[HISTORY: Adopted by the Board of Supervisors of the Township of
North Coventry 5-10-1971 by Ord. No. 41.
Amendments noted where applicable.]
A.
OUTDOOR AMUSEMENT
PERSON
As used in this chapter, the following terms shall have
the meanings indicated:
Includes any outdoor theatrical, musical or dramatic performance,
festival, or carnival, or any other outdoor exhibition, show, entertainment,
or amusement of any nature or kind, for which an admission fee is charged
or for which money or any other reward of any nature is in any manner demanded,
expected or received. The term "outdoor amusement" shall not include any church,
fire company, school affair, or playground affair or activity sanctioned by
the North Coventry Parks and Recreation Commission and performed solely in
a park or playground of North Coventry Township nor any performance or exhibition
conducted solely for the benefit of a charitable organization as that term
is defined under the Internal Revenue Code and only where such organization
qualifies for an exemption concerning taxable activities under the Internal
Revenue Code.
Any natural person, partnership, association, firm, corporation or
entity of any kind whatsoever.
B.
In this chapter, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
A.
No person either as principal or agent shall conduct,
promote or hold any outdoor amusement in the Township of North Coventry unless
the same shall have been licensed according to the provisions of this chapter.
An application for the license required by this chapter must be filed with
the Secretary of the Board of Supervisors at least 60 days before the date
on which the outdoor amusement is proposed to be held. Such application shall
be in writing and shall include:
(1)
The name and business address of the person who proposes
to conduct the outdoor amusement; and
(2)
The type of outdoor amusement proposed; and
(3)
The date or dates on which the proposed outdoor amusement
is to be conducted; and
(4)
The hours during which the proposed outdoor amusement is to be conducted on each date submitted as required by Subsection A(3) supra; and
(5)
The site on which the proposed outdoor amusement is to
be conducted; and
(6)
The number of people per performance per day which the
applicant estimates will attend the proposed outdoor amusement.
B.
A separate application must be filed for each site and
every application must be duly acknowledged and contain a statement that the
facts set forth therein are true and correct under the penalties of perjury.
A.
No license shall be issued under this chapter until:
(1)
The application required by this chapter has been approved
by the Board of Supervisors; and
(2)
A certified copy of all state and county permits are
filed with the Secretary of the Board of Supervisors in any instance in which
state and county permits are required to conduct the proposed outdoor amusement;
and
(3)
The Board of Supervisors, or their agents, have inspected
the premises where the proposed outdoor amusement is to be held to ascertain
whether such premises are suitable for the purpose and free from unsanitary,
dangerous and hazardous features; and
(4)
The cash or property bond required by this chapter has
been paid; and
(5)
The evidence of public liability insurance required by
this chapter has been filed with the Secretary of the Board; and
(6)
The license fee required by this chapter has been paid;
and
(7)
A letter or other proof establishing compliance with
the Chester County Health Department requirements concerning health, safety
and food licensing requirements has been filed with the Secretary of the Board
of Supervisors.
B.
The Board may cause any other investigation or inspection
to be made to secure the facts needed by it to determine if the application
should be approved and the license granted. It may reject the application
and refuse to grant the license if any unsanitary, hazardous or dangerous
conditions exist, or if the location is deemed by it unsuitable because the
conduct of the proposed outdoor amusement is likely to create unnecessary
annoyance to the residents or inhabitants of the locality. In every case,
the Board of Supervisors, approving the application and issuing a license,
shall state in the license the type of outdoor amusement authorized and the
time for which the license is to remain in effect.
Every person applying for a license for an outdoor amusement under this
chapter shall deposit with the Township Secretary a cash bond or in lieu of
same, post a property bond secured by property situate in Chester County,
in the sum of $100,000 conditioned for the faithful observance of the provisions
of this chapter and the saving harmless of the Township of North Coventry
from any and all liabilities and causes of action which might arise by virtue
of the granting of such license in said Township, and further conditioned
that no damage will occur to streets, bridges and other public or private
property in the Township, or adjacent thereto, as a result of the outdoor
amusement and that the licensee will not permit any dirt, paper, litter or
other debris from the outdoor amusement to remain thereon. Said bond shall
also be a guarantee for treating with suitable dust layer those unpaved roads
in the vicinity of the licensed premises designated by the Board of Supervisors.
