[HISTORY: Adopted by the Board of Supervisors of the Township of
Warwick 12-12-1997 by Ord. No. 97-9.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 49, Assemblies,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:
An agent, occupant, lessee, contract purchaser or person other than
the owner having possession or control of property.
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.
A.
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.
B.
No applicant shall be under 21 years of age.
C.
No permit may be transferred or assigned.
D.
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:
A.
The full legal names, addresses and telephone numbers
of all sponsors.
B.
The full legal names and addresses of the owner and person
in charge of the property to be utilized for the public gathering.
C.
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.
D.
The location and address of the property to be utilized
for the public gathering.
E.
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.
F.
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.
G.
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.
H.
A statement of the number of persons expected to attend
such event and the duration of such attendance.
I.
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.
J.
A certified copy of the bond or verified evidence of
other suitable financial arrangements, as hereinafter required, must be attached
to the application.
K.
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.
L.
Examples of proposed advertising of the event, if any.
M.
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 [1] 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.
A.
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.
B.
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.
A.
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.
B.
The conditions mentioned in Subsection A are as follows:
(1)
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.
(2)
Public safety. Written statement of the Township Police
Chief indicating that plans have been made to meet the following conditions:
(a)
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.
(b)
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.
(c)
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.
(d)
Adequate lighting must be provided, subject to the approval
of the Board.
(3)
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.
(4)
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:
(a)
Such parking facilities shall provide parking space for
one vehicle for every four persons reasonably anticipated to be in attendance
at the public gathering.
(b)
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.
A.
No permittee shall serve alcoholic beverages to any individual
under the age of 21 or to any visibly intoxicated person.
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, 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.
C.
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.
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,
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.
F.
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.
G.
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.
