City of West Allis, WI
Wednesday, April 17, 2019
Chapter 6. Public Safety, Morals and Welfare
6.031. Parades and Other Events upon the Street.
[Ord. 6318, 5/20/1997]
(1)
Definitions.
(a)
Parade. Parade means any march or procession consisting of
people, animals or vehicles, or combination thereof, except funeral processions,
upon any public street, sidewalk or alley, which does not comply with normal and
usual traffic regulations or controls.
(b)
Chief of Police means the Chief of the West Allis Police
Department or his designee.
(c)
Street event means an organized competition, contest or event
of twenty-five (25) or more people who travel on foot, wheelchair, bicycle or
similar device, upon any public street, sidewalk or alley, which does not comply
with normal and usual traffic regulations or controls.
(2)
Parades and Street Events Prohibited Without a Permit.
(a)
It shall be unlawful for any person to conduct a parade or
street event in or upon any public street, sidewalk or alley in the City of West
Allis or knowingly participate in such parade or street event unless and until a
permit to conduct such parade or street event has been obtained from the Chief
of Police or, as hereinafter provided, from the Common Council.
(b)
Only one Street Event permit per month shall be allowed,
unless approved by the Common Council, as provided in subsection (9).
(3)
Parade or Street Event for Commercial Purposes Prohibited. No
permit shall be issued authorizing the conduct of a parade or street event which
the Chief of Police finds is proposed to be held for the sole purpose of
advertising any product, goods, wares, merchandise or commercial establishment
and is designed to be held purely for private profit.
(4)
Application for Permit. Any person who wants to conduct a
parade or street event shall apply to the Chief of Police for a permit at least
thirty (30) days in advance of the date of the proposed parade or street event.
The Chief of Police may, in his discretion, consider any application for a
permit which is filed less than thirty (30) days prior to the day it is proposed
that the parade or street event is to be held. The application for such permit
shall be made in writing on a form approved by the Chief of Police and shall
contain the following information:
(a)
The name of the applicant, the sponsoring organization, the
person in charge of the parade or street event, the addresses and telephone
numbers of each and the signature of the applicant.
(b)
The purpose of the parade or street event, the date when it is
proposed to be conducted, the location of the assembly area, the location of the
disbanding area, the route to be traveled and the approximate time when it will
assemble, start and terminate.
(c)
A general description of the parade or street event.
(d)
Such other information as the Chief of Police may deem
reasonably necessary.
(5)
Fees.
(a)
The applicant shall, at the time the application is filed, pay
a five hundred dollars ($500) parade/street event permit fee.
(b)
Refunds. Permit fee payments may be refunded, except for a
fifty dollar ($50) permit processing fee, if notification of cancellation of the
parade/street event by the applicant is received by the Chief of Police at least
ten (10) days prior to the scheduled event or if the event is cancelled by the
Chief of Police, pursuant to section (8).
(c)
Deposit.
[Ord. O-2000-001, 7/1/2003]
1.
In addition to the permit fee, the applicant shall submit a
two thousand dollar ($2000.00) cash deposit, from which the Chief of Police
shall deduct a fee of fifty dollars ($50.00) for each hour of service per
officer required to direct traffic, control the crowd, or otherwise related to
the conduct and supervision of the parade and the dispersal of the crowd
thereafter, and from which the Director of Public Works shall deduct a fee of
thirty dollars ($30.00) for each hour of service per employee required to
position barricades, sweep streets and post signage.
2.
The applicant shall be responsible for any cost incurred by
the West Allis Police Department and the West Allis Public Works Department, as
described in subsection (c)(1), over and above the deposit amount, and will be
billed for the excess within thirty (30) days after the completion of the parade
or event. Failure to pay the amount billed may be used as a basis to deny future
parade or event applications. The City Attorney is authorized to commence an
action to collect the unpaid amount.
3.
Any unused portion of the deposit will be refunded to the
applicant within thirty (30) days after the completion of the parade or
event.
4.
The deposit may be refunded in full if notification of
cancellation of the parade/street event by the applicant is received by the
Chief of Police at least ten (10) days prior to the scheduled parade or event or
if the parade or event is cancelled by the Chief of Police, pursuant to section
(8).
(d)
Exemption. A permit fee or deposit is not required for:
[Ord. O-2000-001, 7/1/2003; Ord. O-2014-0011,
4/1/2014]
(6)
Issuance or Denial of Permit.
