[HISTORY: Adopted by the Board of Trustees of the Charter Township
of East China 11-18-1980 by Ord. No. 117
as Ch. 3-02 of the 1980 Code. Amendments noted where applicable.]
The Board of East China Charter Township finds and declares that the
interests of the public health, safety and welfare of the citizens of East
China Charter Township require the regulation, licensing and control of assemblages
of large numbers of people in excess of those normally drawing upon the health,
sanitation, fire, police, transportation, utility and other public services
regularly provided in this Township.
As used in this chapter, the following terms shall have the meanings
indicated:
See the definition of “outdoor assembly.”
Any person who obtains admission to an outdoor assembly by the payment
of money or by the rendering of services in lieu of the payment of money for
admission.
Any person to whom a license is issued pursuant to this chapter.
Hereinafter referred to as “assembly,” means any event,
attended by more than 5,000 attendants, all or any part of which includes
a theatrical exhibition, public show, display, entertainment, amusement or
other exhibition, including, but not limited to, musical festivals, rock festivals,
peace festivals or similar gatherings, but does not mean:
An event which is conducted or sponsored by a governmental unit or agency
on publicly owned land or property; or
An event which is conducted or sponsored by an entity qualifying for
tax exempt status under Section 501(c)(3) of the Internal Revenue Code of
1954, being 26 U.S.C. § 501(c)(3), as incorporated by reference
in Section 201 of the Michigan Income Tax Act of 1967, Act 281 of the Public
Acts of 1967, being MCLA § 206.201 of the Compiled Laws of 1948;
or
An event held entirely within the confines of a permanently enclosed
and covered structure.
Any natural person, partnership, corporation, association or organization.
Any person who organizes, promotes, conducts, or causes to be conducted
an outdoor assembly.
A.
Requirement established. A person shall not sponsor,
operate, maintain, conduct or promote an outdoor assembly in East China Charter
Township unless he shall have first made application for, and obtained, as
hereinafter prescribed, a license for each such assembly.
B.
Application. Application for a license to conduct an
outdoor assembly must be made in writing on such forms and in such manner
as prescribed by the Clerk of the Township and shall be made at least 60 days
prior to date of the proposed assembly. Each application shall include at
least the following:
(1)
Information.
(a)
The name, age, residence and mailing address the person
making the application.
[1]
Where the person making the application is a partnership,
corporation or other association, this information shall be provided for all
partners, officers and directors, or members.
[2]
Where the person is a corporation, a copy of the articles
of incorporation shall be filed, and the names and addresses shall be provided
of all shareholders having financial interest greater than $500.
(b)
A statement of the kind, character, and type of proposed
assembly.
(c)
The address, legal description and proof of ownership
of the site at which the proposed assembly is to be conducted. Where ownership
is not vested in the prospective licensee, he shall submit an affidavit from
the owner indicating his consent to the use of the site for the proposed assembly.
(d)
The date or dates and hours during which the proposed
assembly is to be conducted.
(e)
An estimate of the maximum number of attendants expected
at the assembly for each day it is conducted and a detailed explanation of
the evidence of admission which will be used and of the sequential numbering
or other method which will be used for accounting purposes.
(2)
Explanation of plans. Each application shall be accompanied
by a detailed explanation, including drawings and diagrams where applicable,
of the prospective licensee's plans to provide for the following:
(a)
Police and fire protection;
(b)
Food and water supply and facilities;
(c)
Health and sanitation facilities;
(d)
Medical facilities and services, including agency vehicles
and equipment;
(e)
Vehicle access and parking facilities;
(f)
Camping and trailer facilities;
(g)
Illumination facilities;
(h)
Communications facilities;
(i)
Noise control and abatement;
(j)
Facilities for clean up and waste disposal;
(k)
Insurance and bonding arrangements.
(3)
Site maps. In addition, the application shall be accompanied
by a map or maps of the overall site of the proposed assembly.
D.
