[HISTORY: Adopted by the Board of Supervisors of the Township of Washington 12-4-1972 by Ord. No. 1972-4. Amendments noted where applicable.]
The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- All manner and form of entertainment, cultural, educational or otherwise, including theatrical or operatic performances, concerts, lectures, exhibits, moving picture shows, vaudeville, circuses, carnivals, fairs and sideshows; and all forms of entertainment, cultural, educational or otherwise, at fairgrounds, amusement parks and places or areas of exhibition; athletic contests or diversion, including but not limited to, among others, wrestling matches, boxing and sparring exhibitions, football, basketball and baseball games, skating, tennis, hockey, bathing, archery, shooting, riding, horse racing, automobile racing and all other forms of diversion, sport, recreation or pastime, shows, exhibitions, contests and games.
- Every individual, person, copartnership, association, unincorporated enterprise owned or operated by two or more persons, or a corporation, domestic or foreign. Whenever used in any clause prescribing and imposing a penalty, or both, the term "person," as applied to copartnerships or associations, shall mean the partners or members thereof and, as applied to corporations, the officers thereof.
- PLACE OF AMUSEMENT
- Any place, indoors or outdoors, above or below ground, within the Township of Washington, Berks County, Pennsylvania, where the general public or a limited or selected number thereof may, attend, witness or engage in any amusement, as herein defined, including but not limited to places or areas of exhibition, theaters, opera houses, auditoriums, moving picture houses, amusement parks, stadiums, arenas, gymnasiums, baseball parks, skating rinks, circus or carnival tents or grounds, fairgrounds, halls, lodge rooms, riding academies, golf courses, bathing and swimming places, tennis courts, archery, rifle or shotgun ranges, racetracks and other like places.
On and after the effective date of this chapter, it shall be unlawful for any person to continue to conduct or allow any form of amusement to continue at any place of amusement within the Township of Washington, Berks County, Pennsylvania, after the hour of 12:00 midnight.
It shall be unlawful for any person to conduct an amusement at any place of amusement where there is not sufficient parking provided within the confines of the place of amusement for all cars used by participants, customers and patrons.
It shall be a public nuisance to operate any amusement after the hour of 12:00 midnight in the Township of Washington, and the Township of Washington is authorized to proceed under any applicable law for the abatement of said nuisance, including an action in equity.
[Amended 6-9-88 by Ord. No. 1988-3; 4-11-1991 by Ord. No. 1991-3; 7-11-1996 by Ord. No. 1996-4]
Any person, firm or corporation who or which shall violate or fail to comply with any of the provisions of this chapter shall be subject to a civil fine not exceeding $600, plus any court costs and reasonable attorney fees incurred by the Township as a result of the violation. The Township Manager or any other Township representative authorized by the Board of Supervisors shall determine in each instance whether a violation of this chapter has occurred and, if so, the amount of the civil fine to be imposed. Notice of the civil fine shall be served upon the violator by certified mail, return receipt requested, or by personal delivery by a Township representative. Should the violator not pay the civil fine within 20 days of the date of service, the Township Manager or other duly designated Township representative shall file a civil enforcement proceeding with the District Justice having jurisdiction to recover the civil fine, court costs and reasonable attorney fees incurred by the Township as a result of the violation. No judgment shall be imposed until the date of the determination of a violation by the District Justice. If the violator neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day that a violation continues shall constitute a separate offense.