[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg 5-13-2019 by Ord. No. 2019-07. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 119, Carnivals and Circuses, which consisted of Art. I, Carnivals, adopted 8-22-1931, as amended, and Art. II, Circuses, adopted 2-11-1976 by Ord. No. 76-42, as amended.
No civic special event shall be conducted by any person, organization, or entity (hereinafter "civic special event operator") upon any private property in the Borough of Chambersburg without first obtaining a permit from Council through the Borough Secretary, or designee. No civic special event operator shall hold a civic special event prior to full compliance with the rules, policies or provisions as may be promulgated from time to time by the Borough of Chambersburg. The Borough Secretary shall inform Council concerning the granting and issuance of any civic special event permit. The granting of a permit shall not constitute an endorsement of the applicant by the Borough of Chambersburg.
"Civic special event" shall mean a temporary event, gathering, or activity, including but not limited to events, farmers markets, flea markets, commercial parties with admission or the sale of merchandise, concerts with or without admission fees, carnivals, circuses, or other types of festivals with or without admission or sale of merchandise, political or public speaking events, and seasonal celebrations, all of which are a temporary use on private property, not typically permitted or utilized as the site of such events, which involve one or more of the following activities:
Temporary sale of merchandise, food, or beverages;
Temporary site of amplified music, entertainment, or information;
Temporary erection of a tent equal to or greater than 200 square feet;
Temporary installation of a stage, band shell, trailer, van, grandstand, bleachers or other portable building or structure;
Temporary placement of portable toilets;
Temporary placement of carnival rides, pony rides or similar, traveling or temporary animal exhibits, or a midway;
Temporary events reasonably expected to have more than 300 visitors in a calendar day;
Placement of temporary no-parking signs in parking lots or driveways usually accessible to the general public; or
Placement of temporary pedestrian boundary markers or barricades to prohibit public access to spaces usually accessible to the general public.
Events in the public right-of-way must comply with Chapter 204, Parades and Public Gatherings.
Civic special events must be in compliance with all applicable Borough codes, including but not limited to the Borough Health Code, the Pennsylvania Uniform Construction Code as administered by the Borough, the Borough Property Maintenance Code, and the Borough Zoning Code.
The Council of the Borough of Chambersburg may, from time to time, establish fees associated with the administration of this chapter.
A special event permit shall terminate at the end of the special event as indicated on the permit application and may not be extended without the express written consent of the Borough Secretary, or designee.
In the event the civic special event operator fails to fully and completely comply with the provisions as may be established by the Borough of Chambersburg, or is convicted of any unlawful activities as defined by this Code, the Borough Secretary shall have the right to immediately revoke said permit and may enforce a prohibition on reissuance to the same civic special event operator for a period of 36 months.
Any person or entity who shall violate any provision of this chapter shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs of prosecution and in default of payment of the same, to undergo imprisonment for not more than 30 days.
Enforcement shall be by the Borough Police Department.