate of at
least one separate line and receiver Eor each 1,000
persons.
(iiJ If thc- assem�ly is to continuc overnight, then,
camping £acilities shall be provided which sha11 comply
with all state and iocal reguironents as set forth in
the Wisconsin �<lmin-strative Ccde an� ordinances of the
Cicy oL GsY:kos.�� and be of. sui=icient uuanticy to provide
camning acco.:modations for the maximum number of people
to be a, �e;nnle.'..
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(jj) Security guards shall be provided and shall be
either regularly.employed and duly sworn off-duty
Wisconsin peace officers, or private guards, licensed
in Wisconsin and in sufficient quantity to provide
adequate�security for the maximum number of people to
be assembled but not less than one security guard for
every 750 people.
(kk) Fire protection, including alarms, extinguishing
devi�ces and fire lanes and escapes shall be provided
and be sufficient to meet all state and local standards
for the location of the assembly as set forth in the
Wisconsin Administrative Code and ordinances of the
City of Oshkosh and such equipment shall be staffed by
a sufficient number of emergency personnel to efficiently
operate the requirel equi.pmeat.
(11) All necessary precautions shall be provided to
insure that the sound oi the assembly will not carry
unreasonably beyond the enclosed boundaries of the
location o£ the assembly.
(mm) A bond shall be provided by the applicant and
be filed with the City Clerk o£ the City of Oshkosh,
either in cash or underwritten by a surety company
licensed to do business in Wisconsin, at the rate of
$1.00 per person for the maximum number of people
permitted to assemble and which shall indemnify and
hold harmless the City of Oshkosh or any o£ its agents,
officers, servants and employees from any liability or
causes of action which might arise by reason of granting
this license, and from any cost incurred in cleaning up
any waste material produced or left by the assembly.
(C) APPLICATION.
(1) To L4hom Made. Application for a license to hold an actual
or znticipated assembly of 5,000 or r�ore persons shall be
made in writing to the Common L'ouncil of the City of Oshkosh,
which Council shall have the responsibility for the approval
of any application hereunder. Such znplication must be
presented to the City Clerk at least eix (6) �reeks prior to
the first day of the event.
(2) Contents.(r�)The applicant shall contain a statement made upon
oath or affirmation that the statements contained therein are
true and correct to the best knowledge o£ the applicant and
shall be signed and sworn to or affirmed by the individual
making applicatior. in the case o£ an individual, natural,
human being or by all officers in the case of a corporation or
by all partr.ers in the case of a partne=ship or by all
�� officers of an unincorporated -association, society or group
in case of such an organ±zation or if there be no officers,
by all members of such association, society or yroup.
(b)The application shall contain and disclose:
(aa) The name, age, residence and mailing address oi all
persons required to sic,n the applicatiori as required in
Section (c) (2) (a) of this ardinance, and in the case of
a ccrporation, e. cer�ifiad copy ci the articles of incor-
portation toget_her r:ith tn^_ nane, aqe, residence and mailing
address of each persu�. holdinq 10�; or more o£ the stock of
said corporation.
(c) Froof of ownership of all property upon which the
assembly is to be held or a statement made under oath or
affirmation by the record owner(s) of all such property
that. the appl�_cant_ ?aa� pc_mission io usc such property for
an assemhly of 5,000 or nore per.sons.
_ 1i _.
(d) The nature or purpose of the assembly.
(e) The total number of days or hours during which the
�� assembly is to last.
(f) The maximum number of persons which the applicant
shall permit to assemble at any time, not to exceed
the maximum number which can reasonably assemble at
the location of the assembly, in consideration o£ the
� nature o£ the assembly, or the maximum number o£ persons
allowed to sleep within the boundaries of the location
of the assembly by the ordinances of the City of Oshkosh
if the assem5ly is to continue overnight. .
(g) The maximum number o£ tickets, if any, to be sold.
(h) The plans of the applicant to 1.imit the maximum
number of people permitted to asser.ible.
(i) The plans for fencing the location o£ the assembly
and the gates contained in such fence.
(j) The plans for supplying potable water including the
source, amount available, and location of outlets.
(k) The plans for providing toilet and lavatory facilities
including the source, number, location, type and the
means of disposing of waste deposited.
(1) The plans £or holding, collection, and disposing o£
solid waste material.
(m) The plans to provide for medical facilities including
the location and construction of a medical structure,
the names and addresses and hours of availability of
physicians and nurses, and provisions for emergency
ambulance service.
(n) The p1ans, if any, to illurinzte the location of the
assembly including the source and amount of power
and th2 location of lamps. ��
(o) The plans £or parking vehicles, including size and
locations of lots, points of highway access, and
interior roads, including routes between highway access
and parking lots.
(p) The plans for telephone service including the source,
nuaiber and location of telephones.
(q) The plans £or camping facilities, if any, including
facilities available and their location.
(r) The plans £or security, including the number of
guards, th�ir deployment, and their names, addresses,
credentials, and hours of availability.
(s) The plans Eor fire protection including the number,
type, and location of all protective devices, including
alarms and extinguishers, and the number o£ emergency
fire oersonnel available to operate the equipment.
(t) The plans For sound control and sound amplication, if
any, includirg number, location and pcwer of amplifiers
and speaY.ers.
(u) The plans for fuod concessions and concessioners who
will be allowed to operate on the grounds, including
the names and addresses of all concessioners and their
license o< per;ait nur,��:ers.
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;-�u
(d)
(3)` Bond. The application shall include the bond reguired
in Section 6 (b) (mm)
(4) Issuance. The application for a license shall be processed.
within twenty (20) days o£ receipt and shall be issued by
the City Clerk upon the aoproval and authority of the City
Manager and the Common Council.
(5) Revocation. The license may be "revoked by the City Manager
or Common Council at any tine if any of the conditions
necessary for the issuance of the license or contained in
the license are r.ot cemplied with or i£ any condition pre-
viously met ceasers to be in complian;:e with the requirenents
of this ordinance.
(1) Injunction. The provisions of this ordinance may be
enforced by injunction in any court of competent jurisdiction.
(2) Public Nuis�_ce. The holding of an assembly in violation o£
any provision or condition contained in this legislation -
shall be deemed a public nuisance and may be abated as such.
(3) PenaltV- Any person who violates this ordinance, including
any condition upon which a license is granted, may be fined
not less than $1,000.00 or more than $10,000.00. Each day
of violation shall be considered a separate o£fense.
SECTION 2. This ordinance shall be in £ull £orce and effect
from and after its passage and date o£ publication.
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