[HISTORY: Adopted by the Board of Supervisors of Franklin Township 6-7-1990
as Ch. 13, Part 5, of the 1990 Code. Amendments noted where applicable.]
This chapter shall be known as and cited as the “Franklin Township
Public Gathering Ordinance.”
A.
PERSON IN CHARGE OF PROPERTY
PUBLIC GATHERING
SPONSOR
As used in this chapter, unless the context requires
otherwise:
An owner or agent and/or his principal, occupant, lessee, contract
purchaser, or person other than the owner, having possession or control of
property in Franklin Township.
All assemblies of people gathered for purposes of public entertainment,
amusement or recreation, reasonably anticipated to number more than 1,000,
for a continuous period of two hours or more, more than 10% of whom will assemble
outdoors or in structures specially constructed, erected, or assembled for
the gathering, whether or not an admission fee is charged; in this regard,
“for purposes of public entertainment, amusement or recreation”
shall be broadly construed and shall include, but shall not be limited to,
assemblies for educational purposes, exhibitions, crafts/merchandise shows,
fairs, carnivals and the like.
Any natural person, association, partnership, firm, corporation,
joint venture, or any other legal entity whatsoever, who or which initiates,
organizes, promotes, permits, conducts or causes to be advertised, a public
gathering.
B.
Unless otherwise indicated to the contrary herein, the
singular shall include the plural usage, and references to gender shall include
the male, female and neuter.
It shall be unlawful for any sponsor, owner of property, or person in
charge of property to initiate, organize, promote, permit, conduct, or cause
to be advertised a public gathering, unless a permit has been obtained pursuant
to this chapter. A separate permit shall be required for each public gathering
for the period of time designated by the permit.
No public gathering may be held within the boundaries of Franklin Township,
Adams County, Pennsylvania, unless the sponsor, the owner of the property,
and the person in charge of property upon which the gathering will be conducted,
jointly apply for and are granted a permit as herein provided.
A.
No permit shall be granted for a public gathering of
more than 48 hours duration unless the application specifically requests,
and the permit specifically allows an extension of that period.
B.
No applicant shall be under 21 years of age.
C.
No permit may be transferred or assigned.
D.
In case of dispute over the number of people reasonably
anticipated to attend the public gathering, the decision of the Board of Supervisors
of Franklin Township shall control, based on all facts available and brought
to its attention by whatever source.
A.
Written application for each public gathering shall be
made to the Board of Supervisors of Franklin Township according to the following
schedule:
(1)
For gatherings numbering 1,000 to 2,000 persons, written
application must be made 30 days prior to the first day upon which public
announcement, promotion or advertising is to be made or the day upon which
the public gathering is to commence, whichever occurs first.
(2)
For gatherings numbering 2,000 or more persons, written
application must be made 60 days prior to the first day upon which public
announcement, promotion or advertising is to be made or the day upon which
the public gathering is to commence, whichever occurs first.
(3)
In the event that public announcement, promotion or advertising
of the subject public gathering has been made prior to the effective date
of this chapter, written application for the required permit shall be made
as far in advance of the proposed commencement date as is possible under the
circumstances, but in no event less than 30 days in advance of the proposed
commencement date, and in no event later than 15 days after the date a copy
of this chapter is mailed to any prospective applicant.
B.
Applications shall be made on forms specified by the
Board of Supervisors of Franklin Township and shall contain at least the following
information:
(1)
The full legal names, addresses and telephone numbers
of all sponsors.
(2)
The full legal name and address of the owner and person
in charge of the property to be utilized for the public gathering.
(3)
If the sponsor-applicant is a partnership or joint venture,
then all partners and parties to the joint venture thereto shall sign as applicants.
If the sponsor-applicant is a corporation, copies of the Articles of Incorporation,
and corporate resolution authorizing the application shall be required.
(4)
The location and address of the property to be utilized
for the public gathering.
(5)
The program for the public gathering, or if no program
is prepared, a narrative statement as to the purpose for which the public
gathering is to be conducted.
(6)
A diagrammatic plan of the proposed site of the public
gathering, showing the locations and dimensions of the area where the programmed
entertainment, amusement or recreation is to be conducted, areas for spectators
or persons attending the event, all structures existing and to be constructed
or erected, proposed parking area(s) and service roads, potable water facilities,
sanitary facilities, sewage disposal facilities, medical service facilities,
facilities for and distribution of security personnel, and facilities for
food and beverage storage, preparation, and service, as well as camping facilities
and projected plans for enclosure, if necessary, of the proposed site.
(7)
Evidence that all permits and licenses as required by
federal, state and county statutes, ordinances and regulations enacted thereunder
have been obtained, or will be obtained.
(8)
A statement of the number of persons expected to attend
such event and the duration of such event.
