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HomeMy WebLinkAbout21. 19-87FEBRUARY 12, 2019 19-87 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENTS TO CHAPTER 5, ARTICLE III, SECTION 5-18 SPECIAL EVENTS, MARCHES & PUBLIC ASSEMBLIES INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 5 ARTICLE III SECTION 5-18 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO SPECIAL EVENTS, MARCHES & PUBLIC ASSEMBLIES The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Chapter 5 Article III Section 5-18 of the Oshkosh Municipal Code pertaining Special Events, Marches & Public Assemblies is hereby amended to read as shown on the attachment to this ordinance. 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 #19 -XXX AMEND AMUSEMENTS ORDINANCE (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 5 ARTICLE III SECTION 5-18 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO SPECIAL EVENT, MARCHES & PUBLIC ASSEMBLIES) on February 26, 2019. The ordinance eliminates provisions pertaining to the waiver of fees; adds a definition for block parties; adds language related to the Special Events Coordinator position; and clarifies some provisions and corrects minor typographical issues in the existing ordinance. 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. City of Oshkosh ARTICLE I. PUBLIC DANCES 5-1 RESERVED 5-2 RESERVED 5-3 RESERVED 5-4 RESERVED 5-5 RESERVED 5-6 RESERVED 5-7 RESERVED 5-8 RESERVED 5-9 RESERVED 5-10 RESERVED 5-11 RESERVED 5-12 RESERVED 5-13 RESERVED CHAPTER 5 AMUSEMENTS (Formerly Definitions - Repealed 05/07/12) (Formerly License Required - Repealed 05/07/12) (Formerly Application and Fee - Repealed 05/07/12) (Formerly Investigation of Premises - Repealed 05/07/12) (Formerly Issuance of License - Repealed 05/07/12) (Formerly Revocation - Repealed 05/07/12) (Formerly Police Supervision - Repealed 05/07/12) (Formerly Sanitation and Lighting - Repealed 05/07/12) (Formerly Authority to Stop Dance - Repealed 05/07/12) (Formerly Laws to be Obeyed - Repealed 05/07/12) (Formerly Duties of Floor Manager - Repealed 05/07/12) (Formerly Advertisements of Dances - Repealed 05/07/12) (Formerly Closing Hours - Repealed 05/07/12) ARTICLE II. BILLIARDS, POOL AND BOWLING ALLEYS 5-14 LICENSE REQUIRED 5-15 ISSUANCE OF LICENSE 5-16 LICENSE FEES; TERM 5-17 GAMBLING PROHIBITED ARTICLE III. AMUSEMENTS 5-18 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES 5-19 RESERVED 5-20 RESERVED 5-21 RESERVED 5-22 RESERVED 5-23 RESERVED 5-24 RESERVED 5-25 RESERVED 5-26 RESERVED ARTICLE IV. RESERVED 5-27 RESERVED 5-28 RESERVED 5-29 RESERVED 5-30 RESERVED 5-31 RESERVED 5-32 RESERVED ARTICLE V. MINIATURE GOLF COURSES 5-33 LICENSE REQUIRED 5-34 APPLICATION; FEE; TERM Municipal Codes Revised 02/06/2019 City of Oshkosh Chapter 5 — Page 1 Municipal Codes TO: Honorable Mayor and Members of the Common Council FROM: Kathryn Snell, Special Events Coordinator DATE: February 6, 2019 RE: Approve Amendments to Chapter 5, Article III, Section 5-18 Special Events, Marches, and Public Assemblies of the Municipal Code BACKGROUND At the 2019-2020 Common Council and Department Head strategic planning session for the City of Oshkosh, it was discussed that a review of the Special Events, Marches and Public Assemblies section of the Municipal Code should be completed. The ordinance does not set the annual event fee schedule as this is done by resolution annually. The 2019 Charges for Extraordinary Services for Special Events was approved on November 27, 2018. ANALYSIS While reviewing the Special Events, Marches, and Public Assemblies section, staff decided to propose removal of all sections referencing the ability for the Common Council to waive fees for Special Event applications and extraordinary services fees. This proposal is based on past practice of the Common Council consistently voting against a waiver of fees even when criteria has been arguably met. The elimination of these sections would no longer give event organizers the option to request waivers of application and extraordinary services fees for Special Events. Other changes include a definition of Block Parties and additional minor edits (see attached red -lined version). City� Oshkosh FISCAL IMPACT No fiscal impact associated with this approval. RECOMMENDATION Staff recommends approval of the amendments to Chapter 5, Article III, Section 5-18 Special Events, Marches, and Public Assemblies. Respectfully Submitted, 'rl Kathryn S. Snell City Special Events Coordinator Approved: Mark A. Rohloff City Manager City of Oshkosh 5-35 CLOSING HOURS ARTICLE VI. MECHANICAL ENTERTAINMENT DEVICES 5-36 LICENSE REQUIRED 5-37 ISSUANCE OF LICENSE 5-38 HOURS RESTRICTED ARTICLE VII. PENALTIES 5-39 PENALTIES Municipal Codes Revised 02/06/2019 City of Oshkosh Chapter 5 — Page 2 Municipal Codes City of Oshkosh ARTICLE I. PUBLIC DANCES Municipal Codes Revised 02/06/2019 SECTION 5-1 Reserved. (Formerly DEFINITIONS - Repealed 05/07/12) SECTION 5-2 Reserved. (Formerly LICENSE REQUIRED - Repealed 05/07/12) SECTION 5-3 Reserved. (Formerly APPLICATION AND FEE - Repealed 05/07/12) SECTION 5-4 Reserved. (Formerly INVESTIGATION OF PREMISES - Repealed 05/07/12) SECTION 5-5 Reserved. (Formerly ISSUANCE OF LICENSE - Repealed 05/07/12) SECTION 5-6 Reserved. (Formerly REVOCATION - Repealed 05/07/12) SECTION 5-7 Reserved. (Formerly POLICE SUPERVISION - Repealed 05/07/12) SECTION 5-8 Reserved. (Formerly SANITATION AND LIGHTING - Repealed 05/07/12) SECTION 5-9 Reserved. (Formerly AUTHORITY TO STOP DANCE - Repealed 