[HISTORY: Adopted by the Board of Supervisors of the Township of Doylestown 4-15-1980 as Ch. VI, Arts. 2 and 3, of the 1980 Code of Ordinances. Amendments noted where applicable.]
[Amended 8-19-1997 by Ord. No. 263]
The Second Class Township Code, Act of May 1, 1933, P.L. 103, Art. 1, § 101 et seq., as amended, provides Supervisors of second class townships with the power, inter alia, to promote the public safety and health of the citizens of a second class township and to regulate the conduct of places of public entertainment, amusement and recreation.
The Board finds and determines that this article which prescribes the procedure and rules and regulations for conducting public gatherings is necessary to protect the health, safety and welfare of the citizens of Doylestown Township, Bucks County, Pennsylvania. This article shall be liberally construed to accomplish this purpose.
As used in this article, unless the context requires otherwise, the following terms shall have the meanings indicated:
- PERSON IN CHARGE OF PROPERTY
- An agent, occupant, lessee, contract purchaser or person other than the owner having possession or control of property.
- PUBLIC GATHERING
- All outdoor assemblies of people for the purpose of public amusement
anticipated to number more than 250 people for a continuous period of eight
hours or more, whether or not an admission fee is charged.[Amended 8-19-1997 by Ord. No. 263]
- 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 obtained pursuant to this article. A separate permit shall be required for each public gathering for the period of time designated by the permit.
No public hearing may be held within the boundaries of Doylestown Township, Bucks County, Pennsylvania, unless the sponsor, the owner of property and the person in charge of property upon which the gathering will be conducted jointly apply for and are granted a permit as herein provided.
No permit shall be available for an extent of more than 48 hours' duration unless the application and permit specifically allow for an extension of that period.
No applicant shall be under 21 years of age.
No permit may be transferred or assigned.
In case of dispute over the number of people reasonably anticipated to attend the public gathering, the decision of the Board of Supervisors of Doylestown Township shall control.
Written application for each public gathering shall be made to the Board of Supervisors of Doylestown Township according to the following schedule:
Application shall be made on forms specified by the Board of Supervisors of Doylestown Township and shall contain at least the following information:
The full legal name, address and telephone numbers of all sponsors.
The full legal name and address of the owner and person in charge of the property to be utilized for the public gathering.
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, the bylaws and the resolution authorizing the application may be required.
The location and address of the property to be utilized for the public gathering.
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.
A diagramatic sketch plan of the proposed site of the mass gathering showing the locations and dimensions of the proposed 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 plans for enclosure, if necessary, of the proposed site.
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.
A statement of the number of persons expected to attend such event and the duration of such attendance.
The specific details relating to:
Food and drink.
Transportation and parking facilities.
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.
On-site medical facilities and hospital care.
Janitorial services and post-gathering trash removal.
A certified copy of the bond or verified evidence of other suitable financial arrangements, as hereinafter required, attached to the application.
A statement containing the names and addresses of licensed ticket printers to be used and the plans for assuring the return of moneys upon the termination or cancellation of the events, as well as the means of notifying potential and existing ticket holders of such cancellation, where the anticipated number of people attending is over 5,000 persons.
Examples of proposed advertising of the event, if any.
The applicants' statement that they shall abide by the terms and provisions of this article and all laws, rules and regulations of the Commonwealth of Pennsylvania, County of Bucks and Township of Doylestown.
Information on signs proposed to be erected or used in association with the event, including location, size, number and content of proposed signs, together with the proposed dates for erection and removal of said signs.
[Added 8-19-1997 by Ord. No. 263]
Each application shall be accompanied with a fee to cover the cost of inspection, investigation, issuance and administration of the permit in the amount established by resolution of the Board of Supervisors. No part of the permit fee is refundable.
[Amended 11-4-1991 by Ord. No. 208]
The Board of Supervisors or its agent shall either grant or deny the application for permit according to the following schedule:
The applicants shall submit with their application a corporate bond of indemnity in a form approved by the Township Solicitor or a cash deposit 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 to pay all charges and losses to the Township for damages to the streets, pavements, bridges and all other Township property.
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 be recoverable from the principals and/or their indemnitor. 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.
The applicant shall be required to deliver to the Township a certificate of insurance, naming the Township as an additional insured, in an amount not less than $1,000,000.
[Amended 11-4-1991 by Ord. No. 208]
The property owner or person in charge of 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.
No permits shall be issued by the Board of Supervisors of Doylestown Township or its agent unless all of the conditions recited herein have been satisfactorily concluded according to the following schedule:
Sanitary facilities. Written approval of the Bucks County Health Department, indicating that applicants' plan for water supply, toilet facilities, washing facilities and food preparation and service, if applicable, the type of food preparation and food facilities to be provided conform with applicable state and county laws, rules and regulations relating to the public health.
Public safety. Written statement of the Doylestown Township Police Chief indicating that plans have been made to meet the following conditions:
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).
A list of those marshals must be presented to the Doylestown Township Police Chief with the application. The marshals must be oriented and instructed by the Police Chief and the sponsor of the public gathering prior to the commencement of the gathering.
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.
Adequate lighting must be provided subject to approval of the Board of Supervisors or the Township Manager.
