[HISTORY: Adopted by the Board of Supervisors of the Township of Independence 6-8-1983 by Ord. No. 2-83. Amendments noted where applicable.]
As used in this chapter unless the context 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 in Independence Township.
- PUBLIC GATHERING
- All assemblies of people for the purpose of public amusement reasonably anticipated to number more than 500 for a continuous period of two hours or more, more than 25% of whom will assemble outdoors or in structures specially constructed, erected or assembled for the gathering, whether or not an admission fee is charged.
- 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.
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 Independence Township, Beaver County, Pennsylvania, unless the sponsor, the owner of the property and the person in charge of the property upon which the gathering will be conducted jointly apply for and be granted a permit as herein provided.
No permit shall be available for a period of more than 48 hours duration unless application requests and permit specifically allows for an extension of that period.
No applicant shall be under 18 years of age.
A permit cannot be transferred or assigned.
In case of dispute over the number of people reasonably anticipated to attend the public gathering, the decision of the Board of Supervisors of Independence Township shall control.
Written application for each public gathering shall be made to the Board of Supervisors of Independence Township according to the following schedule:
A gathering numbering 500-2,000 persons, 20 days prior to the first day upon which the public gathering is to commence.
A gathering numbering 2,000-3,500 persons, 30 days prior to the first day upon which the public gathering day is to commence.
A gathering numbering over 3,500 persons, 60 days prior to the first day upon which the public gathering is to commence.
Applications shall be made on forms specified by the Board of Supervisors of Independence Township and shall contain at least the following information:
The full legal name, address and telephone number of all sponsors. If a sponsor is a corporation, partnership or unincorporated association, the full legal names, addresses and telephone numbers of all officers, partners and/or other persons having 5% or more stocks or other interest in such public gathering shall be provided.
The full legal name and address 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 thereto shall sign as applicants. If the sponsor-applicant is a corporation, copies of the articles of incorporation, bylaws and corporate resolution 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 mass gathering showing the locations and dimensions of the proposed service roads, portable water facilities, sanitary facilities, sewage disposal facilities, medical service facilities, distribution of security personnel, and provisions 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, and quantities thereof available.
Sanitary facilities, with details as to type and number of facilities;
Transportation and parking facilities, with details as to availability of transportation and the number of parking spaces.
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, with specifics as to available personnel and general equipment to be available.
Janitorial services and post gathering trash removal and site restoration, with specifics as to the number of persons and equipment available.
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.
Applicants' 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 Beaver and Township of Independence.
The Board of Supervisors, or its agent, shall either grant or deny the application for permit according to the following schedule:
A gathering numbering 500-2,000 persons, five days prior to the first day upon which the public gathering is to commence;
A gathering numbering 2,000 - 3,500 persons, 10 days prior to the first day upon which the public gathering is to commence;
A gathering numbering over 3,500 persons, 15 days prior to the first day upon which the public gathering is to commence.
The applicants shall submit with their application a corporate bond of indemnity in a form approved by the Township Solicitor, or cash deposit to save and protect Township streets, pavements, bridges, road signs and all other Township property from any and all damages that might be caused by vehicles, employees or participants in the public gathering and to be used, if necessary, to restore the premises where such public gathering is held to a sanitary condition and pay all charges and losses to the Township for damages to the streets, pavements, bridges, and all other Township property or claims of any type against the Township as a result of the public gathering.
Should the permitted public gathering necessitate that the Township deploy or employ additional personnel as a direct result of the public gathering, such added expense shall be recoverable from the principals and/or their indemnitor. The cash deposit or its balance will be returned to the applicants upon final audit of the Township as to what damages, if any, occurred and what deployment and employment of personnel, if any, was necessitated.
The corporate bond of indemnity or cash deposit shall be in the following amounts:
The property owner or person in charge of the property making application shall sign as an additional indemnitor, to insure against damage to streets, pavements, bridges, road signs and all other Township property, to indemnify the Township against any and all claims of any type against the Township resulting in any manner from the public gathering and to meet costs of the Township for deploying or employing personnel directly attributable to the conduct of the public gathering, and to insure that the property will be restored to a sanitary condition.
