[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.
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.
