Township of Whitpain, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 4-3-1972 by Ord. No. 82. Amendments noted where applicable.]
GENERAL REFERENCES
Disturbing the peace — See Ch. 83.
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT
Any indoor or outdoor theatrical, musical or dramatic performance, rock festival, parade or carnival or any other exhibition, show, entertainment or amusement of any similar nature or kind.
[Amended 5-19-1986 by Ord. No. 165]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
[Amended 5-19-1986 by Ord. No. 165]
It shall be unlawful for any person, whether personally, by agents or employees or along with some other business or enterprise, to hold or to permit the holding on premises owned or under the control of such person any amusement in Whitpain Township without first having obtained a permit therefor in accordance with the provisions of this chapter.
A. 
[Amended 5-19-1986 by Ord. No. 165] An applicant for a permit under this chapter shall file with the Township Office a written application signed by himself, if an individual, or by all partners, if a partnership, or by the president and secretary of a corporation or other organization, upon forms provided by the Board of Supervisors, together with three copies of such application and a fee as hereinafter prescribed. The application shall be sworn to by each of its signers before a notary public or other officer authorized by law to administer oaths and shall include the following information:
(1) 
The name, business address and telephone number of the person who proposes to conduct the amusement. If such person is a partnership, the application should include the name of each partner, or if a corporation or other organization, the name of each officer and director.
(2) 
The type of amusement proposed.
(3) 
The date or dates on which such amusement is proposed to be held.
(4) 
The hours during which the proposed amusement is to be held on each date submitted as required by Subsection A(3) above.
(5) 
The proposed location of the amusement.
(6) 
The approximate number of people per performance per day which the applicant estimates will attend the proposed amusement at the location submitted as required by Subsection A(5) above.
B. 
A separate application must be filed for each proposed location.
[Amended 8-18-80 by Ord. No. 82-1]
A. 
Every application for a permit hereunder shall be accompanied by a bond, subject to the approval of the Township Solicitor, executed by a bonding or surety company authorized to do business in the Commonwealth of Pennsylvania, conditioned for the faithful observance of the provisions of this chapter and the saving harmless of Whitpain Township from any and all liability and causes of action which might arise by virtue of the granting of such permit and conditioned further that no damage will occur to the streets, bridges or other public or private property in the township or adjacent thereto as a result of the amusement and that the licensee will not permit any paper, litter or other debris from the amusement to remain thereon.
[Amended 5-19-1986 by Ord. No. 165]
B. 
Such bond shall remain in full force and effect until certification by the Board of Supervisors that all conditions of this chapter have been complied with and that the aforesaid property and roads have been placed in satisfactory condition and all debris has been removed.
C. 
The amount of the bond to accompany every application for a permit shall be according to the following schedule:
Anticipated Daily Attendance
Bond
Up to 1,000
$10,000
1,001 to 10,000
$20,000
10,001 to 20,000
$30,000
Over 20,000
$40,000
[Amended 5-19-1986 by Ord. No. 165]
Every applicant for a permit under this chapter shall furnish satisfactory evidence to the Secretary of the Board of Supervisors that a public liability insurance policy, in amounts not less than $300,000 for one person and $500,000 for any one accident, will be in force and effect during the period in which such amusement is to be conducted in the township. Such policy shall be subject to the approval of the Township Solicitor.
[Amended 8-18-1980 by Ord. No. 82-1]
Each application for a permit shall be accompanied by a nonrefundable fee of $100.
[Amended 5-19-1986 by Ord. No. 165]
Upon receipt of an application for an amusement permit as provided for herein, the Secretary of the Board of Supervisors shall furnish copies of same to the other members of the Board. The Board's duly appointed representatives shall cause an investigation to be made in order to determine if the application should be approved and the permit granted. No amusement permit shall be issued unless the application is approved by the Board.
The Board shall not issue a permit under this chapter until it finds that:
A. 
The application for such permit has been properly submitted.
B. 
Certified copies of all state and county permits have been 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 amusement.
[Amended 5-19-1986 by Ord. No. 165]
C. 
The bond required by this chapter has been submitted with the application and approved by the Township Solicitor.
D. 
The evidence of public liability insurance required by this chapter has been filed with the Secretary of the Board and approved by the Township Solicitor.
E. 
The permit fee required by this chapter has been paid.
F. 
[Amended 5-19-1986 by Ord. No. 165] An investigation has been made of the proposed amusement by the Board or its duly appointed representatives and it has been ascertained that:
(1) 
There are sufficient accommodations for the number of persons and/or vehicles likely to be attracted thereto.
(2) 
The location is suitable for the proposed purpose and free from unsanitary, dangerous or hazardous conditions.
(3) 
The operation of such proposed amusement would not be in violation of any governing law, ordinance or regulation.
(4) 
The operation of said amusement will not, by reason of noise, immoral activity or otherwise, constitute a nuisance to the residents of the township.
A. 
[Amended 5-19-1986 by Ord. No. 165] If any of the findings provided for in § 66-8 above are unfavorable to the applicant, the Board shall notify the applicant that his application is denied and that no permit will be issued. Upon request, the Board shall furnish the applicant with a brief written statement of the grounds upon which the application was denied. If the findings in § 66-8 above are favorable to the applicant, the Board shall issue a permit hereunder to conduct the amusement. The permit shall in every case state the following:
(1) 
The name and business address of the person authorized to conduct the amusement.
(2) 
The type of amusement authorized.
(3) 
The date or dates on which the proposed amusement is to be conducted.
(4) 
The hours during which the amusement is to be conducted on each date or dates authorized by Subsection A(3) above.
(5) 
The site on which the amusement is to be conducted.
(6) 
The hour and date on which the permit shall terminate.
B. 
A separate permit shall be issued for every site and a separate fee paid for each. A permit shall not be assignable.
No holder of a permit under this chapter shall:
A. 
Make or permit to be made any unnecessary or unreasonable noise by loudspeaker, amplifying device or other means which would constitute a nuisance to the residents of the township.
B. 
Post any directional signs to the site named in the application for permit hereunder along any roads in the township except those designated by the Board of Supervisors.
C. 
Permit upon the site named therein any disorderly or immoral conduct; any gambling; any sale of obscene literature, pictures, film or other objects; any indecent, immoral or lewd act or performance; or any possession, sale or use of intoxicants or drugs of any kind.
D. 
Conduct any such amusement between the hours of 1:30 a.m. and 12:00 noon on Sunday nor between the hours of 1:30 a.m. and 9:00 a.m. on other days.
[Amended 5-19-1986 by Ord. No. 165]
The Board of Supervisors shall forthwith revoke any permit granted under this chapter for any of the following reasons:
A. 
If the permittee violates in any way any provision of this chapter or the permit.
B. 
If the permittee has obtained his permit through any fraud or misstatement.
C. 
If the permitted amusement is being conducted in a manner detrimental to the health, safety or general welfare of the public or is a nuisance or is being operated or conducted in any unlawful manner.
[Amended 5-19-1986 by Ord. No. 165]
[Amended 1-2-1989 by Ord. No. 184]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution for each violation thereof or, in default of payment of such fine and costs, to imprisonment for not more than 30 days in the county jail.