[HISTORY: Adopted by the Board of Supervisors of Lower Frederick
Township 7-3-2001 by Ord. No. 01-03. Amendments
noted where applicable.]
This chapter shall be known and cited as the "Lower Frederick Township
Public Gathering Ordinance."
As used in this chapter, unless the context requires otherwise, the
following terms shall have the meanings indicated:
An agent and his principal, occupant, lessee, contract purchaser,
or person other than the owner, having possession or control of property in
Lower Frederick Township.
All assemblies of people gathered for the purpose of public entertainment,
amusement or recreation reasonably anticipated to number more than 200 people
for a continuous period of two hours or more, more than 10% of whom will assemble
outdoors or in structures specifically 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 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 chapter.
No public gathering may be held within the boundaries of Lower Frederick
Township, Montgomery County, Pennsylvania, unless the sponsor, the owner of
property or the person in charge of property upon which the gathering will
be conducted jointly apply for and are granted a permit as herein provided.
A.
No permit shall be granted for a public gathering of
more than 48 hours in duration unless the application specifically requests,
and the permit specifically allows, an extension of that time.
B.
No applicant shall be under 21 years of age.
C.
No permit may be transferred or assigned to any other
party.
D.
In case of dispute over the number of people reasonably
anticipated to attend a public gathering, the decision of the Board of Supervisors
of Lower Frederick Township shall control, based on all facts available and
brought to its attention by whatever source.
A.
Written application for each public gathering shall be
made to the Board Supervisors of Lower Frederick Township according to the
following schedule:
(1)
For gatherings numbering 200 to 2,000 persons, written
application must be made 30 days prior to first day upon which public announcement,
promotion or advertising is to be made, or the day upon which the public gathering
is to commence, whichever occurs first.
B.
Applications shall be made on forms specified by the
Board of Supervisors of Lower Frederick Township and shall contain at a minimum
the following information:
(1)
The full legal names, addresses 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 partners and parties to the joint venture thereto shall sign as applicants.
If the sponsor-applicant is a corporation, copies of the Articles of Incorporation
and corporate resolution authorized in the application shall 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 diagrammatic plan of the proposed site of the mass
gathering showing the location and dimensions of the area where the programmed
entertainment, amusement or recreation is to be conducted, areas for spectators
or persons attending the event, all structures existing and to be constructed,
proposed parking areas and service roads, potable water facilities, sanitary
facilities, sewage disposal facilities, medical service facilities, facilities
for the distribution of security personnel, and facilities for food and beverage
storage, preparation and service 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, ordinances and regulations enacted thereunder have
been obtained, or will be obtained.
(8)
A statement of the number of persons expected to attend
such an event and the duration of such event.
(9)
A statement regarding the first day upon which public
announcement, promotion or advertising is to be made.
(10)
Specific information and details relating to:
(a)
Food and drink facilities and providers thereof.
(b)
Sanitary and waste disposal facilities and providers
thereof.
(c)
Transportation and parking facilities.
(d)
Security and protection of surrounding areas, including
specific reference to the number of security personnel assisting in the control
of traffic and supervision of those attending, and providers thereof.
(e)
The on-site medical facilities and providers thereof.
(f)
Janitorial services and post-gathering trash removal,
on-site restoration and providers thereof.
(g)
Lighting and other utilities.
(11)
Certificates of insurance issued by an insurance company
licensed to do business in Pennsylvania, evidencing comprehensive general
liability, or special event public liability, in an amount of at least $1,000,000
personal injury and $200,000 for property damages, which policy shall name
the Township as additional named insured.
(12)
A statement containing the names and addresses of licensed
ticket printers to be used and the plans for assuring the return of monies
upon the termination of cancellation of the event as well as a means of notifying
potential and existing ticket holders of such cancellations where the anticipated
number of people attending is over 2,000 persons.
(13)
Examples of proposed advertising of the event, as necessary.
(14)
Applicants' statement that they shall abide by the terms
and provisions of this chapter, and all laws, rules and regulations of the
United States, the Commonwealth of Pennsylvania, the County of Montgomery,
and the Township of Lower Frederick.
C.
Fee.
