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:
ATHLETIC EVENT
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.
SPECIAL EVENT
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.
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.