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CITY OF MUSKEGON HEIGHTS COUNTY OF MUSKEGON STATE OF MICHIGAN
AN ORDINANCE TO REGULATE PUBLIC ASSEMBLIES IN THE CITY OF MUSKEGON HEIGHTS.
Ordinance #17- 62 4
THE CITY OF MUSKEGON HEIGHTS ORDINANCE
An amended Article VII, Rental Halls of Chapter 10, "Amusements and Entertainments," is hereby enacted to state as follows:
Sec. 10-146. - Rental halls;/Night Club definition. “Rental hall" shall mean any enclosed hall, building or portion of any building, regularly available for rental, lease or loan for the purpose of public assembly, banquets, luncheons, entertainment or sports events, whether or not such assemblies are public or private, or any admission fee is charged. Night club shall mean any enclosed, building or portion of Any building that serves alcoholic beverages to the public in glasses or bottles, that also has a dance floor and a designated area for a DJ with the purpose of public assembly.
Sec. 10-147. Prohibited assembly. It shall be unlawful for any organization, group, entity, or person under the age of 21 and without valid government identification, to stage or hold a traffic- or crowd-generating event, without first obtaining a rental hall permit therefor from the Chief of Police. No such license shall be issued until approved by the Chief of Police, and then the City Council, which may reject the applicant when, in its judgment, the applicant is not a fit person to conduct such business; when the location of the place where such business is proposed to be conducted would be detrimental to the public interest; when a permit application has been found to be fraudulent; or when an event excluded under this Section was held under false pretenses. No person shall keep open a rental hall later than 2:00 a.m. on secular days nor at any time on Sunday.
Sec. 10-148. Traffic- or crowd-generating event defined. The term "traffic- or crowd-generating event" means any event (1) Which can reasonably be expected to attract 50 people or more; or (2) For which the of the event have received either a temporary permit for the sale of alcohol or have received an extension of their current license to sell alcohol to allow the off-premises sale of alcohol.
Sec. 10-149. Excluded events. This article shall not apply to the following types of events unless the organizers of the traffic- or crowd-generating event have received either a temporary permit for the sale of alcohol/marijuana or any marijuana infused products/oils or an extension of their current license to sell alcohol/marijuana or any marijuana infused products/oils to allow the outdoor or off premises, whether indoor or outdoor, sale of alcohol, marijuana or a derivative of marijuana: (1) Events sponsored by public schools or other governmental organizations; (2) Events sponsored by churches, parochial schools or other religious organizations;(3) Events sponsored by a family for family purposes such as a reunion, wedding, funeral or similar type of activity; (4) Events sponsored by political parties, unions, recognized fraternal organizations or the holder of a public office, or a candidate for such office, for purposes of raising campaign funds; (5) Events put on by established businesses or organizations at regularly scheduled times on a daily, weekly or monthly basis, so that the traffic and crowd control problems can be reasonably anticipated by the city; and (6) Events which occur spontaneously, occasioned by news or information coming into public knowledge within three days of an assembly provided that the organizers shall provide the chief of police with at least 24 hours' notice of the commencement of the event.
