[HISTORY: Adopted by the Township Council of the Township of Washington
11-2-1992 by Ord. No. 3-92. Amendments noted where applicable.]
As used in this chapter, unless the context requires otherwise, the
following terms shall have the meaning indicated:
An agent, occupant, lessee, contract purchaser or person other than
the owner, having possession or control of property in Washington Township.
All assemblies of people open to the public, or where the public
at large is invited to attend, reasonably anticipated to number more than
100 people 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.
The term "public gathering" shall not include annual gatherings, such as county
fairs, old times gatherings and reunions, held on property dedicated to general
public assemblage or any performance or exhibition that, in the opinion of
Washington Township Council, is conducted solely for benevolent or charitable
purposes.
Any natural person, association, partnership, firm, corporation,
joint venture or any other legal entity whatsoever who initiates, organizes,
promotes, permits, conducts or causes to be advertised a public gathering.
A.Â
It shall be unlawful for any sponsor, owner of property
or person in charge of property in initiate, 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. Public gatherings in excess
of 1,000 persons are hereby prohibited.
B.Â
In the event that more than one application for a permit
is made in whole or in part for the same forty-eight-hour period, Washington
Township Council, in its discretion for the public health, safety and welfare
of the citizens of Washington Township, may limit the number of public assemblies
under this chapter to one. In such event, the first applicant to successfully
complete the application process as defined by this chapter shall prevail.
No public gatherings may be held within the boundaries of Washington
Township, Erie County, Pennsylvania, unless the sponsor, the owner of 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.Â
No permit shall be available for an extent of more than
48 hours' duration unless the applicant requests and the permit specifically
allows for an extension of that period.
B.Â
No applicant shall be under 21 years of age.
C.Â
No permit may be transferred or assigned.
D.Â
In case of a dispute over the number of people reasonably
anticipated to attend the public gathering, the decision of Washington Township
Council shall control.
E.Â
An application for the permit required by this chapter
must be filed with the Township Manager at least 30 days before the date on
which the public gathering is proposed to be held.
A.Â
Applications shall be made on forms specified by Washington
Township Council and shall contain at least the following information:
(1)Â
The full legal name, address and telephone numbers of
all sponsors.
(2)Â
The full legal name, address and telephone number of
the owner and person in charge of the property to be utilized for the public
gathering.
(3)Â
If the sponsor-applicant is a partnership or joint venture,
then all parties thereto shall sign as applicants. If the sponsor-applicant
is a corporation, copies of the Articles of Incorporation, bylaws and corporate
resolution authorizing the application shall be required.
(4)Â
The location and address of the property to be utilized
for the public gathering.
(5)Â
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)Â
A diagrammatic sketch plan of the proposed site of the
mass gathering, showing the locations and dimensions of the proposed service
roads, potable water facilities, medical service facilities, distribution
of security personnel and provisions for food storage, as well as camping
facilities and projected plans for enclosure.
(7)Â
Evidence that all permits and licenses as required by
state and county statutes and rules and regulations enacted thereunder have
been obtained or will be obtained, or a written statement from the proper
authorities stating that said permits or licenses shall not be required.
(8)Â
A statement of the number of persons expected to attend
such event and the duration of such attendance.
(9)Â
The specific details relating to:
(a)Â
The server preparation, service and storage of food and
drink and the provider thereof.
(b)Â
The sanitary and waste disposal facilities intended to
be available and the provider thereof.
(c)Â
Transportation and parking facilities.
(d)Â
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.
(e)Â
On-site medical facilities and hospital care.
(f)Â
Janitorial services and postgathering trash removal and
site restoration.
(g)Â
Lighting and other utility services.
(10)Â
A certified copy of the bond or verified evidence of
other suitable financial arrangements as hereinafter required must be attached
to the application.
(11)Â
Examples of proposed advertising of the event, if any.
(12)Â
The applicants' statement that they shall abide by the
terms and provisions of this chapter and all laws, rules and regulations of
the Commonwealth of Pennsylvania, County of Erie and Washington Township.
(14)Â
Any other information requested by Washington Township
Council to assist it in deciding whether to grant or deny said application.
