ORDINANCE 983

PUBLIC MARKET

THE CITY COUNCIL OF THE CITY OF LAKE MILLS, JEFFERSON COUNTY, WISCONSIN, DOES ORDAIN AS FOLLOWS:

            Section 1.  Chapter 4 of Title 3, Public Market, is repealed and recreated as follows: 

CHAPTER 4

PUBLIC MARKET

SECTION:

3-4-1:        Establishment

3-4-2:        Location

3-4-3:        Times of Public Market

3-4-4:        Items Prohibited from Sale or Distribution

3-4-5:        No Waiver of Park Rules Permitted

3-4-6:        Permit Application

3-4-7:        Laws and Regulations Applicable

3-4-8:        Utility Use

3-4-9:        Cleanliness and Supervision

3-4-10:        Non-Exclusivity and No Vested Right to Permit

3-4-11:        Enforcement

3-4-12:        Permit Fee   

3-4-1:        PUBLIC MARKET ESTABLISHMENT:   There is hereby established a public market in the downtown Commons Park.  Said public market is established for the purpose of allowing the Lake Mills Chamber of Commerce (Chamber) to administer public market events under an annual permit to be issued by the Parks and Forestry Director, which shall incorporate by reference the conditions as set forth in this Chapter and any other written conditions of such permit as are deemed necessary by the City Council when granting the permit.

        3-4-2:        LOCATION OF PUBLIC MARKET:  The boundaries of said public market place may include that area bounded by the sidewalks adjacent to Main, East Lake, and East Madison Streets, and such boundaries may extend no further east along East Lake Street and East Madison Street than the sidewalk traversing the park at Ford Court and Mulberry Street. 

        A.    No items for sale or distribution may be displayed on or otherwise encroach upon any sidewalk within or     adjacent to the park.

        B.    No items may be displayed or sold on the Franklin Else Memorial Band Shelter or within fifty feet of the     band shelter.

        C.    No items may be displayed or sold from any vehicle parked in or adjacent to the park, unless specific     provision with written conditions are made part of the conditions of any permit approved by the Council.

        D.    No parking stalls within the public right-of-way adjacent to the park may be included within the boundaries of     the public market, unless specifically approved in the annual permit and such approval shall be explicit and     detailed in writing on the permit.

3-4-3:        TIMES OF PUBLIC MARKET:  The public market may be held at the Chambers discretion on Wednesdays during the months of April through October between the hours of noon and 8:00 p.m., and at other times and days as may be authorized in the annual permit approved by the Council.       

        3-4-4:        ITEMS PROHIBITED FROM SALE OR DISTRIBUTION:  The following items may not be offered for sale or distribution at the public market:

        A.    Live animals of any species.

        B.    Tobacco products, liquor, or fermented malt beverages.

        C.    Any drugs or drug paraphernalia, medical supplies or equipment, or medications.

        D.    Firearms, ammunition, fireworks or explosive devices.

        E.    Any other items specifically prohibited under a permit issued under this Chapter.

        3-4-5:        NO WAIVER OF PARK RULES PERMITTED:  All orce and effect and may not be waived by any permit issued under this lowing information shall be included in any application for an annual permit, and such permit may remain in effect between April 1 until October 31 of the year in which granted. 

        A.    The name, address and telephone number of the contact person who has the authority to manage and     administer the public market under the permit.

        B.    Any guidelines, rules or registration forms that are intended for application to individual vendors participating     in the public market under the permit.

        C.    The hours and days of operation proposed for the public market to be administered by the Chamber.

        D.    Any formal requests for areas of the right-of-way to be utilized by the public market, and reasons for those     requests.

        E.    Any other information the applicant believes would be relevant when the application is reviewed by the     Council.

3-4-7:        LAWS AND REGULATIONS APPLICABLE:  No permit issued under this Chapter shall relieve the Chamber or any individual vendor participating in the public market from responsibility for following all applicable laws and regulations, whether they be federal, state or local.

        3-4-8:        UTILITY USE:  No use of utilities, to include water and electric, may be made by the Chamber in administering the public market or by any individual vendor participating in the public market.  Exceptions may be made to this requirement if expressly authorized by the Council and if made part of the written conditions of the permit. 

        3-4-9:        CLEANLINESS AND SUPERVISION:  The grounds within Commons Park shall be left in the same condition as it was in when each public market event commenced.  All litter or refuse of any kind shall be placed in appropriate receptacles prior to the Chamber officially closing each public market event.  The person authorized by the Chamber shall remain present throughout each public market event to supervise conduct within the market and to keep order, and if assistance is needed by authorities, to seek such assistance immediately.

        3-4-10:        NON-EXCLUSIVITY AND NO VESTED RIGHT TO PERMIT:  Nothing in this Chapter may be construed to limit the Council from amending or repealing this Chapter or from approving permits for similar events at other locations within the park during the public market or at other times besides the times established for the public market.  Nothing in this Chapter may preclude the Council from granting individual Vendor permits to sell or display items in the Commons Park.  The Council may seek at any time to limit the size of the public market through action to either amend this Chapter or to modify the permit issued under this Chapter. 

3-4-11:        ENFORCEMENT:  If non-compliance with the conditions of the permit or this Chapter is found to exist, a notice of noncompliance shall be provided to the person who is listed under section 3-4-6-A, and a meeting with the City Manager shall be held within 10 days of the issuance of said notice to determine compliance.  If non-compliance is not corrected, then a notice and hearing before the City Council shall be held to determine whether the permit shall be suspended, revoked or non-renewed.         

        3-4-12:        PERMIT FEE:  A permit fee of $100 may be charged for the annual permit, or it may be waived at the time the permit is granted.

Section 2.  This ordinance was sponsored by Council member Wayne Magnussen.

Section 3.  All ordinances or parts of ordinances inconsistent with or contravening the provisions of this ordinance are hereby repealed.

Section 4.  This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

    Adopted this ________ day of ________________, 2006.

                                ___________________________________

                                Ed Grunden, Council President

Attest:

___________________________________

James E. Heilman, City Clerk