(a)
Standard for Issuance. The Chief of Police shall issue a
parade or street event permit conditioned upon the applicant's written agreement
to comply with the terms of such permit, unless the Chief finds that:
1.
The time, route or size of the parade or street event will
unreasonably disrupt the movement of other traffic.
2.
The parade or street event is of a size or nature that
requires the diversion of so great a number of police officers of the City to
properly police the line of movement and the areas and crowds contiguous thereto
that allowing the parade or street event would deny reasonable police protection
to the City.
3.
The proposed parade or street event will interfere with
another parade or street event for which a permit has been issued.
(b)
Standard for Denial. The Chief of Police shall deny an
application for a parade or street event permit and notify the applicant in
writing of such denial and the reasons therefor where:
1.
The Chief of Police makes any finding contrary to the findings
required to be made for the issuance of a permit.
2.
The information contained in the application is found to be
false or nonexistent in any material detail.
3.
The insurance required under subsection (7) has not been
provided or has not been approved by the City Attorney.
4.
The applicant refuses to agree to abide by or comply with all
conditions of the permit.
5.
The number of permitted street events set forth in subsection
(2) has been met.
(7)
Insurance Required. The application for a license shall be
accompanied by a certificate of insurance for comprehensive general liability
and automobile liability in at least the following limits of coverage:
|
Type of Policy |
Liability Limits | |
|
Comprehensive/General Bodily Injury |
$1,000,000 each occurrence
$1,000,000 aggregate | |
|
Property Damage |
$500,000 each occurrence
$500,000 aggregate | |
|
Automobile Liability (Operation of owner, hired and
nonowned motor vehicles) Bodily Injury and Property Damage Combined Single
Limit |
$1,000,000 each
occurrence |
|
The certificate of insurance shall have an endorsement
to indemnify and hold the City of West Allis harmless from any or all
damages, judgments and claims which may be asserted against the City by
reason of any damages or injuries sustained by any person or to any
property by the parade or street event or participants therein. The
certificate of insurance shall also provide that the City be reimbursed
for any damages or injury which it sustains by reason of said parade or
street event or by the acts of any participant. The certificate of
insurance shall be approved as to form by the City
Attorney. |
(8)
Cancellation. If, after issuing a parade/street event permit,
an emergency arises which may threaten the health, comfort or safety of the
general public or the participants of the event, the Chief of Police may cancel
the permit and prohibit the proposed event.
(9)
Appeal Procedure. Upon a denial by the Chief of Police of an
application made pursuant to section (4), the applicant may appeal from the
Chief's determination within ten (10) days from the date of notification by
filing with the City Clerk/Treasurer a written notice of appeal for hearing by
the Common Council at its next meeting. Upon such appeal, the Common Council may
reverse, affirm or modify, in any regard, the determination of the Chief of
Police.
(10)
Officials to be Notified. Immediately upon the granting of a
permit for a parade or street event, the Chief of Police shall send a copy of
the permit to the Mayor, Common Council President, Fire Chief and Director of
Public Works.
(11)
Conduct of Parade.
[Ord. 6342, 11/13/1997]
(a)
No vehicle in a parade shall be operated in such a manner that
the tires of the vehicle break traction or squeal due to unnecessary
acceleration.
(b)
No vehicle in a parade shall be operated in such a manner that
any of the tires of the vehicle leave the ground while accelerating.
(c)
No person may sell, give away, possess or use along a parade
route, any device which is designed to make noise and is sufficiently loud so as
to frighten or startle an animal in the parade, propel a projectile or create an
offensive odor. A parade route means the streets of the parade route approved,
pursuant to this section, and shall extend twenty-five (25) feet from the curb
line of said streets.
(12)
Penalty.
(a)
Any person convicted of violating any of the provisions of
this ordinance shall forfeit not less than fifty dollars ($50) nor more than
five hundred dollars ($500) for each violation, together with the costs of
prosecution and, in default of payment thereof, the defendant's operating
privileges shall be suspended pursuant to secs. 343.30 and 345.47 of the
Wisconsin Statutes, or by imprisonment in the Milwaukee County House of
Correction until such forfeiture and costs are paid, but not in excess of the
number of days set forth in sec. 800.095(4) of the Wisconsin Statutes.
(b)
Each day's violation shall constitute a separate
offense.