Before any program is commenced, the licensee shall treat the roads so designated,
if any, by the Board of Supervisors with suitable dust layer approved by the
Board. Such cash bond or property bond shall be returned upon 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
a neat condition and all debris removed.
Every applicant for a license under this chapter shall furnish satisfactory
evidence to the Township Secretary that a public liability insurance policy
in amounts of not less than $500,000 for one person and $1,000,000 for any
one accident, will be in force and effect during the period which such outdoor
amusement is to be conducted in the Township. Such policy shall be subject
to the approval of the Township Solicitor.
Before a license shall issue to any person whose application under this
chapter has been approved by the Board of Supervisors, that person shall pay
to the Township Secretary a fee of $100.
Every applicant shall further furnish the Board with satisfactory proof
evidencing that sufficient police have been hired and employed for protection
of the public during the full time of said outdoor amusement on the site and
in the vicinity of the site. In the alternative, each applicant shall post
a cash bond, or in lieu of same, post a property bond secured by property
situate in Chester County, in the additional sum of $50,000 conditioned for
the payment of any police officers and traffic officers which the Township
shall hire to protect the public health, welfare and safety during the time
of said outdoor amusement. In such case, the determination of the Board of
Supervisors shall be final and after the said outdoor amusement is conducted
and held, the Board of Supervisors shall have the power and right to pay all
bills and expenses incurred for the hiring of the additional police protection
and traffic police.
Every applicant for a license under this chapter shall furnish satisfactory
evidence to the Township Secretary that full time medical services shall be
available on the said site adequate to meet any and all emergency conditions
arising during the said time that the said outdoor amusement is conducted,
promoted or held.
A.
When all of the requirements of this chapter have been
met and the application has been approved by the Board, the Township Secretary
shall issue a license hereunder to conduct the outdoor amusement. The license
shall in every case state:
(1)
The name and business address of the person authorized
to conduct the outdoor amusement; and
(2)
The type of outdoor amusement authorized; and
(3)
The date or dates on which the proposed outdoor amusement
is to be conducted; and
(4)
The hours during which the outdoor amusement is to be conducted on each date or dates authorized by Subsection A(3) supra; and
(5)
The site on which the outdoor amusement is to be conducted;
and
(6)
The hour and date on which the license shall expire.
B.
A separate license must be issued for every site and
a separate fee paid for each. A license shall not be assignable.
No holder of a license under this chapter shall make or permit to be
made any unnecessary or unreasonable noise by loud speaker, amplifying device
or any other means which would disturb the residents in the vicinity of the
premises wherein such licensed outdoor amusement is held.
At no time shall any directional signs to the site named in the application
for license hereunder be posted along any roads in the Township except those
designated and allowed by the Board of Supervisors.
No person granted a license under this chapter shall permit upon the
site named therein:
The Board of Supervisors shall forthwith revoke any license granted
under this chapter if at any time dangerous, hazardous, and unsanitary conditions
develop on the site designated in the license or if the licensee violates
in any way any provision of this chapter, and no part of the license fee shall
be refunded.
A.
No person who has title of record and/or actual possession and
control of any land in North Coventry Township, Chester County, Pennsylvania,
shall (1) permit any person to use such lands for the conduct of an outdoor
amusement which has not been licensed as required by this chapter or (2) permit
any person to enter upon such lands to conduct, promote, hold, prepare for,
or attend an outdoor amusement thereon which has not been licensed as required
by this chapter, nor shall any person enter upon any land in North Coventry
Township, Chester County, Pennsylvania, for the purpose of attending an outdoor
amusement which has not been licensed as required by this chapter. Each entry
in violation of this chapter shall constitute a separate offense hereunder.
B.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay a fine
of not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this chapter. No judgment
shall be imposed until the date of the determination of the violation by the
Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment pursuant
to the applicable Rules of Civil Procedure. Each day a violation exists shall
constitute a separate offense. Further, the appropriate officers or agents
of the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.[1]
