[HISTORY: Adopted by the Board of Supervisors of the Township of Warwick 12-12-1997 by Ord. No. 97-9. Amendments noted where applicable.]
Littering — See Ch. 111.
Noise — See Ch. 123.
Editor's Note: This ordinance also superseded former Ch. 49, Assemblies, Mass Public, adopted 9-27-1984 as Part 6:1000 of the 1984 Warwick Township Code, as amended.
The following words shall have the following meanings when used in this chapter, unless the context clearly requires otherwise:
- 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 assemblies of people for the purpose of public amusement reasonably anticipated to number more than 300 for a continuous period of three hours or more, whether or not an admission fee is charged. Public gatherings, municipally sponsored, are exempt from the permitting requirements of this chapter.
- Any 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 chapter. A separate permit shall be required for each public gathering for the period of time designated by the permit.
No public gathering may be held within the boundaries of the Township unless the sponsor, the owner of property and the person in charge of the property upon which the gathering will be conducted jointly apply for and are granted a permit as provided in this chapter.
No permit shall be available for an extent of more than 36 hours' duration unless the application and the 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 regarding the number of people reasonably anticipated to attend a public gathering, the decision of the Board or its designee shall control.
Written application for a permit for each public gathering shall be submitted to the Board at least 60 days prior to the first day upon which the public gathering is to commence.
Application for a permit shall be made on forms specified by the Board and shall contain the following information:
The full legal names, addresses and telephone numbers of all sponsors.
The full legal names and addresses 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 thereof shall sign as applicants. If the sponsor-applicant is a corporation, copies of the articles of incorporation, bylaws and resolutions 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 diagrammatic sketch plan of the proposed site of the public gathering showing the locations and dimensions of the proposed service roads and any proposed temporary structures, portable water facilities, sanitary facilities, sewage disposal facilities, medical service facilities, distribution of security personnel and provision 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; sanitary facilities; 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 postgathering trash removal.
A certified copy of the bond or verified evidence of other suitable financial arrangements, as hereinafter required, must be 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 event, 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.
Applicant's statement that they shall abide by the terms and provisions of this chapter and all laws, rules and regulations of the Commonwealth of Pennsylvania, County of Bucks and the Township.
Each application shall be accompanied with a cash fee in an amount as set forth in the Warwick Township Fee Schedule  to cover the cost of inspection, investigation, issuance and administration of the permit. No part of the permit application fee shall be refundable.
The Board or its designee shall either grant or deny the application for permit at least 20 days prior to the first date upon which the public gathering is to commence.
No permit shall be issued unless the applicant shall furnish to the Township a comprehensive liability insurance policy insuring the Township against liability for damage to persons or property, with limits of not less than $1,000,000 for bodily injury or death to one person or $2,000,000 for bodily injury or death in one event, and with limits of not less than $500,000 for property damage, sufficient in form to save the Township harmless from any liability or causes of action which might arise by reason of granting of the permit and noncancelable without 10 days' prior written notice to the Township.
No permit shall be issued unless the applicant shall deposit with the Township a surety company bond in a sum determined appropriate by the Township Board's duly appointed representative and conditioned that all requirements of the permit will be fully performed by the applicant, that no damage will be done to any public or private property and that the applicant will not permit any litter, debris or other refuse to remain upon any public or private property by reason of granting of the permit. Such surety bond shall serve as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the Township from any and all damage that may be caused by vehicles, employees or participants in such event and shall be used, if necessary, to restore the ground where such event is held to a sanitary condition and pay all charges and losses to the Township for damages to streets, pavement, bridges and other property and to reimburse the Township for any expense necessitated by the event.
No permits shall be issued by the Board or its designee unless all of the conditions cited herein have been satisfactorily concluded at least 21 days prior to the first day upon which a public gathering is to commence.
The conditions mentioned in Subsection A are as follows:
Sanitary facilities. Written approval of the Bucks County Health Department indicating that the 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 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 Township Police Chief with the application. Marshals must be orientated 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 not less than four feet in height.
Adequate lighting must be provided, subject to the approval of the Board.
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 of 2,000 or more people shall have a minimum of one ambulance staffed by two adult individuals trained in first aid techniques in attendance at all times. Unless otherwise indicated by the Police Chief, each additional 500 persons in attendance at any one event shall require an additional ambulance staffed by two adult individuals trained in first aid techniques.
Parking facilities. Written approval of the 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 any 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, must have a valid building permit issued by the Township and must be inspected and approved by the Building Inspector of the Township prior to commencement of the gathering. All electrical work either permanent or temporary which is installed under the permit for the gathering shall be inspected and approved by an independent underwriting agency prior to the Township inspection.
All facilities, whether located indoors or outdoors, shall be in place at least 24 hours prior to the commencement of the public gathering and approved by the Fire Marshal of the Township.
No permittee shall serve alcoholic beverages to any individual under the age of 21 or to any visibly intoxicated person.
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, the County of Bucks or the Township or of the conditions of the permit granted pursuant to this chapter may be cause for immediate revocation of the permit by the Board or its designee 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, its designee or authorized representatives and the representative of the County of Bucks shall be granted access to the public gathering at all times for the purpose of inspection and enforcement of the terms and conditions imposed by this chapter.
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, its designee, the Township Police Chief or the County Health Officer shall have the authority to require the applicants to limit further admissions until all conditions and provisions recited in this chapter are met.
Any applicant with more than a ten-percent proprietary interest in the public gathering and the owner of the property or person in charge of the property or their designated agents or representatives shall be required to be in attendance at the public gathering at all times 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 chapter, based on a reasonable anticipation of less than 350 persons in attendance, shall limit attendance therein to 349 persons, and printed tickets, if utilized, cannot number more than 349.
Any person or entity who initiates, organizes, promotes, permits, conducts or causes to be advertised a public gathering without obtaining the permit required in this chapter or who knowingly conducts, permits or allows a public gathering with a permit but in violation of the terms and provisions of this chapter and of the permit granted or who shall counsel, aid or abet such violation or failure to comply shall, upon a summary conviction before a District Justice, be sentenced to pay a fine of $1,000, plus the costs of prosecution. Upon default of payment of said fine, said person shall be sentenced to undergo imprisonment in the Bucks County Prison for a period not exceeding 30 days. Each day's violation of any of the provisions of this chapter shall constitute a separate and distinct offense. In addition to the above, the Township also reserves the option of pursuing any and all other remedies permitted at law or in equity, whether in advance of the public gathering or following the public gathering.