[Ord. 1-2010, 1/20/2010]
The intent and purpose of this article is to promote and facilitate
the public health, safety and general welfare of the inhabitants of
the Township of Thornbury through coordinated and practical measures
by establishing certain requirements for special events taking place
on public roads, public property and/or rights-of-way.
[Ord. 1-2010, 1/20/2010]
Unless expressly stated otherwise, the words and phrases defined
in this section will be construed throughout this chapter as having
the meanings indicated herein. The singular will always include the
plural and the plural the singular. Any sentence in the past or present
tense will be construed to apply also in the future tense. The words
"person," "applicant," "organization" will include any corporation,
unincorporated association, partnership or other legal entity as well
as any individual. The words "shall" and "will" are always mandatory.
[Ord. 1-2010, 1/20/2010]
As used in this chapter the following terms shall have the meaning
indicated:
Any outdoor activity, show, carnival, race, gathering, or
meeting, other than regularly conducted church and school activities,
which occur upon public property, roads or rights-of-way, including
but not limited to social gatherings, special appearances, promotional
activities, footraces, block parties and bicycle races.
[Ord. 1-2010, 1/20/2010]
No special event may be advertised or conducted without first
having obtained a "special event permit" from the Township of Thornbury.
[Ord. 1-2010, 1/20/2010]
From and after the passage of this article, it shall be unlawful for any person or persons, association, organization or corporation to hold, conduct or participate in any special event as defined in § 6-703 or other outdoor demonstration, meeting or gathering for any and all purposes on public property, roads or right-of-ways, without first obtaining from the Code Enforcement Department of Thornbury Township a permit therefore at least 48 hours before the time set for the conducting or holding of said event. The application for the event shall be made a minimum of two weeks prior to the event.
[Ord. 1-2010, 1/20/2010]
From and after the passage of this article, it shall be unlawful for any person or persons, association, organization or corporation to hold, conduct or participate in any special event as defined herein in § 6-703 or other outdoor demonstration, meeting or gathering for any and all proposes on public property, roads or rights-of-way, without first obtaining from the Code Enforcement Department of Thornbury Township a permit therefore at least 14 days before the time set for the conducting or holding of any such special event as defined herein in § 6-703 or other outdoor demonstration, meeting or gathering for any and all proposes on public property, roads or rights-of-way. The application for the special event must be made a minimum of eight weeks prior to the special event.
[Ord. 1-2010, 1/20/2010]
Before such permit is issued, a written application on a blank form to be furnished for that purpose by said Thornbury Township Code Enforcement Department must be filed with the Code Enforcement Office, setting forth the purpose and the exact time and place it is desired to conduct or hold said special event as defined herein in § 6-703, or any other outdoor meeting or gathering and the length of time the same will probably continue, and in such application, the applicant or applicants shall agree to abide by any and all conditions that may be imposed and set forth in said permit and to obey all rules and regulations that may from time to time be adopted by the Board of Supervisors. In the case of a parade, the applicant shall specify the place and time the event will start, the exact route by enumerating the portions of the streets and highways to be traversed, the probable number of persons that will participate in the same, the number of horses or animals, if any, and the number and character of vehicles to be employed.
[Ord. 1-2010, 1/20/2010]
1.
Anticipated Crowds of Less than 100 Participants. No permit shall
be granted for any said purposes unless the Township Code Enforcement
Officer shall find that the conducting or holding of said special
event will not unduly interfere with the peace, quiet, safety and
welfare of the citizens in the neighborhood or the public travel on
the highways and streets; that the purpose for which the same is being
held or conducted is lawful; that the persons, organization or corporation
holding or conducting the same are responsible law-abiding citizens;
and that the same will not endanger the safety of persons or property
within the Township. The Code Enforcement Officer shall have the authority
to designate the highways and streets or the portions thereof that
may be used or employed for any special event and shall have authority
to impose such conditions and regulations to be observed as the officer
shall deem necessary in the interest of the peace, quiet and safety
of the persons and property within the Township.
2.
Anticipated Crowds of More than 100 Participants. No permit shall
be granted for any said purposes unless the Township Board of Supervisors
shall find that the conducting or holding of said special event will
not unduly interfere with the peace and quiet of the citizens in the
neighborhood or the public travel on the highways and streets; that
the purpose for which the same is being held or conducted is lawful;
that the persons, organization or corporation holding or conducting
the same are responsible law-abiding citizens; and that the same will
not endanger the safety of persons or property within the Township.
The Board of Supervisors shall have the authority to designate the
highways and streets or the portions thereof that may be used or employed
for any parade, demonstration or public meeting or gathering and shall
have authority to impose such conditions and regulations to be observed
as he shall deem necessary in the interest of quiet and safety of
the persons and property within the Township.
