[HISTORY: Adopted by the Township Board of the Charter Township
of Oakland 9-8-1970 by Ord. No. 19 (Ch. 18 of the 2007 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 this Township.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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 whom a license is issued pursuant to this chapter.
Hereinafter referred to as "assembly" means any event, attended
by more than 500 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 which is conducted or sponsored by any 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,
Public Act No. 281 of 1967 (MCLA § 206.201); or
An event held entirely within the confines of a permanently
enclosed and covered structure.
Any person who organizes, promotes, conducts, or causes to
be conducted an outdoor assembly.
[Amended 6-8-1999 by Ord. No. 81]
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, plan, entertainment or amusement;
(4)
Permit any person on the premises to cause or create 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; and
(6)
Permit any person to unlawfully use, sell, or possess, any narcotics,
narcotic drugs or other controlled substances defined in Article VII
of Public Act No. 368 of 1978 (MCLA § 333.7101 et seq.).
B.
Any of the enumerated violations in Subsection A of this section is a separate offense, is a nuisance per se immediately adjoinable in the Circuit Courts, and, shall constitute municipal civil infraction, except where otherwise provided by state law. A person determined to be responsible for a municipal civil infraction for violation of any of the above-enumerated violations shall be subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this chapter.[1]
C.
It is further provided that any of the violations specified in this
section is a sufficient basis for revocation of the license and for
the immediate enjoining of the assembly by filing the appropriate
action in the Circuit Court.
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 Clerk of the Township and shall be made at least 60 days prior
to date of the proposed assembly. Each application shall be accompanied
by a nonrefundable fee as currently established or hereafter adopted
by resolution of the Township Board from time to time 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. 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 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 licensee, he shall submit an affidavit
from the owner indicating his consent to the use of the site for the
proposed assembly.
D.
The date 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.
A.
Each application shall be accompanied by a detailed explanation,
including drawings and diagrams where applicable, of the prospective
licensee's plans to provide for the following:
(1)
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.
(12)
Provisions for shelter during inclement weather.
B.
In addition, the application shall be accompanied by a map or maps
of the overall site of the proposed assembly.
On receipt by the Clerk, copies of the application shall be
forwarded to the chief law enforcement and health officers for the
county, 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, 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:
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 license under this article 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. The license
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 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
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 ensure 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
Part 127 of Public Act No. 368 of 1978 (MCLA § 333.12701
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
county health officer.
C.
Restroom facilities.
(1)
The licensee shall provide separate enclosed flush-type water closets
as defined in Public Act No. 733 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
Section 12771 of Public Act No. 368 of 1978 (MCLA § 333.12771),
and the rules and regulations adopted pursuant thereto, and in accordance
with any other applicable state or local law.
(2)
The licensee shall provide lavatory and drinking water facilities
constructed, installed, and maintained in accordance with Public Act
No. 733 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.
(a)
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
| |
|---|---|---|---|
|
10 toilets for each
|
1,500
|
1,000
| |
|
5 urinals for each
|
500
| ||
|
10 lavatories for each
|
1,200
|
1,200
| |
|
10 drinking fountains
|
1,500
|
1,500
| |
|
10 taps or faucets
|
1,500
|
1,500
|
(b)
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
| |
|---|---|---|---|
|
10 shower heads for each
|
1,100
|
1,100
|
(3)
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.
Food service. 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 Public Act 92 of 2000, MCLA § 289.1101
et seq., Food Law, and the rules and regulations adopted pursuant
thereto, and in accordance with any other applicable state or local
law. If any 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.[1]
E.
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.
F.
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." If
liquid waste retention and disposal is dependent upon pumpers and
haulers, they shall be licensed in accordance with Part 117 of Public
Act No. 451 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, 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 ensure 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. The licensee shall provide for solid waste
storage on, and removal from, the premises. Storage shall be in approved,
covered, flytight and rodent-proof containers, provided in sufficient
quantity to accommodate the number of attendants. 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 ensure 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. 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.
H.
Public bathing beaches. The licensee shall provide or make available
or accessible public bathing beaches only in accordance with Sections
12541 through 12546 of Public Act No. 368 of 1978 (MCLA § 333.12541
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 Sections 12521 through
12534 of Public Act No. 368 of 1978 (MCLA § 333.12521 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 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. 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 Sections 12501 through 12516 of Public Act No. 368 of 1978 (MCLA
§ 333.12501 et seq.), and the rules and regulations adopted
pursuant thereto, and in accordance with any other applicable provision
by state law and as provided pursuant to the Zoning Ordinance, pertaining
to zoning.
M.
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 Building Inspector.
N.
Insurance. Before the issuance of a license, the licensee shall obtain
public liability insurance with limits as currently established or
hereafter adopted by resolution of the Township Board from time to
time from a company or companies approved by the Commissioner of Insurance
of the state, 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.
O.
Bonding. Before the issuance of a license, the licensee shall obtain,
from a corporate bonding company authorized to do business in the
state, a corporate surety bond in the amount as currently established
or hereafter adopted by resolution of the Township Board from time
to time in a form to be 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
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 any costs attributable to cleaning up
and/or removing debris, trash, or other waste resultant from the assembly.
P.
Fire protection. The licensee shall, at his own expense, take adequate
steps as determined by the state Fire Marshal, to ensure fire protection.
Q.
Sound-producing 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 Township and shall be controlled by the limits as imposed by Chapter 274, Noise.
R.
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.
S.
Communications. The licensee shall provide public telephone equipment
for general use on the basis of at least one unit for each 500 attendants.
T.
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 of 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, ordinances, statutes, or other laws
incorporated herein by reference.