Sec. 10-150. Application for permit. (a) Any person staging, holding or promoting a traffic- or crowd-generating event shall notify the chief of police of his intention of holding such an event at least 30 days in advance. The notice shall consist of an application for a permit for a traffic- or crowd generating event and shall contain the following information: (1) The name, address and telephone number of the person requesting the permit; (2) The name and address of the organization or group of persons (3) The name, address and telephone number of the person who will act as chairperson or will be responsible for the conduct of the event; (4) The purpose of the event, the estimated number of vehicles to participate in event or to be parked at or near the event; (5) The date the event is to be conducted and the hours the event will commence and terminate; (6) The number, type and location of toilet facilities to be provided for use during the event; (7) The number, type and location of any concessions or vendors doing business during the event; (8) The location and size of the area designated for parking vehicles during the event if such parking will be in areas other than those designated for public parking (9) Whether any music will be provided, either live or recorded; (10) The number of, types and location of all loudspeakers and amplifying devices to be used; (11) Whether the use of alcoholic liquors will be permitted on the premises upon which the event is to be conducted, and if so, what measures or procedures shall be relied upon to prohibit the sale of alcohol to minors and visibly intoxicated individuals; (12) Whether the participants and others attending the event will be allowed to remain on the premises upon which the event is being conducted between the hours of 12:00 midnight and 8:00a.m.; (13) whether the applicant for a permit has the permission of the owner of any private property upon which the event is to be conducted to use his property for that purpose;
(14) Provisions that have been made for the clean-up of the area of the
event after its conclusion;
(15) Evidence of insurance, with the city as one of the named insureds, in an amount sufficient to protect the city from claims for damages from personal injury, property damage or any other injury proximately caused by the event, said amount to be reasonable considering the nature, purpose, location, risk of injury or damage of the event. Evidence of insurance may be waived where, in the opinion of the chief of police, there exists no reasonable likelihood of claims for damages from personal injury, property damage or other injury proximately caused by the event; and (16) Such other information as the Chief of Police shall deem pertinent in evaluating the effects such evet may have on the health, safety and welfare of the residents of the City of Muskegon Heights. (b) The application described in subsection (a) of this section shall be accompanied a fee as currently established or as hereafter adopted by resolution of the city council from time to time payable to the city as reasonable cots for the cost of processing, evaluating and issuing permit.
Sec. 10-151. Assignment and payment of police service.
No permit shall issue unless the applicant for the permit makes advance payment to the city of the salary to be paid to police officers assigned by the Chief of Police to the event in a number deemed necessary by the Chief of Police to ensure the health, welfare and safety of the community as determined by evaluating the information contained in section 63-4 or information obtained by any investigation made by the Chief pf Police. The rate of payment shall be 1 ½ times the regular hourly rates of the police officers.
Sec. 10-152. Issuance or denial of permit and appeals.
⦁ Issuance. The Chief of Police shall issue a permit within ten days of receipt of the application for the event if, based upon his evaluation of the information provided under section 10-147 or information obtained by any investigation made by the Chief of Police, he determines the event will not endanger the public health, safety and welfare of the city or if he determines that reasonable adjustments to the community traffic control, street and property maintenance and police, fire and ambulance protection would ensure the public health, safety and welfare of the city.
⦁ Denial. The Chief of Police shall notify the applicant within ten days of the receipt of the application of the denial of the application for a permit if any information supplied by the applicant is false or intentionally misleading or if, based upon an evaluation of the information provided under section 10-147 or any information obtained by any investigation by the Chief of Police, he determines the event will endanger the public health, welfare or safety of the city and if he determines that reason able adjustments to the community traffic control, street and property maintenance, and police, fire, and ambulance protection would not ensure the public health, welfare safety of the city. Such denial shall enumerate the specific reasons for the denial.
⦁ Appeals. The granting or denial of a permit by the chief of police pursuant to the provisions of this chapter may be appealed to the city council by the applicant or any person affected thereby. Such appeal shall be in writing, shall be filed with the city clerk within five days of the mailing or delivery of the decision of the chief of police, and shall specify objections to the decision of the chief of police. The council shall act upon the appeal by conducting a hearing of any objections at the next regularly scheduled or special city council meeting. The city council shall decide on such appeal at such meeting or at its next regularly scheduled or special meeting. In the event the hearing is held at a special meeting, the city clerk shall either notify the appellant personally of the time and place of the hearing or mail notice by first class mail addressed to the appellant at his last known address at least three days prior to the hearing. The city council in either granting or denying the appeal shall enumerate the reasons for that decision.
Penalty: Any person who violates Section 10-146 through 10-152 shall be guilty of a misdemeanor, punishable by a fine not more than $500 or imprisonment for not more than (90) days, or both.
Sec. 10-153. When required.
⦁ It shall be unlawful for any person to erect or cause to be erected any temporary structure to be used as a place of public assemblage for 50 persons or more for any religious, educational, recreational or public purpose whatsoever within the city without first having obtained a permit therefor from the fire chief.