Evidence of insurance. Before the issuance of a license,
the licensee shall obtain public liability insurance with limits of not less
than $100,000 and property damage insurance with a limit of not less than
$50,000 from a company or companies approved by the Commissioner of Insurance
of the State of Michigan, which insurance shall insure liability for death
or injury to persons or damage to property which may result from the conduct
of the assembly or conduct incident thereto and which insurance shall remain
in full force and effect in the specified amounts for the duration of the
license. The evidence of insurance shall include an endorsement to the effect
that the insurance company shall notify the Clerk of East China Charter Township
in writing at least 10 days before the expiration or cancellation of said
insurance.
E.
Surety bonds. Before the issuance of a license, the licensee
shall obtain, from a corporate bonding company authorized to do business in
Michigan, a corporate surety bond in the amount of $100,000 in a form to be
approved by the Township Attorney, conditioned upon the licensee's faithful
compliance with all of the terms and provisions of this chapter and all applicable
provisions of state or local law, and which shall indemnify the Township,
its agents, officers, and employees and the Township Board against any and
all loss, injury or damage whatever arising out of or in any way connected
with the assembly and which shall indemnify the owners of property adjoining
the assembly site for any costs attributable to cleaning up and/or removing
debris, trash or other waste resultant from the assembly.
F.
Investigation and recommendations. On receipt by the
Clerk, copies of the application shall be forwarded to the chief law enforcement
and health officers for the County of St. Clair, the State Fire Marshal, and
to such other appropriate public officials as the Clerk deems necessary. Such
officers and officials shall review and investigate matters relevant to the
application and within 20 days of receipt thereof shall report their findings
and recommendations to the Township Board.
G.
Township Board action. Within 30 days of the filing of
the application, the Township Board shall issue, set conditions prerequisite
to the issuance of, or deny a license.
(1)
Adequate security of insurance. The Township Board may
require that adequate security or insurance be provided before a license is
issued.
(2)
Other conditions. Prior to the issuance of a license,
the Township Board may impose any other condition(s) reasonably calculated
to protect the health, safety, welfare and property of attendants or of citizens
of the Township.
(3)
Notice of conditions or denial. Where conditions are
imposed as prerequisite to the issuance of a license, or where a license is
denied, within five days of such action, notice thereof must be mailed to
the applicant by certified mail, and, in the case of denial, the reasons therefor
shall be stated in the notice.
H.
Grounds for denial. A license may be denied if:
(1)
Failure to comply. The applicant fails to comply with
any or all requirements of this chapter, or with any or all conditions imposed
pursuant hereto, or with any other applicable provision of state or local
law; or
(2)
False statements. The applicant has knowingly made a
false, misleading or fraudulent statement in the application or in any supporting
document.
I.
Content. A license shall specify the name and address
of the licensee, the kind and location of the assembly, the maximum number
of attendants permissible, the duration of the license and any other conditions
imposed pursuant to this chapter.
J.
Display. It shall be posted in a conspicuous place upon
the premises of the assembly.
K.
Nontransferable. It shall not be transferred to any other
person or location.
L.
Revocation. The Township Board may revoke a license whenever
the licensee, his employee or agent fails, neglects or refuses to fully comply
with any and all provisions and requirements set forth herein or with any
and all provisions, regulations, provisions of this Code of Ordinances, statutes,
or other laws incorporated herein by reference.
In processing an application, the Township Board shall, at a minimum,
require the following:
A.
Security personnel. The licensee shall employ at his
own expense such security personnel as are necessary and sufficient to provide
for the adequate security and protection of the maximum number of attendants
at the assembly and for the preservation of order and protection of property
in and around the site of the assembly. No license shall be issued unless
the chief law enforcement officer for the County of St. Clair in cooperation
with the Director of State Police is satisfied that such necessary and sufficient
security personnel will be provided by the licensee for the duration of the
assembly.
B.
Water facilities. The licensee shall provide potable
water, sufficient in quantity and pressure to assure proper operation of all
water-using facilities under conditions of peak demand. Such water shall be
supplied from a public water system, if available, and if not available, then
from a source constructed, located, and approved in accordance with Act 368,
Public Acts of 1978 (MCLA § 333.1101 et seq.), and the rules and
regulations adopted pursuant thereto, and in accordance with any other applicable
state or local law, or from a source and delivered and stored in a manner
approved by the St. Clair County Health Officer.[1]
C.