(1)
Each application shall be accompanied with a cash fee to cover
the cost of inspection, investigation, issuance, and administration of the
permit in the following amount:
|
Persons Reasonably
Anticipated to Attend Event
|
Fee
| |
|---|---|---|
|
200 to 500
|
$300
| |
|
501 to 2,000
|
$500
| |
|
2,001 to 3,500
|
$800
| |
|
3,501 to 5,000
|
$800
| |
|
5,001 to 10,000
|
$1,000
| |
|
Over 10,000
|
$1,200
|
(2)
No part of the permit fee is refundable.
D.
The Board of Supervisors of Lower Frederick Township
shall make its decision as to the issuance of the permit according to the
following schedule:
(1)
For gatherings numbering 200 to 2,000 persons, 10 days
prior to the first day upon which public announcement, promotion or advertising
is to be made or 10 days prior to the day upon which the public gathering
is to commence, whichever occurs first.
(2)
For gatherings numbering more than 2,000 persons, 20
days prior to the first day upon which public announcement, promotion or advertising
is to be made or 20 days prior to the day upon which the public gathering
is to commence, whichever occurs first.
A.
As an additional condition to the issuance of a permit
for public gathering as defined herein, the Township may require, at its discretion
after consideration of the applications submitted, that the applicants submit
a bond, in the amount to be determined in accord with the schedule set forth
below and any form approved by the Township Solicitors to save and protect
and indemnify the Township from any loss or expense sustained as a result
of:
(1)
Loss and/or damage to the Township's streets, pavements,
bridges, road signs and all other Township property caused by persons sponsoring,
working at, or attending and participating in the public gathering and any
vehicles or other instrumentalities in their control.
(2)
Failure of the persons to whom a permit was issued to
perform their obligations under the permit granted by the Township, including,
but not limited to, such things as restoring the premises where the public
gathering was held to a sanitary condition, or providing necessary security
or traffic control.
B.
The corporate bond of indemnity or cash deposits shall
be in the following amounts:
|
Persons Reasonably
Anticipated to Attend
|
Cash Deposit or Bond Amount
| |
|---|---|---|
|
200 to 500
|
$2,000
| |
|
501 to 2,000
|
$3,000
| |
|
2,001 to 3,500
|
$4,000
| |
|
3,501 to 5,000
|
$10,000
| |
|
5,001 to 10,000
|
$15,000
| |
|
Over 10,000
|
$35,000
|
A.
Any permit issued by the Board of Supervisors of Lower
Frederick Township or its duly appointed agent shall be expressly conditioned
upon satisfaction or completion of the conditions recited in this section,
according to the following schedule:
B.
Failure to satisfy the following conditions within the
context set forth shall constitute grounds for the immediate revocation of
the permit by the Township and a cancellation of the public gathering:
(1)
Sanitary facilities. Written approval of the Pennsylvania
Department of Environmental Protection and other responsible government agencies,
indicating that an applicant's plan for swimming, potable water supply, sanitary
toilet facilities, sewage disposal facilities, washing facilities, and food
preparation and service facilities conform with applicable laws, ordinances,
rules and regulations relating to the public health.
(2)
Public safety.
(a)
Security. Applicants must demonstrate that a plan, and
the means to implement the plan, exist to provide for adequate traffic control
and crowd control, which plan must include:
(b)
Enclosures. Applicants must demonstrate that a plan,
and means to implement the plan, exist to have the location where the public
gathering is to be held enclosed with snow fencing or other similar material
of equivalent strength of not less than four feet in height, if admission
is charged and attendance is reasonably expected to exceed 2,000 persons.
(c)
Medical services. Applicants must demonstrate that a
plan, and means to implement the plan, exist to provide sufficient medical
services to the public gathering. Each public gathering shall have as a minimum
one ambulance staffed by two adult individuals trained in first aid techniques
in attendance at all times. Identification of the company or person supplying
this service must be provided.
(d)
Parking facilities. Applicants must demonstrate that
a plan, and a means to implement the plan, exist to provide adequate parking
facilities appropriate to the anticipated number of persons attending. There
must be adequate parking facilities to accommodate one vehicle for every four
persons reasonably anticipated to be in attendance. There must also be provided
adequate egress and ingress to and from parking areas to facilitate the movement
of any vehicle at any time to and from the parking area and permit access
by emergency vehicles.
(e)
Vendors. Applicants must demonstrate that any vendor
has applied for and received the required permit under this chapter. Applicants
will be the sole entity responsible for the regulation of the concession stand
vendors.