⦁ It shall be unlawful for any person to cause or permit the occupancy of a temporary structure as a place of assembly without the issuance of the permit required by subsection
⦁ of this section to occupy the structure, as provided for in this article.
Sec. 10-154. Application.
⦁ Any person desiring a permit required by this article shall file an application therefor, in writing, with the fire chief, which application shall be accompanied by a set of building plans in duplicate, drawn to scale. The application and plans shall indicate the following information clearly:
(1) Plans. The plans shall include the following:
⦁ The type of construction;
⦁ The seating arrangement;
⦁ The aisles;
⦁ The structural details and calculations of the seats and supports;
⦁ The location of all electrical wiring;
⦁ The location of all exits;
⦁ The location of all fire equipment within the structure and the specification of such equipment;
⦁ The location, far as feasible of adjacent structures and obstructions which might hinder the free egress of persons from the exits.
(2) The application. The application shall include the following:
a. Whether any open flame is intended to be used within the structure and, if so, what precautions are to be taken to render it safe;
b. The name of the person will use the structure;
c. The location of the principal place of business of the person;
d. The names and addresses of the officers of the applicant, if a firm or corporation;
e. The length of time the structure is intended to be used for the purposes applied for;
f. The hours of the day or night during which the structure is intended to be used as a place of assembly
g. The formula of the solution which is to be used to flameproof the structure;
h. What provisions have been made for sanitary facilities for persons using the premises on which such structure is to be erected or is maintained;
i. Such other relevant information as the fire chief may require.
⦁ The application plans required by subsection (a) of this section reasonable daylight hours shall be submitted to the fire chief at least ten days prior to the date of the opening of any structure subject to this article and he shall be notified at least 24 hours prior to the erection of the structure, so that he may inspect during reasonable daylight hours.
Sec. 10-155. Liability insurance.
The applicant for permit required by this article shall furnish evidence that a public liability insurance policy is and an amount of not less than $50,000.00 for one person and $100,000.000 for any one accident, shall be in force and effect at the time the structure is to be occupied as a place of assembly by the public.
Sec. 10-156. Bond.
The applicant for a permit required by this article shall deposit with the city treasurer a cash bond in the sum of $1000.00, conditioned upon saving harmless of the city from any and all liabilities or causes of action which might arise by virtue of the granting of a permit to the applicant and conditioned further that no damage will be done to the streets, sewers, trees or adjoining property and that no dirt, papers, litter or other debris will be permitted to remain upon the streets or upon any private property by the applicant. The cash bond shall be returned to the applicant upon certification by the chief of police that all conditions of this article have been complied with.
Sec. 10-157. Deposit for fire protection equipment.
If the fire chief determines that the attendance of fire equipment at the location of a structure subject to this article during the use of the structure as a place of assembly is necessary for the safety of persons and property, the fire chief shall require that the applicant deposit with the city clerk a sum equal to the reasonable values of the use of the necessary personnel for such time as will be requited, in order to reimburse the city for such expenses.
Sec. 10-158. Required findings of the fire chief.
The fire chief shall determine if the applicant for a permit required by this article has made provision for;
(1) Adequate aisles, seats, platforms and poles;
(2) Sufficient exits, well-marked and properly lighted;
(3) Lighted and unobstructed passageways to areas leading away from the structure;
(4) Removal, before the structure is to be used as a place of public assembly, of any pole, rope or other obstruction in any aisle or exit;
(5) Inspection before the opening by a qualified electrician. to ascertain if any defects exist in the wiring and provision made for immediate correction of any defects which may be found;
(6) Sufficient first aid fire appliances to be distributed throughout the structure with operating personnel familiar with the operation of the equipment available and assigned during the use of the structure as a place of assembly;
(7) Sufficient “no smoking” sign is visible at all times;
(8) An employee at each entrance to require the extinguishing of all cigarettes, cigars and other smoking materials;
(9) Announcement at frequent intervals to the persons in the assembly of the fact that smoking within the structure is prohibited;
(10) Proper safeguarding of any use of open flames or its use prohibited;
(11) The clearing of straw, dry grass, sawdust and any combustible trash from the structure before it is opened to the public and arrangements made to keep the areas where debris may be expected to accumulate well-serviced, especially under open seats;
(12) Proper facilities for calling the city fire department;
(13) Such special fire equipment of the city to attend at the structure during its use as a place of public assembly as the fire chief may decide is necessary for the proper fire protection;
(14) The attendance of such special police officers and firefighters as the fire chief may deem necessary for the control of persons in the assembly to prevent overcrowding, obstruction of aisles and exits and such other control as may be necessary to render the occupation of such structure by the public safe;
(15) The tents and canvas parts of the structure and all combustible decorative materials, including curtains, acoustic materials, streamers, cloth cotton batting, straw, vines, leaves, trees and moss, to be rendered fireproof.