(9)
A statement regarding the first day upon which public
announcement, promotion, or advertising is to be made.
(10)
Specific information and details relating to:
(a)
Food and drink facilities and providers thereof.
(b)
Sanitary and waste disposal facilities and providers
thereof.
(c)
Transportation and parking facilities.
(d)
Security and protection of surrounding areas, including
specific reference to the number of security personnel assisting in the control
of traffic and supervision of those attending, and providers thereof.
(e)
On-site medical facilities and providers thereof.
(f)
Janitorial services and post-gathering trash removal
and site restoration and providers thereof.
(g)
Lighting and other utility services.
(11)
Certificates of insurance issued by an insurance company
licensed to do business in Pennsylvania, evidencing comprehensive general
liability, or special event public liability, in an amount of at least $1,000,000
for personal liability and $1,000,000 for property damage, which policies
shall name the Township as additional named insured party.
(12)
A statement containing the names and addresses of licensed
ticket printers to be used and the plans for assuring the return of monies
upon the termination or cancellation of the event as well as the means of
notifying potential and existing ticket holders or vendors of such cancellation,
where the anticipated number of people attending is over 2,000 persons.
(13)
Examples of proposed advertising of the event, if any.
(14)
Applicants' statement that they shall abide by the
terms and provisions of this chapter, and all laws, rules and regulations
of the United States, Commonwealth of Pennsylvania, County of Adams and Township
of Franklin.
C.
Each application shall be accompanied with a cash fee
to cover the cost of inspection, investigation, issuance, and administration
of the permit in the following amounts. No part of the permit fee is refundable
under any circumstances.
|
Persons reasonably anticipated
|
Fee
| |
|---|---|---|
|
1,000 to 1,500
|
$100
| |
|
1,501 to 2,000
|
$150
| |
|
2,001 to 3,500
|
$250
| |
|
3,501 to 5,000
|
$350
| |
|
5,001 to 10,000
|
$500
| |
|
Over 10,000
|
$1,000
|
D.
The Franklin Township Board of Supervisors, or its agent, shall either grant or deny the application for permit, subsequent to receipt of a proper, complete, written application conforming to all of the requirements of this § 59-5, according to the following schedule:
(1)
For gatherings numbering 1,000 to 2,000 persons, 10 days
prior to the first day upon which public announcement, promotion or advertising
is to be made or the day upon which the public gathering is to commence, whichever
occurs first.
(2)
For gatherings numbering 2,000 or more, 20 days prior
to the first day upon which public announcement, promotion or advertising
is to be made or the day upon which the public gathering is to commence, whichever
occurs first.
A.
As an additional condition to the issuance of a permit
for a public gathering as defined herein, the Township may require, at its
discretion after consideration of the application submitted, that the applicant
submit a bond, with licensed commercial surety, irrevocable letter of credit
or cash as a security deposit in an amount to be determined in accord with
the schedule set forth below and in a form approved by the Township Solicitors
to save and protect and indemnify the Township from any loss or expense sustained
as a result of:
(1)
Loss and damage to Township streets, pavements, bridges,
road signs, and all other Township property caused by persons sponsoring,
working at, or attending and participating in the public gathering and any
vehicles or other instrumentalities in their control; and
(2)
Failure of the persons to whom a permit was issued to
perform their obligations under the permit granted by the Township, including,
but not limited to, such things as restoring the premises where the public
gathering was held to a sanitary condition, or providing necessary security
or traffic control.
B.
The corporate bond of indemnity, irrevocable letter of
credit or cash deposit shall be in the following amounts:
|
Persons Reasonably Anticipated
|
Cash Deposit or Bond Amount
| |
|---|---|---|
|
1,000 to 1,500
|
$500
| |
|
1,501 to 2,000
|
$1,000
| |
|
2,001 to 3,500
|
$2,000
| |
|
3,501 to 5,000
|
$5,000
| |
|
5,001 to 10,000
|
$10,000
| |
|
Over 10,000
|
$25,000
|
A.
Any permit issued by the Board of Supervisors of Franklin
Township, or its duly appointed agent, shall be expressly conditioned upon
satisfaction and completion of the conditions recited in this section, according
to the following schedule:
B.
Failure to satisfy the following conditions within the
time frames set forth above shall constitute grounds for the immediate revocation
of the permit by the Township and the cancellation of the public gathering:
(1)
Sanitary facilities. Written approval of the Pennsylvania
Department of Environmental Protection or other responsible governmental agency,
indicating that applicants' plan for swimming, potable water supply,
sanitary toilet facilities, sewage disposal facilities, washing facilities,
and food preparation and service facilities conform with applicable laws,
ordinances, rules and regulations relating to the public health.
