Number
211943
Version
ORIGINAL
Reference
Sponsor
ALD. MURPHY
Title
An ordinance relating to reimbursement of the costs of police, fire and public works services provided in association with special events.
Section
81-114.6 rc
105-55.5-1-a am
105-55.5-1-b rc
105-55.5-1-c rc
105-55.5-1-d rp
105-55.5-1-e rp
105-55.5-1-f rn
105-55.5-2-a am
105-55.5-2-c am
105-55.5-2-d am
105-55.5-2-e am
105-55.5-2-f am
105-55.5-4-b am
320-55 cr
Analysis
This ordinance creates a special event cost reimbursement committee and establishes a procedure by which this committee determines if an applicant for a special event permit is required to reimburse the city for necessary police, fire and public works services in association with the proposed special event. This committee, comprised of individuals from the common council, mayor’s office, department of public works, police department, fire department and city attorney’s office, is charged with using criteria listed in the ordinance to determine whether the permit applicant will bear all or a portion of the costs associated with police and public works services.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-114.6 of the code is repealed and recreated to read:
81-114.6. Special Events - City Services. 1. The fee for a Class A or B special event permit shall be the actual hourly cost for police, fire and public works services, as documented by the chief of police and commissioner of public works.
2. There shall be no fee for issuance of a permit for a Class C special event; however the commissioner of public works may establish fees for the provision of additional city services requested by the applicant.
3. The fees provided under sub. 1 and 2 may be waived in whole or in part by the special event cost reimbursement committee under s. 320-55.
Part 2. Section 105-55.5-1-a of the code is amended to read:
105-55.5. Special Events Permits.
1. DEFINITIONS. In this section:
a. [[“Class AA event”]]>>”Class A event”<< means a special event >>, other than a Class C event,<< authorized by the common council and mayor by separate agreement or resolution for the purposes of safely facilitating large public gatherings of people by restricting vehicular and pedestrian access and use within a designated area larger than one contiguous city block and within a defined timeframe in excess of 2 days, and that requires more than 150 hours of services as determined and documented by the police department and the department of public works based on the size, nature and location of the event.
Part 3. Section 105-55.5-1-b and c of the code is repealed and recreated to read:
105-55.5. Special Events Permits.
1. DEFINITIONS. In this section:
b. “Class B event” means a special event, other than a Class C event, requiring less than 150 hours of service as determined by the police department, based on the size, nature and location of the event.
c. “Class C event” means a special event requiring no hours of service as determined by the police department, based on the size, nature and location of the event, or:
c-1. A special event sponsored by the city or veterans groups.
c-2. An elementary and secondary school event under the direction and supervision of school authorities.
c-3. A demonstration conducted for the purpose of indicating approval or disapproval of the governmental policies or practices, expressing a view on public issues, or bringing into public notice any issue or other matter.
c-4. A special event determined by the special event cost reimbursement committee, established under s. 320-55, to have the special event permit fee waived.
Part 4. Section 105-55.5-1-d and e of the code is repealed.
Part 5. Section 105-55.5-1-f of the code is renumbered 105-55.5-1-d.
Part 6. Section 105-55.5-2-a of the code is amended to read:
105-55.5. Special Events Permits.
2. APPLICATION.
a. Filing of Application. Any person, group, organization or association, other than a city official for city business, desiring to hold a special event on the public right-of-way or public premises shall make written application and file same in duplicate with the commissioner of public works not less than 7 calendar days prior to [[Class D]] >>Class C<< events, except not less than 2 working days prior to demonstrations as specified in [[sub. 1-e-3]] >>sub. 1-c-3<<; not more than 365 nor fewer than 60 days prior to [[Class A, B and C events]] >>Class B events<<; and not more than 365 days nor fewer than 90 days prior to [[Class AA]] >>Class A<< events and to [[Class A, B, and C]] >>Class B<< events classified as “downtown events.” For the purposes of this section, “downtown events” are those special events to be held on the public right-of-way or public premises in the area bounded by St. Paul Avenue on the south and Juneau Avenue on the north, Prospect Avenue on the east and north 10th Street on the west, and shall also include the Civic Center Plaza, bounded by west Wells Street on the south and west State Street on the north, north 7th Street on the east and north 9th Street on the west.
Part 7. Section 105-55.5-2-c-0 of the code is amended to read:
105-55.5. Special Events Permits.
