CHAPTER 22. HEALTH, SANITATION, AND SAFETY: MASS GATHERINGS
IC 16-41-22
Chapter 22. Health, Sanitation, and Safety: Mass Gatherings
IC 16-41-22-1
Exemptions from application of chapter
Sec. 1. (a) This chapter does not apply to a regularly established,permanent place of worship, a stadium, an athletic field, an arena, anauditorium, a coliseum, or other similar permanently establishedplace of assembly for assemblies that do not exceed by more thantwo hundred fifty (250) people the maximum seating capacity of thestructure where the assembly is held.
(b) This chapter does not apply to government sponsored fairsheld on regularly established fairgrounds or to assemblies requiredto be licensed by other statutes or ordinances.
(c) This chapter does not apply to local or regional festivals,celebrations, or events that are held on an annual or regular basis andthat were observed or celebrated at least two (2) times before January1, 1973.
(d) This chapter does not apply to assemblies that are held on landowned or leased by the state or the federal government.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-2
Assembly
Sec. 2. As used in this chapter, "assembly" means a collection ofindividuals gathered together at any location at any one (1) time forany purpose.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-3
Governing body
Sec. 3. As used in this chapter, "governing body" means thefollowing:
(1) County executive of a county.
(2) City-county fiscal and legislative body of a consolidatedcity.
(3) Fiscal and legislative body of a city.
(4) Town fiscal and legislative body.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-4
Unit
Sec. 4. As used in this chapter, "unit" means a city, town, orcounty.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-5
Licenses to hold assemblies
Sec. 5. A person may not:
(1) permit; (2) maintain;
(3) promote;
(4) conduct;
(5) advertise;
(6) act as entrepreneur;
(7) undertake;
(8) organize;
(9) manage; or
(10) sell or give tickets to;
an actual or a reasonably anticipated assembly of at least fivethousand (5,000) people that continues or can reasonably be expectedto continue for at least eighteen (18) consecutive hours, whether onpublic or private property, unless a license to hold the assembly hasfirst been issued by the appropriate law enforcement official of theunit in which the assembly is to gather. A license to hold an assemblyissued to one (1) person permits any person to engage in any lawfulactivity in connection with the holding of the licensed assembly.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-6
Separate licenses
Sec. 6. A separate license is required for each day and eachlocation in which at least five thousand (5,000) people assemble orcan reasonably be anticipated to assemble and can reasonably beexpected to continue for at least eighteen (18) consecutive hours.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-7
License fees
Sec. 7. The fee for each license is one hundred dollars ($100),payable to the state.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-8
Maximum attendance
Sec. 8. A license permits the assembly of only the maximumnumber of people stated in the license. The licensee may not selltickets to or permit to assemble at the licensed location more than themaximum permissible number of people.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-9
Noise restriction
Sec. 9. The licensee may not permit the sound of the assembly tocarry unreasonably beyond the boundaries of the location of theassembly.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-10
Conditions for licensing Sec. 10. (a) Before an applicant may be issued a license, theapplicant must comply with this section.
(b) The applicant must determine the maximum number of peoplethat will be assembled or admitted to the location of the assembly.The maximum number may not exceed the maximum number thatcan reasonably assemble at the location of the assembly. If theassembly is to continue overnight, the maximum number is not morethan is allowed to sleep within the boundaries of the location of theassembly by zoning or health ordinances of the unit.
(c) The applicant must provide proof of the following:
(1) Food concessions will be in operation on the grounds withsufficient capacity to accommodate the number of personsexpected to be in attendance.
(2) The applicant, at the applicant's own expense, before theassembly commences, will do the following:
(A) Furnish potable water that meets the followingconditions:
(i) Meets all federal and state requirements for purity.
(ii) Is sufficient to provide drinking water for themaximum number of people to be assembled at the rate ofat least one (1) gallon per person per day and water forbathing at the rate of at least ten (10) gallons per personper day.
(B) Furnish separate, enclosed toilets for males and femalesthat meet the following conditions:
(i) Meet all state and local specifications.
(ii) Are conveniently located throughout the grounds.
(iii) Are sufficient to provide facilities for the maximumnumber of people to be assembled, at the rate of at leastone (1) toilet for every one hundred fifty (150) femalesand at least one (1) toilet for each two hundred (200)males.
(C) Furnish a lavatory with running water under pressureand a continuous supply of soap and paper towels with eachtoilet.
(D) Provide, together with the toilets, an efficient, sanitarymeans of disposing of waste matter deposited in compliancewith all state and local laws and rules.