(2)
Public safety:
(a)
Security. Applicants must demonstrate that a plan, and
means to implement the plan, exists to provide for adequate traffic control
and crowd control, which plan must include one security person for every 50
motor vehicles reasonably anticipated to be at the location and one security
person for each 150 persons reasonably anticipated to be in attendance. Identification
of the security personnel, or company or persons supplying this service, must
be provided.
(b)
Enclosures. Applicants must demonstrate that a plan,
and means to implement the plan, exists to have the location where the public
gathering is to be held enclosed with snow fencing or other similar material
of equivalent strength of not less than four feet in height, if admission
is charged and attendance is reasonably expected to exceed 2,000 persons.
(c)
Medical services. Applicants must demonstrate that a
plan, and a means to implement the plan, exists to provide sufficient medical
services to the public gathering. Each public gathering shall have as a minimum
one ambulance staffed by two adult individuals trained in first-aid techniques
in attendance at all times. Identification of the company or person supplying
this service must be provided.
(d)
Parking facilities. Applicants must demonstrate that
a plan, and a means to implement the plan, exists to provide adequate parking
facilities appropriate to the anticipated number of persons in attendance.
There must be adequate parking facilities to accommodate one vehicle for every
four persons reasonably anticipated to be in attendance. There must also be
provided adequate ingress and egress to and from parking areas to facilitate
the movement of any vehicle at any time to or from the parking area and to
permit access by emergency vehicles.
(3)
Structures. All facilities, including structures, stages,
lighting facilities, sanitary facilities and other utilities to be specially
assembled, constructed, installed, or erected for the public gathering, must
be in place and be approved by appropriate state and federal regulatory agencies,
if their regulations apply, and by the Township or its duly appointed agent.
A.
The public gathering permittees must maintain the sanitary
and sewage facilities, parking facilities, security and traffic control personnel
and medical service facilities, and other facilities and utilities provided
in accordance with the plans submitted and approved, and in a safe and healthful
manner. In general, the public gathering must be conducted in strict accordance
with the application and the conditions of approval thereof.
B.
No permittee, or persons having control of the public
gathering, shall condone any illegal conduct on the premises, including, but
not limited to, disorderly conduct or illegal possession, sale, or use of
intoxicating beverages or drugs.
C.
The burden of preserving order during the public gathering
is upon the permittees of the public gathering. Any violation of the laws
of the Commonwealth of Pennsylvania, or its rules and regulations, or of the
terms and conditions of this chapter, or other ordinances of Adams County
or Franklin Township, or of the conditions of the permit granted hereunder,
may be cause for immediate revocation of the permit by the Board of Supervisors
of Franklin Township or by the Pennsylvania Department of Environmental Protection
or by the Pennsylvania State Police, upon notification to the person in charge
that a violation exists and the failure of the person in charge to take immediate
action to correct the violation. Upon revocation of any permit, the permittees
of the public gathering shall immediately terminate the assembly and provide
for the orderly dispersal of those in attendance.
D.
The Board of Supervisors of Franklin Township, its authorized
agents and representatives, shall be granted access to the public gathering
at all times for the purpose of inspection and enforcement of the terms and
conditions imposed herein.
E.
No programmed entertainment, amusement or recreation
or use of sound amplification equipment shall be provided or permitted between
the hours of 11:00 p.m. and 10:00 a.m., and shall not be operated at any time
in a location which is less than 500 feet from any school, church, nursing
home or health care facility.
F.
Any applicant with more than 10% proprietary interest
in the public gathering, and the owner of property or person in charge of
the property, or their designated agents or representatives, shall be required
to be in attendance at all times during the public gathering and shall be
responsible for insuring that no person shall be allowed to remain on the
premises who is violating any state or Township laws, ordinance, rules or
regulations.
G.
Public gatherings operating without a permit under this
chapter based on a reasonable anticipation of less than 1,000 persons in attendance,
shall limit attendance therein to 999 persons, and printed tickets, if utilized,
cannot number more than 999.
H.
At the conclusion of the public gathering, the permittees
shall terminate the assembly or gathering and shall supervise the orderly
dispersal of those in attendance. No one shall be permitted to remain overnight
on the licensed premises, except permanent residents, unless overnight camping
or other facilities were approved by the Township pursuant to the application
process and this chapter.
This chapter shall in no way be a substitute for, nor eliminate the
necessity of, complying with any and all federal, state, county and Township
laws, ordinances, rules and regulations, which are now, or may be in the future,
in effect which pertain to the conduct of public gatherings.
Any person who initiates, organizes, promotes, permits, conducts or
causes to be advertised a public gathering without first obtaining the permit
provided in this chapter, or who knowingly conducts, permits or allows a public
gathering with a permit but in violation of the terms and provisions of this
chapter or of the permit granted, or who shall counsel, aid or abet such violation
or failure to comply, shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof, the
defendant may be sentenced to imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
