2014 Indiana Code TITLE 16. HEALTH ARTICLE 41. PUBLIC HEALTH MEASURES FOR THE PREVENTION AND CONTROL OF DISEASE CHAPTER 22. HEALTH, SANITATION, AND SAFETY: MASS GATHERINGS
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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, an
auditorium, a coliseum, or other similar permanently established
place of assembly for assemblies that do not exceed by more than two
hundred fifty (250) people the maximum seating capacity of the
structure where the assembly is held.
(b) This chapter does not apply to government sponsored fairs
held on regularly established fairgrounds or to assemblies required to
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 and
that were observed or celebrated at least two (2) times before January
1, 1973.
(d) This chapter does not apply to assemblies that are held on land
owned 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 of
individuals gathered together at any location at any one (1) time for
any 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 the
following:
(1) County executive of a county.
(2) City-county fiscal and legislative body of a consolidated
city.
(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, or
county.
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 five
thousand (5,000) people that continues or can reasonably be expected
to continue for at least eighteen (18) consecutive hours, whether on
public or private property, unless a license to hold the assembly has
first been issued by the appropriate law enforcement official of the
unit in which the assembly is to gather. A license to hold an assembly
issued to one (1) person permits any person to engage in any lawful
activity 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 each
location in which at least five thousand (5,000) people assemble or
can reasonably be anticipated to assemble and can reasonably be
expected 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 maximum
number of people stated in the license. The licensee may not sell
tickets to or permit to assemble at the licensed location more than the
maximum 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 to
carry unreasonably beyond the boundaries of the location of the
assembly.
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, the
applicant must comply with this section.
(b) The applicant must determine the maximum number of people
that will be assembled or admitted to the location of the assembly.
The maximum number may not exceed the maximum number that
can reasonably assemble at the location of the assembly. If the
assembly is to continue overnight, the maximum number is not more
than is allowed to sleep within the boundaries of the location of the
assembly 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 with
sufficient capacity to accommodate the number of persons
expected to be in attendance.
(2) The applicant, at the applicant's own expense, before the
assembly commences, will do the following:
(A) Furnish potable water that meets the following
conditions:
(i) Meets all federal and state requirements for purity.
(ii) Is sufficient to provide drinking water for the
maximum number of people to be assembled at the rate of
at least one (1) gallon per person per day and water for
bathing at the rate of at least ten (10) gallons per person
per day.
(B) Furnish separate, enclosed toilets for males and females
that 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 maximum
number of people to be assembled, at the rate of at least
one (1) toilet for every one hundred fifty (150) females and
at least one (1) toilet for each two hundred (200) males.
(C) Furnish a lavatory with running water under pressure and
a continuous supply of soap and paper towels with each
toilet.
(D) Provide, together with the toilets, an efficient, sanitary
means of disposing of waste matter deposited in compliance
with all state and local laws and rules.
(E) Provide a sanitary method of disposing of solid waste, in
compliance with state and local laws and rules, sufficient to
dispose of the solid waste production of the maximum
number of people to be assembled, at the rate of at least two
and one-half (2 1/2) pounds of solid waste per person per
day.
(F) Provide a plan for holding and collecting all solid waste
at least one (1) time each day of the assembly and provide
sufficient trash cans with tight fitting lids and personnel to
perform the task.
(G) Provide physicians and nurses licensed to practice in
Indiana, at the rate of at least one (1) physician for every ten
thousand (10,000) people and at least one (1) nurse for every
five thousand (5,000) people anticipated to be assembled,
with one-half (1/2) of the physicians and nurses to be on the
site for which the license has been issued and the other
one-half (1/2) to be readily available.
(H) Provide an enclosed covered structure where treatment
may be provided containing a separately enclosed treatment
room for each physician.
(I) Provide at least one (1) emergency ambulance available
at all times.
(J) If the assembly is to continue during hours of darkness,
provide illumination sufficient to light the entire area of the
assembly at the rate of at least five (5) foot candles.
However, the illumination may not shine unreasonably
beyond the boundaries of the location of the assembly.
(K) Provide a free parking area inside the assembly grounds
sufficient to provide parking space for the maximum number
of 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 sufficient
to provide for the maximum number of people to be
assembled, at the rate of at least one (1) separate line and
receiver for each one thousand (1,000) people.
(M) If the assembly is to continue overnight, provide
camping facilities in compliance with all state and local
requirements, sufficient to provide camping accommodations
for the maximum number of people to be assembled.
(N) Provide security guards:
(i) who are either regularly employed, duly sworn, off duty
law enforcement officers or private guards licensed in
Indiana; and
(ii) sufficient to provide adequate security for the
maximum number of people to be assembled, at a rate of
at least one (1) security guard for each seven hundred fifty
(750) people.
