[Ord. 12/7/1978, § 1]
This Part shall be known as the "Hopewell Township Outdoor Amusement
Ordinance of 1978."
[Ord. 12/7/1978, § 2]
Any person who applied for a license hereunder.
The Board of Supervisors of the Township of Hopewell, York
County, Pennsylvania.
The Township of Hopewell, York County, Pennsylvania.
Any outdoor theatrical, musical or dramatic performance,
or any concert, festival or carnival, or any other outdoor exhibition,
show, entertainment or amusement of any similar nature or kind for
which an admission fee is charged or for which money or any other
reward of any nature is in any way or manner demanded, expected or
received. The term "outdoor amusement" shall not include any church,
fire company or school function, nor any activity conducted solely
for benevolent or charitable purposes by a person having an exemption
from the federal income tax in accordance with pertinent sections
of the Internal Revenue Code.
Any natural person, group of persons, organization, partnership,
association, firm or corporation.
The Township of Hopewell, York County, Pennsylvania.
The Secretary of the Board of Supervisors of the Township
of Hopewell, York County, Pennsylvania.
In this Part words in the singular shall include the plural
and the masculine shall include the feminine.
[Ord. 12/7/1978, § 3]
1.
No person either as principal or agent shall conduct or hold, nor
shall permit the conducting or holding on premises owned or under
the control of such person, any "outdoor amusement" in the Township
of Hopewell, York County, Pennsylvania, unless the same shall have
been licensed according to the provisions of this Part. An application
for the license required by this Part must be filed with the Secretary
of the Board of Supervisors at least 15 days before the date on which
the outdoor amusement is proposed to be held. Such application shall
be in writing and shall include:
A.
The name and business address of the person who proposes to conduct
the outdoor amusement.
B.
The type of outdoor amusement proposed including the number of performers
and their names.
C.
The date or dates on which the proposed outdoor amusement is to be
conducted, and rain date, if any, should the weather force cancellation
of the event.
D.
The hours during which the proposed outdoor amusement is to be conducted
on each date submitted as required by paragraph .C supra.
E.
A property description of the site on which the proposed outdoor
amusement is to be conducted, including (but not limited to) an outline
of where all required facilities are to be located, the amount of
acreage in the site, the name of access road or roads to the site,
the number of permanent seats.
F.
The number of people per performance per day which the applicant
estimates will attend the proposed outdoor amusement and the maximum
number of advance tickets to be offered for sale for each performance.
G.
The food, housing, parking, sanitary, medical and crowd control arrangements
and facilities to be provided by the applicant for each day.
H.
The number of motor vehicles which the applicant estimates will bring
people to each performance for each day, and the number of motor vehicles
that can be parked within the fenced area where the proposed outdoor
amusement is to be held.
2.
A separate application must be filed for each site and every application
must be duly verified by the applicant that the facts set forth therein
are true and correct under the penalties of perjury. The Secretary
of the Board of Supervisors shall provide official application forms
which must be used by the applicant.
[Ord. 12/7/1978, § 4; as amended by Ord. 2016-1,
1/4/2016]
1.
No license shall be issued under this Part until:
A.
The applicant has complied in all respects with the terms of this
Part and the application has been approved by the Board of Supervisors.
B.
A certified copy of all state and county permits are filed with the
Secretary of the Board of Supervisors in any instance in which such
state and county permits are required to conduct the proposed outdoor
amusement.
C.
The Board of Supervisors, or their agents, have inspected the premises
where the proposed outdoor amusement is to be held to ascertain whether
such premises are suitable for the purpose and free from unsanitary,
dangerous or hazardous features.
D.
The cash bond required by this Part has been paid.
E.
The evidence of public liability insurance required by this Part
has been filed with the Secretary of the Board.
F.
