As used in this chapter, unless the context requires otherwise, the
following terms shall have the meaning indicated:
PERSON IN CHARGE OF PROPERTY
An agent, occupant, lessee, contract purchaser or person other than
the owner, having possession or control of property in Washington Township.
PUBLIC GATHERING
All assemblies of people open to the public, or where the public
at large is invited to attend, reasonably anticipated to number more than
100 people for a continuous period of two hours or more, more than 10% of
whom will assemble outdoors or in structures specially constructed, erected
or assembled for the gathering, whether or not an admission fee is charged.
The term "public gathering" shall not include annual gatherings, such as county
fairs, old times gatherings and reunions, held on property dedicated to general
public assemblage or any performance or exhibition that, in the opinion of
Washington Township Council, is conducted solely for benevolent or charitable
purposes.
SPONSOR
Any natural 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.
No public gatherings may be held within the boundaries of Washington
Township, Erie County, Pennsylvania, unless the sponsor, the owner of property
and the person in charge of property upon which the gathering will be conducted
jointly apply for and are granted a permit as herein provided.
A. No permit shall be available for an extent of more than
48 hours' duration unless the applicant requests and the permit specifically
allows 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 a dispute over the number of people reasonably
anticipated to attend the public gathering, the decision of Washington Township
Council shall control.
E. An application for the permit required by this chapter
must be filed with the Township Manager at least 30 days before the date on
which the public gathering is proposed to be held.
Every applicant for a permit under this chapter shall furnish satisfactory
evidence to Washington Township Council that a comprehensive general liability
or special event insurance policy has been obtained. Public liability from
an insurance company licensed to do business in Pennsylvania in amounts of
not less than $1,000,000 for personal injury and $100,000 for property damage
and $1,000,000 for any one accident will be in force and effect during the
period such public gathering is to be conducted in the township. The company
and policy shall be subject to the approval of the Township Council and shall
name the township as an additional insured.
No permits shall be issued by Washington Township Council or its agent
unless all of the conditions recited herein have been satisfactorily concluded
in accordance with the granting of said application by the Council under this
chapter:
A. Sanitary facilities: written approval of the Erie County
Health Department and/or the Pennsylvania Department of Environmental Protection
indicating that the applicant's 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, shall conform to applicable
state and county laws, rules and regulations relating to the public health.
B. Public safety: written statements of the Pennsylvania
State Police indicating that plans have been made to meet the following conditions:
(1) Applicants have provided for adequate traffic control
and crowd control personnel, i.e., one security person for every 50 motor
vehicles reasonably anticipated to be at the location and one security person
for each 150 persons reasonably anticipated to be in attendance.
(2) A list of those marshals must be presented to the Pennsylvania
State Police with the application. The marshals must be oriented and instructed
by the Pennsylvania State Police and the sponsor of the public gathering prior
to the commencement of the gathering.
(3) Applicants have completely enclosed the ground where
the public gathering is to be held with snow fencing or other similar material
of equivalent strength of not less than four feet in height.
(4) Adequate lighting must be provided, subject to approval
of Washington Township Council.
C. Medical services: written approval by the Erie County
Emergency Medical Services and the Edinboro Volunteer Fire Department indicating
that sufficient medical service has been provided by the applicant. Each public
gathering shall have as a minimum one ambulance staffed by two individuals,
at least one of which holds an EMT certificate, in attendance at all times.
D. Parking facilities: written approval of the Washington
Township Zoning Administrator and Washington Township Council indicating that
parking is available within or adjacent to the premises upon which the public
gathering is to be conducted as herein provided:
(1) Such parking facilities shall provide parking space for
one vehicle (minimum ten-feet-by-twenty-feet space) for every four persons
reasonably anticipated to be in attendance at the public gathering.
(2) 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.
E. Directional signs. At no time shall any directional signs
to the site named in the application for permit hereunder be posted along
roads in the township except those designated by Washington Township Council.
All signs must be removed within 48 hours of the close of the public gathering.
All facilities, including stage, to be specially assembled, constructed
or erected for a public gathering must be in place at least 24 hours before
the commencement of the public gathering and be approved by Washington Township
Council or the Washington Township Zoning Administrator.
The Washington Township Council shall have the power to institute in
the Court of Common Pleas of Erie County suits in equity to restrain or prevent
violation of this chapter. In cases where the municipality revokes any permits
deemed improperly issued under these provisions, or in other cases where the
circumstances require it or the public health may be endangered, a mandatory
preliminary injunction may be issued upon the terms prescribed by the Court,
notice of the application therefor having been given to the defendant in accordance
with the rules of equity practice, and in any such case the municipality shall
not be required to give bond.
[Amended 12-3-1996 by Ord.
No. 7-96; 7-1-1997 by Ord.
No. 3-97]
A. Enforcement proceedings for violations of this article shall be as provided in Chapter
1, General Provisions, Article
III, Criminal Enforcement.
B. Any person who initiates, organizes, promotes, permits,
conducts or causes to be advertised a public gathering without obtaining the
permit provided for 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 conviction thereof
by any District Justice, be required to pay a criminal fine in the amount
of $300 per violation, and shall be imprisoned to the extent allowed by law
for the punishment of summary offenses. A failure from day to day to comply
with this chapter shall be a separate offense for each day.
This chapter shall in no way be a substitute for nor eliminate the necessity
of complying with any and all state laws, rules, and regulations and county
and township ordinances which are not or may be in the future in effect which
pertain to the conduct of public gatherings.