HEALTH AND SANITATION*
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*Cross reference(s)‑‑Administration, ch. 2; businesses, ch. 14; planning, ch. 62.
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Secs. 42-1‑‑42-25. Reserved.
Division 1. Generally
Sec. 42-26. Purpose of article.
Sec. 42-27. Definitions.
Sec. 42-28. Penalty for violations.
Secs. 42-29‑‑42-40. Reserved.
Division 2. License
Sec. 42-41. Required.
Sec. 42-42. Application.
Sec. 42-43. Plans.
Sec. 42-44. City manager’s findings.
Sec. 42-45. Requirements for applicants.
Sec. 42-46. Issuance.
Sec. 42-47. Contents.
Sec. 42-48. Denial.
Sec. 42-49. Revocation.
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Secs. 42-1‑‑42-25. Reserved.
ARTICLE II. OUTDOOR GATHERINGS
DIVISION 1. GENERALLY
Sec. 42-26. Purpose of article.
The city council finds and declares that the interests of the public health, safety and welfare of the citizens of South Haven 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 city.
(Code 1965, Sec. 17.01)
Sec. 42-27. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Attendant means 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 means any person to whom a license is issued pursuant to this article.
Outdoor assembly, referred to in this article 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:
(1) An event which is conducted or sponsored by a governmental unit or agency on publicly owned land or property;
(2) 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 USC section 501(c)(3), as incorporated by reference in section 201 of the Michigan Income Tax Act of 1967, being Act No. 281 of the Public Acts of Michigan of 1967 (MCL 206.1 et seq., MSA 7.557(101) et seq.), as amended; or
(3) An event held entirely within the confines of a permanently enclosed and covered structure.
Sponsor means any person who organizes, promotes, conducts, or causes to be conducted an outdoor assembly.
(Code 1965, Sec. 17.02)
Cross reference(s)‑‑Definitions generally, Sec. 1-2.
Sec. 42-28. Penalty for violations.
(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 provided in this article.
(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, play, entertainment or amusement.
(4) Permit any person on the premises to cause or create a 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.
(6) Permit any person to unlawfully use, sell, or possess any narcotics, narcotic drugs, drugs or other substances as defined in the Controlled Substances Act of the Public Health Code (MCL 333.7101 et seq., MSA 14.15(7101) et seq.), as amended.
(b) Any of the violations in this section is a separate offense, is a nuisance per se immediately enjoinable in the circuit court, and is punishable as a misdemeanor by imprisonment for not more than 90 days or by a fine of not more than $500.00, or both such fine and imprisonment. Any such violation is sufficient ground for revocation of the license and for the immediate enjoinder of the assembly by the circuit court.
(Code 1965, Sec. 17.12)
Secs. 42-29‑‑42-40. Reserved.
DIVISION 2. LICENSE
Sec. 42-41. Required.
No person shall sponsor, operate, maintain, conduct or promote an outdoor assembly in the city unless he shall have first made application for, and obtained, as prescribed in this division, a license for each such assembly.
(Code 1965, Sec. 17.03)
Sec. 42-42. Application.
An 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 city 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 of $50.00, excluding nonprofit organizations in which the fee
is waived. The application shall include the following:
(1) 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 $500.00.
(2) A statement of the kind, character, and type of proposed
assembly.
(3) 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.
(4) The dates and hours during which the proposed assembly is to
be conducted.
(5) 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.
(Code 1965, Sec. 17.04; Ord. No. 897, 04-15-02)
Sec. 42-43. Plans.
(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 requirements.
(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.
(b) In addition, the application shall be accompanied by a map of the overall site of the proposed assembly.
(Code 1965, Sec. 17.05)
Sec. 42-44. City manager’s findings.
On receipt by the clerk, copies of the application shall be forwarded to the city manager. The city manager shall review and investigate matters relevant to the application and within 20 days of receipt thereof shall report his findings and recommendations to the city council.
(Code 1965, Sec. 17.06)
Sec. 42-45. Requirements for applicants.
In processing an application the city council shall require the following:
(1) 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 police chief is satisfied that such necessary and sufficient security personnel will be provided by the licensee for the duration of the assembly, based upon the number of persons to attend and the type of assembly.
(2) 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 Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.12701 et seq., MSA 14.15(12701) et seq.), as amended, 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 city manager.
(3) Restroom facilities. The licensee shall provide separate enclosed flush-type water closets as defined in Act No. 266 of the Public Acts of Michigan of 1929 (MCL 338.901 et seq., MSA 14.451 et seq.), as amended, 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 city manager may permit the use of other facilities which are in compliance with Section 12771 of Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.12771, MSA 14.15(12771), as amended, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law.
a. The licensee shall provide lavatory and drinking water facilities constructed, installed, and maintained in accordance with Act No. 266 of the Public Acts of 1929 (MCL 338.901 et seq., MSA 14.451 et seq.), as amended, 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.
b. 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 |
|
c. 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 |
d. 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 city manager.
(4) 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 Part 129 of Act No. 368 of the Public Acts of 1978 (MCL 333.12901 et seq., MSA 14.15(12901) et seq.), as amended, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. 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 those attending.
(5) 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 such as to handle all first aid help and shall be approved by the city manager.
(6) Liquid waste disposal. The licensee shall provide for liquid waste disposal 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 Act No. 181 of the Public Acts of Michigan of 1986 (MCL 325.312 et seq., MSA 14.434(11) et seq.), as amended, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. Prior to issuance of any license, the licensee shall provide the city manager 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.
(7) 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 rodentproof containers, provided in sufficient quantity to accommodate the number of attendants. Prior to issuance of any license, the licensee shall provide the city manager 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.
(8) Public swimming pools. The licensee shall provide or make available public swimming pools only in accordance with Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.1101 et seq., MSA 14.15(1101) et seq.), as amended, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
(9) 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 police chief must approve the licensee’s plan for access and traffic control.
(10) 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 persons attending.
(11) Camping and trailer parking. A licensee who permits persons 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 No. 368 of the Public Acts of Michigan of 1978 (MCL 333.1101 et seq., MSA 14.15(1101) et seq.), as amended, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
(12) 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 city manager.
(13) Insurance. Before the issuance of a license, the licensee shall obtain public liability insurance with limits of not less than $100,000.00 and property damage insurance with a limit of not less than $25,000.00 from a company approved by the commissioner of insurance of the state, which insurance shall ensure 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 city clerk in writing at least ten days before the expiration or cancellation of the insurance.
(14) 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 of $100,000.00 in the form to be approved by the city attorney, conditioned upon the licensee’s faithful compliance with all of the terms and provisions of this article and all applicable provisions of state or local law, and which shall indemnify the city, its agents, officers, and employees and the city council 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 owner on property adjoining the assembly site for any costs accountable to cleaning up and/or removing debris, trash, or other waste resultant from the assembly.
(15) Fire protection. The licensee shall, at his own expense, take adequate steps as determined by the fire chief to ensure fire protection.
(16) 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.
(17) Communications. The licensee shall provide public telephone equipment for general use on the basis of at least one unit for each 1,000 attendants or fraction t