A person shall not sponsor, maintain, conduct, or promote a
mass gathering in the Village without first obtaining a permit from
the Village for such mass gathering. In addition, a person shall not
sponsor, maintain, conduct, or promote an organized outdoor event
of any size in conjunction with or on the same date and at the same
location as a mass gathering without first being included on the application
and being included on the approved permit for the mass gathering.
A.
No less than 60 days before a proposed mass gathering, except as provided for in § 200-10, the sponsor(s) of the mass gathering shall submit in writing an application for a mass gathering permit to the Village Manager. Copies of the application shall be forwarded to local law enforcement, the Fire Department and to other appropriate public officials as the Village Manager determines. Such officers and officials shall review and investigate matters relevant to the application and report their findings and recommendations to the Village Manager and permittee at a required application review meeting to be held no less than 30 days before the proposed mass gathering. Applications submitted less than 60 days before the proposed mass gathering, except as provided for in § 200-10, risk not being approved.
B.
The application shall contain at least the following:
(1)
The name(s), address(es) and telephone number(s) of the proposed
mass gathering sponsor(s).
(2)
The date(s) and hours of the proposed mass gathering.
(3)
A description of the kind, character and type of mass gathering proposed.
(4)
The address or location of the site at which the proposed mass gathering
will be held, including a written statement from the property owner
consenting to the use of the property for the proposed mass gathering.
(5)
An estimate of the maximum number of people expected to attend the
proposed mass gathering.
(6)
A written statement, including drawings and diagrams where applicable,
that indicates how the sponsor(s) plans to provide for the following
to the best of their ability. There will be a required meeting with
the Village Manager, officers and officials where these drawings and
diagrams will be discussed and confirmed at the application review
meeting:
(a)
Police and fire protection, if applicable;
(b)
Medical facilities and services, including emergency vehicles
and equipment;
(c)
Food and water supply facilities;
(d)
Health and sanitation facilities;
(e)
Vehicle access and parking facilities for event workers, vendors
and attendees;
(f)
Pedestrian access to facilities to, from and within the site
of the mass gathering;
(g)
Traffic (vehicle and pedestrian) control plan;
(h)
Cleanup and waste disposal;
(i)
Noise control;
(j)
Insurance and bonding arrangements.
(7)
A sketch plan shall be included with the application which shows,
at a minimum, areas of staging, parking, sanitation facilities, emergency
corridors and first-aid stations, ingress and egress locations, pedestrian
crossing areas, traffic control areas, waste disposal, food and water
facilities and resources.
Each application for a mass gathering permit shall be accompanied
by a nonrefundable fee as well as a refundable security deposit fee.
These amounts shall be established by the Village Council pursuant
to the schedule of fees resolution, which may be amended from time
to time.
After receiving an application for a mass gathering permit and
the appropriate fees, the Village Manager, or their designee, shall
review and consider the information contained in the application and
shall, if necessary, investigate or cause to be investigated the circumstances
surrounding the proposed mass gathering, including the suitability
of the site for the proposed mass gathering, the length of the proposed
mass gathering, the number of people anticipated to attend, whether
there is a conflict with other uses of the site, the increased demands
on the Village police, Fire Department and emergency medical resources,
the sponsor's plans to provide adequate food and water facilities,
bathroom facilities, disposal of solid waste and garbage, vehicle
parking, as well as access and pedestrian routes to and within the
site.
A.
Cost determination. During the Village Manager's review, a determination
of the estimated cost to the Village in terms of service or personnel
shall be calculated, and the applicant shall be responsible to deposit
the estimated cost to the Village. Said sums will be held in escrow
pending conclusion of the event. Since most events are customarily
held on weekends, over-time rates shall be used in the calculation
for all events held on weekends. This estimate shall not include the
Village's regularly scheduled activities or personnel schedules
that would normally be scheduled on the specific date(s).
B.
Payment requirement for Village employees. Determination for man-power
hours shall be based on the Village's actual cost to have the
lowest-paid departmental employee(s) in ascending order for the specific
task on duty during the event. Once the cost has been determined,
the applicant shall be responsible for depositing the sum with the
Village. The funds shall be held in escrow by the Village pending
conclusion of the vent. Once all actual costs have been determined,
the escrowed funds will be used to pay the obligation. The applicant
shall be required to immediately pay any fees not covered by those
funds held in escrow. Any balance in the escrowed funds, over the
actual costs, shall be returned to the applicant. The amount charged
to the applicant shall be based on all costs associated to the specific
employee including but not to, regular or overtime pay, fringe benefit
reimbursement and insurances.
