The Board of New Buffalo Township finds and declares that the interests of the public health, safety and welfare of the citizens of New Buffalo Township require the regulation, licensing and control of assemblies 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 Township.
[HISTORY: Adopted by the Township Board of the Township of New Buffalo 7-11-1972 by Ord. No. 720711. Amendments noted where applicable.]
[Amended 8-21-2023 by Ord. No. 20230821B; 4-15-2023 by Ord. No. 20240415]
As used in this chapter, the following terms shall have the meanings indicated:
Any person who obtains admission to an outdoor assembly, whether for free or by payment of money.
Any person to whom a license is issued pursuant to this chapter.
Hereinafter referred to as "assembly"; any event attended by more than 100 attendants, all or any part of which includes a theatrical exhibition, public show, display, entertainment, amusement or other exhibition, including but not limited to musical festivals, rock festivals, peace festivals or similar gatherings, but does not mean:
An event which is conducted or sponsored by a governmental unit or agency on publicly owned land or property;
An event held entirely within the confines of a permanently enclosed and covered structure; or
An event registered with the Township Clerk and approved by the Township Board as a family picnic, class reunion, or family-type assembly group.
Any natural person, partnership, corporation, association or organization.
Any person who organizes, promotes, conducts, or causes to be conducted an outdoor assembly.
[Amended 4-15-2023 by Ord. No. 20240415]
A person shall not sponsor, operate, maintain, conduct or promote an outdoor assembly in New Buffalo Township unless an application for license has been obtained and completed first. An application for license must be completed for each assembly. The Township Board reserves the right to limit, by resolution, the number of outdoor assemby licenses issued on any given day. No person or business may apply for more than four outdoor assembly licenses per calendar year.
[Amended 8-21-2023 by Ord. No. 20230821B; 4-15-2023 by Ord. No. 20240415]
Application for a license to conduct an outdoor assembly must be made in writing on such forms and in such a manner as prescribed by the Building and Zoning Department of New Buffalo Township and shall be made at least 60 days prior to the date of the proposed assembly. Each application shall be accompanied by a nonrefundable fee in an amount as established from time to time by resolution of the Township Board 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. This requirement can be waived for all registered businesses located inside New Buffalo Township.
B.
A statement of the kind, character, and type of proposed assembly.
C.
The address, legal description and proof of ownership of the site at 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 their consent to the use of the site for the proposed 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.
[Amended 4-15-2023 by Ord. No. 20240415]
A.
Each application shall be accompanied by a detailed explanation, including drawings and diagrams where applicable, of the prospective licensee's plan to provide for the following:
(1)
Private security, 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, a map or maps of the overall site of the proposed assembly shall accompany the application.
[Amended 4-15-2023 by Ord. No. 20240415]
On receipt by the Building and Zoning Department, copies of the application shall be forwarded to the Berrien County Sheriff or designee, the New Buffalo Township Fire Department, and to any other appropriate public official as the Building and Zoning Department deems necessary. Such officers and officials shall review and investigate matters relevant to the application and within 10 days of receipt thereof shall report their findings and recommendations to the Building and Zoning Department.
[Amended 4-15-2023 by Ord. No. 20240415]
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 and/or 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 two days of such action, notice thereof must be provided to the applicant by phone, or email, and a copy sent via first-class mail. In the case of denial, the reason(s) for denial shall be stated in the notice.
[Amended 4-15-2023 by Ord. No. 20240415]
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;
B.
The applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document; or
C.
The applicant has previously hosted an event at which violations of local, state, or federal laws or regulations occurred.
A license shall specify the name and address of the licensee, the kind and location of the 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 assembly, and shall not be transferred to any other person or location.
[Amended 8-21-2023 by Ord. No. 20230821B; 4-15-2023 by Ord. No. 20240415]
In processing an application, the Township Board shall, at a minimum, require the following:
A.
Security personnel. The licensee shall employ at his own expense such security personnel or police officer(s) as are 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 license shall be issued unless the Township Board is satisfied that such necessary and sufficient security personnel will be provided by the licensee for the duration of the assembly.
