8.01 Activity control.
(1) Intent. It is the purpose of the county board of supervisors to regulate the assemblage of large numbers of people, in excess of those normally needing the health, sanitary, fire, police, transportation and utility services regularly provided in the county, in order that the health, safety and welfare of all persons in the county, resident and visitors alike, may be protected.
(2) Applicability. The licensing requirement of this ordinance shall apply to all assemblies held in Kenosha County except at those assemblies held at or on regularly established places of worship, entertainment, debate or at stadiums, athletic fields, arenas, coliseums, fairgrounds or other similarly established places of assembly or their surrounding grounds which are governed by existing codes, ordinances, statutes or rules reasonably designed to protect the health, safety and welfare of those in attendance at said assembly, and which regularly established places of assembly have adequate access to emergency medical assistance and do not permit access to the assembly of more persons than can reasonably assemble at the location in consideration of the nature of the assembly, the size of the location of the assembly and the safety of those in attendance at the assembly. For purposes of this section, existing codes, ordinances, statutes or rules shall be deemed to be “reasonably designed to protect the health, safety and welfare of those in attendance” if those existing codes, ordinances, statutes or rules establish standards and guidelines for the health, safety and welfare of those in attendance at the assembly similar in nature to those established in section (4)(c) of this ordinance.
(3) License Required.
(a)
1. Except as provided in subsection (2), no person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets or allow attendance to an actual or reasonably anticipated assembly of 5,000 or more people. Nor shall any person permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets or allow attendance to an actual or reasonably anticipated assembly of 100 or more persons which will continue or can reasonably be expected to continue between the hours of midnight and 8:00 a.m.
2. Any person or organization intending to undertake any of the activity described in subsection 1, whether on public or private property, and regardless of whether such assembly is operated for profit, shall first obtain an Activity Control License from the Kenosha County Board of Supervisors, application for which must be made at least 30 days in advance of the assembly.
(b) As used in this section:
1. A person means an individual, partnership, corporation, firm, company, association, society, or group.
2. Assembly means a company of persons gathered together at any location at any single time for any purpose.
3. Anticipated assembly of more than 5,000 persons means any assembly wherein 5,000 or more admission tickets have been either distributed or sold or where the assembly has been advertised in media having a combined circulation or viewing or listening audience of more than 200,000 individuals. For purposes of this section, each insertion of an advertisement in a publication and each radio and television commercial shall be used in determining whether the combined circulation or viewing or listening audience is more than 200,000 individuals.
4. Anticipated assembly of more than one hundred persons for purposes of continuing or being reasonably expected to continue between the hours of midnight and eight a.m. means any assembly wherein one hundred or more admission tickets have been either distributed or sold, or where the assembly has been advertised in media having a combined circulation or viewing or listening audience of more than four thousand individuals, where said advertisements or tickets, etc. specify that the assembly will continue past midnight. For purposes of this section, each insertion of an advertisement in a publication and each radio and television commercial shall be used in determining whether the combined circulation or viewing or listening audience is more than four thousand individuals.
(c) A single license shall be sufficient for each day and each location in which 5,000 or more people assemble or can reasonably be anticipated to assemble; the fee for each license shall be $100 for the first day and $25 for each additional consecutive day thereafter with the exception, however, that a license for a period of seven consecutive or nonconsecutive days may be issued for a fee of $200 and a license for periods up to 30 consecutive or nonconsecutive days may be issued for the sum of $300 and calendar year licenses to be issued for a fee of $500.
(d) A license shall permit the assembly of only the maximum number of people stated in the license. The licensee shall not sell tickets to, nor permit to assemble at the licensed location, more than the maximum number of people.
(e) The licensee shall not permit the sound of the assembly to carry unreasonably beyond the enclosed boundaries of the location of the assembly.
(4) Conditions For Issuing License. Before a license may be issued, the applicant shall:
(a) Determine the maximum number of people who will be assembled or admitted to the location of the assembly, provided that the maximum number shall not exceed the maximum number which can reasonably assemble at the location of the assembly in consideration of the nature of the assembly, the size of the location of the assembly and the safety of those in attendance at the assembly and provided that, where the assembly is to continue overnight, the maximum number shall not be more than is allowed to sleep within the boundaries of the location of the assembly by the zoning or health ordinances of the county or any other ordinance enforceable at the location of the assembly.