B.Â
Fees.
C.Â
Washington Township Council shall either grant or deny
the application for permit at its next regularly scheduled monthly meeting
following the submission of the completed application.
A.Â
Bond of indemnity or cash deposit.
(1)Â
The applicants shall submit with their application a
corporate bond of indemnity in a form approved by the Township Solicitor or
a cash deposit to save and protect township streets, pavements, bridges, road
signs and all other township property from any and all damage that might be
caused by vehicles, employees or participants in the public gathering, and
to be used, if necessary, to restore the premises where such public gathering
is held to a sanitary condition and pay all charges to the township for damages
to the streets, pavements, bridges and all other township property. Said bond
shall also be a guaranty for treating with a suitable dust layer those unpaved
roads in the vicinity of the public gathering. The permittee shall treat the
roads so designated by Washington Township Council with a suitable dust layer
approved by Council.
(2)Â
Should the permitted public gathering necessitate that
the township deploy or employ additional personnel as a direct result of the
public gathering, such added expense shall be recoverable from the principals
and/or their indemnitor. The cash deposit or its balance will be returned
to the applicants upon final audit by the township as to what damages, if
any, occurred and what deployment and employment of personnel, if any, was
necessitated.
(3)Â
The corporate bond of indemnity or cash deposit shall
be in the following amounts:
|
Persons Reasonably Anticipated
|
Cash Deposit or Bond Amount
| |
|---|---|---|
|
100 to 200
|
$500
| |
|
201 to 500
|
$1,500
| |
|
501 or more
|
$5,000
|
B.Â
The property owner or person in charge of the property
making application shall sign as an additional indemnitor to ensure against
damage to streets, pavements, bridges, road signs and all other township property,
to meet costs of the township for deploying or employing personnel directly
attributable to the conduct of the public gathering and to ensure that the
property will be restored to a sanitary condition.
Every applicant for a permit under this chapter shall furnish satisfactory
evidence to Washington Township Council that a comprehensive general liability
or special event insurance policy has been obtained. Public liability from
an insurance company licensed to do business in Pennsylvania in amounts of
not less than $1,000,000 for personal injury and $100,000 for property damage
and $1,000,000 for any one accident will be in force and effect during the
period such public gathering is to be conducted in the township. The company
and policy shall be subject to the approval of the Township Council and shall
name the township as an additional insured.
No permits shall be issued by Washington Township Council or its agent
unless all of the conditions recited herein have been satisfactorily concluded
in accordance with the granting of said application by the Council under this
chapter:
A.Â
Sanitary facilities: written approval of the Erie County
Health Department and/or the Pennsylvania Department of Environmental Protection
indicating that the applicant's plan for water supply, toilet facilities,
washing facilities and food preparation and service, if applicable, the type
of food preparation and food facilities to be provided, shall conform to applicable
state and county laws, rules and regulations relating to the public health.
B.Â
Public safety: written statements of the Pennsylvania
State Police indicating that plans have been made to meet the following conditions:
(1)Â
Applicants have provided for adequate traffic control
and crowd control personnel, i.e., 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.
(2)Â
A list of those marshals must be presented to the Pennsylvania
State Police with the application. The marshals must be oriented and instructed
by the Pennsylvania State Police and the sponsor of the public gathering prior
to the commencement of the gathering.
(3)Â
Applicants have completely enclosed the ground where
the public gathering is to be held with snow fencing or other similar material
of equivalent strength of not less than four feet in height.
(4)Â
Adequate lighting must be provided, subject to approval
of Washington Township Council.
C.Â
Medical services: written approval by the Erie County
Emergency Medical Services and the Edinboro Volunteer Fire Department indicating
that sufficient medical service has been provided by the applicant. Each public
gathering shall have as a minimum one ambulance staffed by two individuals,
at least one of which holds an EMT certificate, in attendance at all times.
D.Â
Parking facilities: written approval of the Washington
Township Zoning Administrator and Washington Township Council indicating that
parking is available within or adjacent to the premises upon which the public
gathering is to be conducted as herein provided:
(1)Â
Such parking facilities shall provide parking space for
one vehicle (minimum ten-feet-by-twenty-feet space) for every four persons
reasonably anticipated to be in attendance at the public gathering.