The license fee required by this Part has been paid. The Board may
cause any other investigation or inspection to be made to secure the
facts needed by it to determine if the application should be approved
and the license granted. It may reject the application and refuse
to grant the license if any unsanitary, hazardous or dangerous conditions
exist, or if the location is deemed by it unsuitable because the conduct
of the proposed outdoor amusement thereon would create a traffic hazard,
or because of the lack of accommodations for the number of persons
and/or vehicles likely to be attracted thereto, or if the proposed
outdoor amusement is likely to create unnecessary annoyance to the
residents or inhabitants of the locality. In every case the Board
of Supervisors, approving the application and issuing a license, shall
state in the license the type of outdoor amusement authorized and
the time for which the license is to remain in effect.
G.
The applicable Pennsylvania Department of Environmental Protection
Rules and Regulations including, but not limited to, 25 Pa. Code,
Chapter 71, "Administration of Sewage Facilities Program," 25 Pa.
Code, Chapter 73, "Standards for Sewage Disposal Facilities," 25 Pa.
Code, Chapter 151, "Food Establishments," 25 Pa. Code, Chapter 191,
"Organized Camp and Campgrounds," and 25 Pa. Code, Chapter 243, "Nuisances,"
shall be complied with by the applicant.
[Ord. 12/7/1978, § 5]
1.
Every person applying for a license for an outdoor amusement under
this Part shall deposit with the Township Secretary a bond, either
in cash or in certified check, payable to the Township, in the amount
of $2 per person on the anticipated attendance with a minimum bond
of $500. Said cash bond shall be conditioned for the faithful observance
of the provisions of this Part and the saving harmless of the Township,
its agents, servants and employees from any and all liabilities or
causes of action which might arise by virtue of granting of such license
in the Township. The cash bond shall be a fund for the payment of
any damages to property or injuries to persons which might occur outside
of the area in which the outdoor amusement is to be conducted, whether
such damages to property or injuries to persons occur either in the
Township or in any municipality adjacent thereto. The cash bond is
conditioned further that as a result of the outdoor amusement the
licensee will not permit any dirt, paper, litter or other debris from
the outdoor amusement to remain on any property whether inside or
outside the area in which the outdoor amusement is to be conducted.
2.
Township has the right to retain said cash bond for a period of 90
days after termination of the outdoor amusement, and if during said
ninety-day period Township is notified in writing of any claim to
property damage or injuries to persons arising from the outdoor amusement,
it may retain sufficient monies to cover payment of said claims until
said claims have been satisfied by the licensee or there has been
an adjudication of liability for payment in any court of competent
jurisdiction. After the expiration of the said ninety-day period,
the cash bond less any amount withheld to cover claims and less any
sum of money utilized by the Township to clean up dirt, paper, litter
or other debris will be returned to the applicant.
[Ord. 12/7/1978, § 6]
Every applicant for a license under this Part shall furnish
satisfactory evidence to the Township Secretary that a public liability
insurance policy from an insurance company registered to do business
in Pennsylvania, in amounts of not less than $300,000 for one person
and $500,000 for any one accident, will be in force and effect during
the period which such outdoor amusement is to be conducted in the
Township.
[Ord. 12/7/1978, § 7; as amended by Ord. 2016-1,
1/4/2016]
Before a license shall be issued to any person whose application
under this Part has been approved by the Board of Supervisors, that
person shall pay to the Township Secretary a fee in an amount as established,
from time to time, by resolution of the Board of Supervisors.
[Ord. 12/7/1978, § 8]
1.
No gathering of the type herein described will be allowed under any
circumstances where the estimate of daily attendance is in excess
of 3,000 persons or where the Township Supervisors, in their discretion,
feel that the gathering will likely attract more than the maximum
amount of people allowed.
2.
No gathering will be allowed under any circumstances where overnight
camping is contemplated at the site of the event.
[Ord. 12/7/1978, § 9]
1.
When all of the requirements of this Part have been met and the application
has been approved by the Board, the Township Secretary shall issue
a license hereunder to conduct the outdoor amusement. The license
shall in every case state:
A.