(b) Submit a written application to the Kenosha County Sheriff, which application shall contain a statement made under oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and which statement shall be signed and sworn to or affirmed by the individual making the application in the case of an individual, by all officers in the case of a corporation, by all partners in the case of a partnership, or by all officers of an unincorporated association, society or group or, if there be no officers, by all members of such association, society or group. Said application shall contain and disclose:
1. The name, age, residence and mailing address of all persons required to sign the application by subsection (4)(b) and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence and mailing address of each person holding 10 percent or more of the stock of such corporation.
2. The address and legal description of the property upon which the assembly is to be held together with the name, residence and mailing address of the record owner(s) of all of such property.
3. A statement made under oath or affirmation by the record owner(s) of all of such property where the assembly is to be held that the applicant has permission to use such property for an assembly of the estimated number of persons anticipated to attend said assembly and for the purpose of the assembly; in lieu thereof, proof of ownership by the applicant of all property upon which the assembly is to be held.
4. A statement from the Kenosha County Zoning Office indicating that the assembly is to be held upon property zoned for a recreational use or upon property otherwise properly zoned for such an assembly or in the alternative upon property upon which a conditional use has been granted for such assembly.
5. The nature or purpose of the assembly.
6. The total number of days and the hours during which the assembly is to last and the dates of the assembly.
7. The number of persons which the applicant shall permit to assemble at any time and the number of persons permitted to remain between the hours of midnight and 8:00 a.m. as determined according to section (4)(a).
8. The maximum number of tickets to be sold or distributed, if any, and the total circulation, viewing or listening audience of each advertisement or circular issued giving notice of the assembly.
9. The plans of the applicant to limit the maximum number of people permitted to assemble.
(c) Submit, in conjunction with the application required by subsection (b), an affidavit indicating that the location where the assembly is to be held is presently furnished with or in the alternative, that the applicant will furnish, at his own expense, before the assembly commences:
1. A fence or other barrier, either natural or assembled, completely enclosing the proposed location of sufficient height and strength or in the alternative, any such other reasonable plan to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds, which shall have a controlled point of entry and at least four points of exits, one at or near four opposite points of the compass, with said affidavit indicating the type and dimensions of the fence or other barrier.
2. Water meeting all federal and state requirements for purity, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon per person per day, and in the event of overnight camping, water for bathing at the rate of at least ten gallons per person per day along with one bathing facility for every 200 persons with said bathing facilities to be evenly divided between male and female, with said affidavit to further indicate the source of water, and the amount available. For overnight assemblies between one hundred and two hundred persons, continuing between the hours of midnight and eight a.m., there shall be at least one male and one female bathing facility.
3. Separate enclosed toilets for males and females meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled at the rate of at least one toilet for every 200 persons with said facilities to be evenly divided between male and female together with an efficient, sanitary means of disposing of waste matter deposited, which is in compliance with all state and local laws and regulations; one lavatory for every 500 persons with running water under pressure and a continuous supply of soap and paper towels to be provided with each lavatory or in the alternative a sufficient number of chemically treated sanitary towels with said affidavit indicating in addition the source, number, type and means of disposing of waste deposited. Except that in the event of overnight assemblies of less than four hundred people, continuing between the hours of midnight and eight a.m., there shall be at least two toilet facilities for males and two for females, and further that in the event of such overnight assemblies of less than five hundred persons, there shall be at least one lavatory for males and one lavatory for females.
4. A sanitary method of disposing of solid waste in compliance with state and local laws and regulations sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least 2.5 pounds of solid waste per person per day, together with a plan for holding and a plan for collecting all such waste at least once each day of the assembly and sufficient trash cans with tight fitting lids and personnel to perform the task with said affidavit to indicate the method of disposing of such waste.
