[HISTORY: Adopted by the Board of Supervisors of the Township of
Mahoning as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-19-1974]
No persons shall conduct, hold or permit the conduct or holding on premises
owned or under his control within Mahoning Township of any musical performance
or concert at which it might be anticipated that the crowd in attendance at
said performance would exceed 5,000 persons.
The Board of Supervisors shall determine in its sole discretion whether
said crowd would exceed 5,000 persons.
This chapter is being enacted by the Board of Supervisors on the basis
that the health and welfare of the Township residents could be seriously jeopardized
in the event that such a musical performance which would attract crowds in
excess of 5,000 persons were conducted within the Township.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred by the
Township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
