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:
ATTENDANT
Any person who attends an outdoor assembly.
PERMITTEE
Any person to whom a permit is issued pursuant to this chapter.
GATHERING
Shall have the same meaning as "assembly."
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, rock festivals, peace festivals, car shows, concerts, music festivals,
carnivals, fairs, sporting events, fun runs or other 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;
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;
C. An event held entirely within the confines of a permanently enclosed
and covered structure; or
D. Graduation parties.
PERSON
Any natural person, organization, group, or entity formed
under the laws of this state or any other state or country who organizes,
promotes, conducts or causes to be conducted an outdoor assembly.
SPONSOR
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 or gathering in the Township unless he, she or
it shall have first made application for and obtained, as hereinafter
prescribed, a permit for each such assembly.
Application for a permit 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:
A. The name, age, residence and mailing address of the person making
the application:
(1) 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.
(2) 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.
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 permittee, he shall submit an affidavit
from the owner indicating his 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.
F. The above requirements (Subsections
A through
E) for the application may be modified at the discretion of the appropriate Township official based on the nature of the 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 permit. The Township Board may require that adequate security
or insurance be provided before a permit is issued. Where conditions
are imposed as prerequisite to the issuance of a permit, 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 permit 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; or
B. The applicant has knowingly made a false, misleading or fraudulent
statement in the application or in any supporting document.
A permit shall specify the name and address of the permittee,
the kind and location of the assembly, the maximum number of attendants
permissible, the duration of the permit 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:
A. Security personnel. The permittee 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 permit shall
be issued unless the Director of Public Safety is satisfied that such
necessary and sufficient security personnel will be provided by the
permittee for the duration of the assembly.
B. Water facilities. The permittee 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.
C. Rest room facilities.
(1) The permittee shall provide separate enclosed flush-type water closets
as defined in MCL 338.901 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 or local
law.
(2) The permittee 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.
(3) The number and type of facilities required shall be determined on
the basis of the number of attendants in the following manner:
Facilities
|
Male
|
Female
|
---|
Toilets
|
1:300
|
1:200
|
Urinals
|
1:100
|
|
Lavatories
|
1:200
|
1:200
|
Drinking fountains
|
1:500
|
|
Taps or faucets
|
1:500
|
|
(4) Where the assembly is to continue for more than 12 hours, the permittee
shall provide shower facilities based on the number of attendants
in the following manner:
Facilities
|
Male
|
Female
|
---|
Shower heads
|
1:100
|
1:100
|
(5) 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.
D. Food service.
(1) 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 or local law.
(2) If the assembly is distant from food service establishments open
to the public, the permittee shall make such food services available
on the premises as will adequately feed the attendants.
E. Medical facilities. If the assembly is not readily and quickly accessible
to adequate existing medical facilities, the permittee 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.
F. Liquid waste disposal. The permittee 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 permittee 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.
G. Solid waste disposal.
(1) The permittee shall provide for solid waste storage on and removal
from the premises. Storage shall be in approved, covered, fly-tight
and rodent proof containers provided in sufficient quantity to accommodate
the number of attendants. Prior to issuance of any permit, the permittee
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.
(2) The permittee 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.
H. Public bathing beaches. The permittee 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.
I. Public swimming pools. The permittee 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.
J. Access and traffic controls. The permittee 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 permit, the Director
of the Department of State Police and the Director of the Department
of State Highways must approve the permittee's plan for access
and traffic control.
K. Parking. The permittee shall provide a parking area sufficient to
accommodate all motor vehicles but in no case shall be less than one
automobile space for every four attendants.
L. Camping and trailer parking. A permittee 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.
M. Illumination. The permittee shall provide electrical illumination
of all occupied areas sufficient to ensure the safety and comfort
of all attendants. The permittee's lighting plan shall be approved
by the Township Electrical Inspector.
N. Insurance. Before the issuance of a permit, the permittee 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 permit. 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.
O. Bonding. Before the issuance of a permit, the permittee 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 permittee'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 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.
P. Fire protection. The permittee shall, at his/her own expense, take
adequate steps as determined by the State Fire Marshal to ensure fire
protection.
Q. Sound. 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 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.
R. Fencing. The permittee 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.
S. Communications. The permittee shall provide public telephone equipment
for general use based on at least one unit for each 1,000 attendants.
T. Miscellaneous. Prior to the issuance of a permit, 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.
U. The requirements (Subsections
A through
T) above may, in whole or part, be waived at the reasonable discretion of the appropriate Township official based on the nature of the gathering.
The Township Board may revoke a permit whenever the permittee,
his employee(s) or agent(s) 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 permittee, his employee or agent
to knowingly:
A. Advertise, promote, or sell tickets to, conduct or operate an assembly
without first obtaining a permit as herein provided.
B. Conduct or operate an assembly in such a manner as to create a public
or private nuisance.
C. Conduct or permit, within the assembly, any obscene display, exhibition,
show, play entertainment or amusement.
D. Permit any person on the premises to cause or create a disturbance
in, around or near the assembly by obscene or disorderly conduct.
E. Permit any person to unlawfully use, sell or possess any narcotics,
narcotic drugs, drugs or other substances as defined by state law.