[HISTORY: Adopted by the Board of Supervisors of the Township of
Independence 6-8-1983 by Ord. No. 2-83.
Amendments noted where applicable.]
A.
PERSON IN CHARGE OF PROPERTY
PUBLIC GATHERING
SPONSOR
As used in this chapter unless the context requires otherwise:
An agent, occupant, lessee, contract purchaser or person other than
the owner, having possession or control of property in Independence Township.
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.
A.
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.
B.
No applicant shall be under 18 years of age.
C.
A permit cannot be transferred or assigned.
D.
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.
A.
Written application for each public gathering shall be
made to the Board of Supervisors of Independence Township according to the
following schedule:
(1)
A gathering numbering 500-2,000 persons, 20 days prior
to the first day upon which the public gathering is to commence.
(2)
A gathering numbering 2,000-3,500 persons, 30 days prior
to the first day upon which the public gathering day is to commence.
(3)
A gathering numbering over 3,500 persons, 60 days prior
to the first day upon which the public gathering is to commence.
B.
Applications shall be made on forms specified by the
Board of Supervisors of Independence Township and shall contain at least the
following information:
(1)
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.
(2)
The full legal name and address of the owner and person
in charge of the property to be utilized for the public gathering.
(3)
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.
(4)
The location and address of the property to be utilized
for the public gathering.
(5)
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.
(6)
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.
(7)
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.
(8)
A statement of the number of persons expected to attend
such event and the duration of such attendance.
(9)
The specific details relating to:
(a)
Food and drink, and quantities thereof available.
(b)
Sanitary facilities, with details as to type and number
of facilities;
(c)
Transportation and parking facilities, with details as
to availability of transportation and the number of parking spaces.
(d)
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;
(e)
On-site medical facilities and hospital care, with specifics
as to available personnel and general equipment to be available.
(f)
Janitorial services and post gathering trash removal
and site restoration, with specifics as to the number of persons and equipment
available.
(10)
A certified copy of the bond or verified evidence of
other suitable financial arrangements, as hereinafter required, must be attached
to the application.
(11)
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.
(12)
Examples of proposed advertising of the event, if any.
(13)
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.
D.
The Board of Supervisors, or its agent, shall either
grant or deny the application for permit according to the following schedule:
(1)
A gathering numbering 500-2,000 persons, five days prior
to the first day upon which the public gathering is to commence;
(2)
A gathering numbering 2,000 - 3,500 persons, 10 days
prior to the first day upon which the public gathering is to commence;
(3)
A gathering numbering over 3,500 persons, 15 days prior
to the first day upon which the public gathering is to commence.
A.
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.
B.
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.
C.
The corporate bond of indemnity or cash deposit shall be in the
following amounts:
|
Persons Reasonably Anticipated
|
Cash Deposit or Bond Amount
| |
|---|---|---|
|
500 to 2,000
|
$1,000
| |
|
2,500 to 3,500
|
$2,000
| |
|
3,500 to 5,000
|
$4,000
| |
|
5,000 to 10,000
|
$10,000
| |
|
10,000 to 25,000
|
$25,000
| |
|
25,000 to 50,000
|
$50,000
| |
|
Over 50,000
|
$100,000
|
D.
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.
A.
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:
(1)
A gathering numbering 500 to 2,000 persons, six days
prior to the first day upon which the public gathering is to commence.
(2)
A gathering numbering 2,000 to 3,500 persons, 11 days prior to the first day upon which the public
gathering is to commence.
(3)
A gathering numbering over 3,500 persons, 20 days prior
to the first day upon which the public gathering is to commence.
B.
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.
C.
Public safety. Written statements of the Beaver County
Sheriff and Pennsylvania State Police indicating that plans have been made
to meet the following conditions:
(1)
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.
(2)
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.
(3)
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.
(4)
Such adequate lighting as is necessary, subject to approval
of the Board of Supervisors of Independence Township.
D.
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.
E.
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:
(1)
Such parking facilities shall provide parking space for
one vehicle for every three 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, 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.
A.
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.
B.
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.
C.
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.
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 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.
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
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.
F.
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.
G.
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.