Rest room facilities.
(1)
Water closets. The licensee shall provide separate enclosed
flush-type water closets as defined in Act 733, Public Acts of 2002 (MCLA
§ 338.3511 et seq.), and the rules and regulations adopted pursuant
thereto and in accordance with any other applicable state or local law. If
such flush-type facilities are not available, the County Health Officer may
permit the use of other facilities which are in compliance with Act 368, Public
Acts of 1978 (MCLA § 333.1101 et seq.), and the rules and regulations
adopted pursuant thereto, and in accordance with any other applicable state
or local law.[2]
(2)
Lavatory and drinking water. The licensee shall provide
lavatory and drinking water facilities constructed, installed, and maintained
in accordance with Act 733, Public Acts of 2002 (MCLA § 338.3511
et seq.), and the rules and regulations adopted pursuant thereto, and in accordance
with any other applicable state or local law. All lavatories shall be provided
with hot and cold water and soap and paper towels.[3]
(3)
Number and type. The number and type of facilities required
shall be determined, on the basis of the number of attendants, in the following
manner:
|
Facilities
|
Male
|
Female
| |
|---|---|---|---|
|
Toilets
|
1:300
|
1:200
| |
|
Urinals
|
1:100
| ||
|
Lavatories
|
1:200
|
1:200
| |
|
Drinking fountains
|
1:500
|
1:500
| |
|
Taps or faucets
|
1:500
|
1:500
|
(4)
Showers. Where the assembly is to continue for more than
12 hours, the licensee shall provide shower facilities, on the basis of the
number of attendants, in the following manner:
|
Facilities
|
Male
|
Female
| |
|
Shower heads
|
1:100
|
1:100
|
(5)
Maintenance. All facilities shall be installed,
connected, and maintained free from obstructions, leaks and defects and shall
at all times be in operable condition as determined by the County Health Officer.
D.
Liquid waste disposal. The licensee shall provide for
liquid waste disposal in accordance with all rules and regulations pertaining
thereto established by the County Health Officer. If such rules and regulations
are not available or if they are inadequate, then liquid waste disposal shall
be in accordance with the United States Public Health Service Publication
No. 526, entitled “Manual of Septic Tank Practice.”
(1)
Pumpers and haulers licensed. If liquid waste retention
and disposal is dependent upon pumpers and haulers, they shall be licensed
in accordance with Act 451, Public Acts of 1994 (MCLA § 324.11701
et seq.), and the rules and regulations adopted pursuant thereto, and in accordance
with any other applicable state or local law; and[4]
(2)
Executed agreement for removal. Prior to issuance of
any license, the licensee shall provide the County Health Officer with a true
copy of an executed agreement in force and effect with a licensed pumper or
hauler, which agreement will assure proper, effective and frequent removal
of liquid waste from the premises so as to neither create nor cause a nuisance
or menace to the public health.
E.
Solid waste disposal. The licensee shall provide for
solid waste storage on, and removal from, the premises.
(1)
Storage containers. Storage shall be in approved, covered,
fly-tight and rodent-proof containers, provided in sufficient quantity to
accommodate the number of attendants.
(2)
Executed agreement for removal. Prior to issuance of
any license, the licensee shall provide the County Health Officer with a true
copy of an executed agreement in force and effect with a licensed refuse collector,
which agreement will assure proper, effective and frequent removal of solid
waste from the premises so as to neither create nor cause a nuisance or menace
to the public health.
(3)
Vermin control. The licensee shall implement effective
control measures to minimize the presence of rodents, flies, roaches and other
vermin on the premises. Poisonous materials, such as insecticides or rodenticides,
shall not be used in any way so as to contaminate food, equipment, or otherwise
constitute a hazard to the public health. Solid waste containing food waste
shall be stored so as to be inaccessible to vermin. The premises shall be
kept in such condition as to prevent the harborage or feeding of vermin.
F.
Food service.
(1)
Licensed concessions. If food service is made available
on the premises, it shall be delivered only through concessions licensed and
operated in accordance with the provisions of Act 368, Public Acts of 1978
(MCLA § 333.1101 et seq.), and the rules and regulations adopted
pursuant thereto, and in accordance with any other applicable state or local
law.[5]
(2)
Adequate availability. If the assembly is distant from
food service establishments open to the public, the licensee shall make such
food services available on the premises as will adequately feed the attendants.
