[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]
A.
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.
D.
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:
An agent, occupant, lessee, contract purchaser or person other than
the owner having possession or control of property.
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.
A.
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.
B.
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.
C.
No applicant shall be under 21 years of age.
D.
No permit may be transferred or assigned.
E.
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.
A.
Written application for each public gathering shall be
made to the Board of Supervisors of Doylestown Township according to the following
schedule:
|
Size of Gathering
(persons)
|
Number of Days Prior to First Day of Gathering
|
|---|---|
|
1,000 to 2,000
|
20
|
|
2,000 to 3,500
|
30
|
|
3,500 to 5,000
|
45
|
|
Over 5,000
|
60
|
B.
Application shall be made on forms specified by the Board
of Supervisors of Doylestown Township and shall contain at least the following
information:
(1)
The full legal name, address and telephone numbers of
all sponsors.
(2)
The full legal name and address of the owner and person
in charge of the property to be utilized for the public gathering.
(3)
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.
(4)
The location and address of the property to be utilized
for the public gathering.
(5)
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.
(6)
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.
(7)
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.
(8)
A statement of the number of persons expected to attend
such event and the duration of such attendance.
(9)
The specific details relating to:
(a)
Food and drink.
(b)
Sanitary facilities.
(c)
Transportation and parking facilities.
(d)
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.
(e)
On-site medical facilities and hospital care.
(f)
Janitorial services and post-gathering trash removal.
(10)
A certified copy of the bond or verified evidence of
other suitable financial arrangements, as hereinafter required, attached to
the application.
(11)
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.
(12)
Examples of proposed advertising of the event, if any.
(13)
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.
(14)
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]
C.
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.[1] No part of the permit fee is refundable.
[Amended 11-4-1991 by Ord. No. 208]
D.
The Board of Supervisors or its agent shall either grant
or deny the application for permit according to the following schedule:
|
Size of Gathering
(persons)
|
Number of Days Prior to First Day of Gathering
|
|---|---|
|
1,000 to 2,000
|
5
|
|
2,000 to 3,500
|
10
|
|
3,500 to 5,000
|
15
|
|
Over 5,000
|
20
|
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.
A.
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.
B.
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]
C.
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:
|
Size of Gathering
(persons)
|
Number of Days Prior to First Day of Gathering
|
|---|---|
|
1,000 to 2,000
|
6
|
|
2,000 to 3,500
|
11
|
|
3,500 to 5,000
|
16
|
|
Over 5,000
|
21
|
A.
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.
B.
Public safety. Written statement of the Doylestown Township
Police Chief indicating that plans have been made to meet the following conditions:
(1)
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)
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.
(3)
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)
Adequate lighting must be provided subject to approval
of the Board of Supervisors or the Township Manager.
C.
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.
D.
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:
(1)
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)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
A.
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.
B.
One sign shall be permitted to be posted at each entrance
to the event during the duration of the event.
C.
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.
D.
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.
E.
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,[1] 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.