The name and business address of the person authorized to conduct
the outdoor amusement.
B.
The type of outdoor amusement authorized.
C.
The date or dates on which the proposed outdoor amusement is to be
conducted.
D.
The hours during which the outdoor amusement is to be conducted on
each date or dates authorized by paragraph .C supra.
E.
The site on which the outdoor amusement is to be conducted.
F.
The hour and date on which the license shall expire.
G.
That this license shall not be assignable.
[Ord. 12/7/1978, § 10]
1.
After any license has been issued under this Part, the Board of Supervisors,
or their agents, shall inspect the site designated therein before
any program, show or entertainment is begun to insure that no dangerous,
hazardous and unsanitary conditions exist.
2.
The Board of Supervisors or their agents shall in addition have the
right to inspect the site designated in the license after the commencement
of any program, show or entertainment and after the completion of
any program, show or entertainment to further ensure that no dangerous,
hazardous or unsanitary conditions exist and that all conditions of
this Part are being and have been complied with. In the event any
dangerous, hazardous or unsanitary conditions are found prior to the
commencement of the program, show or entertainment they shall be immediately
corrected by the licensee and any dangerous, hazardous or unsanitary
conditions or other violations of this Part found after the commencement
of the program, show or entertainment shall be corrected immediately
by the licensee and in the absence of their being immediately corrected
as above specified, the license shall forthwith be revoked, the program,
show or entertainment shall cease, and no part of the license fee
shall be refunded.
[Ord. 12/7/1978, § 11]
1.
No person granted a license under this Part shall permit upon the
site named thereon:
[Ord. 12/7/1978, § 12]
The tickets shall be printed, consecutively numbered, dated,
show the beginning and ending time of the event and show the complete
price of admittance. Tickets shall also state that no alcoholic beverages
and controlled substances shall be permitted and that violators shall
be prosecuted. No more than 25% of the allotted tickets shall be available
for sale at the gate.
[Ord. 12/7/1978, § 13]
Uniformed guards having police power similar to those of a constable in the Commonwealth of Pennsylvania shall be at the site of the outdoor amusement and shall be on duty in the ratio of one guard per 250 persons or portion thereof. The uniformed guards shall constantly circulate and patrol all areas, including but not limited to the parking areas and the audience area, and shall vigorously enforce the conditions printed upon the tickets, as well as the provisions of § 13-111 of this Part and other relevant provisions of state and local law.
[Ord. 12/7/1978, § 14]
1.
Toilet facilities, either permanent in nature or portable, shall
be provided for the ratio of one facility per each 250 persons based
on the anticipated attendance.
2.
Adequate potable water shall be provided for emergency first aid,
drinking and handwashing.
3.
A covered facility shall be provided for emergency first aid.
4.
An ambulance and related personnel and a fire truck and related personnel
shall be located at the site of the outdoor amusement at all times.
[Ord. 12/7/1978, § 15]
The Board of Supervisors shall forthwith revoke any license
granted under this Part if at any time dangerous, hazardous and unsanitary
conditions develop in the site designated in the license, or if the
licensee violates in any way any provisions of this Part, and no part
of the license fee shall be refunded.
[Ord. 12/7/1978, § 16; as amended by Ord. 2016-1,
1/4/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and reasonable attorney fees incurred by the Township in the enforcement
proceeding and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days; provided, however, that
each three-hour period during which a violation exists shall constitute
a separate violation of this Part. The Board of Supervisors shall
also have available equitable remedies to enjoin violations of the
Part. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
[Ord. 2016-1, 1/4/2016]
This Part shall be known as the "Hopewell Township Junk Dealer
and Junkyard Ordinance."
[Ord. 2016-1, 1/4/2016]
1.