[Ord. 1-2010, 1/20/2010]
Any person, firm or corporation violating any provision of this
article shall, upon summary conviction before any magisterial district
judge, pay a fine not exceeding $1,000 and costs of prosecution; and
in default of payment of the fine and costs, the violator may be sentenced
to the County jail for a term of not more than 30 days.
[Ord. 1-2010, 1/20/2010]
1.
The following shall be strictly prohibited.
A.
No tents or other removable structures may be erected without prior
authorization from the Thornbury Township Code Enforcement Department.
B.
Roads/access drives may not be completely blocked. Tables, displays,
canopies, tents, etc., must be placed on one side of the road/access
drive. One side of the road/access drive must remain open to provide
immediate access for police, fire or EMT personnel.
C.
Disorderly or immoral conduct.
D.
Gambling.
E.
Sale of obscene literature, picture, film or other objects.
F.
Indecent, immoral or lewd act or performance.
G.
Possession, sale or use of illegal drugs of any kind.
H.
Possession, sale or use of illegal firearms.
[Ord. 1-2010, 1/20/2010]
The permit fee shall be in an amount set from time to time by
the resolution of the Board of Supervisors, as stated in the application.
[Ord. 1-2010, 1/20/2010]
1.
An application for a special event permit shall be submitted no later
than 14 days prior to the proposed event to the Department of Code
Enforcement with a nonrefundable payment in an amount established
from time to time by resolution of the Board of Supervisors. The following
information shall be included in the application:
A.
Description of special event.
B.
Name, address and telephone number of the sponsoring organization
or individual.
C.
Proposed date, location and hours of operation.
D.
Schedule of proposed events.
E.
An outline of security, traffic, crowd control, sanitation measures
and such other necessary preparations as the event might require (subject
to review and approval by the Fire Marshall, EMT, police and/or Township
public works).
F.
A map outlining the limits of the proposed event.
[Ord. 1-2010, 1/20/2010]
1.
Reasons for review of special event permit may include but not be
limited to the following:
A.
The special event would interrupt the safe and orderly movement of
vehicular traffic on streets or commercial parking lots so as to create
a real and present danger to the health, safety and welfare of the
residents of the Township of Thornbury.
B.
The special event will create a real and present danger to the health,
safety and welfare to the residents of the Township of Thornbury by
preventing fire-fighting equipment, ambulance service, rescue vehicles
or other public safety vehicles from reaching any property in the
Township of Thornbury.
C.
The special event will cause undue hardship to adjacent businesses
or residents or will require the diversion of public employees such
that their absence from their usual assignments would pose a danger
to the residents of Thornbury Township.
D.
The application contains incomplete or inaccurate information.
E.
The applicant fails to comply with the terms of this article.
F.
The special event poses a danger to the general health, safety or
welfare to the Township's residents.
[Ord. 1-2010, 1/20/2010]
The Department of Code Enforcement shall accept or deny an application
for a special event within seven days after filing thereof. If the
application is deemed to be incomplete, the applicant will be notified
and a notice shall be mailed to the applicant and shall include the
reasons for the denial of the permit application and the procedure
for appeal.
[Ord. 1-2010, 1/20/2010]
[Ord. 1-2010, 1/20/2010]
The applicant shall have the sole responsibility of clearing
the special event location of any rubbish and debris and returning
it to its pre-event condition within 12 hours of the conclusion of
the event. If the applicant fails to do so, the Township shall arrange
such cleanup, and the entire cost of such cleanup shall be charged
to the applicant.
[Ord. 1-2010, 1/20/2010]
[Ord. 1-2010, 1/20/2010]
Any applicant whose special event permit application has been
denied or revoked may appeal the decision of the Department of Code
Enforcement to the Township Board of Supervisors by filing a written
notice of such appeal with the Township Municipal Secretary within
five days after receipt of the notice of denial or revocation. The
Township Board of Supervisors shall set a hearing date within 15 days
after receiving the notice of appeal. At such hearing, the applicant
is entitled to be heard and present evidence on his/her behalf. The
Township Board of Supervisors shall determine whether the denial or
revocation of the permit was justified.
[Ord. 1-2010, 1/20/2010]
Any person, firm, corporation or other entity, which violates
any of the provisions of this article, shall, upon conviction before
a magisterial district judge, be sentenced to pay a fine not exceeding
$1,000 plus costs of prosecution. Each day such violation is committed
or permitted to continue after notice from the Township shall constitute
a separate offense and shall be punishable as such hereunder.
[Ord. 1-2010, 1/20/2010]
1.
The provisions of this article shall be severable, and if any provision
thereof 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.
2.
It is hereby declared as a legislative intent that this article would
have been enacted had such unconstitutional, invalid or illegal provisions
was not included herein.
[Ord. 1-2010, 1/20/2010]
The provisions of this article shall not apply to concerts,
exhibitions or entertainment held in churches or schoolhouses for
religious, educational, civic or charitable purposes or for any Thornbury
Township events and/or parades.
