[HISTORY: Adopted by the Township Board of the Township of
Putnam 2-21-2007 by Ord. No. 38 (Ch. 11 of the 2004 Township Code).
Amendments noted where applicable.]
The purpose of this chapter is to ensure the health, safety,
and welfare of the event participants and general public during a
planned outdoor event or gathering of large number of people and to
ensure that the proper regulation, licensing, and control of the outdoor
events occur. This chapter is also intended to provide for the proper
health, sanitation, fire, police, transportation, utility and public
services for such gatherings.
The following terms are defined in this chapter:
[Amended 5-19-2021 by Ord. No. 71]
Any gathering or event promoted to the public which is attended,
or anticipated to be attended, by more than 500 people, or, regardless
of the number in attendance, is anticipated to impede the flow of
traffic within the Township limits by reason of the volume of vehicles
or inadequate on-site parking for attendees. The definition shall
include, but is not limited to: social service events, entertainment
events, and rallies.
The definition shall not include:
A gathering or event which is conducted or sponsored by a governmental
unit or agency on publicly owned land or property; or
A gathering or event held entirely within the confines of a
permanently enclosed and covered structure i) in accordance with an
approved site plan and authorized land use approved by the Township,
and ii) lawfully constructed to hold such events, which includes sufficient
on-site parking for attendees.
Any person to whom a permit is issued pursuant to this chapter.
Any natural person, partnership, corporation, firm, company,
association, society, group or organization.
Any person who organizes, promotes, conducts, or causes to
be conducted an outdoor assembly.
Putnam Township.
A.
Permit required. A person shall not sponsor, operate, maintain, conduct,
or promote an outdoor assembly in the Township unless he shall have
first made application for and obtained, as hereinafter prescribed,
a permit for each such assembly.
B.
Application. Application for a permit to conduct an outdoor assembly
must be made in writing by a sponsor on such form and in such manner
as prescribed by Township and shall be made at least 60 days prior
to any public promotion of the proposed assembly and no less than
90 days prior to the date of the proposed assembly. Each application
shall be accompanied by a nonrefundable fee determined by resolution
of the Township Board and shall include at least the following:
[Amended 5-19-2021 by Ord. No. 71]
(1)
The name, age, residence and mailing address of all sponsors. If
different, the name, age, residence and mailing address of the property
owner of the site at which the assembly will be conducted.
(2)
Where any sponsor is a partnership, corporation or other association,
a copy of the articles of incorporation or partnership certificate.
The sponsor shall also file a list of all partners, officers, directors,
members or shareholders (shareholders who have a financial interest
greater than $500).
(3)
The name of the person designated by the applicant/sponsor who will
be at the proposed assembly and in charge of the assembly. This person
shall be authorized by the sponsor to receive notice of revocation
of the permit if applicable.
(4)
A statement of the kind, character and type of proposed assembly.
(5)
The address, legal description and proof of ownership of the site
at which the proposed assembly is to be conducted. If the sponsor
does not have ownership of the site for the assembly, the sponsor
shall submit an affidavit from the owner indicating his or her consent
to the use of the site for the proposed assembly.
(6)
The date or dates and hours during which the proposed assembly is
to be conducted.
(7)
An estimate of the maximum number of attendants expected at the assembly
for each day it is conducted.
(8)
A detailed explanation of how the sponsor will provide evidence of
admission and determine how many attendees will be at the assembly.
[Amended 3-17-2010 by Ord. No. 38-2]
C.
Application review by agencies. On receipt by the Township Clerk,
copies of the application shall be forwarded to the chief law enforcement
and health officers for Livingston County, the Fire Chief of the Township
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 Putnam
Township Board. If the Township does not receive a report of the findings
and recommendations from the chief health and law enforcement officers
of Livingston County or other public officials within 20 days after
the application is received by such officers or officials, they will
have waived their right to review and make recommendations regarding
the application.
[Amended 3-17-2010 by Ord. No. 38-2]
D.
Township Board consideration. Within 60 days of the filing of the application, the Putnam Township Board shall grant, grant with conditions or deny a permit. All requirements contained in Subsection E below shall be considered conditions of the permit. The Board may attach any other reasonable conditions, including but not limited to a limit on the hours of operation of the assembly and the maximum number of attendees of the assembly.
E.
Standards for review and conditions of approval. In processing an
application, the Board shall, at a minimum, require the following
as a condition to any permit that is granted:
(1)
Security personnel. The permittee shall provide at his own expense
such security personnel as determined by the Township to be 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 permit shall be issued unless the Chief Law Enforcement
Officer for Livingston County, or his or her designee, is satisfied
that such necessary and sufficient security personnel will be provided
by the permittee for the duration of the assembly. However, if no
response from the Chief Law Enforcement Officer for Livingston County
or his or her designee is received within 20 days after the application
is received by the Chief Law Enforcement Officer, the Chief Law Enforcement
Officer will have waived his or her right to review and make recommendation
regarding the security personnel.
