The Council of New Haven finds and declares
that the interests of the public health, safety and welfare of the
citizens of New Haven 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 Village.
As used in this chapter, the following terms
shall have the meanings indicated:
ATTENDANT
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.
LICENSEE
Any person to whom a license is issued pursuant to this chapter.
OUTDOOR ASSEMBLY
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:
A.
An event which is conducted or sponsored by
a governmental unit or agency on publicly owned land or property;
or
B.
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, 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, MCLA § 206.201;
or
C.
An event held entirely within the confines of
a permanently enclosed and covered structure.
PERSON
Any natural person, partnership, corporation, association
or organization.
SPONSOR
Any person who organizes, promotes, conducts, or causes to
be conducted an outdoor assembly.
A person shall not sponsor, operate, maintain,
conduct or promote an outdoor assembly in New Haven unless he shall
have first made application for, and obtained, as hereinafter prescribed,
a license for each such assembly.
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 Village and shall be made at least
60 days prior to date of the proposed assembly. Each application shall
be accompanied by a nonrefundable fee of $100 and shall include at
least the following:
A. The name, age, residence and mailing address of the
person making the application. (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.
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.
On receipt by the Clerk, copies of the application
shall be forwarded to the chief law enforcement and health officers
for the Village, 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 Council.
Within 30 days of the filing of the application,
the Council shall issue, set conditions prerequisite to the issuance
of, or deny, a license. The Council may require that adequate security
or insurance be provided before a license is issued. 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.
A license may be denied if:
A. 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
B. The applicant has knowingly made a false, misleading
or fraudulent statement in the application or in any supporting document.
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. It shall be
posted in a conspicuous place upon the premises of the assembly, and
shall not be transferred to any other person or location.
In processing an application, the Council 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 Village, 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 294, Public Acts of 1965, 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
Village health officer.
C. Rest room facilities.
(1) The licensee shall provide separate enclosed flush-type
water closets as defined in Act 266, Public Acts of 1929, 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 Village health officer
may permit the use of other facilities which are in compliance with
Act 273, Public Acts of 1939, and the rules and regulations adopted pursuant thereto,
and in accordance with any other applicable state or local law.
(2) The licensee shall provide lavatory and drinking water
facilities constructed, installed, and maintained in accordance with
Act 266 of the Public Acts of 1929, 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) 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) Where the assembly is to continue for more than 12
hours, the license 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) 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 Village health
officer.
D. Food service.
(1) 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 269, Public Acts of 1968, and the rules and regulations adopted pursuant thereto,
and in accordance with any other applicable state or local law.
(2) 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.
E. 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 Village health officer.
F. Liquid waste disposal. The licensee shall provide
for liquid waste disposal in accordance with all rules and regulations
pertaining thereto established by the Village 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." If liquid waste retention and disposal is
dependent upon pumpers and haulers, they shall be licensed in accordance
with Act 243, Public Acts of 1951, and the rules and regulation adopted pursuant thereto,
and in accordance with any other applicable state or local law, and,
prior to issuance of any license, the licensee shall provide the Village
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.
G. Solid waste disposal.
(1) The licensee shall provide for solid waste storage
on, and removal from, the premises. Storage shall be in approved,
covered, flytight and rodentproof containers, provided in sufficient
quantity to accommodate the number of attendants. Prior to issuance
of any license, the licensee shall provide the Village 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.
(2) 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.
H. Public bathing beaches. The licensee shall provide
or make available or accessible public bathing beaches only in accordance
with Act 218, Public Acts of 1967, and the rules and regulations adopted pursuant thereto,
and in accordance with any other applicable provision of state or
local law.
I. Public swimming pools. The licensee shall provide
or make available public swimming pools only in accordance with Act
230, Public Acts of 1966, and the rules and regulations adopted pursuant thereto,
and in accordance with any other applicable provision of state or
local law.
J. Access and traffic control. The licensee shall provide
for ingress to and egress from the premises so as to ensure 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 facilities
in accordance with Act 171, Public Acts of 1970, and the rules and
regulations adopted pursuant thereto, and in accordance with any other
applicable provision by state or local law. While Act 171 does not
become effective until January 1, 1971, for purposes of this chapter,
its provisions shall be effective and applicable upon the adoption
of said chapter.
M. Illumination. The licensee shall provide electrical
illumination of all occupied areas sufficient to ensure the safety
and comfort of all attendants. The licensee's lighting plan shall
be approved by the Electrical Inspector.
N. Insurance. Before the issuance of a license, the licensee
shall obtain public liability insurance with limits of not less than
$100,000/$300,000 and property damage insurance with a limit of not
less than $25,000 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 New Haven in writing at least 10 days before
the expiration or cancellation of the policy.
O. Bonding. 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 $10,000, $50,000,
$100,000, in a form to be approved by the Village 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 Village, its agents, officers,
and employees and the Council 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.
P. Fire protection. The licensee shall, at his own expense,
take adequate steps as determined by the State Fire Marshal, to ensure
fire protection.
Q. 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 New Haven.
R. 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.
S. Communications. The licensee shall provide public
telephone equipment for general use on the basis of at least one unit
for each 1,000 attendants.
T. Miscellaneous. Prior to the issuance of a license,
the Council may impose any other conditions reasonably calculated
to protect the health, safety, welfare and property of attendants
or of citizens of the Village.
The Council may revoke a license whenever the
licensee, his employee or agent fails, neglects or refuses to fully
comply with any and all provisions, regulations ordinances, statutes,
or other laws incorporated herein by reference.