G.
Medical facilities. If the assembly is not readily and
quickly accessible to adequate existing medical facilities, the licensee shall
be required to provide such facilities on the premises of the assembly. The
kind, location, staff strength, medical and other supplies and equipment of
such facilities shall be as prescribed by the County Health Officer.
H.
Public bathing beaches. The licensee shall provide or
make available or accessible public bathing beaches only in accordance with
Act 368, Public Acts of 1978 (MCLA § 333.1101 et seq.), and the
rules and regulations adopted pursuant thereto, and in accordance with any
other applicable provision of state or local law.[6]
I.
Public swimming pools. The licensee shall provide or
make available public swimming pools only in accordance with Act 368, Public
Acts of 1978 (MCLA § 333.1101 et seq.), and the rules and regulations
adopted pursuant thereto, and in accordance with any other applicable provision
of state or local law.[7]
J.
Access and traffic control. The licensee shall provide
for ingress to and egress from the premises so as to insure the orderly flow
of traffic onto and off of the premises. Access to the premises shall be from
a highway or road which is a part of the county system of highways or which
is a highway maintained by the State of Michigan. Traffic lanes and other
space shall be provided, designated and kept open for access by ambulance,
fire equipment, helicopter and other emergency vehicles. Prior to the issuance
of a license, the Director of the Department of State Police and the Director
of the Department of State Highways must approve the licensee's plan
for access and traffic control.
K.
Parking. The licensee shall provide a parking area sufficient
to accommodate all motor vehicles, but in no case shall he provide less than
one automobile space for every four attendants.
L.
Camping and trailer parking. A licensee who permits attendants
to remain on the premises between the hours of 2:00 a.m. and 6:00 a.m. shall
provide for camping and trailer parking and facilities in accordance with
Act 368, Public Acts of 1978 (MCLA § 333.1101 et seq.), MSA 14.447
(121 et. seq.), as amended, and the rules and regulations adopted pursuant
thereto, and in accordance with any other applicable provision by state or
local law.[8]
M.
Illumination. The licensee shall provide electrical illumination
of all occupied areas sufficient to insure the safety and comfort of all attendants.
The licensee's lighting plan shall be approved by the Township.
N.
Fire protection. The licensee shall, at his own expense,
take adequate steps as determined by the State Fire Marshal to insure fire
protection.
O.
Fencing. The licensee shall erect a fence completely
enclosing the site, of sufficient height and strength as will preclude persons
in excess of the maximum permissible attendants from gaining access and which
will have sufficient gates properly located so as to provide ready and safe
ingress and egress.
P.
Public telephones. The licensee shall provide public
telephone equipment for general use on the basis of at least one unit for
each 1,000 attendants.
Q.
Sound equipment. Sound-producing equipment, including
but not limited to public address systems, radios, phonographs, musical instruments
and other recording devices, shall not be operated on the premises of the
assembly so as to be unreasonably loud or raucous, or so as to be a nuisance
or disturbance to the peace and tranquility of the citizens of the Charter
Township of East China.
A.
Enumerated. It shall be unlawful for a licensee, his
employee, or agent to knowingly:
(1)
Advertise, promote or sell tickets to, conduct, or operate
an assembly without first obtaining a license as herein provided;
(2)
Conduct or operate an assembly in such a manner as to
create a public or private nuisance;
(3)
Conduct or permit, within the assembly, any obscene display,
exhibition, show, play, entertainment or amusement;
(4)
Permit any person on the premises to cause or create
a disturbance in, around, or near the assembly by obscene or disorderly conduct;
(5)
Permit any person to unlawfully consume, sell, or possess,
intoxicating liquor while on the premises;
B.
Injunctive relief. Any of the above-enumerated violations
is a separate offense, is a nuisance per se immediately enjoinable in the
circuit courts.
C.
Basis for revocation and enjoinment. It is further provided
that any of the above violations is a sufficient basis for revocation of the
license and for the immediate enjoining in the circuit court of the assembly.