B.
Access and traffic control. The licensee shall provide for ingress to and egress from the premises so as to insure the orderly flow of traffic onto and off of the premises. 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 Township Board must approve the licensee's plan for access and traffic control.
C.
Parking. The licensee shall provide a parking area sufficient to accommodate all motor vehicles.
D.
Camping and trailer parking. A licensee 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 provision of state or local law. All camping and trailer parking facilities shall be removed on expiration date of license.
E.
Illumination. The licensee shall provide electrical illumination of all occupied areas sufficient to ensure the safety and comfort of all attendants. The Township Board shall approve the licensee's lighting plan.
F.
Insurance. Before the issuance of a license, the licensee shall obtain public liability insurance of not less than $1,000,000 and property damage insurance of not less than $500,000. Such insurance must remain in full force and effect in the specified amounts for the duration of the license, including the construction period, the demolition period and the cleanup period. The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the Clerk of New Buffalo Township, in writing, at least 10 days before the expiration or cancellation of said insurance.
G.
Bonding. Before the issuance of a license, the licensee shall obtain a surety bond in the amount of $100,000 conditioned upon the licensee's faithful compliance with all of the provisions of this chapter and all applicable provisions of local, state, or federal law. Said bond shall indemnify the Township, its agents, officers, employees, and volunteers against any loss or damage arising out of the outdoor assembly and shall indemnify the owners of property near the assembly site for any costs of property damage or trash removal from the outdoor assembly.
H.
Fire protection. The licensee shall, at his own expense, take adequate steps as determined by the New Buffalo Township Fire Chief or his/her designee, to insure fire protection.
I.
Sound equipment. Sound-producing equipment, including but not limited to public address systems, radios, musical equipment and instruments, and/or 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 New Buffalo Township.
J.
Fencing. The licensee shall erect fencing as determined by the Township Board 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.
K.
Miscellaneous. Prior to the issuance of a license, the Township Board may waive any of the requirements identified in this § 101-10. In addition, 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 New Buffalo Township.
The Township Board may revoke a license whenever the licensee, an employee or agent fails, neglects or refuses to fully comply with any and all provisions, regulations, ordinances, statutes, or other laws incorporated herein by reference.
A.
It shall be unlawful for a licensee, an 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, play, 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 consume, sell, or possess controlled substance or controlled substance analogue, as defined by Article 7 of the Public Health Code, PA 368 of 1978, MCLA § 333.7107 et seq., as amended, including marijuana.
[Amended 8-21-2023 by Ord. No. 20230821B; 4-15-2023 by Ord. No. 20240415]
B.
It is 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.
[Amended 11-23-1998 by Ord. No. 981123]
C.
Sanctions for violations.
[Added 11-23-1998 by Ord. No. 981123]
(1)
Civil fines. Violations of the provisions of this chapter or failure to comply with any of its requirements shall constitute a municipal civil infraction. Any person or other entity who violates any of the provisions of this chapter is responsible for a municipal civil infraction as defined by Michigan law and is subject to payment of a civil fine in an amount as established from time to time by resolution of the Township Board for each infraction (check with the Municipal Ordinance Violations Bureau for the Schedule of Civil Fines and Costs). Repeat offenses or infractions shall be subject to an increased civil fine as established by Chapter 29, Municipal Ordinance Violations Bureau.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Costs. In addition to the foregoing civil fine, the violator shall pay costs, which include all direct or indirect expenses to which the Township has been put in connection with the violation. Costs shall be in an amount as established from time to time by resolution of the Township Board. Check with the Municipal Ordinance Violations Bureau for the Schedule of Civil Fines and Costs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Violators included. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation shall be considered to be a violator and such person may each be charged and found responsible for a separate civil infraction and suffer the sanctions herein provided.
(4)
Separate violations. Each day a violation of this chapter continues to exist constitutes a separate violation.
(5)
Additional remedies. Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation of this chapter.