No permits shall be issued by the Board of Supervisors of Independence Township or its agent, unless all of the conditions recited herein have been satisfactorily concluded according to the following schedule:
A gathering numbering 500 to 2,000 persons, six days prior to the first day upon which the public gathering is to commence.
A gathering numbering 2,000 to 3,500 persons, 11 days prior to the first day upon which the public gathering is to commence.
A gathering numbering over 3,500 persons, 20 days prior to the first day upon which the public gathering is to commence.
Sanitary facilities. A plan evidencing adequate water supplies, toilet facilities, washing facilities, and food preparation and services and, if applicable, the type of food preparation and food facilities shall be submitted to the Township Supervisors for their review. Such plan shall conform with applicable state and county laws, rules and regulations relating to the public health. Approval of the Pennsylvania Department of Health and the Pennsylvania Department of Environmental Protection shall be obtained when and where required.
Public safety. Written statements of the Beaver County Sheriff and Pennsylvania State Police indicating that plans have been made to meet the following conditions:
Provisions for adequate traffic control and crowd control personnel, including but not limited to one marshal for every 100 motor vehicles reasonably anticipated to be at the location and one marshal for each 200 persons reasonably anticipated to be in attendance.
A list of those marshals must be presented to the Beaver County Sheriff with the application. The marshals must be orientated and instructed by the Sheriff and the sponsor of the public gathering at least five days prior to the commencement of the gathering.
Proof that 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.
Such adequate lighting as is necessary, subject to approval of the Board of Supervisors of Independence Township.
Medical services. A plan for sufficient medical services shall be submitted for consideration by the Township Supervisors. Where appropriate, Pennsylvania Department of Health and/or Pennsylvania Department of Environmental Protection approval of the medical services plan shall be obtained. Each public gathering shall have as a minimum, one ambulance staffed by two adult individuals trained in the first-aid techniques and who have qualified for emergency medical technician status pursuant to rules and regulations promulgated by the Department of Health in attendance at all times.
Parking facilities. Written approval of the Beaver County Sheriff 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 three 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, 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 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 and be approved by the Independence Township Board of Supervisors or their approved agent.
No permittee, or persons having control of the public gathering shall condone the presence of alcoholic beverages or drugs or the consumption of alcoholic beverages or drugs on the property and no person during the public gathering shall take or carry onto the property or consume thereon, drugs of any type which are illegal to possess pursuant to the laws of the Commonwealth of Pennsylvania. No alcoholic beverages shall be possessed or consumed by persons under the age of 21 years and no alcoholic beverages shall be permitted in terms of possession or consumption at any public gathering where more than 2,000 people are reasonably anticipated to attend. Under no circumstances shall alcoholic beverages be sold at any public gathering relative to this chapter.
The burden of preserving order during the public gathering is upon the permittee of the public gathering. Any violations of the laws of the Commonwealth of Pennsylvania or its rules and regulations or of the terms and conditions of this chapter or other ordinances of Beaver County or Independence Township, of the permit granted hereunder may be cause for immediate revocation of the permit by the Board of Supervisors of Independence Township or by the Pennsylvania Department of Environmental Protection or the Pennsylvania Department of Health 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 disposal of those in attendance.
The Board of Supervisors of Independence Township, its authorized agents and representatives, and the representatives of the County and Township departments having responsibility for approval under this chapter shall be granted access to the public gathering at all times for the purpose of inspection and enforcement of the terms and conditions imposed herein.
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 school, house, church, dwelling unit or 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 of Supervisors of Independence Township, the Pennsylvania Department of Environmental Protection, or the Beaver County Sheriff shall have the authority to require the applicants to limit further admissions until all conditions and provisions recited herein are met.
Any applicant with more than 10% proprietary interest, if any, 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 and shall be responsible for insuring 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 500 persons in attendance shall limit attendance therein to 499 persons, and printed tickets, if utilized, cannot number more than 499.
Any person who initiates, organizes, promotes, permits, conducts or causes to be advertised a public gathering without obtaining the permit provided 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 be subject to the appropriate penalties set forth in Chapter 1, General Provisions, Article II.
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, county and township ordinances which are now or may be in the future, in effect which pertain to the conduct of public gatherings.