[HISTORY: Adopted by the Board of Supervisors
of the Township of Darlington 7-2-1981 by Ord. No. 23. Amendments noted where
applicable.]
As used in this chapter, unless the context requires otherwise,
the following terms shall have the meanings indicated:
An agent, occupant, lessee, contract purchaser, or person
other than the owner, having possession or control of property in
Darlington Township.
All assemblies of people for the purpose of public amusement,
excluding those sponsored by the Blackhawk School District, reasonably
anticipated to number more than 250 for a continuous period of two
hours or more, more than 10% of whom will assemble outdoors or in
structures specially constructed, erected, or assembled for the gathering,
whether or not an admission fee is charged.
Any natural person, association, partnership, firm, corporation,
joint venture, or any other legal entity whatsoever, who initiates,
organizes, promotes, permits, conducts or causes to be advertised
a public gathering.
It shall be unlawful for any sponsor, owner
of property, or person in charge of property to initiate, organize,
promote, permit, conduct, or cause to be advertised a public gathering,
unless a permit has been first obtained for the conduct of such public
gathering as provided in this chapter. Such a permit shall be required
for each public gathering.
Written application for each public gathering
shall be made to the Board of Supervisors of Darlington Township in
verified form. The application shall be filed with the Township Secretary
at least 45 days prior to the first day upon which the public gathering
is to commence. Determination granting or denying the application
shall be made within 15 days after filing of the application. No permit
shall be granted unless the applicant complies with all requirements
of this chapter. Denial of the permit shall be in writing.
Applications shall be made on forms specified
by the Board of Supervisors of Darlington Township, and in the absence
of forms, then in a verified petition containing the following information:
A.Â
The full legal name, address and telephone numbers
of all sponsors.
B.Â
The full legal name and address of the owner and person
in charge of the property to be utilized for the public gathering.
C.Â
If the sponsor-applicant is a partnership or joint
venture, then all parties thereto shall sign as applicants. If the
sponsor-applicant is a corporation, copies of the articles of incorporation,
bylaws, and corporate resolution authorizing the application may be
required.
D.Â
The location and address of the property to be utilized
for the public gathering.
E.Â
The program for the public gathering, or if no program
is prepared, a narrative statement as to the purpose for which the
public gathering is to be conducted.
F.Â
A diagrammatic sketch plan of the proposed site of
the public gathering showing the locations and dimensions of the proposed
parking areas, access and service roads, potable water facilities,
sanitary facilities, sewage disposal facilities, medical service facilities,
distribution of security personnel, and provisions for food storage,
as well as camping facilities and projected plan for enclosure, if
necessary, of the proposed site.
G.Â
Evidence that all permits and licenses as required
by state and county statutes and rules and regulations enacted thereunder
have been obtained or will be obtained.
H.Â
A statement of the number of persons expected to attend
such event and the duration of such attendance.
I.Â
The specific details relating to:
(1)Â
Food and drink.
(2)Â
Sanitary facilities.
(3)Â
Transportation and parking facilities.
(4)Â
Security and protection of surrounding areas, including
specific reference to the number of marshals assisting in the control
of traffic and supervision of those attending.
(5)Â
On-site medical facilities and hospital care.
(6)Â
Janitorial services and post-gathering trash removal
and site restoration.
J.Â
A statement containing the names and address of licensed
ticket printers to be used and the plans for assuring the return of
monies upon the termination or cancellation of the event as well as
the means of notifying the public and ticket holders of such cancellation.
K.Â
Examples of proposed advertising of the event, if
any.
L.Â
Applicant's statement that they shall abide by the
terms and provisions of this chapter and all laws, rules and regulations
of the Commonwealth of Pennsylvania, County of Beaver and Township
of Darlington.
M.Â
Applicant's statement that they acknowledge that a
permit may not be transferred or assigned, and that such action on
their part will result in revocation of the permit.
A.Â
Each application shall be accompanied with a case
fee, as set by resolution of the Board of Supervisors, to cover the
cost of inspection, investigation, issuance, and administration. No
part of the permit fee is refundable.[1]
B.Â
No permit shall be issued unless and until the applicant
shall furnish the Township of Darlington with a comprehensive liability
policy insuring the Township of Darlington against liability for damage
to persons or property with limits of not less than $500,000/$2,000,000
for bodily injury or death and limits of not less than $1,000,000
for property damage sufficient in form to save the Township of Darlington
harmless from any liability or causes of action which may arise by
reason of the granting of the permit, the conduct of the event, the
participants and spectators, which policy shall be noncancellable
without 20 days' prior written notice to the Township of Darlington.
C.Â
The applicants shall submit with their application
a cash deposit or a corporate bond of indemnity in a form approved
by the Township Solicitor in the amount of $50,000, to save and protect
Township streets, pavements, bridges, road signs and all other Township
property from any and all damage that might be caused by vehicles,
employees, or participants in the public gathering, and to be used,
if necessary, to restore the premises where such public gathering
is held to a sanitary condition and pay all charges and losses to
the Township for damages to the streets, pavements, bridges, and all
other Township property.
(1)Â
Should the permitted public gathering necessitate
that the Township deploy or employ additional personnel as a direct
result of the public gathering, such added expense shall also be recoverable
from the cash deposit or the bond of indemnity. The cash deposit or
its balance will be returned to the applicants upon final audit of
the Township as to what damages, if any, occurred and what deployment
and employment of personnel, if any, was necessitated.
