City of Bridgman, MI
Berrien County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bridgman 1-6-1986 by Ord. No. 92 (Ch. 207.000 of the 1999 Compiled Ordinances). Amendments noted where applicable.]
An ordinance to license, regulate and control, in the interest of the public health, safety and welfare, outdoor gatherings of persons in excess of 300 in number, to provide penalties for violations thereof and to repeal all ordinances or parts of ordinances inconsistent therewith.
The City of Bridgman finds and declares that the interests of the public health, safety and welfare of the citizens of Bridgman require the regulation, licensing and control of mass gatherings 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 the City.
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
APPROVED
Any construction or procedure or operation which is in accordance with the established regulations of the Berrien County Health Department and applicable provisions of federal, state or City law, or regulations established pursuant thereto.
ATTENDANT
Any person who obtains admission to an outdoor assembly.
CITY
City of Bridgman.
COMMUNICABLE DISEASE
An illness due to an infectious agent, or its toxic products, which is transmitted directly or indirectly to a well person from an infected person, animal or arthropod or through the agency of an intermediate host, vector or the inanimate environment.
DEPARTMENT
The Berrien County Health Department, or its authorized representatives.
DRINKING WATER
Water provided or used for human consumption or for lavatory or culinary purposes.
GARBAGE
All putrescible wastes (except sewage and body waste); included in this term are animal and vegetable offal.
LICENSEE
Any person to whom a license is issued pursuant to this chapter.
MASS GATHERING
Any anticipated gathering of 300 or more people on private property, either outdoors or temporary facilities, but shall not include activities conducted by public or private schools.
OFFICER
The Berrien County Health officer, or his authorized representative.
OPERATOR
Any person who has charge, care, or control of, or who promotes a mass gathering.
PERSON
Any individual, group of individuals, firm, partnership association, corporation, or any other public or private entity.
PLUMBING
All of the following facilities and equipment: water pipes, waste pipes, drains, vents, water closets, sinks, trays or tubs, catch basins, and any other similarly supplied fixtures, together with all connections to water systems or sewerage systems.
PRIVATE PROPERTY
All property that is not public property.
PUBLIC PROPERTY
Property owned by the state or some political subdivision thereof, title to which is vested directly in the states or one of its political subdivisions.
REFUSE
All nonputrescible wastes generally regarded and classified as rubbish, trash and junk, and similar designations which have been rejected by the owner or possessor thereof as useless or worthless.
SERVICE BUILDING
A building housing toilet facilities for men and women, with separate bath or shower accommodations.
SEWAGE
Any substance that contains any of the waste products, excrement, or other discharge from the bodies of human beings or animals, and any noxious or deleterious substances which are harmful or inimical to the public health, to animal or aquatic life, or to the use of water for domestic water supply or for recreation.
SEWAGE SYSTEM
Any community or individual system, publicly or privately owned, for the collection and disposal of sewage and industrial wastes of a liquid nature, including various devices for the treatment of such sewage or industrial wastes.
SOURCE
Any well, spring, cistern, infiltration gallery, stream, reservoir, pond, or lake from which, by any means, water is taken either intermittently or continuously for use by the public.
SPONSOR
Any person who organizes, promotes, conducts, or causes to be conducted, an outdoor assembly or mass gathering.
TOILET FACILITIES
Water closets, privies, urinals, chemical toilets, and the rooms provided for installation of these units.
WASH BASIN
A basin or bowl used for the purpose of obtaining personal cleanliness.
WATER CLOSET
Sanitary facilities for defecation equipped with a hopper or tray and a device for flushing the bowl by water, located within the compartment.
WATER SUPPLY
A source or sources of water, and any or all water treatment, storage, transmission, and distribution facilities.
WATERS OF THE STATE
Any and all rivers, streams, creeks, rivulets, lakes, dammed water, ponds, springs, and all other bodies of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the State of Michigan.
A. 
No person shall establish, maintain, operate, or promote a mass gathering at any place within the City of Bridgman and no person shall permit to be operated on his property any mass gathering, unless the operator of said mass gathering and the owner of the property on which it operates together apply, in writing, on such forms and in such manner as prescribed by the City Clerk, and obtain a valid license to operate a mass gathering. This shall be accomplished at least 60 days prior to the date of the proposed gathering. Each application shall be accompanied by a nonrefundable fee based on the daily maximum number of persons expected to attend. This fee is calculated at $100 for each 300 people or fraction thereof.
B. 
In the alternative, if the operator exhibits to the Clerk a valid contract for use and/or rental of owner's property, the owner need not be joined in the application as set forth above.
C. 
No license shall be issued until inspection of the premises, facilities and equipment of the location has been made by the City, and the location is found to be adequate for the protection of the public health.
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.) 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.
B. 
