[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:
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.
Any person who obtains admission to an outdoor assembly.
City of Bridgman.
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.
The Berrien County Health Department, or its authorized representatives.
Water provided or used for human consumption or for lavatory
or culinary purposes.
All putrescible wastes (except sewage and body waste); included
in this term are animal and vegetable offal.
Any person to whom a license is issued pursuant to this chapter.
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.
The Berrien County Health officer, or his authorized representative.
Any person who has charge, care, or control of, or who promotes
a mass gathering.
Any individual, group of individuals, firm, partnership association,
corporation, or any other public or private entity.
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.
All property that is not 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.
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.
A building housing toilet facilities for men and women, with
separate bath or shower accommodations.
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.
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.
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.
Any person who organizes, promotes, conducts, or causes to
be conducted, an outdoor assembly or mass gathering.
Water closets, privies, urinals, chemical toilets, and the
rooms provided for installation of these units.
A basin or bowl used for the purpose of obtaining personal
cleanliness.
Sanitary facilities for defecation equipped with a hopper
or tray and a device for flushing the bowl by water, located within
the compartment.
A source or sources of water, and any or all water treatment,
storage, transmission, and distribution facilities.
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.Â
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.Â
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.Â
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.Â
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.Â
A statement of the kind, character, and type of proposed gathering.
C.Â
The address, legal description and the site at which the proposed
gathering is to be conducted.
D.Â
The date or dates and hours during which the proposed gathering is
to be conducted.
E.Â
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.Â
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)Â
Police and fire protection.
(2)Â
Food and water supply and facilities.
(3)Â
Health and sanitation facilities.
(4)Â
Medical facilities and services, including emergency vehicles and
equipment.
(5)Â
Vehicle access and parking facilities.
(6)Â
Camping and trailer facilities.
(7)Â
Illumination facilities.
(8)Â
Communication facilities.
(9)Â
Noise control abatement.
(10)Â
Facilities for cleanup and waste disposal, including removal
by a licensed refuse hauler.
(11)Â
Insurance and bonding arrangements.
(12)Â
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)Â
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)Â
These plans, specifications, and reports shall accompany the
operator's application for a license to hold or promote the mass
gathering.
G.Â
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.Â
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.Â
A license may be denied if:
(1)Â
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)Â
The applicant has knowingly made a false, misleading or fraudulent
statement in the application or in any supporting document.
J.Â
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.Â
In processing an application, the City shall, at a minimum, require
the following:
(1)Â
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)Â
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)Â
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)Â
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)Â
Plumbing.
(a)Â
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)Â
Plumbing shall serve to prevent contamination of the water supply,
and shall not create an unsanitary condition or nuisance.
(6)Â
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)Â
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)Â
Vector control.
(a)Â
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)Â
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)Â
Restroom facilities.
(a)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Responsibility for cleanup. The licensee shall be responsible
for cleanup operation at the termination of the mass gathering.
(16)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.Â
It shall be unlawful for a licensee, his employee, or agent, to knowingly
fail to comply with any requirement of this chapter.
B.Â
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.