JUNK
JUNK DEALER
JUNKYARD
PERSON
As used in this Part, the following terms shall have the meanings
indicated:
Discarded materials, articles or things possessing value
in part, gross or aggregate, and including, but not limited to, scrapped
motor vehicles and parts thereof, including motors, bodies of motor
vehicles and vehicles which are inoperable and do not have a current
and valid inspection sticker as required by the Motor Vehicle Code
of the Commonwealth of Pennsylvania, 75 Pa.C.S.A. § 101
et seq., but not including garbage or other organic waste or farm
machinery, whether operational or otherwise, provided said farm machinery
is used in connection with a bona fide farming operation.
Any person, partnership, association or corporation engaged
in the business of selling, buying or dealing in junk, including,
but not limited to, buying, selling and dealing in junked or scrapped
motor vehicles or parts removed from scrapped motor vehicles or otherwise
engaged in the operation of an automobile graveyard as provided by
the laws of Pennsylvania.
Any place or establishment where junk is stored or accumulated
on the outside of any enclosed building, edifice or structure or where
the business of selling, buying or dealing in junk is carried on or
where two or more motor vehicles are stored which are unlicensed,
in operable and do not have a current and valid inspection sticker
as required by the Motor Vehicle Code of the Commonwealth of Pennsylvania,
75 Pa.C.S.A. § 101 et seq.
Any natural person, association, partnership, firm or corporation.
2.
In this Part, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[Ord. 2016-1, 1/4/2016]
On and after the effective date of this Part, no person shall
engage or continue to engage in business as a junk dealer, or establish
or operate a junkyard in the Township except as authorized by this
Part and without first having obtained a license therefore from the
Board of Supervisors of the Township.
[Ord. 2016-1, 1/4/2016]
1.
Application for such license shall be made, in writing, under oath
and in the form prescribed by the Board of Supervisors of the Township
and shall contain the name of the applicant, his address, his length
of residence at such address, any record of previous convictions involving
the illegal or improper operation of junkyards or maintenance of junk,
if any, the address of the premises upon which such business is to
be conducted or upon which such junkyard is to be established or operated,
the name of the owner or owners of said property if other than the
applicant and upon subsequent applications a statement that the applicant
during the preceding term of his license complied with and maintained
his premises in full compliance with the provisions of this Part.
Each initial application shall describe the premises upon which the
junkyard is to be operated by supplying an accurate drawing specifying
the following information:
A.
Total acreage of lot and lot dimension.
C.
Distance between rows of cars and dimensions of said rows.
D.
All existing buildings, their dimensions and setbacks on the lot.
E.
Buildings and the use on adjacent lots and distance from these buildings
to the areas devoted to the storage of junk.
F.
The book and page in which the deed for the property is filed.
2.
If the applicant is a partnership or association, the application
shall furnish the above information for every member thereof. If the
applicant is a business corporation, the application shall furnish
the above information for each officer and director thereof. The application
shall be signed by the applicant, if an individual, by all members
if the applicant is a partnership or association or by the President
and Secretary if the applicant is a business corporation. A separate
application shall be required for each junkyard operated by a junk
dealer. Any time there is a change in any of the information required
in this section, then the applicant shall be required, within 30 days
of such change, to provide all of the relevant information set forth
in this section as it relates to any such change.
[Ord. 2016-1, 1/4/2016]
Each applicant shall pay an annual license fee in such amount as shall be set from time to time by resolution of the Board of Supervisors of the Township, payable at the time of application. In the event that the license submitted is denied, the fee shall be refunded. All licenses shall be issued for a term of one year, beginning January 1 and ending December 31 of each year. No abatement of the annual license fee shall be made for any cause whatsoever. For all junkyards in operation on January 1 of each year, said license shall be obtained prior to January 1. For any junkyard which begins operation after January 1, then application as require in § 13-204 of this Part shall be made within 15 days of beginning operation of said junkyard. Such license shall be issued upon the condition that the same may be summarily revoked in the event the licensee is found to have given any false information or has in any way misrepresented any material fact upon which the issuing authority has relied in granting such license. In the event of revocation of a license, the licensee shall not be entitled to a refund of any portion of the license fee.