C.
Payment requirement for Village equipment, supplies, or services.
The applicant shall be required to compensate the Village for equipment,
vehicles, or supplies and services such as refuse disposal, and vehicles
shall be based on actual cost of equipment or services, or vehicle
cost based on the State of Michigan's Schedule of Equipment Cost,
as amended and as updated by the State of Michigan Department of Treasury
at the time of the event. Once all actual costs have been determined,
the escrowed funds will be used to pay the obligation. The applicant
shall be required to immediately pay any fees not covered by those
funds held in escrow. Any balance in the escrowed funds, over the
actual costs, shall be returned to the applicant.
D.
Payment to the Village. All payments required by this chapter shall
be paid in full not more than 30 days after the final date of the
event. The Village shall use any legal means necessary in collection
of cost reimbursement. Nonpayment of reimbursement cost may jeopardize
the event's next scheduled activity and can be grounds for denial
of future applications.
All permits will, at a minimum, require the following:
A.
Certificate of insurance. No permits will be issued without a current
insurance certificate that names the Village as a coinsured party,
turned in to the Village no less than three days prior to the event.
B.
Liquor license. Should any alcoholic beverage be served, the permittee
is responsible for obtaining a liquor license. A copy of the license
must be provided to the Village no less than three days prior to the
event.
C.
Security personnel. The permittee is responsible for employing such
security personnel as are reasonably necessary and sufficient to provide
for the adequate security and protection of the maximum number of
attendees at the assembly and/or preservation of order and protection
of property in and around the site of the assembly. No permit shall
be issued unless the County Sheriff is reasonably satisfied that such
necessary and sufficient security personnel will be provided by the
permittee for the duration of the assembly.
D.
Water supply. The permittee shall provide sufficient potable water
for drinking and cooking, washing and other water-using facilities
for peak demand conditions.
E.
Restroom facilities.
(1)
The permittee shall provide sufficient toilet facilities or portable
toilets, hand-washing stations, and drinking-water facilities. The
number and type of facilities required shall be determined, on a basis
of the number of attendees in the following manner:
|
Number of Required Restroom Facilities
| ||
|---|---|---|
|
Type of Facility
|
Male
|
Female
|
|
Toilets
|
1:300
|
1:200
|
|
Urinals
|
1:100
|
NA
|
|
Lavatories
|
1:200
|
1:200
|
|
Drinking fountains
|
1:500
|
1:500
|
|
Taps or faucets
|
1:500
|
1:500
|
(2)
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 Public Health Department.
F.
Food service. If food service is made available on the premises,
it shall be delivered only through concessions operated in accordance
with the temporary food establishment provisions of the Michigan Food
Law of 2000, MCL 289.1101 et seq.; applicable rules and regulations,
including R285.558 et seq., Temporary Food Establishments; and any
other applicable provision of state or local law. If the assembly
is distant from food service establishments open to the public, the
permittee must make such food services available on the premises as
will adequately feed the attendees.
G.
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, including cooling tents or facilities
on the premises of the assembly.
H.
Liquid waste disposal. The permittee shall provide for liquid waste
disposal in accordance with all the rules and regulations established
by the County Public Health Department of the Public Health Code,
Part 127; Water Supply and Sewer Systems, MCL 333.12701 et seq.; the
Natural Resources and Environmental Protection Act, Part 117: Septage
Waste Servicers, MCL 324.11701; applicable rules and regulations and
any other applicable provision of state or local law. If liquid waste
retention and disposal requires septage waste servicers, they shall
be permitted in accordance with the Natural Resources and Environmental
Protection Act, Part 13: Permits, MCL 324.1301 et seq., applicable
rules and regulations and any other applicable provision of state
or local law. The permittee shall provide the Village Clerk and County
Public Health Department with a true copy of an executed agreement
with the permitted septage waste servicer for the proper, effective
and frequent removal of liquid wastes from the premises to prevent
a nuisance or threat to the public health.
I.
Solid waste disposal. The permittee shall provide for solid waste
storage on, and removal from, the premises in accordance with the
Natural Resources and Environmental Protection Act, Part 115: Solid
Waste Disposal, MCL 324.11501 et seq., and the Michigan Department
of Community Health rules regarding sanitation and safety standards
for campgrounds and public health. Storage shall be in approved, covered,
fly-tight and rodent-proof containers, provided in sufficient quantity
to accommodate the number of attendees. Prior to issuance of any permit,
the permittee shall provide the Village Clerk and County Public Health
Department with a true copy of an executed agreement with a permitted
refuse collector for the proper, effective, and frequent removal of
solid waste from the premises to prevent a nuisance or threat to public
health.