2. APPLICATION.
c. Approval or Denial of Permit. Upon receipt of a completed application, the commissioner shall submit the application for review to the chief of police and the common council members in whose districts the event is to occur. The police department, in consultation with the commissioner and the local common council member or members, shall determine the classification of each special event. >>Upon determining the fee to be charged for a special event permit under s. 81-114.6, the commissioner shall notify the common council member or members representing the aldermanic district or districts in which the special event is to take place of the amount of the fee. Any common council member so notified may, within 3 business days of receiving notice, submit a request to the special event cost reimbursement committee established under s. 320-55 for a determination as to whether the fee or a portion thereof shall be waived.<< The commissioner shall have the authority to modify the route, time and place of a special event to facilitate crowd control in the interest of relieving congestion and promoting public safety, provided that the applicant’s right of free speech is not denied thereby. The commissioner shall issue a permit unless:
Part 8. Section 105-55.5-2-d of the code is amended to read:
105-55.5. Special Events Permits.
2. APPLICATION.
d. Appeal of permit Denials. The commissioner of public works shall grant or deny the applicant for a special event permit and notify the applicant of a denial within [[3]] >>5<< working days after the filing of an application for a [[Class D]] >>Class C<< special event permit, except as soon as possible but not more than one working day for demonstrations as specified in [[sub. 1-d-3]] >>sub. 1-c-3<< or within 30 working days after the filing of an application for a [[Class AA, A, B or C]] >>Class A or B<< special event permit. Any applicant who has been denied a special event permit may upon written request filed with the city clerk within 10 calendar days of issuance of the denial, have the denial reviewed by the appropriate common council standing committee, which shall forward its recommendation to the common council for affirmation or reversal of the initial action on the application. Such determination by the common council shall constitute final action. If the committee and the common council are unable to convene prior to the proposed date of the special event, the applicant may seek judicial review of the denial.
Part 9. Section 105-55.5-2-e and f of the code is amended to read:
105-55.5. Special Events Permits.
e. Fees. The applicant for a special event permit shall pay the appropriate fee for the city services set forth in s. 81-114-6, no later than 3 days prior to the date of the special event >>unless the fee or a portion of the fee is waived by the special event cost reimbursement committee under s. 320-55<<. The commissioner of public works may establish fees for a provision of additional city services requested by the applicant not set forth in s. 81-114-6. >>These fees may also be waived in whole or in part by the special event cost reimbursement committee under s. 320-55.<< Permits shall be issued upon payment of appropriate fees.
f. Exemptions. A permit fee is not required for [[Class D]] >>Class C<< events. The commissioner of public works may establish fees for provision of additional city services requested by the applicant not set forth in s. 81-114.6. >>These fees may be waived in whole or in part by the special events cost reimbursement committee under s. 320-55.<<
Part 10. Section 105-55.5-4-b of the code is amended to read:
105-55.5. Special Events Permits.
4. PERMIT REGULATIONS.
b. Insurance. b-1. Each applicant for a [[Class AA, A, B or C]] >>Class A or B<< event shall furnish with the application fee submitted to the department of public works a certificate of insurance written by a company licensed in the state of Wisconsin, approved by the city and covering any and all liability or obligations which may result from the operations by the applicants’ employees, agents, contractors or subcontractors, and including worker’s compensation coverage in accordance with ch. 101, Wis. Stats. The certificate shall provide that the company will furnish the city with a 10-day written notice of cancellation, non-renewal or material change. The insurance shall be written in comprehensive form and shall protect the applicant and city against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the applicant, its employees, agents, contractors and subcontractors.
Part 11. Section 320-55 of the code is created to read:
320-55. Special Event Cost Reimbursement Committee.
1. ESTABLISHMENT; PURPOSE. There is created a special event cost reimbursement committee for the purpose of determining whether the fee for a special event permit shall be waived in whole or in part.
2. COMPOSITION. The committee shall consist of the following 7 members:
a. The chair of the public safety and health committee, who shall serve as chair of the board.
b. The chair of the public works committee.
c. The commissioner of public works or designee.
d. The chief of police or designee.
e. The chief of fire or designee.
f. The mayor or designee.
g. The city attorney or designee.
3. DUTIES AND POWERS. Upon receiving a request from a common council member for review of a special event permit fee, the committee shall evaluate the permit application and proposed fee to determine whether the fee shall be waived wholly or in part. In determining whether to wave all or a portion of a proposed fee, the committee shall consider the following factors:
a. The classification of the event as defined in s. 105-55.5.
b. Size of event.
c. Location of event.
d. Cost of attendance for the event.
e. Nature of event.
f. City sponsorship of event.
g. Support of local council member.
h. Status of hosting entity as a nonprofit, government or quasi-government agency.
4. NOTICE. The committee shall notify the local common council member or members and the commissioner of public works of its determination of the amount of the special event permit fee to be waived, if any.
5. APPEAL. Any applicant who has been denied a waived or reduction of a permit fee may have the denial reviewed by the administrative review board of appeals pursuant to s. 320-11.
6. STAFFING. The city clerk’s office shall provide staff assistance to the committee. All city departments and agencies shall cooperate with the committee and provide assistance whenever the committee so requests.
Part 12. This ordinance is effective January 1, 2023.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB177242-1
Luke Knapp
4/1/22