5. Medically trained personnel certified as capable of administering emergency first aid at the rate of one certified personnel per 1000 persons and the minimum amount of medical equipment and supplies as may be required by the state or other municipal authorities; an enclosed, covered structure where treatment may be rendered and at least one emergency on site ambulance available and said affidavit to further indicate that sufficient and timely and written notice will be given to an additional local ambulance service which may be called upon in an emergency situation, said notice giving the time and location and points of entry and exit of the assembly and the aforementioned enclosed covered structure where treatment may be rendered. In addition, said affidavit shall indicate the names and addresses and hours of availability of medically trained personnel and by whom they are certified to give first aid medical treatment. In the event of assemblies of less than one thousand persons continuing between the hours of midnight and eight a.m., medically trained personnel shall not be required on the site. However, all other provisions of this section shall apply.
6. Illumination sufficient to light the entire area of the assembly if the assembly is to continue during hours of darkness with said illumination to be provided at the rate of at least five foot candles, but not to shine unreasonably beyond the boundaries of the enclosed location of the assembly, with said affidavit to indicate the source and amount of power.
7. An off-street parking area sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four persons, with said affidavit to indicate the size and capacity of said parking lots, and with said affidavit to further indicate that parking attendants would be provided at the rate of one attendant for every 400 cars and with said parking area to have controlled points of entry and exit.
8. Telephones connected to outside lines sufficient to provide service for the maximum number of people to be assembled at the rate of at least one separate line and receiver for each 2,000 persons, and one additional phone to be located in the medical structure described in sec. 5 with said affidavit to further indicate the source and number of telephones. Except that in the case of assemblies of less than two thousand persons, continuing between the hours of midnight and eight a.m., there shall be at least two phones.
9. Camping facilities within the boundaries of the location of the assembly if the assembly is to continue overnight with said camping facilities to be in compliance with all state and local requirements sufficient to provide camping accommodations for the maximum number of people to be assembled or anticipated to sleep overnight but in no event shall such number exceed the maximum permitted to sleep within the boundaries of the location of the assembly by the zoning or health ordinances of the county or any other ordinance enforceable at the location of the assembly.
10. Security guards, either regularly employed, duly sworn off-duty Wisconsin peace officers or private guards, licensed in Wisconsin, sufficient to provide adequate security for the maximum number of people to be assembled at the rate of at least one security guard for every 750 people, and in addition, said affidavit shall indicate the number of guards, their deployment, names, addresses and credentials. Except that in the case of assemblies of less than seven hundred fifty people, continuing between the hours of midnight and eight a.m., there shall be at least one security guard.
11. Fire protection, including alarms, extinguishing devices and fire lanes and escapes sufficient to meet all state and local standards for the location of the assembly as set forth in the Wisconsin Administrative Code and the ordinances of the county and sufficient emergency personnel to efficiently operate the required equipment; in addition thereto, said affidavit shall indicate that notice shall be given in writing to that fire department having jurisdiction over the assembly area with said notice to provide the fire department with the location of the assembly, the dates of assembly and hours of operation as well as points of entrance, fire lanes, location of extinguishers and possible water supply, and any structures which may be on the assembly grounds, with said affidavit to indicate the number and type of all such fire protection devices and the number, names and addresses and credentials of emergency fire personnel.
12. All reasonably necessary precautions to insure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly with said affidavit to further indicate the number, power and source of power of amplifiers and speakers.
13. Space for only licensed food and beverage concessionaires in the event that concessions will be allowed to operate on the grounds with said affidavit to further indicate the names and addresses of all concessionaires and hours of operation.
(d) Submit, in conjunction with the application required by subsection (b), a scaled drawing of the location where the assembly is to be held with such drawing or map to show in addition to the surrounding area:
1. The location of the fence or other barrier and points of entry and exits as required by subsection (c)(1), and
2. The location of water outlets as required by subsection (c)(2), and
3. The location of toilets for males and females as required by subsection (c)(3), and
4. The location of trash cans and receptacles as required by subsection (c)(4), and
5. The location of the medical structure as required by subsection (c)(5), and
6. The location of the power supply and location of lamps as required by subsection (c)(6), and
7. The location of parking lots, lanes, points of highway access and interior roads, including routes between highway access points and parking lots as required by subsection (c)7, and
8. The location of telephone lines and receivers as required by subsection (c)(8), and
9. The location of camping facilities as required by subsection (c)(9) with said facilities to be located within reasonable proximity to water, toilets, bathing facilities, trash receptacles, medical treatment, lighting, parking, telephones, and fire protection devices, and
10. The location of all fire protection devices including extinguishers and water supply as required by subsection (c)(11), and