(E) Provide a sanitary method of disposing of solid waste, incompliance with state and local laws and rules, sufficient todispose of the solid waste production of the maximumnumber of people to be assembled, at the rate of at least twoand one-half (2 1/2) pounds of solid waste per person perday.
(F) Provide a plan for holding and collecting all solid wasteat least one (1) time each day of the assembly and providesufficient trash cans with tight fitting lids and personnel toperform the task.
(G) Provide physicians and nurses licensed to practice inIndiana, at the rate of at least one (1) physician for every ten
thousand (10,000) people and at least one (1) nurse for everyfive thousand (5,000) people anticipated to be assembled,with one-half (1/2) of the physicians and nurses to be on thesite for which the license has been issued and the otherone-half (1/2) to be readily available.
(H) Provide an enclosed covered structure where treatmentmay be provided containing a separately enclosed treatmentroom for each physician.
(I) Provide at least one (1) emergency ambulance availableat all times.
(J) If the assembly is to continue during hours of darkness,provide illumination sufficient to light the entire area of theassembly at the rate of at least five (5) foot candles.However, the illumination may not shine unreasonablybeyond the boundaries of the location of the assembly.
(K) Provide a free parking area inside the assembly groundssufficient to provide parking space for the maximum numberof people to be assembled, at the rate of at least one (1)parking space for every four (4) persons.
(L) Provide telephones connected to outside lines sufficientto provide for the maximum number of people to beassembled, at the rate of at least one (1) separate line andreceiver for each one thousand (1,000) people.
(M) If the assembly is to continue overnight, providecamping facilities in compliance with all state and localrequirements, sufficient to provide campingaccommodations for the maximum number of people to beassembled.
(N) Provide security guards:
(i) who are either regularly employed, duly sworn, off dutylaw enforcement officers or private guards licensed inIndiana; and
(ii) sufficient to provide adequate security for themaximum number of people to be assembled, at a rate ofat least one (1) security guard for each seven hundred fifty(750) people.
(O) Provide fire protection that meets the followingconditions:
(i) Includes alarms, extinguishing devices, fire lanes, andescapes.
(ii) Is sufficient to meet all state and local standards for thelocation of the assembly.
(iii) Includes sufficient emergency personnel to operateefficiently the required equipment.
(P) Take all reasonably necessary precautions to ensure thatthe sound of the assembly will not carry unreasonablybeyond the enclosed boundaries of the location of theassembly.
(Q) File a bond with the clerk of the unit in which theassembly is to gather. The bond must meet the following
conditions:
(i) Be either in cash or underwritten by a surety agentlicensed to do business in Indiana.
(ii) Be issued at the rate of four dollars ($4) per person forthe maximum number of people permitted to assemble.
(iii) Indemnify and hold harmless the unit or the unit'sagents, officers, or employees from any liability or causesof action that might arise by reason of granting the licenseand from any cost incurred in cleaning up any wastematerial produced or left by the assembly.
(iv) Guarantee the state the payment of any taxes thataccrue as a result of the gathering.
(v) Guarantee reimbursement of ticketholders if the eventis canceled.
(vi) Guarantee repayment to any unit for actual expensesof repair or replacement of property owned by the unit orfor which the unit is responsible.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-11
License applications
Sec. 11. Application for a license to hold an actual or anticipatedassembly of at least five thousand (5,000) persons that canreasonably be expected to continue for at least eighteen (18)consecutive hours must be made in writing to the chief of police ofthe municipality or sheriff of the county at least sixty (60) days inadvance of the assembly. The application must be accompanied bythe bond required by section 10(c)(2)(Q) of this chapter and thelicense fee required by section 7 of this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-12
Approval of licenses
Sec. 12. (a) The chief of police or the sheriff to whom theapplication is made shall on the same day forward the applicationwith the chief of police's or sheriff's recommendations to the localhealth department.
(b) The local health department shall examine the application andmake the investigation that the local health department considersnecessary and either approve or disapprove the application not morethan fifteen (15) days after receipt. Immediately after making adetermination, the local health department shall return theapplication, marked approved or disapproved, to the sheriff or chiefof police who submitted the application.
(c) The sheriff or chief of police shall notify the applicant withinfive (5) days that the application has been disapproved or that thesheriff or chief of police will issue the license. The sheriff or chiefof police may issue the license provided for in this chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.142-1995,SEC.24.
