[HISTORY: Adopted by the Borough Council of the Borough of Burgettstown as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-2-1997 by Ord. No. 6-2-B (Ch. XIII, Part 1A, of the 1976 Code of Ordinances); amended in its entirety 11-2-2015 by Ord. No. 2015-3]
To conduct any dance to which the public is admitted, to provide any live entertainment, such as a musical group, disc jockey, or the like, in any establishment or by any person or legal entity, or to provide and/or permit any live entertainment, such as, but not limited to, musical groups, disc jockeys, dancers, and the like, in or by any place, person or legal entity, a permit shall be first obtained from the Borough for each date that the same is intended to occur for a fee in an amount as set by resolution of the Borough Council. Therein, there shall be a separate fee, in an amount as set by resolution of the Borough Council, for each date. Excepting, however, no fee payment is required for any entertainment activity sponsored by a school, religious or charitable organization or group, but such organizations or groups shall still obtain said permit.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Washington County.
[Adopted 4-3-2023 by Ord. No. 2023-003]
The purpose of this article is to provide for the permitting of special events, including public facility use/rental and the temporary closure or redirection of pedestrian and/or vehicular traffic on Borough streets and alleys in a safe manner to allow for such activities.
Applications shall be submitted on the forms specified by the Borough and shall include the full legal names, addresses, telephone numbers, and email addresses of all persons in charge, the locations and address of the property to be utilized for the events, a statement of the number of persons expected to attend said event and the duration of the event.
A. 
If applicant is an individual resident of the Borough, a certified nonprofit organization, or an educational institution, the following application procedures are to be followed:
(1) 
Written applications for public gatherings shall be submitted to the Burgettstown Borough Council 30 days prior to the first day of any public promotion/advertisement or commencement of the event.
(2) 
No applicant shall be less than 21 years of age. If an applicant is other than an individual, proof must be provided that the entity is a legally constituted and created entity.
(3) 
It is within to Borough's discretion to determine whether or not an individual or organization qualifies under these procedures.
(4) 
Evidence that all permits and licenses as required by state and local statutes, ordinances and regulations enacted thereunder have been obtained, or will be obtained.
(5) 
The program for the event or, if no program is prepared, a narrative statement as to the purpose for which the event is to be conducted.
(6) 
Evidence that approvals have been secured from emergency responders as appropriate.
B. 
All other applicants such as for-profit organizations, politically affiliated organizations, and fundraising organizations shall be subject to the following application procedures:
(1) 
Written applications for public gatherings shall be submitted to the Burgettstown Borough Council 60 days prior to the first day of any public promotion/advertisement or commencement of the event, whichever occurs first. Application shall be submitted 90 days prior if the event includes a proposal to close a Borough road.
(2) 
No applicant shall be less than 21 years of age. If an applicant is other than an individual, proof must be provided that the entity is a legally constituted and created entity.
(3) 
Evidence that all permits and licenses as required by state and local statutes, ordinances and regulations enacted thereunder have been obtained or will be obtained.
(4) 
The program for the event or, if no program is prepared, a narrative statement as to the purpose for which the event is to be conducted.
(5) 
Evidence that approvals have been secured from emergency responders, as appropriate.
An application fee may be charged, said fee to be in such amount as established, from time to time, by resolutions of Borough Council.
It is within the Borough's discretion to deny the application for permits that are not complete.
A. 
Requests are subject to availability through confirmation with Borough officials.
B. 
The group using the facility shall be financially responsible for any property that is damaged or destroyed while under its supervision.
C. 
Any group using facilities must assume full responsibility for cleaning the area used or prepay fees to cover the cost of cleaning.
D. 
No permittee or person having control of the event shall condone any illegal conduct.
E. 
The burden of event security is solely upon the permittee. Any violations of the laws of the Commonwealth of Pennsylvania, or its rules and regulations, or of the terms and conditions of this article, or other Borough ordinances, or the conditions of the permit granted hereunder may be cause for immediate revocation of the permit upon notification to the person in charge that a violation exists and failure of the person in charge to take immediate action to correct the violation. Upon revocation of any permit, the permittee of the event shall immediately terminate the assembly and provide for the orderly dispersal of those in attendance. Groups not providing proper security and supervision for children and other participants/groups attending events may not be considered for future facilities use.
F. 
The Police Department will have access to the public gathering at all times for the purpose of inspection and enforcement of the terms and condition imposed.
G. 
No programming shall take place between the hours of 9:00 p.m. and 7:00 a.m. unless authorized by Borough Council.
H. 
The permit holder agrees to save and hold harmless the Borough and agrees to assume responsibility for all liabilities arising from the use, it being understood and agreed that the Borough assumes no obligation respecting the use of such premises.
I. 
All scheduled activities must be concluded and the premises vacated by the agreed upon time when scheduled. Persistent failure to abide by time schedule may result in loss of privileges.
J. 
Any right or privilege granted to any person, persons, or organizations to use any property is personal and shall not be transferable to any other person, persons, or organizations.
K. 
In the event of a cancellation, all approved facility use must be cancelled prior to 48 hours after the reservation is confirmed. All cancellations made after this deadline will result in the forfeiture of the full application fee and any and all associated costs. Failure to meet this cancellation time frame may additionally result in the denial of any future requests.
L. 
The conduct permitted or prohibited and the permissible usages of facilities may be changed, from time to time, by resolution of Borough Council. The Borough retains the right to deny any request to use a facility which it deems not to be in the best interest of the Borough, whether for reasons of security or because of the nature of the activity.
This article shall in no way be substituted for, nor eliminate the necessity of, complying with all federal and state laws, rules and regulations, county and Borough ordinances which are now, or may be in the future, in effect which pertain to the conduct of special events.
Any person who initiates, organizes, promotes, permits, conducts or causes to be advertised a special event without obtaining the permit provided in this article, or who knowingly conducts, permits or allows a special event with a permit but in violation of the terms and provisions of this article and of the permit granted, or who shall counsel, aid or abet such violation or failure to comply shall be subject to a fee of $300 and all Borough-related expenses to support the event. Should applicant fail to pay said fee within 30 days, this matter will be remanded to the District Justice, and the applicant shall be subject to a fine of not more than $600, plus costs, and all Borough-related expenses to support the event.
The provisions of this article shall be severable, and if any provisions hereof shall be held to be unconstitutional, invalid or illegal by any court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this article, It is hereby declared as legislative intent that this article would have been enacted and such unconstitutional, invalid or illegal provisions not been included herein.