11. The location of amplifiers and speakers and their power source as required by subsection (c)(12), and
12. The location of food and beverage concessions as provided for in subsection (c)(13).
(e) Provide a bond, to be filed with the county clerk, either in cash or underwritten by a surety company licensed to do business in Wisconsin at the rate of $1 per person for the maximum number of people permitted to assemble each day which shall indemnify and hold harmless this municipality or any of 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. In the alternative, the applicant shall provide any other alternative type of insurance which shall satisfy the needs of the county.
(f) Submit the license fee as required by subsection (3)(c), which shall be returned if the license is denied.
(5) Board Action. Upon receipt of said application and affidavits, the Kenosha County Sheriff shall determine if the requirements of this section have been met and shall make a recommendation regarding the granting of an Activity Control License to the applicant to the Kenosha County Sheriff’s Committee, which shall in turn make a recommendation to the Kenosha County Board. Upon majority vote in favor of granting such a license, the County Clerk shall issue an Activity Control License to the applicant in the form provided for in subsection (6). Any decision to deny the issuance of a license shall contain the reason for such denial.
(6) License Form. The form of said license shall be as follows:
County of Kenosha, State of Wisconsin
ACTIVITY CONTROL LICENSE
Valid on the following dates of assembly:
County of Kenosha, to all whom it may concern:
WHEREAS, the County Board of Supervisors of the County of Kenosha, Wisconsin has authorized the granting of an activity control license on the _____ day of ________________, 19____ to _________________, upon application therefore, which application for an activity control license for the premises hereinafter described was made pursuant to section 8.01 of the Municipal Code of Kenosha County, and which application is on file in the office of the County Clerk of Kenosha County, and
WHEREAS, said applicant has paid to the Kenosha County Treasurer the sum of $_________, and
WHEREAS, said applicant has agreed to limit said assembly to _____ persons per day so as to provide for the health, safety and welfare of those assembled and to limit overnight assemblies to _____ persons, all in accordance with section 8.01 of the Kenosha County Ordinances,
NOW THEREFORE, an Activity Control License is hereby granted to _________________ to allow an assembly of not more than _____ persons per day and overnight camping not to exceed ______ persons per day on premises located at _____________________ pursuant to section 8.01 of the Municipal Code of Kenosha County and the provisions and conditions set forth therein and subject to revocation as set forth therein.
Given under my hand and seal of Kenosha County this _____ day of ______________, 19___.
County of Kenosha, Wisconsin by: _______________________
County Clerk
(7) Revocation. Any license granted pursuant to this section may be revoked by the Kenosha County Board at any time if any of the conditions necessary for the issuing of or contained in the license are not complied with or if any condition previously met ceases to be complied with. The revocation shall contain the reasons for such revocation and shall become effective upon posting notice of the revocation at the assembly site.
(8) Enforcement.
(a) The provisions of this section may be enforced by injunction in any court of competent jurisdiction.
(b) The holding of an assembly in violation of any provisions or conditions contained in this section shall be deemed a public nuisance and may be abated as such.
(c) Any person who violates this subsection or who violates any condition upon which he is granted a license shall forfeit not less than $1,000 nor more than $5,000 together with the costs of prosecution, and in default of payment thereof shall be imprisoned in the county jail until such fine and costs are paid but not to exceed 90 days. Each day of violation shall be considered a separate offense.
(9) Severability. It is the further intent of the Kenosha County Board that all subsections and provisions of this section have an independent existence, and should any subsection or provision be declared invalid or unconstitutional by any court of competent jurisdiction, it is the intent of this county board to sever such subsections and provisions so declared and this shall not affect the validity of the remainder of the section.
(10) Effective Date. This ordinance shall become effective upon publication thereof.