[HISTORY: Adopted by the Board of Supervisors of the Township of Jackson 4-1-1980 by Ord. No. 1-80. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Jackson Township Amusement Ordinance."
The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the following meanings, respectively, except in those instances where the context clearly indicates a different meaning:
ADMISSION
A monetary charge of any character whatever, including donations, contributions and dues, membership fees (periodical or otherwise) charged or paid or proceeds from concessions, licenses or in any manner benefiting a promoter and/or owner of premises as herein defined from the general public or limited or selected number thereof, directly or indirectly, for the privilege of attending or engaging in any amusement as herein defined.
AMUSEMENT
Any manner or form of public entertainment, amusement or recreation conducted within the Township of Jackson, including but not limited to the following: theatrical performance, operatic performance, folk or music festival, carnival, circus, show, concert, sports events, auto race, vaudeville show, side show, amusement park and all forms of entertainment therein, dancing and any other form of diversion, sport, pastime or recreation, provided that "amusement" shall not include any form of entertainment which is conducted entirely within the confines of a building regularly used for such entertainment.
[Amended 12-5-1995 by Ord. No. 83-95]
BOARD
The Board of Supervisors of Jackson Township.
PERSON
Includes any natural person, partnership, association, firm, trust, club, company or corporation.
PROMOTER AND/OR OWNER OF THE PREMISES
Any person as herein defined who shall conduct any amusement as herein defined in the Township of Jackson.
[Amended 12-5-1995 by Ord. No. 83-95]
TOWNSHIP
Jackson Township, York County, Pennsylvania.
Every person operating an amusement under this chapter shall conduct the amusement and shall maintain the licensed premises in accordance with the following regulations and any subsequent regulations adopted by the Board:
A. 
Such premises shall, at all reasonable times, be subject to the inspection of the Board and/or any police official of the Township or other persons authorized by the Board.
B. 
Such premises shall, at all times, be maintained so as not to constitute a nuisance or a menace to the health of the community or of residents nearby or a place for the breeding of rodents or vermin.
C. 
Adequate and suitable containers shall be provided for the deposit and storage of garbage, refuse and other organic and inorganic waste. No garbage or other organic waste shall be stored on such premises for a period exceeding 72 hours.
D. 
All necessary measures shall be taken to prevent and extinguish fires. Adequate equipment for minimizing fire hazards shall be available at the site. All equipment and buildings shall be equipped with functional fire extinguishers of the proper class and type. It shall be the responsibility of the promoter and/or owner of the premises to provide such fire-fighting equipment, either privately or by contract, with an organized fire company.
E. 
It shall be the responsibility of the promoter and/or owner of the premises to adequately provide for the cleanup and proper disposal of all paper, bottles, cans, glass, metal, plastic and all other inorganic refuse on the premises as well as any such materials or refuse that may be deposited on any adjacent premises upon the request of the owner of such premises and upon the public roadway or right-of-way within a period of 24 hours after the conclusion of the amusement event.
F. 
It shall be the responsibility of the promoter and/or owner of the premises to provide for adequate traffic control to ensure safe and orderly flow of traffic entering upon or exiting from the premises and from or onto all public roads abutting the premises.
G. 
It shall be the responsibility of the promoter and/or owner of the premises to provide for adequate parking facilities either on the premises or an adjacent property. A minimum of one parking space shall be provided for each two persons attending the amusement at a given time based upon the number of persons estimated or expected by the promoter and/or owner of the premises to attend or the number of advance ticket sales made up to and including 10 days prior to the scheduled date for the amusement, whichever is greater. Adequate measures shall be taken to ensure that no vehicles are parked upon any part of the traveled portion of any public roadway or upon the property of any other person without the prior written consent of such person.
H. 
It shall be the responsibility of the promoter and/or owner of the premises to provide adequate security measures to ensure protection of persons and property of persons attending the amusement as well as persons and property in the vicinity of the premises from acts of trespassing, theft, mischief, vandalism, riot, rowdyism and destruction of property arising out of the conduct of persons attending the amusement. The type of security measures and the number of personnel so employed shall be subject to such standards as may reasonably be adopted under the particular circumstances.
I. 
It shall be the responsibility of the promoter and/or owner of the premises to provide adequate medical care and/or facilities on the premises at all times during the conduct of the amusement.
J. 
No amusement shall be conducted before 8:00 a.m. and after 12:00 p.m.
A. 
Should any promoter and/or owner of the premises anticipate an attendance exceeding 10,000 people, he or she shall contact the Board or Chief of Police 45 days prior to the amusement to advise the Township of the arrangements he or she has made to provide for the compliance of these regulations. The Board may, if it determines the capacity of the attendance could pose a danger to the health, safety or property of people within the Township, require the posting of a bond in an amount not to exceed the anticipated cost to the Township to provide the services in the event the promoter and/or owner of the premises fails to comply with this chapter. Failure to post an acceptable bond seven days prior to the scheduled amusement shall be prima facie evidence that the promoter and/or owner of the premises intends to violate this chapter.
B. 
Any amusement conducted exceeding 10,000 people without following the procedure outlined in Subsection A herein shall constitute a violation of this chapter. The defense that the promoter and/or owner of the premises did not anticipate that large an attendance shall not be recognized in that it shall be the promoter's and/or owner of premises' responsibility to refuse admittance in excess of 10,000 people unless Subsection A has been complied with.
The Board may, from time to time, adopt such additional regulations to carry out the provisions of this chapter as it deems necessary upon notice to existing licensees affected by such additional regulations.
[Amended 12-5-1995 by Ord. No. 83-95; 8-13-1996 by Ord. No. 91-96]
A. 
Any person, partnership, firm or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. If the defendant 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 violation.
B. 
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
In addition to the remedies provided in § 40-6 above for a violation of any of the provisions of this chapter or of any rule or regulation made hereunder, the Township may institute in the name of the Township any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate any such violation or to seek restitution for the Township's expenditures or property damage.
The provisions of this chapter shall not be taken or construed to conflict with or otherwise limit the provisions of any other ordinance or law imposing any other greater requirements or restrictions, and in the event of any such duplication, the provisions imposing the greater requirements or restriction shall prevail.