(2)
Water facilities. The permittee shall provide potable water meeting
all federal, state, county and other local requirements for purity,
sufficient to provide drinking water for the maximum number of people
to be assembled, at the rate of at least one gallon per person per
day. At its sole discretion; the Township may impose any additional
or more stringent requirement for sufficient water facilities.
(3)
Toilet facilities.
[Amended 3-17-2010 by Ord. No. 38-2]
(a)
The permittee shall provide sufficient toilets of the type determined
adequate by the Township upon consultation with the Livingston County
Health Officer. However, at a minimum, the permittee shall provide
two toilets for the first 750 people in attendance and one toilet
for every 1,000 people in attendance over 750 people. The Township,
in its sole discretion, may increase the above minimum.
(b)
Of the number of toilets required by the Township, at least
one toilet shall be handicapped accessible; however, the Township,
in its sole discretion, may increase the above minimum of handicapped
accessible toilets.
(c)
All toilet facilities shall be equipped with sufficient toilet
paper, soap, water, and towels or dryers for peak use.
(4)
Operable condition. All facilities shall be installed, connected,
and maintained free from defects and shall at all times be in operable
condition as determined by the Livingston County Health Officer or
his or her designee. If no response from the Chief Health Officer
for Livingston County or his or her designee is received within 20
days after the application is received by the Chief Health Officer,
the Chief Health Officer will have waived his or her right to review
and make recommendation regarding the operable conditions of the facilities.
(5)
Food service. 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 Michigan law, and the rules and
regulations adopted pursuant thereto and in accordance with any other
applicable local law.
(6)
Medical facilities. If the assembly is not readily and quickly accessible
to adequate existing medical facilities, the permittee shall be requested
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 Chief Livingston
County Health Officer, or his or her designee. If no response from
the Chief Health Officer for Livingston County or his or her designee
is received within 20 days after the application is received by the
Chief Health Officer, the Chief Health Officer will have waived his
or her right to review and make recommendation regarding the medical
facilities.
(7)
Liquid waste disposal. The permittee shall provide for liquid waste
disposal in accordance with all rules and regulations pertaining thereto
established by the Livingston County Health Department and Michigan
law and local law. If liquid waste retention and disposal is dependent
upon pumpers and haulers, they shall be licensed in accordance with
the laws and regulations adopted thereto promulgated by the State
of Michigan, and in accordance with any other applicable local law.
Prior to issuance of any permit, the permittee shall provide the Township
and the Livingston County Health Officer with a true copy of an executed
agreement in force and effect with a licensed pumper or hauler, which
agreement shall assure proper, effective, and frequent removal of
liquid waste from the premises so as to neither create nor cause a
nuisance or a menace to the public health.
(8)
Solid waste disposal. The permittee shall provide for solid waste
storage on and removal from the premises. Storage shall be in approved,
covered, flytight and rodent-proof containers, provided in sufficient
quantity to accommodate the number of attendants. Prior to issuance
of any permit, the permittee shall provide the Township and the Chief
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.
(9)
Protection against public nuisances. The permittee 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 rodent poisons, 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.
(10)
Access and traffic control. The permittee shall provide for
ingress to and egress from the premises so as to ensure the orderly
flow of traffic onto and off 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 permit, the Chief Law
Enforcement Officer or his or her designee for Livingston County must
review the permittee's plan for access and traffic control. However,
if no response from the Chief Law Enforcement Officer for Livingston
County or his or her designee is received within 20 days after the
application is received by the Chief Law Enforcement Officer, the
Chief Law Enforcement Officer will have waived his or her right to
review and make recommendation regarding the access and traffic control.
(11)
Parking/shuttle service. The permittee shall provide a parking
area sufficient to accommodate all motor vehicles, but in no case
shall be provide less than one automobile space for every four attendants,
unless otherwise specifically authorized by the Township. In the event
that adequate parking is not available at the event site, then the
permittee must make available off-site parking space and also make
available a shuttle service to and from the event site.
(12)
Camping and trailer parking. A permittee 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 the applicable state and local laws and the rules
and regulations adopted pursuant thereto.
(13)
Illumination.
(a)
The permittee shall provide electrical illumination of all occupied
areas sufficient to ensure the safety and comfort of all attendants.
(b)
The Township shall approve the lighting plan after consultation
from the Chief Law Enforcement Officer of Livingston County or his
or her designee. However, if no response from the Chief Law Enforcement
Officer for Livingston County or his or her designee is received within
20 days after the application is received by the Chief Law Enforcement
Officer, the Chief Law Enforcement Officer will have waived his or
her right to review and make recommendation regarding the lighting
plan.