A statement of the kind, character, and type of proposed gathering.
C. 
The address, legal description and the site at which the proposed gathering is to be conducted.
D. 
The date or dates and hours during which the proposed gathering is to be conducted.
E. 
An estimate of the maximum number of attendants expected at the gathering 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.
F. 
Each application shall be accompanied by a detailed explanation, including drawings and diagrams, where applicable, of the prospective licensee's plans, including contracts 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) 
Communication facilities.
(9) 
Noise control abatement.
(10) 
Facilities for cleanup and waste disposal, including removal by a licensed refuse hauler.
(11) 
Insurance and bonding arrangements.
(12) 
Before work is done in the construction of the facilities of, or in the advertising or other preparation for, a mass gathering, the operator shall submit, in duplicate, and receive approval of such plans, specifications, and reports which the City deems necessary for the protection and promotion of the public health.
(13) 
These plans, specifications, and reports shall include, where applicable, data relating to food and sanitary food service, water supply, plumbing, sewage disposal, toilet and lavatory facilities, refuse storage and disposal, vector control, sleeping areas and facilities, first aid and medical facilities, and such other information as may be required by the City.
(14) 
These plans, specifications, and reports shall accompany the operator's application for a license to hold or promote the mass gathering.
G. 
On receipt by the Clerk, copies of the application shall be forwarded to the chief law enforcement and health officers for the City, local fire official, and to such other appropriate public officials as the Clerk deems necessary. Such 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 City Clerk.
H. 
Within 45 days of the filing of the application, the City shall issue, set conditions reasonably necessary to the public health or safety prerequisite to the issuance of, or deny a license. The City will require that adequate security and 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.
I. 
A license may be denied if:
(1) 
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) 
The applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document.
J. 
A license shall specify the name and address of the licensee, the kind of location of the gathering, 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 gathering and shall not be transferred to any other person or location. It shall be subject to suspension or revocation upon finding the mass gathering not in compliance with this chapter.
K. 
In processing an application, the City shall, at a minimum, require the following:
(1) 
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 gathering to regulate and limit the number of persons to the level authorized in the permit, and for the preservation of order and protection of property in and around the site of the gathering. No license shall be issued unless the chief law enforcement officer for the City is satisfied that such necessary and sufficient security personnel will be provided by the licensee for the duration of the gathering.
(2) 
Medical facilities. If the gathering is not readily and quickly accessible to adequate existing medical facilities, the licensee may be required to provide an ambulance on the grounds at all times if deemed necessary by the City. In addition, a first aid station shall be made available as required by the City health officer or designated agent. The kind, location, staff, strength, medical and other supplies and equipment of such facilities shall be prescribed by the City health officer or designated agent.
(3) 
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 Act 269, Public Acts of 1968,[1] and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law.
[1]
Editor's Note: See now the Michigan Food Law of 2000, MCLA § 289.1101 et seq.
(4) 
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 Section R325.10101 et seq. of the Michigan Administrative Code, Supplying Water to the Public, 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 City health officer. Any interruption in the treatment of a drinking water supply shall be reported immediately to the City. No change in the source of, or in the method of treatment of, a drinking water supply shall be made without first notifying the City and securing its approval to do so.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
Plumbing.
(a) 
Plumbing shall be so sized, installed, and maintained as to carry adequate quantities of water to required locations throughout the premises of the mass gathering, and to properly convey sewerage and liquid wastes from the premises to the sewerage or sewage disposal system.
(b) 
Plumbing shall serve to prevent contamination of the water supply, and shall not create an unsanitary condition or nuisance.
(6) 
Liquid waste disposal. The licensee shall provide for liquid waste disposal in accordance with all rules and regulations pertaining thereto established by the Berrien County Health Department. If such rules and regulations are not available, or if they are inadequate, liquid waste disposal shall be in accordance with 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 No. 451 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, 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 wastes from the premises so as to neither create nor cause a nuisance or menace to the public health.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7) 
Solid waste disposal. The licensee shall provide for solid waste storage on, and removal from, the premises. The collection of all garbage and refuse shall be conducted in a sanitary manner and shall be removed from the facilities at least once every 24 hours or at more frequent intervals if necessary to prevent a nuisance. 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 license, the licensee shall provide the county health officer with a true copy of an executed agreement in force and effect by a licensed refuse collector as required by Act No. 451 of 1994 (MCLA § 324.11501 et seq.), and the rules and regulations pursuant thereto, and will assure proper, effective and frequent removal of solid wastes from the premises so as to neither create or cause a nuisance or menace to public health. Each refuse container, room or area shall be thoroughly cleaned after each emptying or removal of garbage and refuse.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(8) 
Vector control.
