The Board of East China Charter Township finds and declares that the
interests of the public health, safety and welfare of the citizens of East
China Charter 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 this Township.
As used in this chapter, the following terms shall have the meanings
indicated:
ASSEMBLY
See the definition of “outdoor assembly.”
ATTENDANT
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.
LICENSEE
Any person to whom a license is issued pursuant to this chapter.
OUTDOOR ASSEMBLY
Hereinafter referred to as “assembly,” means any event,
attended by more than 5,000 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 an entity qualifying for
tax exempt status under Section 501(c)(3) of the Internal Revenue Code of
1954, being 26 U.S.C. § 501(c)(3), as incorporated by reference
in Section 201 of the Michigan Income Tax Act of 1967, Act 281 of the Public
Acts of 1967, being MCLA § 206.201 of the Compiled Laws of 1948;
or
C.
An event held entirely within the confines of a permanently enclosed
and covered structure.
PERSON
Any natural person, partnership, corporation, association or organization.
SPONSOR
Any person who organizes, promotes, conducts, or causes to be conducted
an outdoor assembly.
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 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 chief law enforcement officer for the County of St. Clair in cooperation
with the Director of State Police is satisfied that such necessary and sufficient
security personnel will be provided by the licensee for the duration of the
assembly.
B. 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 Act 368,
Public Acts of 1978 (MCLA § 333.1101 et seq.), 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 St. Clair County Health Officer.
C. Rest room facilities.
(1) Water closets. The licensee shall provide separate enclosed
flush-type water closets as defined in Act 733, Public Acts 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 368, Public
Acts of 1978 (MCLA § 333.1101 et seq.), and the rules and regulations
adopted pursuant thereto, and in accordance with any other applicable state
or local law.
(2) Lavatory and drinking water. The licensee shall provide
lavatory and drinking water facilities constructed, installed, and maintained
in accordance with Act 733, Public Acts 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 and soap and paper towels.
(3) Number and type. 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
|
1:500
|
|
Taps or faucets
|
1:500
|
1:500
|
(4) Showers. 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
|
(5) Maintenance. 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.
D. Liquid waste disposal. The licensee shall provide for
liquid waste disposal in accordance with all rules and regulations pertaining
thereto established by the County Health Officer. If such rules and regulations
are not available or if they are inadequate, then liquid waste disposal shall
be in accordance with the United States Public Health Service Publication
No. 526, entitled “Manual of Septic Tank Practice.”
(1) Pumpers and haulers licensed. If liquid waste retention
and disposal is dependent upon pumpers and haulers, they shall be licensed
in accordance with Act 451, Public Acts 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
(2) Executed agreement for removal. 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 waste from the premises so as to neither create nor cause a nuisance
or menace to the public health.
E. Solid waste disposal. The licensee shall provide for
solid waste storage on, and removal from, the premises.
(1) Storage containers. Storage shall be in approved, covered,
fly-tight and rodent-proof containers, provided in sufficient quantity to
accommodate the number of attendants.
(2) Executed agreement for removal. 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 refuse collector,
which agreement will assure proper, effective and frequent removal of solid
waste from the premises so as to neither create nor cause a nuisance or menace
to the public health.
(3) Vermin control. 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, equipment, or otherwise
constitute a hazard to the public health. Solid waste 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.
F. Food service.
(1) Licensed concessions. 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 368, Public Acts of 1978
(MCLA § 333.1101 et seq.), and the rules and regulations adopted
pursuant thereto, and in accordance with any other applicable state or local
law.
(2) Adequate availability. 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.
G. 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 County Health Officer.
H. Public bathing beaches. The licensee shall provide or
make available or accessible public bathing beaches only in accordance with
Act 368, Public Acts of 1978 (MCLA § 333.1101 et seq.), and the
rules and regulations adopted pursuant thereto, and in accordance with any
other applicable provision of state or local law.
I. Public swimming pools. The licensee shall provide or
make available public swimming pools only in accordance with Act 368, Public
Acts of 1978 (MCLA § 333.1101 et seq.), 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 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. 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.
K. Parking. The licensee shall provide a parking area sufficient
to accommodate all motor vehicles, but in no case shall he provide less than
one automobile space for every four attendants.
L. 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
Act 368, Public Acts of 1978 (MCLA § 333.1101 et seq.), MSA 14.447
(121 et. seq.), as amended, and the rules and regulations adopted pursuant
thereto, and in accordance with any other applicable provision by state or
local law.
M. Illumination. The licensee shall provide electrical illumination
of all occupied areas sufficient to insure the safety and comfort of all attendants.
The licensee's lighting plan shall be approved by the Township.
N. Fire protection. The licensee shall, at his own expense,
take adequate steps as determined by the State Fire Marshal to insure fire
protection.
O. 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.
P. Public telephones. The licensee shall provide public
telephone equipment for general use on the basis of at least one unit for
each 1,000 attendants.
Q. Sound 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
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 Charter
Township of East China.