[Ord. 2016-1, 1/4/2016]
Upon receipt of an application for license under this Part, the Township shall determine whether or not a license shall be issued or a renewal thereof shall be granted after an examination of the application and upon the fullest consideration of the suitability of the premises proposed to be used for the purposes of the license, the character of the property adjacent thereto and the effect of the proposed use, taking into consideration the health, welfare and safety of the residents of the Township, any potential hazard which may result to adjacent properties and structures thereon or to the citizens of the Township and the application of Chapter 27, "Zoning," of the Code of the Township. Upon approval of the application for license, the Township shall issue to the applicant a license, upon which shall be designated the name of the licensee and the address of the premises approved for use as a junkyard. Such license shall at all times be conspicuously posted upon the licensed premises. No such license issued by the Township shall be transferable or assignable by agreement, will, intestacy or otherwise.
[Ord. 2016-1, 1/4/2016]
The Board of Supervisors of the Township hereby designate the
Codes Enforcement Officer, Zoning Officer, or any other officer of
the Township, each of whom shall be the issuing agents for licenses
as the Enforcement Officers for violations of this Part. In the event
that an applicant disagrees with or disputes a determination of the
designated Enforcement Officer, then the applicant shall have the
right to have the application reviewed by the Board of Supervisors
of the Township. Such request must be made, in writing, by the applicant
within 30 days of the objectionable action of the Enforcement Officer,
and the Board of Supervisors shall hear the appeal and decide the
matter within 45 days of the applicant's appeal. In the case
of an initial application, the applicant shall not be permitted to
begin operation pending said appeal. In the case of a license renewal
application, the appeal by the applicant shall stay enforcement proceedings
until such time as the Board of Supervisors has rendered its decision
on the appeal as provided in this section.
[Ord. 2016-1, 1/4/2016]
No license or renewal of license shall be issued to any person
who, within one year immediately preceding the date of his application
shall have been convicted for any felony or any misdemeanor involving
crimen falsi.
[Ord. 2016-1, 1/4/2016]
Every licensee shall keep and maintain and, at the request of
the Codes Enforcement Officer, Zoning Officer, or any other officer
of the Township, provide to the Township records, in the English language,
including the date of purchase, acquisition or receipt of junk, a
full and complete description, including trade names, serial or manufacturer's
numbers, if any, of every article or item of junk purchased, acquired
or received by him/her and the name and address of the person from
whom such article or item of junk was purchased, acquired or received.
In addition to making said records available to the Township Enforcement
Officer upon request, such records shall at all times be subject to
inspection by the Police Department having jurisdiction within the
Township, for just cause. Such records shall be retained for a period
of five years.
[Ord. 2016-1, 1/4/2016]
1.
Every licensee shall constantly and continually maintain the licensed
premises as follows:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or a menace to the health, safety and welfare of the community
or to residents nearby or a place for the breeding of rodents and
vermin.
B.
No garbage or other organic waste shall be stored or disposed of
on the premises.
C.
The manner of storage and arrangement of junk and the drainage facilities
of the premises shall be such as to prevent the accumulation of stagnant
water upon the licensed property and to facilitate access for inspection
purposes and fire fighting.
D.
No junk shall be stored, arranged or accumulated in piles which exceed
six feet in height as measured from the ground to the top of such
piled junk.
E.
No junk shall be stored or accumulated nor shall any structure be
erected within 25 feet of the side and rear lines of the licensed
premises, nor within 75 feet of any existing dwelling house erected
upon premises adjacent to the licensed premises. No junk shall be
stored or accumulated or any structure erected that is used in connection
with said junkyard within 40 feet of the property line abutting a
public street or highway within the Township. In the case of a property
which abuts a public street or highway on two sides of the property,
the above forty-foot setback shall apply to one street only. The remaining
setbacks shall apply otherwise. This section shall not apply to existing
structures on existing junkyards, nor shall it apply to existing structures
on new junkyards, so long as those structures were constructed prior
to the effective date of this Part.