(a) 
The licensee shall implement effective control measures to minimize the presence of rodents, arthropods, 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 or equipment, or otherwise constitute a hazard to the public health. Solid wastes 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. 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 by a licensed exterminator to ensure proper pest and vermin control.
(b) 
All grass on the premises of the mass gathering shall be mowed one week prior to the event and shall be effectively sprayed with insecticides approved by the Department.
(9) 
Restroom facilities.
(a) 
The licensee shall provide separate and enclosed flush-type water closets as defined in Act No. 733 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 No. 368 of 1978 (MCLA § 333.12771 et seq.), and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b) 
The licensee shall provide lavatory and drinking water facilities constructed, installed, and maintained in accordance with Act No. 733 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, soap, paper towels and toilet tissue. The number and type of facilities required shall be determined, on the basis of the number of attendants, in the following manner:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Facilities
Male
Female
Toilets
1:100
1:50*
Urinals
1:100
Lavatories
1:100
1:100
Drinking fountains
1:200
*
Female urinals may be substituted for toilet bowls on a one-for-one basis; however, no more than one-third of the total number of toilet bowls may be substituted.
(c) 
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
(d) 
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. A safe and adequate water supply with flush toilets and showers is considered to be a minimum of 1.5 gallons per minute per 100 persons; without showers, 0.75 gallons per minute per 100 persons.
(10) 
Public bathing beaches. The licensee shall provide or make available or accessible public bathing beaches only in accordance with Act No. 368 of 1978 (MCLA § 333.12541 et seq.), and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provisions of state or local law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(11) 
Public swimming pools. The licensee shall provide or make available public swimming pools only in accordance with Act No. 368 of 1978 (MCLA § 333.12521 et seq.), and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(12) 
Carriers of communicable disease. No individual known to be a possible transmitter of a communicable disease shall be employed at a mass gathering, in any capacity.
(13) 
Care of children. Children under 16 years of age not accompanied by an adult at a mass gathering shall be provided with adequate and competent adult supervision exercised by a supervisor or supervisors present on the property.
(14) 
Supervision of premises. A person to whom a license to promote or hold a mass gathering has been issued shall provide a competent individual to be in charge of the property and on the premises at all times while the property is occupied or open for occupancy. The person's or persons' names and addresses and phone numbers shall be included.
(15) 
Responsibility for cleanup. The licensee shall be responsible for cleanup operation at the termination of the mass gathering.
(16) 
General responsibility. The person to whom a license is issued shall comply with the provision of this chapter and with all conditions stated in the license.
(17) 
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 the premises. Access to the premises shall be from a public highway or road. 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 City of Bridgman shall approve the licensee's plan for access and traffic control.
(18) 
Parking. The licensee 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.
(19) 
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 City Building Official.
(20) 
Insurance. Before the issuance of a license, the licensee shall obtain public liability insurance with limits of not less than $500,000 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 mass gathering 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 insurance shall include a provision "that the City will be held harmless in the event of a claim." The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the Clerk of the City, in writing, at least 10 days before the expiration or cancellation of said insurance.
(21) 
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 $100,000 in a form to be approved by the City Attorney, conditioned upon the licensee's faithful compliance with all of the terms and provisions of state or local law, and which shall indemnify the City, its agents, officers, and employees and the City Council members against any and all loss, injury or damage whatever arising out of, or in any way connected with, the mass gathering and which shall indemnify the owners of property adjoining the mass gathering site for any costs attributable to cleaning up and/or removing debris, trash, or other waste resultant from the mass gathering.
(22) 
Fire protection. The licensee shall, at his own expense, take adequate steps as determined by the State Fire Marshal to ensure fire protection. He shall see to it that no flammable or volatile liquids or materials shall be stored in or adjacent to the area of the gathering and that adequate firefighting equipment is available to protect the life and health of the people attending the mass gathering.
(23) 
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 gathering 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 City of Bridgman.
(24) 
Miscellaneous. Prior to the issuance of a license, the City Council may impose any other condition(s) reasonably calculated to protect the health, safety, welfare, and property of attendants or the citizens of the City of Bridgman.
The City Council, or designated agent, 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, ordinances, statutes, or any other laws incorporated herein by reference.
A. 
It shall be unlawful for a licensee, his employee, or agent, to knowingly fail to comply with any requirement of this chapter.
B. 
Any violation is a separate offense and is punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both such fine and imprisonment. It is further provided that any violation of this chapter shall constitute a sufficient basis for revocation of this license and for the immediate enjoining of the gathering.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If any portion of this chapter or the application thereof to any person or circumstances shall be found to be invalid by the court, such invalidity shall not affect the remaining portions or applications of this chapter which can be given effect without the invalid portion or applications, provided such remaining portions are not determined by the court to be inoperable, and to that end, this chapter is declared to be severable.
City may waive any or all portions or requirements that may not be necessary.