Medical services. Written approval by the Bucks County Department of Health indicating that sufficient medical service has 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.
Parking facilities. Written approval of the Doylestown Township Police Chief indicating that parking is available within or adjacent to the premises upon which the public gathering is to be conducted as herein provided:
Such parking facilities shall provide parking space for one vehicle for every four persons reasonably anticipated to be in attendance at the public gathering.
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 the 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 and be approved by the Building Inspector of Doylestown Township.
No permittee or persons having control of the public gathering shall condone the presence of intoxicating liquor or the consumption of intoxicating liquor on the property, and no person during the public gathering shall take or carry onto the property or drink thereon intoxicating liquor, except as licensed or permitted by state law.
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 article or other ordinances of Bucks County or of Doylestown Township or the permit granted hereunder may be cause for immediate revocation of the permit by the Board of Supervisors of Doylestown Township or by the Bucks County Health Department 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 for the orderly dispersal of those in attendance.
The Board of Supervisors of Doylestown Township, its authorized agents and representatives and the representative of the county and Township departments having responsibility for approval under this article 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.
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 schoolhouse, 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.
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 Doylestown Township, the County Health Officer or the Police Chief shall have the authority to require the applicants to limit further admissions until all conditions and provisions recited herein are met.
Any applicant with more than 10% proprietary interest, if any, in the public gathering and the owner of property or person in charge of property or their designated agents or representatives shall be required to be in attendance at the public gathering and shall be responsible for ensuring that no person shall be allowed to remain on the premises who is violating any state, county or Township laws, rules or regulations.
Public gatherings operating without a permit under this article based on a reasonably anticipation of less than 1,000 persons in attendance shall limit attendance therein to 999 persons, and printed tickets, if utilized, cannot number more than 999.
[Amended 11-4-1991 by Ord. No. 208]
Any person who initiates, organizes, promotes, permits, conducts or causes to be advertised a public gathering without obtaining the permit provided in this article or who knowingly conducts, permits or allows a public gathering with a permit but in violation of the terms and provisions of this article and of the permit granted or who shall counsel, aid or abet such violation or failure to comply shall, upon conviction thereof, be punishable as provided in § 1-13 of Chapter 1, General Provisions. A failure from day to day to comply with this article shall be a separate offense for each such day.
This article shall in no way be a substitute for nor eliminate the necessity of complying with any and all state laws, rules and regulations and county and Township ordinances which are now or may be in the future in effect which pertain to the conduct of public gatherings.
[Added 8-19-1997 by Ord. No. 263]
Temporary signs may be erected for the purpose of advertising the public event. Signs proposed to be erected in conjunction with the public event must be indicated on the application form submitted for a permit. In addition to any signs that may be permitted by Chapter 175, Zoning, the following additional signs are permitted, provided that they comply with the following regulations:
Two temporary banners or signs not exceeding 60 square feet shall be permitted to be erected no more than 30 days prior to the event.
One sign shall be permitted to be posted at each entrance to the event during the duration of the event.
Directional signs indicating the location of the event, parking areas and so forth may be erected 24 hours prior to the commencement of the event and shall be removed within 3 days of the end of the event.
Other signs that may be necessary for the event may be permitted, provided that the applicant indicates sign types, numbers and locations on the permit application.
No signs shall be illuminated.
In the conduct or operation of supermarkets, shopping centers, private parking areas, tournaments and other events of public assemblages where there are assembled large numbers of persons, the Chief of Police may, upon payment to the Township of the sums hereinafter specified, supply the number of uniformed police officers that he deems necessary to properly supervise and police said activity in order to maintain public order and the safe and speedy conduct of traffic on the highway and in, into and out of parking areas and for the protection of property and the supervision of attendance of the persons, customers and patrons attending said activity.
[Amended 11-4-1991 by Ord. No. 208]
There shall be paid to Doylestown Township for the police services provided under the terms of this article a sum based upon the prevailing overtime wage earned by each policeman, plus a service charge per officer in an amount set by resolution of the Board of Supervisors, for each assignment, which shall be paid into the general fund. If the assignment is less than two hours' duration, there shall be a charge for not less than two hours.
Any party requesting police supervision under this article shall be required to execute an agreement approved by the Solicitor of Doylestown Township, to indemnify Doylestown Township from all liability for damages in excess of stated limits of the policies of insurance maintained by and for the Police Department of Doylestown Township.
The Chief of Police shall keep a record of all police officers who desire to perform off-duty police services, and so far as possible he shall make off-duty assignments to those men in an equitable manner. For such assignments, police officers shall be paid the prevailing overtime wage earned by each police officer with a minimum payment of two hours per assignment. This compensation shall be included as a part of police compensation for the purposes of pension, and during the time police officers are working in this extra-duty capacity, they shall be entitled to all the benefits to which they are entitled as regular police officers.
In the event of an emergency that requires the presence of Doylestown Township police officers, the Chief of Police may summon the police officers who have been assigned to extra duty, and they shall report as ordered.
The Chief of Police shall keep and maintain a record of the assignment of police officers to extra service as herein provided and certify the same to the Director of Public Safety and the Supervisors of Doylestown Township at least once a month; and upon approval of the Supervisors of Doylestown Township, an order shall be issued paying said police officers the sums provided herein, less proper deductions.