[HISTORY: Adopted by the Township Board of Trustees of the
Township of Lawrence 4-3-1971,
as amended 9-11-1980 (Ord. No.
6 of the 2005 Code). Subsequent amendments noted
where applicable.]
The interest of the public health, safety and welfare of the
citizens of the Township requires the regulating, licensing and control
of large numbers of people in outdoor assemblies of more than 1,000
persons in attendance, excessively drawing upon the health, sanitation,
fire, police, transportation, utility, and other public services regularly
provided in the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who obtains admission to an outdoor assembly by
the payment of money or by the rendering of services in lieu of payment
of money for admission.
Any person to whom a license is issued pursuant to this chapter.
Any natural person, partnership, corporation, association
or organization.
Any person who organizes, promotes, conducts or causes to
be conducted an outdoor assembly.
A.
A
person shall not sponsor, operate, maintain or conduct or promote
an outdoor assembly in the Township unless he shall have first made
application for and obtained, as hereinafter prescribed, a license
for each assembly, along with a nonrefundable fee of $100.
B.
The
application for license to conduct an outdoor assembly must be made,
in writing, at least 60 days prior to date of proposed assembly on
such forms and in such manner as prescribed by the Clerk of the Township.
C.
The
application shall include at least the following information:
(1)
Name, age, residence, and mailing address of the person making the
application, or in the case of a partnership, corporation or other
association, information shall be included as to partners, officers,
directors, and/or members of the association. Where the person is
a corporation, a copy of the Articles of Incorporation shall be filed
and the names and addresses of all shareholders having a financial
interest greater than $500 shall be provided.
(2)
A statement of the kind, character, and type of proposed assembly.
(3)
The address, legal description, and proof of ownership of the site
on 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.
(4)
The date or dates and hours the proposed assembly is to be conducted.
(5)
An estimate of the maximum number of attendance expected at the assembly
for each date it is conducted.
A.
On
a receipt by the Clerk, copies of the application shall be forwarded
to the Chief Law Enforcement and Health Officers for the Township
and county, the State Fire Marshal, and to such other appropriate
officials as the Clerk deems necessary. Such officer and officials
shall review and investigate matters relevant to the application and
within 20 days of relevant to the application and within 20 days of
receipt therefor shall report their findings and recommendations to
the Township Board.
B.
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.
C.
The
Township Board may require that adequate security or insurance be
provided before a license is issued.
D.
Where
conditions are imposed as a 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 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 if 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 assembly and 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.
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 protection of the maximum number of attendants at the assembly
and for the preservation of order, protection of property in and around
the assembly.
B.
Water
and waste facilities.
(1)
The licensee shall provide potable water, as approved by a county
health officer, of sufficient quantity and pressure to assure proper
operation of all water-using facilities under conditions of peak demand.
The number and type of facilities required shall be determined on
the basis of the number of attendants in the following manner: toilets
and lavatories at a ratio of one to every 200 attendants; drinking
fountains, one to every 500 attendants; taps or faucets, one to every
500 attendants. 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 the basis of the ratio of one to 100.
(2)
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.
(3)
Public bathing beaches shall be provided or made available or accessible
only in accordance with Act 218, Public Acts of 1967,[1] and the rules and regulations adopted pursuant thereto
and in accordance with any other applicable provision of state or
local law. Public swimming pools shall be made available only in accordance
with Act 230, Public Acts of 1966,[2] and the rules and regulations adopted pursuant thereto
and in accordance with any other applicable provisions of state or
local law.
[1]
Editor's Note: Act 218 of P.A. 1967, MCLA §§ 325.631
to 325.635, was repealed 9-30-1978 by P.A. 1978, Act. 368. See now
MCLA §§ 333.12541 to 333.12546.
[2]
Editor's Note: Act 230 of P.A. 1966, MCLA §§ 325.601
to 325.620, was repealed 9-30-1978 by P.A. 1978, Act. 368. See now
MCLA §§ 333.12521 to 333. 12533.
