Damakant Jayshi
Residents seeking permission to hold large-scale events in unincorporated areas of Marathon County would see a streamlined process if a proposed ordinance change is approved, say county officials.
The ordinance regulates gatherings of large numbers of people, with the new draft specifically referring to minimizing adverse impacts to surrounding properties. Officials from Marathon County’s Conservation Planning and Zoning Department also say the current ordinance is unenforceable since some provisions are outdated or raise constitutional questions.
The matter was discussed by the Environmental Resources Committee Tuesday.
One provision deemed unenforceable is a 60-day period for considering an event application. A court could rule that unconstitutional, said Corporation Counsel Michael Puerner. Under the new language that period has been reduced to 30 days, while any appeal related to a permit’s acceptance would be vested with the county administrator. The existing policy vests that authority the Administrative Review Appeals Board.
The current ordinance also mentions the Forestry Recreation and Zoning Committee, which no longer exists.
Under the new proposal, the process to challenge a decision is faster. Now, if someone doesn’t agree with the decision, they must submit their complaint within five days after the department decides. Then, a decision must be made within five days of getting the complaint.
ER Committee Chair Jacob Langenhahn asked why the authority was vested in the county administrator, not with a committee. He said his concern was to protect the county administrator from any backlash arising out of a decision on an appeal.
“I’d rather have that feedback go to the supervisor rather than the administration,” he said.
Puerner said that since assemblies relate to First Amendment rights, an expedited process of deciding on an appeal is preferred. Having the appeal considered by a county committee could take time, potentially drawing accusations of delay and raising constitutional questions, he said. The administrator deciding the appeal could be a faster process, eliminating any possibility of a delay.
“We would have to make sure it is written in a way to alleviate some of those constitutional concerns specifically about timing, making sure that an appeal to a committee wouldn’t unduly delay the decision because ultimately we are dealing with the First Amendment rights here,” Puerner said.
The aggrieved party can approach a circuit court to overturn a county decision depending on what that decision is. Langenhahn later withdrew his suggestion.
A new rule says that there are some special services called “Extraordinary Services.” These are important services or tools that county workers give that are more than what they usually do for public safety. These extra efforts take up a lot of time and resources for the county staff.
Under these new rules, if event planners need something special, like a barrier or signs from the Highway Department, they have to make a separate agreement and pay for these services. This is not currently required.
A new change is about how small local areas, called townships, are involved when someone applies to hold an event there. Now, the CPZ Department will let the township know right away when they get an application, and also tell them when they decide to give the permit.
The update also clarifies that “the appeal must state, in writing, the grounds upon which the appeal is being made. No party may appeal the issuance of a license under this section based upon a disagreement with the content, message, or viewpoint of the event or assembly.” This provision is not in the existing ordinance.
The updated draft is the product of a working group formed earlier this year, according to county staff. The work group meetings were attended by county supervisors from the ER, Public Safety and Infrastructure Committees, representatives townships and staff. The work group also took feedback from Edgar Steam Show representatives. That multi-day, annual event draws thousands of people.
A representative of Edgar Steam Show, Kevin Behnke, told the ER Committee on Tuesday that they don’t see any benefits in the updated ordinance “because it’s a lot of paperwork,” adding the show organizers already meet over 95% of the requirements to get a permit for the show. Officials said another local show organizer, for the annual Taste and Glow Balloon Rally, did not respond to their requests to provide feedback, though the future of that event is in question.
However, county officials said that while they believed the Steam Show can organize with competence as they have been doing it for years, they wanted to ensure that any new group desiring to host a big event, whether from the county or outside, complied with health and safety requirements when organizing an event attended by thousands of people.
The assemblies ordinance applies to events with at least 3,000 expected attendees that last at least 8 hours in areas that do not have city, town or village oversight.
Another concern, related to security, was addressed by Sheriff Chad Billeb. The updated ordinance requires organizers to ensure security for a large event. Billeb said that the provision is not aimed at restricting anyone from organizing an event but rather a roadmap for adequate security measures.
Other changes relate to duration of event. Right now, the permit is issued for 72 hours unless an extension is granted by a competent authority. By contrast, the updated draft says the duration will be identified in the permit.
Provisions related to public bathrooms has also been updated. The current ordinance stipulates having separate enclosed toilet facilities for males and females, adding that there should be at least one toilet for every 100 females and at least one toilet for every 150 males. The updated draft requires “separate enclosed toilets sufficient for the maximum number of people to be assembled,” to be placed at convenient locations throughout the grounds.
ERC members favored having a trial period of one year for the updated ordinance so its impact can be reviewed prior to renewal. After being reviewed by the Infrastructure and Public Safety Committees, the Marathon County Board of Supervisors will make a final decision in February or March.