05/07/12) SECTION 5-10 Reserved. (Formerly LAWS TO BE OBEYED - Repealed 05/07/12) SECTION 5-11 Reserved. (Formerly DUTIES OF THE FLOOR MANAGER - Repealed 05/07/12) SECTION 5-12 Reserved. (Formerly ADVERTISEMENTS OF DANCES - Repealed 05/07/12) SECTION 5-13 Reserved. (Formerly CLOSING HOURS - Repealed 05/07/12) ARTICLE II. BILLIARDS, POOL, AND BOWLING ALLEYS SECTION 5-14 LICENSE REQUIRED No person, firm or corporation shall erect, maintain or permit to be erected or maintained upon his premises, for gain, any billiard or pool tables or bowling alley without first having obtained a license therefor as herein provided. SECTION 5-15 ISSUANCE OF LICENSE Each license granted shall be issued by the City Clerk upon payment of the prescribed fee, and signed by the City Manager and City Clerk and shall be sealed with the corporate seal of the City. No license issued pursuant hereto shall be assignable. SECTION 5-16 LICENSE FEES; TERM The annual license fee shall be $10.00 for each individual bowling alley, or nine or ten pin alley in any bowling establishment, and $5.00 for each billiard table and pool table. Every license shall expire on the 1st day of June next succeeding the granting thereof. No license issued pursuant hereto shall be assignable. City of Oshkosh Chapter 5 — Page 3 Municipal Codes City of Oshkosh SECTION 5-17 GAMBLING PROHIBITED Municipal Codes Revised 02/06/2019 No person licensed to keep a billiard table, pool table or bowling alley shall allow or permit any kind of rioting, reveling, drunkenness, lewd or disorderly conduct on the licensed premises, or shall use or permit the use of such billiard table, pool table or bowling alley so kept by him for the purpose of gambling. ARTICLE III. AMUSEMENTS 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. The City will also consider the potential diversion of public safety, emergency, and other 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; City of Oshkosh Chapter 5 — Page 4 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 2. Will involve the closing of a public street, alley, or public right of way; including block parties. 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 included 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 to include events such as a family gathering; nonprofit organization, business, or company picnic; or other similar events unless other criteria listed above apply. 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 measurable 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 services, 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 departments 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. "Block Party" means a temporary gathering of residents from one neighborhood, usually under 100 persons, which requires a street closure of three blocks or less, minimally impacting normal traffic patterns. E. "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 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. City of Oshkosh Chapter 5 — Page 5 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 F. "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. G. "Organizer" means any person, persons, or entity that arranges, plans, coordinates or takes other substantive actions to gather persons for a Special Event, March or Public Assembly. The determination of whether someone is an Organizer shall be based upon common understanding and definitions of the words "organize", "organizer", "arrange", "plan" and "coordinate" with the ultimate determination based upon the totality of the circumstances after considering all relevant factors, including but not limited to, the following: 1. Whether the person, persons or entity establishes or takes substantive actions to establish the date for such Special Event, March or Public Assembly. 2. Whether the person, persons or entity arranges, plans or coordinates or takes substantive actions to arrange, plan or coordinate the activities associated with the Special Event, March or Public Assembly. 3. Whether the person, persons or entity arranges, plans or coordinates or takes substantive actions to arrange, plan or coordinate the activities of persons to assist with the operation of the Special Event, March or Public Assembly. 4. Whether the person, persons or entity erects or arranges, plans or coordinates or takes substantive actions to arrange, plan or coordinate the erection of temporary structures, placement of barricades or cones, signs, or other structures or objects to facilitate the Special Event, March or Public Assembly. 5. Whether the person, persons or entity advertises and promotes the Special Event, March or Public Assembly by means of traditional advertisements, banners, flyers, web -based promotion, social media or other means. 6. Whether the person, persons or entity creates or causes another to create original content related to the advertisement or promotion of the Special Event, March or Public Assembly. 7. Whether the person, persons or entity pays any costs or expenses for the purpose of the Special Event, March or Public Assembly. 