In order to protect and promote the health,
safety and welfare of the attendees and Township residents attending
special events and living in proximity to these events, this chapter
provides for the establishment of a permit requirement and establishes
standards for the issuance of a permit for parades, athletic events,
street fairs, craft shows, carnivals, block parties, rallies and other
activities that occur in Township parks or on a Township street, sidewalk,
alley or other street right-of-way which obstruct, delay or interfere
with the normal flow of pedestrian or vehicular traffic or do not
comply with traffic laws and controls. Permits shall also be required
for special events occurring on private property, such as conferences,
exhibition and exposition shows, concerts and athletic events, which
impact traffic and other Township services. This chapter also establishes
standards for the reimbursement of the Township's expenses caused
by special events which will result in interference with the normal
flow of traffic or otherwise require provision of Township services
in excess of that which would be required absent the special event.
Any person or organization desiring to conduct
or sponsor a special event in Upper Providence Township shall first
obtain a special event permit from the Township.
A. Annual permit:
(1) Owners, groups and organizations who anticipate holding
four or more events per year are required to obtain an annual permit,
provided that they pay the fees as designated by resolution of the
Board of Supervisors and submit the following information to the Township:
(a)
An application for an annual permit completed in accordance with the provisions of §
149-5;
(b)
An itinerary/calendar of events;
(c)
Complete contact information for the property
owner and operator;
(d)
Designated traffic routes;
(e)
Parking locations on site and remote parking
(if required);
(f)
A signed affidavit acknowledging their responsibility
for the collection and payment of the Township's amusement tax and
for the life safety of occupants during special events.
(2) Any and all changes to the information provided under
the annual permit shall be reported to the Township as an amendment
to the annual permit.
B. A special event permit is not required for the following:
(2) Parades involving a total of 40 or fewer pedestrians
marching along a parade route that is restricted to marching on sidewalks
and crossing streets only at pedestrian crosswalks in accordance with
traffic regulations and controls. Pedestrians participating in the
parade shall cross at crosswalks in units of 15 or fewer and shall
allow vehicles to pass between each unit.
(3) Parades, athletic events or other special events which
occur exclusively on Township property, public streets or school district
property and are sponsored by the Township or by the school district.
(4) Parades, athletic events or other special events which
occur exclusively on Township property and are permitted and regulated
under the Upper Providence Township Department of Parks and Recreation.
(5) Normal day-of-worship church services and youth-oriented
summer programs and vacation bible schools. Evangelical events expecting
more than 300 attendees shall obtain a special event permit.
(6) Special events held at hotel venues that are attended
by fewer than 200 people.
The Township shall approve, conditionally approve or deny an application for the grounds specified in §
149-7. Such action shall be taken no later than 10 days after receiving a completed application for an event. If the application is denied or conditionally approved, the Township shall inform the applicant of the grounds for denial, in writing, or the reason for a change in the date, time, route or location of the event and his right of appeal. If the Township relied on information about the event other than that contained in the application, it shall inform the applicant what information it considered. The applicant shall be notified of any permit conditions at the time the application is approved and of his right of appeal of the permit conditions. If the Township refuses to consider a late application under §
149-4C, the Township shall inform the applicant of its reason for the refusal and of his right to appeal.
The Township may condition the issuance of a
special event permit by imposing reasonable requirements concerning
the time, place and manner of the event and such requirements as are
necessary to protect the safety of persons and property and the control
of traffic, provided that such conditions shall not unreasonably restrict
the right of free speech. Such conditions include:
A. Alteration of the date, time, route or location of
the event proposed on the event application.
B. Conditions concerning the area of assembly and disbanding
of a parade or other event occurring along a route.
C. Conditions concerning accommodation of pedestrian
or vehicular traffic, including restricting the event to only a portion
of a street traversed.
D. Requirements for the use of traffic cones or barricades.
E. Requirements for provision of first aid or sanitary
facilities.
F. Requirements for use of event monitors and providing
notice of permit conditions to event participants.
G. Restrictions on the number and type of vehicles, animals
or structures at the event and inspection and approval of floats,
buildings, structures and decorated vehicles for firesafety by the
Upper Providence Township Fire Marshal.
H. Compliance with animal protection ordinances and laws.
I. Requirements for use of garbage containers, cleanup
and restoration of Township or other public property and the properties
of adjoining persons which may be impacted by the special event.
J. Restrictions on use of amplified sound.
K. An application for a special event permit to conduct
a block party may be conditioned on notice to the residents of dwellings
along the affected street(s). The issuance of a special event permit
does not exempt the event from compliance with the noise ordinance.
L. Compliance with any relevant ordinance or law and
obtaining any legally required permit or license.
M. Unless advance approval is obtained, the standard
hours of operation shall be as follows:
(1) Monday to Thursday: 10:00 a.m. to 10:00 p.m.
(2) Friday and Saturday: 10:00 a.m. to 11:00 p.m.
(3) Sunday: 10:00 a.m. to 8:00 p.m.
N. Operation of all fire protection systems in accordance
with the Township Fire Code to the satisfaction of the Fire Official.
The Township shall issue the special event permit
once the application has been approved and the applicant has agreed,
in writing, to comply with the terms and conditions of the permit
and the following sections of this chapter have been complied with:
A. Section
149-10, pertaining to indemnification.
B. Section
149-11, pertaining to insurance.
C. Section
149-12, pertaining to police traffic control fees.
D. Section
149-13, pertaining to cleanup deposits.
Prior to the issuance of a special event permit,
the permit applicant and an authorized officer of the sponsoring organization,
if any, must sign an agreement to reimburse Upper Providence Township
for any costs incurred by it in repairing damage to Township property
occurring in connection with the permitted event proximately caused
by the actions of the permittee, its officers, employees or agents
or any person who was under the permittee's control insofar as permitted
by law. The agreement shall also provide that the permittee shall
defend the Township against and indemnify and hold the Township harmless
from any liability to any persons resulting from any damage or injury,
including attorney's fees, occurring in connection with the permitted
event proximately caused by the actions of the permittee, its officers
employees or agents or any person who was under the permittee's control
insofar as permitted by law. Persons who merely join in a parade or
event are not considered by that reason alone to be under the control
of the permittee.