(2)Â
Adequate ingress and egress shall be provided from such
parking area to facilitate the movement of any vehicle at any time to or from
the parking area; provided, however, that should buses be used to transport
the public to the public gathering, it shall be shown that public parking
as described above is available at any site from which buses are scheduled
to pick up persons to transport them to the public gathering.
E.Â
Directional signs. At no time shall any directional signs
to the site named in the application for permit hereunder be posted along
roads in the township except those designated by Washington Township Council.
All signs must be removed within 48 hours of the close of the public gathering.
All facilities, including stage, to be specially assembled, constructed
or erected for a public gathering must be in place at least 24 hours before
the commencement of the public gathering and be approved by Washington Township
Council or the Washington Township Zoning Administrator.
A.Â
No permittee or persons having control of the public
gathering shall condone the presence of alcoholic beverages, unless a license
is obtained from the Pennsylvania Liquor Control Board. No person shall carry
onto the property or consume thereon alcoholic beverages in violation of said
permit.
B.Â
No permittee or persons having control of the public
gathering shall condone the presence of illicit drugs on the property, nor
shall any person take or carry onto the property or consume thereon said illicit
drugs.
C.Â
The burden of preserving order during the public gathering
is upon the permittees of the public gathering. Any violations 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 Erie County or
of Washington Township or of the permit granted hereunder may be cause for
immediate revocation of the permit by Washington Township Council or by the
Pennsylvania Department of Environmental Protection 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.Â
Washington Township Council, its authorized agents and
representatives and the representatives of the county and township departments
having responsibility for approval under this chapter 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.Â
No entertainment, either live or recorded, utilizing
sound amplification equipment shall be operated in a location which is less
than 500 feet away from any school, church, dwelling unit or any other place
of permanent human habitation, and there will be no programmed entertainment
provided between the hours of 11:00 p.m. and 10:00 a.m.
F.Â
If at any time during the conduct of the public gathering
the number of persons in attendance exceeds by 10% the number of persons represented
by the applicants for the permit as anticipated to be in attendance, Washington
Township Council, the Pennsylvania Department of Environmental Protection
or the Pennsylvania State Police shall have the authority to require the applicants
to limit further admissions until all conditions and provisions recited herein
are met.
G.Â
Any applicant with more than a ten-percent proprietary
interest in the public gathering and the owner of the property or person in
charge of the property, or their designated agents or representatives, shall
be required to be in attendance at the public gathering; and no one shall
be allowed to remain on the premises who is violating any state, county or
township laws, rules or regulations.
H.Â
Public gatherings operating without a permit under this
chapter, based on a reasonable anticipation of less than 100 persons in attendance,
shall limit attendance therein to 99 persons.
The Washington Township Council shall have the power to institute in
the Court of Common Pleas of Erie County suits in equity to restrain or prevent
violation of this chapter. In cases where the municipality revokes any permits
deemed improperly issued under these provisions, or in other cases where the
circumstances require it or the public health may be endangered, a mandatory
preliminary injunction may be issued upon the terms prescribed by the Court,
notice of the application therefor having been given to the defendant in accordance
with the rules of equity practice, and in any such case the municipality shall
not be required to give bond.
[Amended 12-3-1996 by Ord.
No. 7-96; 7-1-1997 by Ord.
No. 3-97]
B.Â
Any person who initiates, organizes, promotes, permits,
conducts or causes to be advertised a public gathering without obtaining the
permit provided for 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 and of the permit granted, or who shall counsel,
aid or abet such violation or failure to comply, shall, upon conviction thereof
by any District Justice, be required to pay a criminal fine in the amount
of $300 per violation, and shall be imprisoned to the extent allowed by law
for the punishment of summary offenses. A failure from day to day to comply
with this chapter shall be a separate offense for each day.
This chapter shall in no way be a substitute for nor eliminate the necessity
of complying with any and all state laws, rules, and regulations and county
and township ordinances which are not or may be in the future in effect which
pertain to the conduct of public gatherings.