IC 16-41-22-13
Statement of truth and accuracy of information
Sec. 13. The application must contain a statement made upon oathor affirmation that the statements contained in the application aretrue and correct to the best knowledge of the applicant. Thestatement must be signed and sworn to or affirmed by the following:
(1) The individual for an individual.
(2) All officers for a corporation.
(3) All partners for a partnership.
(4) All officers of an unincorporated association, a society, ora group.
(5) All members of an association, a society, or a group if thereare no officers.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-14
Contents of license applications
Sec. 14. The application must disclose the following:
(1) The name, age, residence, and mailing address of eachperson required to sign the application by section 13 of thischapter and, in the case of a corporation, a certified copy of thearticles of incorporation together with the name, age, residence,and mailing address of each person holding at least ten percent(10%) of the stock of the corporation.
(2) The address and legal description of all property on whichthe assembly is to be held, together with the name, residence,and mailing address of the record owner or owners of all theproperty.
(3) Proof of ownership of all property on which the assembly isto be held, or a statement made upon oath or affirmation by therecord owner or owners of all property that the applicant haspermission to use the property for an assembly of at least fivethousand (5,000) persons.
(4) The nature or purpose of the assembly.
(5) The total number of days or hours during which theassembly is to last.
(6) The maximum number of persons that the applicant willpermit to assemble at any time, not to exceed the maximumnumber that can reasonably assemble at the location of theassembly, in consideration of the nature of the assembly, or themaximum number of persons allowed to sleep within theboundaries of the location of the assembly by the zoningordinances of the unit if the assembly is to continue overnight.
(7) The maximum number of tickets to be sold, if any.
(8) The plans of the applicant to limit the maximum number ofpeople permitted to assemble.
(9) The plans for supplying potable water, including the source,amount available, and location of outlets.
(10) The plans for providing toilet and lavatory facilities,including the source, number, location, and type and the means
of disposing of waste deposited.
(11) The plans for holding, collecting, and disposing of solidwaste materials.
(12) The plans to provide for medical facilities, including thenames, addresses, and hours of availability of physicians andnurses, and provisions for emergency ambulance service.
(13) The plans, if any, to illuminate the location of theassembly, including the source, amount of power, and thelocation of lamps.
(14) The plans for parking vehicles, including size and locationof lots, points of highway access, interior roads, and routesbetween highway access and parking lots.
(15) The plans for telephone service, including the source,number, and location of telephones.
(16) The plans for camping facilities, if any, including facilitiesand the locations of the facilities.
(17) The plans for security, including the number of guards, theguards' employment, names, addresses, credentials, and hoursof availability.
(18) The plans for fire protection, including the number, type,and location of all protective devices including alarms andextinguishers, and the number of emergency fire personnelavailable to operate the equipment.
(19) The plans for sound control and sound amplification, ifany, including the number, location, and power of amplifiersand speakers.
(20) The plans for food concessions and concessionaires whowill be allowed to operate on the grounds, including the namesand addresses of all concessionaires and the concessionaires'license or permit numbers.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-15
Processing of applications and issuance of licenses
Sec. 15. An application for a license under this chapter must beprocessed not more than twenty (20) days after receipt and must beissued if all conditions are met.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-16
Revocation of licenses
Sec. 16. A license issued under this chapter may be revoked bythe governing body of the unit issuing the license at any time if anyof the conditions necessary for the issuing of or contained in thelicense are not met or if any condition previously met ceases to bemet.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-17
Appeals from denial or revocation of licenses Sec. 17. A person aggrieved by the denial or revocation of alicense under this chapter may appeal to the circuit court of thecounty in which the assembly was to gather. The appeal must betaken not more than fifteen (15) days after the denial or revocation.The appeal is privileged.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-18
Injunctions
Sec. 18. This chapter may be enforced by injunction, and theinjunction has statewide application.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-19
Public nuisance
Sec. 19. The holding of an assembly in violation of a provision orcondition contained in this chapter constitutes a public nuisance.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-20
Traffic control
Sec. 20. When the licensing authority determines that the publichealth, safety, or welfare is or may be affected, or where damage orobstruction may occur, the authority may close an access road to orfrom the site of the assembly or otherwise control or limit traffic.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-21
License violations
Sec. 21. A person who knowingly violates section 5 of thischapter or violates a condition on which the person is granted alicense commits a Class D felony.
As added by P.L.2-1993, SEC.24.
IC 16-41-22-22
Violations
Sec. 22. (a) Except as otherwise provided, a person whorecklessly violates or fails to comply with this chapter commits aClass B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.