WATERLOO TOWNSHIP, JACKSON COUNTY, MICHIGAN SPECIAL OUTDOOR EVENT ORDINANCE

Ordinance No. 24-05-30-01

Adopted:  May 30th, 2024

Effective:  May 31st, 2024

At a duly called meeting of the Township Board of Waterloo Township, Jackson County, Michigan, held at the Waterloo Township Hall on May 30^th, 2024 at 7:00 p.m., Board Member Richardson moved to adopt the following Ordinance, which motion was supported by Board Member Beck.

THE TOWNSHIP OF WATERLOO, JACKSON COUNTY, MICHIGAN, ORDAINS:

SECTION 1. SPECIAL OUTDOOR EVENT – PERMIT REQUIRED

1. Definition of Large Gatherings: For the purposes of this Section, a large gathering shall be defined as a gathering of more than one hundred (100) persons, or should event utilize public resources or land, for the purposes of entertainment of an outdoor nature such as, but not limited to circuses, carnivals, theatrical exhibitions, public shows, displays, festivals, and concerts. A large gathering shall not be interpreted to include family gatherings or reunions.
2. Permit Required: No large gathering shall occur prior to the issuance of a temporary zoning permit after the approving body has determined that the large gathering will be adequately served by potable water, sewage disposal, and emergency services, and that such large gathering shall not threaten the public health, safety, and welfare.
3. Application, Permit, and Conditions
4. Application: The applicant may obtain a temporary zoning permit application for a large gathering from the Zoning Administrator, for action by the Township Board. The temporary zoning permit may be approved, modified, conditioned, or denied by the Township Board., and the Township Board may seek the comments of local fire and police protection services and other agencies providing public health, safety and welfare services.
5. Basis for Decision: In arriving at a decision regarding an application, the Township Board shall be guided by the following:
6. That the nature and intensity of the proposed large gathering and placement of any temporary structure will be compatible with existing development.
7. That the parcel shall be of sufficient size to adequately accommodate the proposed large gathering.
8. That the large gathering will be adequately served by potable water, sewage disposal, and emergency services.
9. That the location of the large gathering shall be such that adverse effects on surrounding properties will be minimal, particular regarding the traffic generated by the large gathering.
10. The off-street parking areas are of adequate size for the large gathering and properly located and the entrance and exit drives are laid out so as to prevent traffic hazards and nuisances.
11. The impact of any outdoor lighting on neighboring properties.
12. Conditions: The Township Board may impose conditions with the issuance of the permit which are designed to ensure compliance with the requirements of this Ordinance. The Township Board may revoke a permit at any time for nonconformance with the requirements of this section and a permit issued thereunder.
13. Performance Guarantee: The Township Board may require a performance guarantee in the form of cash, check or savings certificate be deposited with the Township Clerk in an amount equal to the estimated cost of removing any temporary structure authorized under this Section should it not be removed by an applicant at the end of an authorized period. The applicant shall similarly sign an affidavit holding the Township harmless against any claim for damages if the Township were to subsequently use the performance guarantee to remove the temporary structure after its authorized period had expired. The performance guarantee shall be returned when all the terms and conditions of the temporary zoning permit have been met and the temporary use or structure has been removed.

SECTION 2. AGREEMENT.

1. The applicant and sponsoring organization understand and agree to:
2. Comply with all local, state, and federal ordinances, laws, permits, and regulations, and understand that an approval does not relieve the applicant or organization from meeting any application requirements of law or of other public bodies or agencies. Applicant understands it must receive all necessary permits for this event.
3. Applicant and sponsoring organization further understand the approval of this Outdoor Special Event may include additional requirements and/or limitations based on the Township Board’s review of this application. The applicant and sponsoring organization understand that it may be necessary to meet with Township officials during the review of this application and that Township Board approval is necessary.
4. Applicant (on behalf of any organization) by signing the below agrees to defend, indemnify and hold harmless Waterloo Township, Jackson County, Michigan, from any claim, demand, suit, loss, cost of expense or any damage which may be asserted, claimed or recovered against or from this Outdoor Special Event by reason of any damage to property, personal injury or bodily injury, including death, sustained by any person whomsoever and which damage, injury or death arises out of or is incident to or in any way connected to the Outdoor Special Event, and regardless of which claim, demand, damage, loss cost of expense is caused in whole or in part by the negligence of Waterloo Township or by third parties, or by the agents, servants, or employees.
5. As the duly authorized agent of the sponsoring organization, I hereby apply for approval of this Outdoor Special Event and affirm the above understandings. The information provided on this application is true and complete to the best of my knowledge. Further, I understand and realize that this form has been drafted by the Township for convenience. I acknowledge that I need to submit information demonstrate compliance with all Outdoor Special Event Ordinance requirements regardless if they are not covered by this form.

ROLL CALL VOTE

YEAS: Walz, Richardson, Lance, Beck, McAlister

NAYS: none

ABSENT/ABSTAIN: none