8. Whether the person, persons or entity receives revenue from the Special Event, March or Public Assembly, directly or indirectly, by admissions, concessions, and sales of other products or services. Organizer does not include persons or entities which solely advertise or promote a Special Event, March, or Public Assembly as part of a contract or agreement for advertising services, such as a newspaper who accepts advertisement for an event, a convention and visitors bureau, tourism bureau or persons who merely pass along information pertaining to a Special Event, March, or Public Assembly through word of mouth, social media or otherwise. Organizer does not include persons or entities that provide sponsorship through the provision of money, goods or services, whether in exchange for advertising or not, for a Special Event, March or Public Assembly with a separately identified Organizer. The City Manager, or their designee, shall have the exclusive authority to determine whether or not a person, persons or entity meets the definition of an "Organizer" under this ordinance. III. PERMIT REQUIRED: City of Oshkosh Chapter 5 — Page 6 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 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 that do not require extraordinary services. 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 Special Events Coordinator. Applications shall be on the form approved by the City and signed by the person or authorized representative(s) of the entity organizing the City of Oshkosh Chapter 5 — Page 7 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 Special Event. The application and application fee 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 60 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 Special Events Coordinator, Police, Fire, 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 or others. 4. The following City departments will be provided with copies of the Special Event permit application for their review and comment: City Manager, Special Events Coordinator, Police, Fire, 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. In addition, a copy of the Special Event permit application will be provided to the Winnebago County Health Department for their review. The Special Events Coordinator and 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 Assemblv 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. City of Oshkosh Chapter 5 — Page 8 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 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 by the organizer(s) 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 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. 8. 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 City of Oshkosh Chapter 5 — Page 9 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 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 to the public 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 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 the 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. City of Oshkosh Chapter 5 —Page 10 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 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. 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. 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 shall be required for street closures or pursuant to a security plan. Barricades may be available for rent from the City or from private companies with the costs of any Extraordinary Services to be borne by the Special Event applicant. 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 Special Events Coordinator notification of their intent to hold the event, the date(s) on which the event is expected to be held within sixty (60) days after the end of the Special Event. This notice 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. 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 Common Council shall approve or deny Special Event permit applications, place conditions upon any permit and require that all of the costs incurred by the City for providing Extraordinary Services be reimbursed. City of Oshkosh Chapter 5 — Page 11 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 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 has not paid the application fee. 3. The applicant asserts that they cannot or will not pay the cost for Extraordinary Services. 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; 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. 12. The City's anticipated costs associated with the event including, but not limited to, extraordinary expenses, exceed the anticipated benefit of the event to the community. Council may consider all relevant information in making this determination including, but not limited to, those criteria identified in Sub -section VI. D. of this Section. City of Oshkosh Chapter 5 — Page 12 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 13. It is reasonably anticipated that the Special Event use or activities intended by the applicant will materially interfere with individuals or the general community's use of public property or public rights-of-way in such a manner or for a length of time to exceed the anticipated benefit of the event to the community. Council may consider all relevant information in making this determination including, but not limited to, those criteria identified in Sub -section VI. D. of this Section. 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 Routes. 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 application fee is required for all Special Event, March, and Public Assembly permit applications. 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. Single day event $25.00 b. Multiple day event (consecutive or recurring) $35.00 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. Application fees shall be effective for Special Events, Marches and Public Assemblies occurring on and after January 1, 2017. 