Number
030175
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to regulations for special event campgrounds.
Sections
261-103-2-a am
261-103-2-e cr
261-103-4-0 rc
261-103-5-a am
261-103-5-b-5 cr
261-103-5-c-0 am
261-103-5-d rc
261-103-6 rn
261-103-6 cr
261-103-7 rn
261-103-8 rn
261-103-9 rn
Analysis
This ordinance defines a "special event campground" as a campground operated during the course of a single event, such as a fair, rally or festival, for a maximum of 7 consecutive nights. The ordinance also requires the operator of a special event campground to obtain a festival permit from the department of city development (in addition to a campground permit from the department of neighborhood services). A campground operator may renew a permit for a special event campground one time. Fire department review and approval of a campground's festival permit application shall be required. Furthermore, a special event campground must meet a number of standards prescribed in the ordinance, including:
a. All roads and parking areas in the campground shall be paved.
b. The campground shall be located not less than 600 feet from the nearest residential use.
c. The campground operator shall prepare an emergency evacuation plan and provide copies of the plan to all campers and to the city.
d. The campground operator shall provide on-site, 24-hour security service on the campground premises.
e. All areas of the campground shall be located within 400 feet of the nearest fire hydrant.
f. The campground premises shall be restored to its original condition at the termination of campground operation.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 261-103-2-a of the code is amended to read:
261-103. Festival Permits.
2. DEFINITIONS.
a. "Festival" means >>a special event campground or<< a program of cultural events, celebrations or entertainment conducted by any person, group, organization or association outdoors on private property within the city of Milwaukee.
Part 2. Section 261-103-2-e of the code is created to read:
e. "Special event campground" means any parcel or tract of land which is designed, maintained, intended or used for the purpose of providing sites for non-permanent overnight use by 4 or more camping units, during the course of a single event, such as a fair, rally or festival, for a maximum of 7 consecutive nights or the maximum number of nights permitted by the zoning code, whichever is less. In this paragraph, "camping unit" means any portable device, not more than 400 square feet in area, used as a temporary dwelling, including but not limited to a camping trailer, motor home, bus, van, pick-up truck or tent.
Part 3. Section 261-103-4-0 of the code is repealed and recreated to read:
4. EXCEPTIONS. The uses listed in this subsection shall be exempt from the festival permit requirements. In no case shall a special event campground be exempt from the permit requirements.
Part 4. Section 261-103-5-a of the code is amended to read:
5. PERMIT APPLICATION.
a. Filing of Application. Any person, group, organization or association desiring to hold a festival shall make written application and file same in duplicate with the commissioner of city development at least 30 working days prior to the event. >>In the case of a special event campground, the applicant shall also obtain a campground permit from the department of neighborhood services in accordance with s. 64-01-2 of this code and ch. HFS 178, Wis. Adm. Code.<<
Part 5. Section 261-103-5-b-5 of the code is created to read:
b. Contents of Application.
b-5. A site plan and written plan of operation.
Part 5. Section 261-103-5-c-0 of the code is amended to read:
c. Approval or Denial of Permit Application. Upon receipt of a completed application, the commissioner of city development shall submit the application for review to the chief of police and the common council members in whose districts the festival is to occur. >>In the case of a special event campground, the commissioner of city development shall also provide a copy of the permit application and accompanying documents to the fire department for review and approval with respect to fire code requirements.<< The commissioner of city development shall have the authority to modify time and place of a festival to facilitate crowd control in the interests of relieving congestion and promoting public safety. The commissioner of city development shall issue a permit if the conditions specified in this section are met and unless:
Part 6. Section 261-103-5-d of the code is repealed and recreated to read:
d. Duration. Each festival permit, except a permit for a special event campground, shall be valid for a period of 15 consecutive days, as indicated on the permit. The commissioner of city development may extend the period one or more times for up to an additional 10 consecutive days. A festival permit for a special event campground shall be valid for a period of up to 7 consecutive nights, and may be renewed for one additional period of up to 7 consecutive nights. The commissioner of city development may require additional control measures as a condition of the extension or renewal of any festival permit if the control measures are necessary to meet the requirements of this section.
Part 7. Section 261-103-6 to 9 of the code is renumbered 261-103-7 to 10.
Part 8. Section 261-103-6 of the code is created to read:
6. STANDARDS FOR SPECIAL EVENT CAMPGROUNDS. All special event campgrounds shall meet the following standards:
a. The campground operator shall obtain a campground permit from the department of neighborhood services in accordance with s. 64-01-2 of this code and ch. HFS 178, Wis. Adm. Code. The permit application shall be accompanied by a plan of operation and a site plan that meets all applicable requirements of ch. HFS 178, Wis. Adm. Code. The department of neighborhood services shall not issue a campground permit to any permit applicant who has outstanding violations of the code of ordinances. For an indoor campground, a certificate of occupancy shall be obtained in accordance with s. 200-42. In addition to the campground permit, and the festival permit required by this section, other permits and licenses, including but not limited to an alcohol beverage license or a food dealer license, may be required for campground operations.
b. All roads and parking areas in the campground shall be paved with concrete, asphalt macadam, tar macadam, crushed stone, paving blocks, traffic bond or other paving material.
c. The campground shall be located not less than 600 feet from the nearest residential use.
d. The campground operator shall prepare an emergency evacuation plan and provide copies of the plan to all campers. A copy of the plan shall also be provided to the city at the time of application for the festival permit.
e. No open-air fires shall be permitted at the campground except fires in substantial burners built of metal, concrete or brick that are well-covered or screened to prevent the escape of sparks and burning embers.
f. No cooking shall be permitted at indoor campsites except cooking that is explicitly permitted by a food dealer license or license for temporary operation of a food establishment issued by the health department.
g. The campground operator shall provide on-site, 24-hour security service on the campground premises. The name of the business or organization providing security, and the cellular telephone number used by the business or organization, shall be provided to the department of neighborhood services at the time of campground permit application.
h. The campground shall contain fire department access lanes at least 20 feet wide.
i. All parts of the campground shall be located within 400 feet of the nearest fire hydrant.
j. The campground premises shall be restored to its original condition at the termination of campground operation.
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
Department of Neighborhood Services
Drafter
LRB03199-2
JDO
5/22/03