[HISTORY: Adopted by Board of Trustees of the Charter Township of Northville 7-11-1991 as Ch. 48 of the Code of Ordinances. Amendments noted where applicable.]
The Township Board finds and declares that the interests of the public health, safety and welfare of the citizens of the 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 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 the payment of money for admission.
- Any person to who a license is issued pursuant to this chapter.
- OUTDOOR ASSEMBLY or ASSEMBLY
- Any event attended by more than 250 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:
- A. An event which is conducted or sponsored by a governmental unit or agency on publicly owned land or property; or
- B. An event which is conducted or sponsored by any entity qualifying for tax exempt status under Section 501C.3 of the Internal Revenue Code of 1954, being 26 U.S.C. § 501C.3, as incorporated by reference in MCL 206.201 as amended; or
- C. An event held entirely within the confines of a permanently enclosed and covered structure.
- Any natural person who organizes, promotes, conducts or causes to be conducted an outdoor assembly.
- 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 the 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 Township Clerk and shall be made at least 60 days prior to date of the proposed assembly. Each application shall be accompanied by a nonrefundable fee in an amount to be set by resolution of the Township Board and shall include at least the following:
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.
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 a financial interest greater than $500.
A statement of the kind, character and type of proposed assembly.
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 his consent to the use of the site for the proposed assembly.
The date or dates and hours during which the proposed assembly is to be conducted.
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.
Each application shall be accompanied by a detailed explanation, including a drawing and diagrams where applicable, of the prospective licensee's plans to provide for the following:
Police and fire protection.
Food and water supply and facilities.
Health and sanitation facilities.
Medical facilities and services including emergency vehicles and equipment.
Vehicle access and parking facilities.
Camping trailer facilities.
Noise control and abatement.
Facilities for cleanup and waste disposal.
Insurance and bonding arrangements.
In addition, the application shall be accompanied by a map or maps of the overall site of the proposed assembly.
On receipt by the Township Clerk, copies of the application shall be forwarded to the Director of Public Safety and Fire Chief, the State Fire Marshal and to such other appropriate public officials as the Clerk deems 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. Where conditions are imposed as prerequisite to the issuance of a license, 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 if this chapter or with any or all conditions imposed pursuant hereto or with any other applicable provision of state of local law; or
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 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.
In processing an application, the Township Board shall, at a minimum, require the following:
Security personnel. The licensee shall employ at his/her 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 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 Director of Public Safety is satisfied that such necessary and sufficient security personnel will be provided by the licensee for the duration of the assembly.
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 MCL 333.12701 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 Township.
Rest room facilities.
The licensee shall provide separate enclosed flush-type water closets as defined in MCL 333.901 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 Township Health Officer may permit the use of other facilities which are in compliance with MCL 333.12771 and the rules and regulations adopted pursuant thereto and in accordance with any other applicable state of local law.
The licensee shall provide lavatory and drinking water facility constructed, installed and maintained in accordance with MCL 338.901 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 and soap and paper towels.
The number and type of facilities required shall be determined on the basis of the number of attendants in the following manner:
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:
All facilities shall be installed, connected and maintained from obstructions, leaks and defects and shall at all times be in operable condition as determined by the Health Officer.
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 MCL 289.1107 et seq. and the rules and regulations adopted pursuant thereto and in accordance with any other applicable state of local law.
If the assembly is distant from food service establishments open to the public, the licensee shall make such food services available on the premises as will adequately feed the attendants.
Medical facilities. If the assembly is not readily and quickly accessible to adequate existing medical facilities, the licensee shall be required to provide such facilities on the premises of the assembly. The kind, location, staff strength, medical and other supplies and equipment of such facilities shall be as prescribed by the Township.
Liquid waste disposal. The licensee shall provide for liquid waste disposal in accordance with all rules and regulations pertaining thereto established by the Township. If such rules and regulations are not available or if they are inadequate, then liquid waste disposal shall be accordance with the 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 MCL 324.11701 et seq. and the rules and regulations adopted pursuant thereto and in accordance with any license. The licensee shall provide the Township 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 waste from the premises so as to neither create nor cause a nuisance or menace to the public health.
Solid waste disposal.
The licensee shall provide for solid waste storage on and removal from the premises. Storage shall be in approved, covered, fly-tight and rodentproof containers provided in sufficient quantity to accommodate the number of attendants. Prior to issuance of any license, the licensee shall provide the Township with a true copy of an executed agreement in force and effect with a licensed refuse collector, which agreement will assure proper, effective and frequent removal of solid waste from the premises so as to neither create not cause a nuisance or menace to the public health.
The licensee shall implement effective control measures to minimize the presence of rodents, 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 to otherwise constitute a hazard to the public health. Solid waste containing food waste shall be kept in such conditions as to prevent the harborage or feeding of vermin.
Public bathing beaches. The licensee shall provide or make available or accessible public bathing beaches only in accordance with MCL 333.12541 and the rules and regulations adopted pursuant thereto and in accordance with any other applicable provisions of state or local law.
Public swimming pools. The licensee shall provide or make available public swimming pools only in accordance with MCL 333.12521 and the rules and regulations adopted pursuant thereto and in accordance with any other applicable provision of state or local law.
Access and traffic controls. The licensee shall provide for ingress to and egress from the premises so as to ensure the orderly flow of traffic onto and off of the premises. Access to the premises shall be from a highway or road which is a part of the county system of highways or which is a highway maintained by the State of Michigan. 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 Director of the Department of State Police and the Director of the Department of State Highways must approve the licensee's plan for access and traffic control.
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.
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 MCL 333.12501 and the rules and regulations adopted pursuant thereto and in accordance with any other applicable provision by state or local law.
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 Township Electrical Inspector.
Insurance. Before the issuance of a license, the licensee shall obtain and provide evidence of public liability insurance and property damage insurance from a company or companies approved by the Commissioner of Insurance of the State of Michigan in limits to be set by resolution of the Township Board, 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.
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 to be set by resolution of the Township Board and in a form approved by the Township Attorney, conditioned upon the licensee's faithful compliance with all of the terms and provisions of this chapter and all applicable provisions of state of local law and which shall indemnify the Township, its agents, officers and employees and the Township 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.
Fire protection. The licensee shall, at his/her own expense, take adequate steps as determined by the State Fire Marshal to ensure fire protection.
Sound-producing equipment, including, but not limited to, public address systems, radios, phonographs, musical instruments and other recording devises, 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 tranquillity of the citizens of the Township.
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.
Communications. The licensee shall provide public telephone equipment for general use on the basis of at least one unit for each 1,000 attendants.
Miscellaneous. Prior to the issuance of a license, the Township Board may impose any other conditions reasonably calculated to protect the health, safety, welfare and property of attendants or citizens of the Township.
The Township 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, chapters, statutes or other laws incorporated herein by reference.
It shall be unlawful for a licensee, his employee or agent to knowingly:
Advertise, promote or sell tickets to, conduct or operate an assembly without first obtaining a license as herein provided.
Conduct or operate an assembly in such a manner as to create a public or private nuisance.
Conduct or permit, within the assembly, any obscene display, exhibition, show, play entertainment or amusement.
Permit any person on the premises to cause or create a disturbance in, around or near the assembly by obscene or disorderly conduct.
Permit any person to unlawfully use, sell or possess any narcotics, narcotic drugs, drugs or other substances as defined by state law.
Any minor, as defined in this state's probate code, who violates any provision of this chapter shall be dealt with by the Juvenile Division of the Probate Court or as otherwise prescribed by state law.