Township of Northville, MI Chapter 128 Outdoor Gatherings

[HISTORY: Adopted by Board of Trustees of the Charter Township of Northville 7-11-1991 as Ch. 48 of the Code of Ordinances; amended in its entirety 10-19-2023. Subsequent amendments noted where applicable.]

§ 128-1 Purpose.

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.

§ 128-2 Definitions.

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.

§ 128-3 Permit required.

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.

§ 128-4 Application for permit; fee.

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.

§ 128-5 Explanations, drawings and maps to accompany application.

A. Each application shall be accompanied by a detailed explanation, including a drawing and diagrams, where applicable, of the prospective permittee'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 trailer facilities.

(7) Illumination facilities.

(8) Communication facilities.

(9) Noise control and abatement.

(10) Facilities for cleanup and waste disposal.

(11) Insurance and bonding arrangements.

B. In addition, the application shall be accompanied by a map or maps of the overall site of the proposed assembly.

C. The above submission under this section [Subsection A(1) through (11)] may be modified in whole or part by the appropriate Township official based on the proposed use of the gathering.

§ 128-6 Approval by officials.

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.

§ 128-7 Issuance or denial of permit; conditions; insurance.

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.

§ 128-8 Denial of permit.

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.

§ 128-9 Permit specifications; posting on premises.

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.

§ 128-10 Minimum requirements.

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.[1] 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.

[1] Editor's Note: MCL 338.901 to 338.917 was repealed 3-31-2003 by P.A. 2002, No. 733.

(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.

§ 128-11 Permit revocation.

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.

§ 128-12 Acts constituting violations.

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.

§ 128-13 Violations and penalties.

A. Any person who shall violate any provision of this chapter shall be subject to the penalties specified for a violation of the Township Code.

B. 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.