F.
No junk, scrap, automobile parts, motors or any other item of junk
as defined in this Part shall be stored, maintained, situated, placed
or otherwise located within 50 feet of any river, stream, run, creek,
irrigation ditch or any other natural water course.
G.
The perimeter of the junkyard shall be enclosed or suitably screened, either with opaque fencing consistent with Chapter 27, "Zoning," but in no event to exceed six feet, or other suitable planted screening which shall create an opaque barrier between said junkyard and adjoining properties or public streets or highways. The erection of said screening shall be completed within 12 months after the date of the issuance of the initial junkyard license. The Board of Supervisors of the Township may, in its sole discretion, grant an extension of time for the completion of said screening, upon receipt of a letter from the said junkyard owner or operator requesting such an extension of time, and so long as the Board of Supervisors is satisfied that the owner and/or operator has clearly demonstrated that he/she is making a continuing bona fide effort to comply with the provisions of this subsection.
H.
The area between the provided wall or screening and any public street
or highway or any residential lot or dwelling unit shall be subject
to the all appropriate weed ordinances of the Township.
I.
Every structure erected upon or remodeled for use in connection with
the licensed premises shall be constructed or remodeled with nonflammable
material so as to be fire-resistant as that term is defined by the
regulation of the Department of Labor and Industry of the Commonwealth
of Pennsylvania concerning the prevention of fire and panic.
K.
The Board of Supervisors shall have the authority, upon written request
of a licensee or applicant, to waive any of the subsections of this
section as the circumstances, in the sole judgment and discretion
of the Board of Supervisors, may require in order to avoid an undue
hardship or unrealistic application of the provisions of this section.
The decision of the Board of Supervisors in granting or refusing to
grant a waiver shall be exclusive and final.
[Ord. 2016-1, 1/4/2016]
All junk dealers and junkyards operating and existing in the
Township on the effective date of this Part shall be required to comply
with the provisions of and obtain a license under this Part within
six months from the effective date. The Township may, in its sole
discretion, grant one additional six-month extension for good cause
shown. A late fee in an amount as established, from time to time,
by resolution of the Board of Supervisors, shall be assessed for each
day of violation of the above six-month period.
[Ord. 2016-1, 1/4/2016]
The Codes Enforcement Officer, Zoning Officer, or any other
officer of the Township, shall from time to time inspect the premises
of every licensee for the purpose of determining whether said licensee
has established and maintained the premises in full compliance with
the provisions of this Part and such rules and regulations as may
hereafter be adopted by the Board of Supervisors of the Township regulating
and licensing junk dealers in the establishment and maintenance of
junkyards. Such inspections shall be conducted during reasonable hours
of the day and, if conducted during the regular business hours of
the licensee or applicant, may be done without prior notice to the
licensee. If said inspections are to be conducted other than during
the scheduled business hours of licensee or applicant, such inspections
may be conducted upon 24 hours' notice, which may be either oral
or written.
[Ord. 2016-1, 1/4/2016]
No junkyard as defined in this Part shall be granted a license
unless off-street parking is provided within the property owner's
boundary lines or on property immediately abutting said property.
[Ord. 2016-1, 1/4/2016]
This Part is intended to set forth the requirements only of
the Township and shall not in any way be construed to be or constitute
a waiver of any other licensing or registration requirements of any
other governmental or regulatory agency, whether local, county, state
or federal.
[Ord. 2016-1, 1/4/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and reasonable attorney fees incurred by the Township in the enforcement
proceeding and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense. For
purposes of this section, the Board of Supervisors of the Township
hereby appoints the Township Manager, Secretary, Zoning Officer, Permit
Officer or Codes Enforcement Officer as authorized representatives,
any one of whom, in addition to any police officer with jurisdiction
within the Township, may commence and pursue enforcement proceedings
pursuant to this section.
