ORDINANCE NO. 3144 BY: Ald. Marshall AN ORDINANCE TO REPEAL AND RECREATE SECTION 7.160 AND TO CREATE SECTIONS 7.161 THROUGH 7.164 OF THE MUNICIPAL CODE RELATING TO SPECIAL EVENTS NOW, THEREFORE, the Mayor and Common Council of the City of Oak Creek, Wisconsin, do hereby ordain as follows: Section 1: Section 7.160 of the Municipal Code is hereby repealed and recreated to read as follows: SPECIAL EVENTS SEC. 7.160 PURPOSE. The City of Oak Creek recognizes the role of special events in enhancing community life. To ensure fairness, efficient use of resources, and successful event planning, the City commits staff time to reviewing applications and assisting applicants as needed. City staff review applications to ensure compliance with public safety requirements. The review process is intended to address issues related to traffic, parking, health, safety, fire risks, public order, sanitation, anticipated strain on emergency services, and any other concerns related to public welfare and potential impact on City resources. More details can be found in the Special Event Guidelines ("Guidelines") available at City Hall. Section 2: Section 7.161 of the Municipal Code is created to read as follows: SEC. 7.161 DEFINITIONS. The following definitions shall be applicable to Special Events: (a) "Special Event" means a temporary gathering of people, other than a City Sponsored Event, that involves at least one of the circumstances listed below: (1) exclusive use of all or a portion of City Property for an activity that is otherwise not specially allowed; (2) closing of a public street, alley, or public right of way, including block parties; (3) temporary installation or construction of structures, including but not limited to tents, but excluding events held solely on residential property; (4) City Municipal Code and/or Guidelines may require City public safety support; (5) Extraordinary Services are required by any City Department; (6) event hours extend beyond those allowed under City Municipal Code; or, (7) alcohol, refrigerated food, and/or other merchandise will be offered for sale and for which a state or local license is required. (8) Examples of Special Events may include, but are not limited to: activities such as runs, walks, bicycle and road races; competitions and athletic events; music, theater, film performances, and concerts; carnivals; antique, vehicle and equipment shows; cultural and art fairs; services, classes, meetings, and parties that involve at least one of the circumstances in subsection (a)(1)-(7) above. (b) "Applicant" means any person or entity that submits a Special Event permit application for themselves or on behalf of another person or entity. (1) Applicant excludes persons or entities that solely advertise or promote a Special Event as part of an agreement or contract for advertising services. (2) Applicant excludes persons or entities that provide sponsorship through the provision of money, goods or services, whether in exchange for advertising or not, for a Special Event with a separately identified person or entity. (c) "Block Party" means a temporary gathering of residents from one neighborhood, which requires street closure(s) minimally impacting normal traffic patterns and for which a Special Event application fee is not required. (d) "City Sponsored Event" means a temporary gathering of people organized primarily by the City. (e) "City Property" includes all municipal athletic fields, beaches, boating and docking facilities, buildings, complexes, parking lots, parks, streets and other rights of way, and any other property owned, leased or controlled by the City of Oak Creek. (f) "Extraordinary Services" means reasonable and necessary services provided by the City which specifically result from holding the Special Event. (1) Extraordinary services result in measurable financial costs which are above and beyond the typical levels of public health and safety services provided on a non-Special Event day. (2) Extraordinary services generally consist of those services which require City employees to be specifically assigned to tasks in support of the Special Event and/or those services which result in overtime pay or similar costs which result from the event. (g) "Special Event Guidelines" means the supplemental information provided to Applicants regarding anticipated issues to address and additional supporting material to provide, if necessary, to complete a Special Event permit application. (h) "Special Event Permit" means the grant of a permit to hold a Special Event with accompanying conditions for its issuance. Section 3: Section 7.162 of the Municipal Code is created to read as follows: SEC. 7.162 APPLICATION. (a) Any person or entity that is an Applicant for a Special Event within the City of Oak Creek shall obtain a Special Event permit prior to holding the Special Event. (b) A complete Special Event permit application shall be submitted to the Office of the City Clerk no fewer than 60 days prior to the Special Event and include the non-refundable application fee. Section 4: Section 7.163 of the Municipal Code is created to read as follows: SEC. 7.163 REVIEW. (a) Upon receipt of a Special Event permit application, pertinent City departments shall be provided with a copy for review to make recommendations as may be required for the Special Event. (b) The Common Council may grant or refuse to grant the issuance of a Special Event permit if it is determined, pursuant to the review above, that: (1) The Special Event permit application contains any material omission or materially inaccurate statement; (2) The Applicant has previously held a Special Event without the necessary permit(s) or violated a term(s) under which that permit(s) was issued; (3) A Special Event permit application has been previously received and/or granted issuance for a similar time, location, or utilization of Extraordinary Services, such that granting issuance of another such permit would adversely affect the health, safety, and welfare of the community; (4) The proposed Special Event conflicts with previously planned and/or scheduled events or programs organized by an Applicant on behalf of the City; (5) The proposed Special Event cannot meet necessary health, safety, and/or sanitary requirements per City Municipal Code, state regulation, or other applicable regulations; (6) Any assessments, forfeitures, financial claims, or taxes of the City are delinquent and unpaid by the Applicant; (7) The Applicant failed to submit a complete Special Event permit application and/or pay the accompanying fee. (c) The City's review of any Special Event permit application and/or the Common Council's subsequent grant of issuance of a Special Event permit shall not be construed as acceptance by the City or its representatives of any liability or responsibility for any injury or damage relating to the Special Event. Special Event permits are temporary in nature, and do not vest any permanent rights. Section 5: Section 7.164 of the Municipal Code is created to read as follows: SEC. 7.164 REGULATIONS. (a) A Special Event permit may include extended hours of operation until midnight on Friday, Saturday, or on an observed holiday or holiday weekend, except that any music provided shall conclude by 10:00 p.m. Monday through Thursday and by 11:00 p.m. on Friday, Saturday, or on an observed holiday or holiday weekend. This provision does not apply to any other Milwaukee County or City park regulations. (b) Failure to comply with the conditions of issuance for a Special Event permit may result in enforcement under the City Municipal Code, which includes penalties of issuance of a citation(s), payment of a forfeiture(s), and any other remedies afforded the City by applicable law. Section 6: If any section, clause, provision, or any portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby. Section 7: All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed. Section 8: This ordinance shall be in force and take effect from and after its passage and publication. Introduced this 16th day of December, 2025. Passed and adopted this 16th day of December, 2025. /s/ Kenneth President, Common Council Approved this 16th day of December, 2025. /s/ Daniel J. Bukiewicz Mayor Attest: /s/ Catherine A. Roeske City Clerk Vote: Ayes 6 Noes 0 WNAXLP December 24 2025 LWIX0427018