(2)Â
The property owner of person in charge of the property
making application shall sign as an additional indemnitor to insure
against damage to streets, pavements, bridges, road signs, and all
other Township property, to meet costs of the Township for deploying
or employing personnel directly attributable to the conduct of the
public gathering, and to insure that the property will be restored
to a sanitary condition.
Each applicant must obtain the following written approvals.
Failure to have these required written approvals filed with the Township
Secretary not less than 15 days prior to the first day the public
gathering is to commence shall result in the automatic revocation
of any permit previously granted to the applicant.
A.Â
Sanitary facilities. Written approval of the Pennsylvania
Department of Environmental Protection, indicating that the applicant's
plan for water supply, toilet facilities, washing facilities, and
food preparation and food facilities to be provided conform with applicable
state and county laws, rules and regulations relating to the public
health.
B.Â
Public safety. Written statements of the Beaver County
Sheriff and Pennsylvania State Police indicating that plans have been
made to meet the following conditions:
(1)Â
Applicants have provided for adequate traffic control
and crowd control personnel, i.e., one marshal for every 50 motor
vehicles reasonably anticipated to be at the location and one marshal
for each 150 persons reasonably anticipated to be in attendance.
(2)Â
A list of those marshals must be presented to the
Beaver County Sheriff with the application. The marshals must be oriented
and instructed by the Sheriff and the sponsor of the public gathering
prior to the commencement of the gathering.
(3)Â
Applicants have completely enclosed the ground where
the public gathering is to be held with snow fencing, or other similar
material of equivalent strength, of not less than four feet in height.
(4)Â
Adequate lighting must be provided subject to approval
of the Board of Supervisors of Darlington Township.
C.Â
Medical services. Written approval by the Pennsylvania
Department of Environmental Protection indicating that sufficient
medical services have been provided by the applicant. Each public
gathering shall have as a minimum one ambulance staffed by two adult
individuals trained in the first-aid techniques in attendance at all
times.
D.Â
Parking facilities. Written approval of the Beaver
County Sheriff indicating that parking is available within or adjacent
to the premises upon which the public gathering is to be conducted
as herein provided:
(1)Â
Such parking facilities shall provide parking space
for one vehicle for every four persons reasonably anticipated to be
in attendance at the public gathering.
(2)Â
Adequate ingress and egress shall be provided from
such parking area to facilitate the movement of any vehicle at any
time to or from the parking area; provided, however, that should buses
be used to transport the public to the public gathering, it shall
be shown that public parking, as described above, is available at
any site from which buses are scheduled to pick up persons to transport
them to the public gathering.
All facilities, including stage, to be specially
assembled, constructed, or erected for the public gathering must be
in place at least 24 hours before the commencement of the public gathering.
A.Â
No permittee, or persons having control of the public
gathering, shall condone the presence of alcoholic beverages or drugs
or the consumption of alcoholic beverages or drugs on the property,
and no person during the public gathering shall take or carry onto
the property, or consume thereon, alcoholic beverages or drugs.
B.Â
The burden of preserving order during the public gathering
is upon the permittees of the public gathering. Any violations of
the laws of the Commonwealth of Pennsylvania, or its rules and regulations,
or of the terms and conditions of this chapter, or other ordinances
of Beaver County or Darlington Township, of the permit granted hereunder
may be cause for immediate revocation of the permit by the Board of
Supervisors of Darlington Township, or by the Department of Environmental
Protection, upon notification to the person in charge that a violation
exists and the failure of the person in charge to take immediate action
to correct the violation. Upon revocation of any permit, the permittees
of the public gathering shall immediately terminate the assembly and
provide fro the orderly dispersal of those in attendance.
C.Â
The Board of Supervisors of Darlington Township, its
authorized agents and representatives, and the representatives of
the county and Township departments having responsibility for approval
under this chapter shall be granted access to the public gathering
at all times for the purpose of inspection and enforcement of the
terms and conditions imposed herein.
D.Â
No musical entertainment, either live or recorded
utilizing sound amplification equipment, shall be operated in a location
which is less than 500 feet from any school house, church, dwelling
unit, or any other place of permanent human habitation, and there
will be no programmed entertainment provided between the hours of
11:00 p.m. and 10:00 a.m.
E.Â
If at any time during the conduct of the public gathering
the number of persons in attendance exceeds by 10% the number of persons
represented by the applicants for the permit anticipated to be in
attendance, the Board of Supervisors of Darlington Township, the Pennsylvania
Department of Environmental Protection, or the Beaver County Sheriff
shall have the authority to require the applicants to limit further
admissions until all conditions and provisions recited herein are
met.
F.Â
Any applicant with more than 10% proprietary interest,
if any, in the public gathering, and the owner of property or person
in charge of the property, or their designated agents or representatives,
shall be required to be in attendance at the public gathering and
shall be responsible for insuring that no person shall be allowed
to remain on the premises who is violating any state, county or Township
laws, rules or regulations.
G.Â
Public gatherings operating without a permit under
this chapter based on a reasonable anticipation of less than 250 persons
in attendance shall limit attendance therein to 249 persons, and printed
tickets, if utilized, cannot number more than 249.
Any person who initiates, organizes, promotes,
permits, conducts or causes to be advertised a public gathering without
obtaining the permit required in this chapter, or who knowingly conducts,
permits or allows a public gathering with a permit but in violation
of the terms and provisions of this chapter and of the permit granted,
or who shall counsel, aid or abet such violation of failure to comply,
shall, upon summary conviction thereof before a Magisterial District
Judge, be subject to a fine of $1,000, together with costs. In default
of the payment of any fine, the defendant shall be sentenced to jail
for a period not exceeding 90 days. Each day's violation shall be
deemed a separate offense.