Sec. 10-159. Sanitation inspection.
The health officer shall inspect to determine if provision has been made for satisfactory sanitary facilities on or near the premises on which the structure for which a permit required by this article is sought, maintained or is to be maintained, if there is not a current annual inspection on file.
Sec. 10-160. Issuance of conditional permit.
If the fire chief finds that the applicant has met the requirements of this article or that the requirements will be complied with by the applicant, he/she shall make an affirmative recommendation to the police chief as required by this article conditional upon such reasonable limitations and requirements as he may deem necessary for the safety of persons and property.
Sec. 10-161 Final inspections; issuance of final permit.
⦁ Upon completion of a structure subject to this article, such structure shall not be used as a place of assembly until the fire chief has inspected the entire premises upon which the structure is located.
⦁ If the fire chief finds that all of the limitations and requirements of the conditional permit and this article have been complied with and that the structure has been erected in accordance with the plans and specifications submitted with the application, he/she shall make his/her recommendation to the police chief.
Sec. 10-162. Revocation.
⦁ If the fire chief finds that a structure subject to this article, or the premises on which it is located, is being maintained in violation of any of the provisions of the permit issued pursuant to this article, or any of the provisions of this article, or in such a manner as to constitute a fire hazard, he/she shall make a recommendation to the police chief and the city council revoke the final permit to occupy the structure.
⦁ Any person whose final permit issued pursuant to this article has been revoked pursuant to subsection (a) of this section may, within ten days after receipt of a notice thereof, appeal to the city council for a hearing thereon and the decision of the city council in this regard shall be final. If no appeal is taken within ten days as provided in this subsection, the action of the fire chief shall be final.
Penalty: Any person who violates Section 10-153 through 10-162 shall be guilty of a misdemeanor, punishable by a fine not more than $500 or imprisonment for not more than (90) days, or both.
Sec. 10-163. Alcoholic beverages/Marijuana or marijuana infused products.
Anyone serving alcohol or allowing the smoking or consumption of marijuana infused products on the premises must be licensed to serve/sale alcohol/marijuana in the State of Michigan and must only serve in a building or premises where there is a liquor/marijuana license or special beer, wine or marijuana license is in effect at the licensed premises. Additionally, no. one under this article shall allow guests or patrons to bring their own alcoholic beverages/marijuana, onto the premises and no guest or patron shall be allowed to bring outside alcoholic beverages or marijuana onto the premises. Further, this section shall not apply to a bona fide private gathering as prescribed in Section 10-149 stated above, where admission is not condition upon the payment of a fee or consideration of any kind and where no fee or consideration of any kind is charged after admission,
Penalty: Any person who violates Section 10-163 shall be guilty of a misdemeanor, punishable by a fine not more than $500 or imprisonment for not more than (90) days, or both.
If anything in Sections 10-146 through 10-163 conflicts with other City or State laws governing fire code, sanitation, building inspection procedures, crowd control, or alcohol use and consumption, the other city or state laws will prevail.
Severability: Should any section, clause or provision of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity if the Ordinance as a whole, or any part thereof other than the part so declared to be invalid.
Conflicting Provisions: All ordinance or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed upon the effective date of this Ordinance.
Effective Date: This Ordinance shall be effective ten (10) thirty days after publication.