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: City of Oshkosh Chapter 5 — Page 13 Municipal Codes City of Oshkosh 1. Special Events Municipal Codes Revised 02/06/2019 a. Event organizers shall be liable for and shall pay to the City 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 Special Events Coordinator, 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 reasonably understand the Extraordinary Services that are expected to be necessary. c. 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. 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: 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. 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. 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. 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. City of Oshkosh Chapter 5 — Page 14 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 iv. 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. v. If the actual costs for Extraordinary Services exceeds the security provided, 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 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. 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 require that some or all of the costs for Extraordinary Services 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. d. 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. e. If the actual costs for Extraordinary Services provided exceed the security 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 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. 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 City of Oshkosh Chapter 5 — Page 15 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 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. 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 Special Events Coordinator for the City of Oshkosh a minimum of thirty (30) 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 ten (10) 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. 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. City of Oshkosh Chapter 5 — Page 16 Municipal Codes City of Oshkosh XII. SEVERABILITY Municipal Codes Revised 02/06/2019 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. SECTIONS 5-19 TO 5-26 RESERVED ARTICLE IV. RESERVED SECTION 5-27 RESERVED SECTION 5-28 RESERVED SECTION 5-29 RESERVED SECTION 5-30 RESERVED SECTION 5-31 RESERVED SECTION 5-32 RESERVED ARTICLE V. MINIATURE GOLF COURSES SECTION 5-33 LICENSE REQUIRED No person, firm or corporation shall operate any miniature golf grounds or any other similar place of amusement within the City without first having obtained a license as hereinafter provided. SECTION 5-34 APPLICATION; FEE; TERM Application for such license shall be made to the City Clerk and shall be accompanied by a license fee of Five Dollars ($5.00). The application shall be thereafter acted upon by the Council who may grant or refuse such license in their discretion. The term of this license shall be for one (1) year, expiring on December 31. SECTION 5-35 CLOSING HOURS No license shall keep open his place of business between the hours of eleven thirty (11:30) o'clock p.m. and eight (8:00) o'clock a.m. All licensees shall conduct their places of business in an orderly and quiet manner. No licensee shall permit his place of business to be illuminated more than thirty (30) minutes after the closing time herein provided. ARTICLE VI. MECHANICAL ENTERTAINMENT DEVICES SECTION 5-36 LICENSE REQUIRED No person, firm or corporation shall operate any device, machine or contrivance for entertainment which is operated by the placing of a coin in said instrument or in any mechanism connected thereto, or by in City of Oshkosh Chapter 5 — Page 17 Municipal Codes City of Oshkosh Municipal Codes Revised 02/06/2019 any manner paying the owner or operator thereof a fee or charge of any kind, without first obtaining a license as herein provided. SECTION 5-37 ISSUANCE OF LICENSE; FEE The City Clerk shall issue licenses to persons applying therefor for the operation of a mechanical or electrical entertainment device, or any device or machine mentioned in Section 5-36 above, upon payment of an annual license fee of Twenty Dollars ($20.00). Said licenses shall be valid for a period of one (1) year from the 1 st day of July, unless sooner revoked as herein provided. Radio and television sets placed in hospitals or other charitable institutions are exempt from the license fee provided herein. SECTION 5-38 HOURS RESTRICTED No person, firm or corporation shall operate or permit to be operated at any restaurant, soft drink parlor, ice cream parlor, or other place where merchandise of any kind including liquor or fermented malt beverage is sold, any electrical, or mechanical contrivance or device capable of emitting sound for entertainment purposes, except during such hours as said establishment is legally open for business, providing, however, that any such licensee may lose the privilege of operating between the hours of one (1:00) o'clock a.m. and eight (8:00) o'clock a.m. or such license, upon the filing of a written complaint with the City Clerk and after a public hearing thereof before the Common Council and notice of such public hearing given to the licensee. ARTICLE VII. PENALTIES SECTION 5-39 PENALTIES. Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall upon conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense. City of Oshkosh Chapter 5 — Page 18 Municipal Codes