The following events are specifically excluded from this ordinance:

A)

An event which is conducted or sponsored by a governmental unit or agency upon public property.

B)

Any event held entirely within the confines of a permanent or enclosed and covered structure.

A)

PERSON means any natural person, partnership, corporation, association or organization.

B)

SPONSOR means any person who organizes, promotes, conducts or causes to be conducted, an outdoor assembly.

C)

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 payment of money for admission.

D)

LICENSEE means any person to whom a license is issued pursuant to this ordinance.

A person shall not sponsor, operate, maintain or conduct or promote an outdoor assembly in these townships, unless he shall have first made application for and obtained as hereinafter prescribed, a license for each such assembly, along with a non-refundable fee of $100.00.

The application for license to conduct an outdoor assembly must be made in writing at least sixty (60) days prior to date of proposed assembly on such forms and in such manner as prescribed by the Clerk of the townships.

The application shall include at least the following information:

A)

Name, age, residence and mailing address of the person making the application (or in the case of a partnership, corporation, or other association, information shall be included as to partners, officers, directors, and/or members of the association. Where the person is a corporation, a copy of the Articles of the Incorporation shall be filed and the names and address of all shareholders having a financial interest greater than $500.00 shall be provided).

B)

A statement of the kind, character and type of proposed assembly.

C)

The address, legal description and proof of ownership of the site on 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 or dates and hours the proposed assembly is to be conducted.

E)

An estimate of the maximum number of attendance expected at the assembly for each date it is conducted.

F)

A detailed showing, explanation and demonstration that the proposed licensee can and will meet each and every requirement set forth under Section 7, entitled, Regulations and control after issuance of license.

On receipt by the Clerk, copies of the application shall be forwarded to the Chief Law Enforcement and Health Officers for the township and county, the State Fire Marshall, and to such other appropriate officials as the Clerk deems necessary. Such officer and officials shall review and investigate matters relevant to the application and within twenty days of receipt therefore shall report their findings and recommendations to the Township Board. Within thirty 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 if issued. 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 reason therefor shall be stated in the notice.

A license may be denied if the applicant fails to comply with any or all requirements of this ordinance or with any or all conditions imposed pursuant hereto or with any other applicable provision of state or local law or if the applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document.

A license shall specify the name and address of the license, the kind and location of assembly and the duration of the license and any other conditions imposed pursuant to this ordinance. 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.

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 protection of the maximum number of attendants at the assembly and for the preservation of order, protection of property in and around the assembly.

B)

WATER AND WASTE FACILITIES. The licensee shall provide potable water as approved by a County Health officer of sufficient quantity and pressure to assure proper operation of all water using facilities under conditions of peak demand. The number and type of facilities required shall be determined on the basis of the number of attendants in the following manner: toilets and lavatories at a ratio of one to every 200 attendants; drinking fountains, one to every 500 attendants; taps or faucets one to every 500 attendants. Where the assembly is to continue for more than twelve hours, the licensee shall provide shower facilities on the basis of the number of attendants at a ratio of one to 100. 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. (Public Bathing Beaches shall be provided or made available or accessible only in accordance with Act 218, Public Acts of 1967, and the rules and regulations adopted pursuant thereto and in accordance with any other applicable provision of state or local law. Public swimming pools shall be made available in accordance with Act 230, Public Acts of 1963 and the rules and regulations adopted pursuant thereto and in accordance with any other applicable provisions of state or local law.)

C)

LIQUID AND SOLID WASTE DISPOSAL. The licensee shall provide proper liquid and solid waste disposal as to neither create nor cause a nuisance or menace to the public health as determined by the County Health Department.

D)

FOOD SERVICES. If food is made available on the premises, it shall be delivered only through concessions licenses to operate in accordance with the provisions of Act 269, Public Acts of 1968, and the rules and regulations adopted pursuant thereto and in accordance with any applicable state or local law.

E)

MEDICAL FACILITIES. Each assembly must have medical services available in a suitable building. The nature and extent of such service will be determined by the County Health Department.

F)

ACCESS AND TRAFFIC CONTROL, PARKING, CAMPING AND TRAILER PARKING. Access, traffic control and parking shall be provided to insure proper ingress, egress, orderly flow of traffic and orderly parking of vehicles brought to the assembly. Traffic lanes and other spaces 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, Director of the Department of State Highway must approve the plans for access and traffic control. As to parking, the licensee shall provide a parking area sufficient to accommodate all motor vehicles, but in no case shall it provide less than one automobile space for every four attendants. The licensee shall provide electrical illumination of all occupied areas sufficient to assure the safety and comfort of all attendants.

G)

SOUND PRODUCING EQUIPMENT, including, but not limited to, public address systems, radios, phonographs, musical instruments and other sound producing 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.

H)

INSURANCE. Before the issuance of a license, the licensee shall obtain liability insurance with bodily injury limits of not less than $300,000.00 and property damage limits of not less than $50,000.00 from a company or companies approved by the Commissioner of Insurance of the State of Michigan, 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 ten days before the expiration or cancellation of said insurance.

I)

BONDING. Before the issuance of a license the licensee shall obtain from a corporate bonding company authorized to do business in Michigan, a corporate surety bond in the amount of $100,000.00 in a form to be approved by the Township Board, conditioned upon the licensee's faithful compliance with all of the terms and provisions of this ordinance and all applicable provisions of state or local law, and which shall indemnify the township, its agent, officers and employees and the 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.

J)

FIRE PROTECTION. The licensee shall at his own expense, take adequate steps as determined by the state fire marshal, to insure fire protection.

K)

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.

L)

MISCELLANEOUS. Prior to the issuance of a license, the Township Board may impose any other condition(s) reasonably calculated to protect the health, safety, welfare and property attendants or of citizens of the township.

The 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 be reference.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Wherever the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person must file a written complaint, and such a complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Administrator, who shall record properly such complaint, investigate and take action thereon as provided by this ordinance, and make an answer to the complaint.

PENALTY: Any violation of or any failure to comply with the provisions of this Ordinance shall be deemed a misdemeanor and shall be punishable by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days or both. Each day that a violation of this Ordinance is continued or permitted to exist without compliance shall constitute a separate offense punishable upon conviction in the manner prescribed in this Section provided no person shall be imprisoned for a single but continuing violation of this Ordinance for a period of longer than 90 days.

In addition to the criminal sanctions herein provided, the Porter Township Board, after resolution duly adopted, shall have the authority to proceed in any Court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate civil proceedings to prevent, enjoin, abate, or remove any violation of this Ordinance.

In addition to any and all remedies set forth in Porter Township Ordinances, the Township may request the cost of prosecution, the cost of recovery, and the cost of removal shall become a special assessment on the property upon which is the subject matter of the action.

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or part thereof other than the part so declared to be unconstitutional or invalid.