C.
Liquid
and solid waste disposal. The licensee shall provide proper liquid
and solid waste disposal so as to neither create nor cause a nuisance
or menace to the public health as determined by the County Health
Department.
D.
Food
services. If food is made available on the premises, it shall be delivered
only through concessions licensed to operate in accordance with the
provisions of Act 269, Public Acts of 1968,[3] and the rules and regulations adopted pursuant thereto
and in accordance with any applicable state or local law.
[3]
Editor's Note: Act 269 of P.A. 1968, MCLA §§ 325.801
to 325.813, was repealed 9-30-1978 by P.A. 1978, Act. 368. See now
MCLA §§ 333.12901 to 333.12915.
E.
Medical
facilities. Each assembly must have medical services available in
a suitable building. The nature and extent of such service will be
determined by the County Health Department.
F.
Access
and traffic control, parking, camping and trailer parking. Access,
traffic control, and parking shall be provided to ensure proper ingress,
egress, orderly flow of traffic and orderly parking of vehicles brought
to the assembly. Traffic lanes and other spaces 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 Director
of the Department of Transportation must approve the plans for access
and traffic control. As to parking, the licensee shall provide a parking
area sufficient to accommodate all motor vehicles, but in no case
shall it provide less than one automobile space for every four attendants.
The licensee shall provide electrical illumination of all occupied
areas sufficient to assure the safety and comfort of all attendants.
G.
Sound-producing
equipment, including but not limited to public address systems, radios,
phonographs, musical instruments, and other sound-producing 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.
H.
Insurance.
Before the issuance of a license, the licensee shall obtain liability
insurance with bodily injury limits of not less than $300,000 and
property damage limits 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 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
the Township, in writing, at least 10 days before the expiration or
cancellation of said insurance.
I.
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 Township Board, 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 Township, its agents, officers, and employees and the Board 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.
J.
Fire
protection. The licensee shall, at his own expense, take adequate
steps as determined by the State Fire Marshal to ensure fire protection.
K.
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.
L.
Miscellaneous.
Prior to the issuance of a license, the Township Board may impose
any other condition(s) reasonably calculated to protect the health,
safety, welfare, and property of attendants or of citizens of the
Township.
The Board 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 other laws incorporated herein
by reference.
A.
It shall be unlawful for a licensee, his employee, or agent to knowingly:
(1)
Advertise, promote or sell tickets to conduct or operate an assembly
without first obtaining a license as herein provided.
(2)
Conduct or operate an assembly in such a manner as to create a public
or private nuisance.
(3)
Conduct or permit, within the assembly, any obscene display, exhibition,
show, plays, entertainment or amusement.
(4)
Permit any person on the premises to cause or create a disturbance
in, around or near the assembly by obscene or disorderly conduct.
(5)
Permit any person to unlawfully consume, sell or possess intoxicating
liquor while on the premises.
(6)
Permit any person to unlawfully use, sell, or possess any narcotics,
narcotic drugs, drugs, or other substances as defined in Act 343,
Public Acts of 1952,[1] or as may be amended.
[1]
Editor's Note: Act 343 of P.A. 1952, MCLA §§ 335.51
to 335.78, was repealed 4-1-1972 by P.A. 1971, No. 196. See now MCLA
§§ 335.303 et seq.
B.
Any person found to have violated this chapter by a court of competent jurisdiction is responsible for a municipal civil infraction under Chapter 25, Municipal Civil Infractions, of the Code of the Township of Lawrence.
[Amended 4-12-2018]
C.
It is further provided that any of the above violations is a sufficient
basis for revocation of the license and for the immediate enjoining
in the Circuit Court of the assembly.
If any portion of this chapter or the application thereof to
any person or circumstances shall be found to be invalid by a court,
such invalidity shall not affect the remaining portion of applications
of this chapter, which can be given effect without the invalid portion
or application, and to this end, this chapter is declared to be severable.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
