[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade 6-7-1971 by Ord. No. 1-1971 (Part 13 of the 1991 Compilation
of Ordinances). Amendments noted where applicable.]
The Township Board of the Charter Township of Cascade finds
and declares that the interests of the public health, safety and welfare
of the citizens of Cascade 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.
[Amended 8-22-1979 by Res. No. 14-1979]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who attends an outdoor assembly.
Any person to whom a license is issued pursuant to this chapter.
Hereinafter referred to as "assembly" means any event, all
or any part of which includes a theatrical exhibition, public show,
display, entertainment, festival, rally, amusement or other exhibition,
but does not mean:
Any natural person, partnership, corporation, association,
entity or organization.[1]
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 Cascade Charter Township 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 Township and shall be made at least 60 days prior
to the date of the proposed outdoor assembly. Each application shall
be accompanied by a nonrefundable fee as set by the Township Board
by resolution 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.
B.
A statement of the kind, character and type of proposed outdoor assembly.
C.
The address, legal description and proof of ownership of the site
at which the proposed outdoor assembly is to be conducted. Where ownership
is not vested in the prospective licensee, he shall submit an affidavit
or other evidence from the owner indicating his consent to the use
of the site for the proposed outdoor 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.
A.
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:
(1)
Police and fire protection.
(2)
Food and water supply and facilities.
(3)
Health and sanitation facilities.
(4)
Medical facilities and services, including emergency vehicles and
equipment.
(5)
Vehicle access and parking facilities.
(6)
Camping and trailer facilities.
(7)
Illumination facilities.
(8)
Communications facilities.
(9)
Noise control and abatement.
(10)
Facilities for cleanup and waste disposal.
(11)
Insurance and bonding arrangements.
B.
In addition, the application shall be accompanied by a map or maps
of the overall site of the proposed outdoor assembly.
On receipt by the Clerk, copies of the application shall be
forwarded to the Kent County Sheriff, the Kent County Health Department,
the Fire Chief serving the subject area, and to such other appropriate
public officials as the Clerk shall deem 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.
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. The Township Board may require that adequate security
or insurance be provided before a license is issued and may impose
such other reasonable conditions in such license as it deems proper.
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 outdoor 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 outdoor assembly and
shall not be transferred to any other person or location.
A.
In processing an application, the Township Board may, in its sound
discretion, impose such reasonable terms therein as it deems necessary,
to ensure that the granting of such license will not unreasonably
interfere with the use of adjacent property, nor constitute a nuisance,
nor conflict with the preservation of the welfare, safety and health
of the citizens of Cascade Charter Township. Such terms and conditions
may require water and sanitary facilities, regulate food service,
require medical facilities, provide for traffic control and, where
swimming is contemplated, all applicable laws and ordinances shall
be complied with.
B.
Further, adequate provisions shall be made for traffic control, parking
and lighting. All trailers and campers and the like shall also comply
with all applicable laws and ordinances. The Township Board may also
require such public liability insurance, and such performance and
indemnity bonds as it deems necessary and reasonable.
It shall be unlawful for a licensee, his employee, or agent,
to:
