Damakant Jayshi
Representatives of the Edgar Steam Show and a town in Marathon County expressed concerns this week about the proposed updates to an ordinance that regulates some major events in the area.
A proposal would make changes to the existing Assemblies Ordinance, which governs 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.
Some speakers Thursday pointed to provisions in the revised ordinance that could put small towns in a difficult situation.
Board Chair Kurt Gibbs said the chairs of two committees that had voted to move the new ordinance forward – Public Safety and Infrastructure – have since requested pulling the measure for further discussion. The Environmental Resources Committee, which discussed the ordinance earlier this month, is yet to vote on it – though its members seemed open to it and suggested adding a sunset provision of a year.
The item was pulled from board consideration but an agendized presentation by the county’s Conservation, Planning and Zoning department went ahead as scheduled.
Some provisions in the current ordinance are outdated and some others could be construed as unconstitutional, said County Administrator Lance Leonhard. He added the county’s Conservation Planning and Zoning Department was trying to update rules to address those concerns.
One provision deemed unenforceable is a 60-day period for considering an event application. A court could rule that unconstitutional, Corporation Counsel Michael Puerner said earlier this month. 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 township and Edgar Steam Show organizers sought clarification on some provisions.
“I am a little bit concerned with the lack of county input because this will be affecting all of your unincorporated…townships,” said Dean Beck, chair of the board of Town of Easton. He pointed to a scenario in which an event organizer could successfully apply to Marathon County to hold an event in a town, but the host town may not be involved in the process until after a permit is granted.
The proposed ordinance, though, has a provision that informs the townships as soon as the county’s CPZ Dept. receives an application from an organizer. The CPZ Dept. will also notify the municipality when a permit is granted.
Beck also raised concerns about the potential impact of a large event, saying some safety provisions could put immense pressure on rural fire departments. The township chair also objected to provisions related to “quiet time between 2 a.m. and 6 a.m.,” terming it inadequate. The current quiet time runs from 2 a.m. to 8 a.m.
Beck also asked whether townships could issue temporary liquor permits for outdoor events and whether they could be overruled by county officials.
Greg Szemborski, president of North Central Wisconsin Antique Steam and Gas Engine Club, objected to a requirement of providing a list of names and addresses of all adjacent and opposite property owners within 2,640 feet (½ mile) of the parcel of property upon which the assembly is to be held.
“If the county wants to know who our neighbors are, all they have to do is consult a plat book,” he said. “I mean why should our club have to provide the county with all the neighbors.”
But the same exact provision exists in the current ordinance.
Szemborski also objected to the “Insurance and Indemnification” clause in issuing a permit to event organizers.
“Our club has to sign off and hold the county harmless from any actions of their agents and officers or servants,” he said. “That to me doesn’t make sense. Why do we as a club have to sign off on anything that Marathon County employees or people have to do?”
However, a similar clause exists in the existing ordinance: “The policy shall indemnify and hold harmless Marathon County or any of its agents, officers, servants and employees from any liability or causes of action arising out of the granting of this license.”
On Thursday, Director of the CPZ Department, Laurie Miskimins, made a brief presentation on the updated ordinance. On the crowd size, she clarified that the ordinance will be applicable to any event that is attended by at least 3,000 or more people at any point of time during the event.
In her presentation, she said the ordinance aims to regulate the assembly of large numbers of individuals in excess of those who regularly occupy the event location to minimize adverse impacts to surrounding properties and uses.
She also outlined an existing provision of regulating a large assembly of individuals in excess of those who would normally be requiring the services of the health, sanitary, fire, police, transportation and utility agencies which are regularly provided in the county.”
The objective of the regulations is to “protect the people and resources of Marathon County,” the presentation said.
Corporation Counsel Michael Puerner said the thrust of the updated provisions is on public safety, so it is a public safety ordinance and not a zoning ordinance.
With the committees requesting more time to review the updated provision, the original timeline of approving it by next month now looks uncertain.