J.
Access and traffic control. The permittee 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. Prior to issuance of a permit,
the County Road Commission and County Sheriff 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, with at least one automobile space
for every four attendees.
L.
Camping and trader parking. A permittee who permits attendees 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 Village Zoning Ordinance; the Public Health Code, Part 125:
Campgrounds, Swimming Areas and Swimmer's Itch, MCL 333.12502
et seq., and the Michigan Department of Community Health rules regarding
sanitation and safety standards for campgrounds and public health.
M.
Lighting. The permittee shall provide lighting of all occupied areas
sufficient to ensure safety and comfort of all attendees. The permittee's
lighting plan shall be approved by the Village.
N.
Insurance. Before the issuance of a permit the permittee shall obtain
public liability insurance and property damage insurance with limits
recommended by the Village's insurance carrier at the time the
event is to occur, from a company or companies authorized to do business
in the State of Michigan, which insurance shall insure liability for
death or injury to a person 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 name
the Village as an additional insured and shall include an endorsement
to the effect that the insurance company will notify the Village in
writing at least 10 days before the expiration of 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 of $100,000 in a form to be
approved by the Village, conditioned upon the permittee's faithful
compliance with all of the terms and provisions of the permit and
agreeing to indemnify the Village, its agents, officers and employees
against any and all loss connected with the assembly or the Village's
(or its agent's) provision of services for the same. The permittee
shall indemnify the owners of property adjoining the assembly site
for any costs attributable to cleanup and/or removing debris, trash,
or other waste resultant from the assembly.
P.
Fire protection. The permittee shall, at its own expense, take adequate
steps as determined by the Fire Chief to ensure fire protection, and
the assembly shall be subject to all applicable sections or the Fire
Prevention Code, MCL 29.1 et seq., and any applicable rules and regulations
promulgated thereunder.
Q.
Noise control. Sound-producing equipment, including, but not limited
to, public address systems, speaker systems, radios, live or broadcast
musical instruments, or other live, electronic, mechanical or broadcast
sound or music devices shall not be used or operated on the premises
of the assembly so as to cause or create any sound or noise in such
a manner or with such volume as to unreasonably upset or disturb the
quiet, comfort, or repose of other persons in adjacent areas between
the hours of 10:00 p.m. and 7:00 a.m.
R.
Fencing. If alcohol is being served as part of the permitted activity,
the permittee shall erect a barrier completely enclosing the site,
of sufficient height and strength to prevent persons in excess of
the maximum permissible attendees from gaining access, and that has
sufficient gates properly located to provide ready and safe ingress
and egress. Fencing shall be erected to control the area so as not
to permit persons to carry their alcoholic beverages outside the approved
area for consumption.
S.
Miscellaneous. Prior to issuance of a permit, the Village may impose
any other condition(s) reasonably calculated to protect the health,
safety, welfare and property of attendees or of citizens of the Village.
B.
Denial.
(1)
A denial is proper if the Village Manager finds by a preponderance
of the evidence that holding the mass gathering as proposed would
be detrimental to the public health, safety and welfare of the Village.
A permit may also be denied if:
(a)
The applicant fails to comply with any or all requirements of
this chapter, or with any or all conditions imposed by the permit,
or with any other applicable provisions of state or local law; or
(b)
The applicant knowingly made a false, misleading or fraudulent
statement in the application or in any supporting document.
(2)
If the Village Manager denies a mass gathering permit, the Village
Clerk shall send written notice of the denial, including the reasons
for the denial, to the sponsor(s) by certified mail within five days
of the denial decision.
The Village Manager or their designee may revoke a permit whenever
the permittee, or its 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.
The Village President may waive the requirement in § 200-3 that application for a permit be filed no less than 60 days before the proposed mass gathering if circumstances make it impossible for the applicant to comply.
The applicant agrees to indemnify and hold the Village and its
subsidiaries and affiliates and/or their shareholders, members, partners,
directors, officers, employees, and agents harmless from and against
any and all claims, causes of action, losses, damages, liabilities,
costs, and expenses (including attorney fees and expenses) arising
out of or related to the permitted activity.