(3)
Structures. All facilities, including structures, stages,
lighting facilities sanitation facilities and other utilities to be specially
assembled, constructed, and installed, or erected for the public gathering,
must be in place and be approved by appropriate state and federal regulatory
agencies, and, if its regulations apply, by the Township or its duly appointed
agent.
A.
Each vendor who intends to sell, trade, purchase or make
any wares, foodstuffs, beverages or commercial items at a public gathering
as defined under this chapter shall apply for a vendor's permit. The application
for the permit shall include:
B.
It will be the responsibility of the vendor permit applicant
to independently contract with the public gathering permittee for services
to be rendered at the public gathering. The Township shall have no authority
to issue vendor permits directly to vendors without the approval of the public
gathering permittee.
C.
It will be the responsibility of the public gathering
permittee to regulate the actions of the vendors to assure that the vendor
is following all applicable state and county statutes, ordinances, rules and
regulations. If a vendor violates any of the laws set forth above, the public
gathering permittee will notify the vendor of the violation and ask the vendor
to conform with the law. If vendor does not do so, the public gathering permittee
will have the vendor removed with the assistance of the Township, if necessary.
If public gathering permittee allows vendor to remain in violation, the public
gathering permittee can and will be subject to any and all penalties provided
for in this chapter.
D.
Vendors' fee. Each vendor will be required to pay a permit
fee in the amount of $100, of which $75 is refundable upon the inspection
and satisfaction of the Township that the vendor has reasonably restored their
vending area to its previous condition.
E.
The public gathering permittee will collect all vendor
permit applications and fees and submit them all at once to the Township at
least 10 days prior to the first day upon which public announcement, promotion
or advertising is to be made or 10 days prior to the day upon which the public
gathering is to commence, whichever occurs first.
A.
The public gathering permittees must maintain the sanitary
and sewage facilities, parking facilities, security and traffic control personnel
and medical service facilities and other facilities and utilities provided
in accordance with the plan submitted and approved, and in a safe and healthful
manner.
B.
No permittee, or persons having control of the public
gathering, shall condone any illegal conduct on the premises, including, but
not limited to, disorderly conduct or illegal possession, sale, or use of
intoxicating beverages or drugs.
C.
The burden of preserving order during the public gathering
is upon the permittee of the public gathering. Any violation 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 Montgomery County
or Lower Frederick Township, or of the conditions of the permit granted, may
be cause for immediate revocation of the permit by the Board of Supervisors
of Lower Frederick Township or by the Pennsylvania Department of Environment
Protection or by the Pennsylvania State Police, 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 permittee of the public gathering shall immediately terminate
the assembly and provide for the orderly dispersal of those in attendance.
D.
The Board of Supervisors of Lower Frederick Township,
its authorized agents and representatives 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.
E.
No programmed entertainment, amusement or recreation
or the use of sound amplification equipment shall be provided or permitted
between the hours of 11:00 p.m. and 10:00 a.m. or shall be operated in a location
which is less than 500 feet from any school, church or place or institution
of human inhabitation or public road.
F.
Any applicant with more than 10% proprietary interest
in the public gathering, and the owners of the property or person in charge
of the property, or their designated agents or representatives, shall be required
to be in attendance of 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 or Township laws, ordinances, or rules or regulations.
G.
Public gatherings operating without a permit under this
chapter based on a reasonable anticipation of less than 200 persons in attendance
shall limit attendance therein to 199 persons, and printed tickets, if utilized,
can not number more than 199.
H.
At the conclusion of the program the permittee shall
terminate the assembly or gathering and shall supervise the orderly dispersal
of those in attendance. No one shall be permitted to remain overnight on the
licensed premises, except permanent residents, unless overnight camping or
other facilities were approved by the Township pursuant to the application
process.
This chapter shall in no way be a substitute for, nor eliminate the
necessity of, complying with any and all federal and state laws, rules and
regulations, county and Township ordinances which are now, or may be in the
future, in effect which pertain to the conduct of public gatherings.
Any person who initiates, organizes, promotes, permits, conducts or
causes to be advertised a public gathering without obtaining the permit provided
for in this chapter, or who knowingly conducts, permits or allows a public
gathering with a permit but in violation of the terms and conditions of this
chapter and of the permit granted, or who shall counsel, aid or abet such
violations or failure to comply, shall, upon conviction in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable by a fine
of not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term not exceeding
30 days. Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