(O) Provide fire protection that meets the following
conditions:
(i) Includes alarms, extinguishing devices, fire lanes, and
escapes.
(ii) Is sufficient to meet all state and local standards for the
location of the assembly.
(iii) Includes sufficient emergency personnel to operate
efficiently the required equipment.
(P) Take all reasonably necessary precautions to ensure that
the sound of the assembly will not carry unreasonably
beyond the enclosed boundaries of the location of the
assembly.
(Q) File a bond with the clerk of the unit in which the
assembly is to gather. The bond must meet the following
conditions:
(i) Be either in cash or underwritten by a surety agent
licensed to do business in Indiana.
(ii) Be issued at the rate of four dollars ($4) per person for
the maximum number of people permitted to assemble.
(iii) Indemnify and hold harmless the unit or the unit's
agents, officers, or employees from any liability or causes
of action that might arise by reason of granting the license
and from any cost incurred in cleaning up any waste
material produced or left by the assembly.
(iv) Guarantee the state the payment of any taxes that
accrue as a result of the gathering.
(v) Guarantee reimbursement of ticketholders if the event
is canceled.
(vi) Guarantee repayment to any unit for actual expenses
of repair or replacement of property owned by the unit or
for 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 anticipated
assembly of at least five thousand (5,000) persons that can reasonably
be expected to continue for at least eighteen (18) consecutive hours
must be made in writing to the chief of police of the municipality or
sheriff of the county at least sixty (60) days in advance of the
assembly. The application must be accompanied by the bond required
by section 10(c)(2)(Q) of this chapter and the license 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 the
application is made shall on the same day forward the application
with the chief of police's or sheriff's recommendations to the local
health department.
(b) The local health department shall examine the application and
make the investigation that the local health department considers
necessary and either approve or disapprove the application not more
than fifteen (15) days after receipt. Immediately after making a
determination, the local health department shall return the
application, marked approved or disapproved, to the sheriff or chief
of police who submitted the application.
(c) The sheriff or chief of police shall notify the applicant within
five (5) days that the application has been disapproved or that the
sheriff or chief of police will issue the license. The sheriff or chief of
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 oath
or affirmation that the statements contained in the application are true
and correct to the best knowledge of the applicant. The statement
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, or a
group.
(5) All members of an association, a society, or a group if there
are 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 each
person required to sign the application by section 13 of this
chapter and, in the case of a corporation, a certified copy of the
articles 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 which
the assembly is to be held, together with the name, residence,
and mailing address of the record owner or owners of all the
property.
(3) Proof of ownership of all property on which the assembly is
to be held, or a statement made upon oath or affirmation by the
record owner or owners of all property that the applicant has
permission to use the property for an assembly of at least five
thousand (5,000) persons.
(4) The nature or purpose of the assembly.
(5) The total number of days or hours during which the
assembly is to last.
(6) The maximum number of persons that the applicant will
permit to assemble at any time, not to exceed the maximum
number that can reasonably assemble at the location of the
assembly, in consideration of the nature of the assembly, or the
maximum number of persons allowed to sleep within the
boundaries of the location of the assembly by the zoning
ordinances 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 of
people 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 solid
waste materials.
(12) The plans to provide for medical facilities, including the
names, addresses, and hours of availability of physicians and
nurses, and provisions for emergency ambulance service.
(13) The plans, if any, to illuminate the location of the
assembly, including the source, amount of power, and the
location of lamps.
(14) The plans for parking vehicles, including size and location
of lots, points of highway access, interior roads, and routes
between 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 facilities
and the locations of the facilities.
(17) The plans for security, including the number of guards, the
guards' employment, names, addresses, credentials, and hours
of availability.
(18) The plans for fire protection, including the number, type,
and location of all protective devices including alarms and
extinguishers, and the number of emergency fire personnel
available to operate the equipment.
(19) The plans for sound control and sound amplification, if
any, including the number, location, and power of amplifiers
and speakers.
(20) The plans for food concessions and concessionaires who
will be allowed to operate on the grounds, including the names
and 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 be
processed not more than twenty (20) days after receipt and must be
issued 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 by the
governing body of the unit issuing the license at any time if any of
the conditions necessary for the issuing of or contained in the license
are not met or if any condition previously met ceases to be met.
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 a
license under this chapter may appeal to the circuit court of the
county in which the assembly was to gather. The appeal must be
taken 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 the
injunction 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 or
condition 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 public
health, safety, or welfare is or may be affected, or where damage or
obstruction may occur, the authority may close an access road to or
from 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 this chapter
or violates a condition on which the person is granted a license
commits a Level 6 felony.
As added by P.L.2-1993, SEC.24. Amended by P.L.158-2013,
SEC.246.
IC 16-41-22-22
Violations
Sec. 22. (a) Except as otherwise provided, a person who recklessly
violates or fails to comply with this chapter commits a Class B
misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.
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