(14)
Insurance. Before the issuance of a permit, the permittee shall
obtain public liability insurance with limits of not less than $1,000,000
per occurrence and property damage insurance with a limit of not less
than $100,000 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 permit. The evidence of insurance
shall include an endorsement to the effect that the insurance company
shall notify the Clerk of the Township in writing at least 30 days
before the expiration or cancellation of said insurance. The Township
must be named as an additional insured on this policy.
[Amended 3-17-2010 by Ord. No. 38-2][1]
[1]
Editor's Note: This ordinance also repealed former Section
3E(15), Bonding, which immediately followed this subsection.
(15)
Fire protection. The permittee shall, at his own expense, take
adequate steps to ensure fire protection or make fire protection plans
with the Putnam Township Fire Department Fire Chief, Deputy Fire Chief
or designee.
[Amended 3-17-2010 by Ord. No. 38-2]
(16)
Sound-producing 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 Township and shall be in accordance with the
noise limits of Putnam Township, including but not limited to any
noise limits established by any Township ordinance.[2]
(17)
Fencing. Unless waived by the Township, the permittee shall
erect a fence or other barrier completely enclosing the site, of sufficient
height and strength to preclude persons in excess of the maximum of
permissible attendants from gaining access to the assembly. Any such
fence shall have a sufficient number and properly located access points
to allow for safe ingress and egress. The Township Fire Chief shall
be consulted regarding access for emergency vehicles.
(18)
Duration. No outdoor assembly shall take place or continue between
the hours of 12:00 a.m. and 6:00 a.m.
(19)
Miscellaneous. Prior to the issuance of a permit, the Board
may impose any other conditions reasonably calculated to protect the
health, safety, welfare, and property of attendants, or of citizens
of the Township.
F.
Notification. Within five business days after Township Board consideration,
notice of the Township Board's decision must be mailed by the Township
Clerk to the sponsor/applicant by certified mail, and in the case
of denial, the reasons therefor shall be stated in the notice.
G.
Denial. A permit may be denied if:
(1)
The applicant fails to provide all information required by this chapter;
(2)
The applicant did not demonstrate that the assembly would meet the
requirements of this chapter;
(3)
The applicant has knowingly made a false, misleading, or fraudulent
statement in the application or in any supporting document.
H.
Permit. A permit shall specify the name and address of the permittee,
the kind and location of the assembly, the maximum number of attendants
permissible, the duration of the permit 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.
The Board may revoke a permit whenever the permittee, his employee,
or agent fails, neglects, or refuses to fully comply with any and
all provisions and requirements set forth herein or any requirements
or conditions of the permit, or with any and all provisions, ordinances,
regulations, statutes, or other laws incorporated herein by reference.
It shall be unlawful for a permittee, his employee, or agent
to knowingly:
A.
Advertise, promote or sell tickets to, conduct, or operate an assembly
without first obtaining a permit as herein provided.
B.
Conduct or operate an assembly in such a manner as to create a public
or private nuisance.
C.
Conduct or permit, within the assembly, any exhibition, show, play,
entertainment, or amusement or other activity that is defined as obscene
under Michigan law, 1984 PA 343, MCLA § 752.362.
D.
Permit any person on the premises to cause or create a disturbance
in, around, or near the assembly by obscene, as defined by Michigan
law, 1984 PA 343, MCLA § 752.362 or disorderly conduct.
E.
Permit any person to unlawfully consume, sell, or possess intoxicating
liquor while on the premises unless the venue has a permit to do so
in the State of Michigan.
F.
Knowingly permit any person to unlawfully use, sell, or possess any
narcotics, narcotic drugs, drugs, or other substances as defined by
the laws of the State of Michigan.
G.
To violate any provisions of this chapter or any provision of federal,
state or local law.
A.
A person violating this chapter is responsible for a municipal civil infraction as set forth in Chapter 55. In addition, any violation of this chapter shall be considered a nuisance per se and shall be immediately enjoinable in circuit court.
B.
Any person or entity guilty of violating this chapter shall also
be subject to civil proceedings for damages and/or injunctive relief
by the Township or by any person or entity injured or damaged by such
violation. Commencement of any such proceedings shall not constitute
an election of remedies.
Nothing in this chapter shall be interpreted to conflict with
present or future state statutes on the same subject matter; conflicting
provisions of this chapter shall be abrogated to, but only to, the
extent of the conflict. Moreover, the provisions of this chapter shall
be construed, if possible, to be consistent with and in addition to
relevant state regulations and statutes. If any part of this chapter
is found to be invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision. Such finding shall not affect the validity
of the remaining portions thereof, and the remainder of the ordinance
shall remain in force. Rights and duties that have matured penalties
which have been incurred, proceedings which have begun and prosecutions
for violations of law occurring before the effective date of this
chapter are not affected or abated by this chapter.
