[HISTORY: Adopted by the Board of Supervisors of the Township
of New Garden 6-16-2014 by Ord. No. 207. Amendments noted where
applicable.]
New Garden Township has the responsibility to oversee special
events that may impact upon safety, health and police or other services.
These regulations are enacted to ensure that such special events do
not create disturbances, become nuisances, affect health and safety
or disrupt traffic or damage property.
As used in this chapter, the following terms shall have the
meanings indicated:
An organized competitive or recreational event in which a
group of people collectively engage in a sport upon public property
or private property when event is open to the public.
An organized event having as its primary purpose the entertainment
or amusement of a group of people, including but not limited to parades,
carnivals, fairs, concerts, block parties, social events or neighborhood
gatherings on public or private property, when the event is open to
the public, whether held for profit or charitable purpose. The term
shall not include private social events, school activities conducted
by schools on school grounds, volunteer fire company events, Township-sponsored
events or athletic events.
No person shall engage in or conduct any special event, as defined
herein, that potentially will require Township resources to ensure
the health, safety and welfare of Township residents, unless a permit
is issued by the Township.
A.
Applications must be filed at least 10 business days in advance.
B.
All applications for special event permits shall be made on a special
event permit application form, available from the Township office,
and shall be signed by the applicant and include the following information.
(1)
The name, address and telephone number of the person or entity seeking
to conduct a special event.
(2)
The name, address and telephone of the organization and of the authorized
or responsible head of said organization.
(3)
The intended dates and hours when the proposed special event is to
be conducted.
(4)
A site plan showing location, layout, roads, entrances and exits,
traffic flow patterns, parking and land uses of the surrounding areas;
and the proposed route to be traveled or the area sought to be used
or closed off for the special event.
(5)
Details as to arrangements to protect the public health, safety,
welfare and convenience during the event, including an approved traffic
control security plan from the Township Police Department.
(6)
The approximate total number of persons, animals and vehicles participating,
with descriptions thereof.
(7)
A description of food and beverages to be sold or distributed.
(8)
A description of any musical instrument, sound amplification, audio equipment or similar device proposed to be used at the special event. The special event shall comply at all times with the noise regulations set forth in § 121-3I and § 200-110M of the Code. The operation, playing or permitting the operation or playing of any musical instrument, sound amplification, audio equipment or similar device between the hours of 10:00 p.m. and 8:00 a.m. shall be strictly prohibited unless each such special event is approved by the Township in advance.
(9)
A description of any video screen, screens that are internally lit,
that are comprised of light elements (such as light-emitting diodes)
or that are otherwise in themselves a source of light, lighting or
similar device proposed to be used at the special event. Any screen
that is a source of light in no case shall have a dusk-to-dawn brightness
that exceeds 100 nits.
(10)
The plan for cleanup after the special event is closed.
(11)
The amount of insurance, security bond and/or security deposit
to cover all contingencies with the Township proposed to be held by
the Township, if any. The amount of the required insurance or security
bond shall be determined by the Township based upon the particular
nature of the special event. The Township shall be named as additional
insured in any insurance policy.
(12)
Agreeing to pay for extraordinary Township expenses caused by
the activity, such as police, fire police, etc. The Chief of Police
for New Garden Township shall determine whether and to what extent
additional police protection is reasonably necessary for the event.
The Township Manager, or his designee, shall issue the special events permit within five days of receipt of all of the items required in § 163-4 and upon a showing that the special event shall comply with this chapter and all other applicable ordinances to his satisfaction. The Township Manager may deny the application for a special events permit for failure to satisfy the requirements of § 163-4 or any other applicable ordinance.
The fee for any permit shall be determined by resolution of
the Board of Supervisors and posted in a fee schedule and shall be
paid at the time of filing the application. The Board of Supervisors
may waive the fee for volunteer fire company or Township-sponsored
special events.
Any cost, expense or other damage incurred by the Township for
services, including but not limited to the costs of additional police
protection, shall be collected from any insurance, security bond or
security deposit posted for the special event, by municipal lien against
the property, and by any other action authorized under law.
Any person violating the provisions of this chapter shall, upon
conviction thereof in summary proceedings brought before a District
Magistrate Judge, be sentenced to pay a fine of not less than $500,
together with the costs of prosecution, including reasonable attorney
fees.
In the event that any portion of this chapter is for any reason
held invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions of this chapter.
