[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Providence 12-15-2008 by Ord. No. 497.[1] Amendments noted where applicable.]
In order to protect and promote the health,
safety and welfare of the attendees and Township residents attending
special events and living in proximity to these events, this chapter
provides for the establishment of a permit requirement and establishes
standards for the issuance of a permit for parades, athletic events,
street fairs, craft shows, carnivals, block parties, rallies and other
activities that occur in Township parks or on a Township street, sidewalk,
alley or other street right-of-way which obstruct, delay or interfere
with the normal flow of pedestrian or vehicular traffic or do not
comply with traffic laws and controls. Permits shall also be required
for special events occurring on private property, such as conferences,
exhibition and exposition shows, concerts and athletic events, which
impact traffic and other Township services. This chapter also establishes
standards for the reimbursement of the Township's expenses caused
by special events which will result in interference with the normal
flow of traffic or otherwise require provision of Township services
in excess of that which would be required absent the special event.
A.Â
ANNUAL PERMIT
APPLICANT
ATHLETIC EVENT
BLOCK PARTY
FIRE OFFICIAL
PARADE
PERMIT APPLICATION FEE
PERMITTEE
RIGHT-OF-WAY
SPECIAL EVENT
TOWNSHIP
As used in this chapter, the following words and phrases
shall have the meanings given in this section, as follows:
A permit issued annually by the Township to an owner or operator
that anticipates holding four or more annual events requiring special
events permits, subject to the required Township amusement tax. Individual
show promoters will still require individual special event permits
for each event.
Any person, entity and/or any sponsoring organization who
or which seeks a special event permit from the Township to conduct
or sponsor an event governed by this chapter. Any entity or organization
shall designate an individual person as the responsible contact person.
An occasion in which a group of persons collectively engage
in a sport or form of physical exercise on or in a Township park,
a Township street, sidewalk, alley or other street right-of-way which
uses said park facilities or obstructs, delays or interferes with
the normal flow of pedestrian or vehicular traffic or does not comply
with traffic laws and controls. Athletic events shall include bicycle
and foot races.
A festive gathering of the residents on a residential street
requiring a closure of a street or a portion thereof to vehicular
traffic and use of the street for the festivity, including barbecues,
picnics, music or games.
Director of Fire and Emergency Services or his designee.
A march or procession consisting of persons, animals or vehicles
or any combination thereof on any Township street, sidewalk, alley
or other street right-of-way which obstructs, delays or interferes
with the normal flow of pedestrian or vehicular traffic and/or does
not comply with traffic laws or controls.
The fee to be paid by the special event permit applicant
at the time the application is filed with the Township. A fee schedule
shall be set by the Board of Supervisors by resolution from time to
time and shall cover the actual full costs, or a portion thereof,
of processing and investigating special event applications and administering
the special event permit program.
Any person, entity and any sponsoring organization who has
been issued a special event permit by the Township.
Public streets, alleys and crosswalks, including bike and
pedestrian paths.
Parade, athletic event, street fair, art and craft show,
carnival, block party, soap box derby, rally and other special events
or activities that occur on or in a Township park, a Township street,
sidewalk, alley or other street right-of-way which obstruct, delay
or interfere with the normal flow of pedestrian or vehicular traffic
and/or do not comply with traffic laws and controls. Event shall also
mean indoor or outdoor concerts, expositions, displays, fairs, carnivals
and athletic events occurring on private property which are designed
to attract large crowds, interfering with the normal traffic flow.
The Township of Upper Providence, the Township Manager or
his designee.
B.Â
Word usage. The present tense includes the future.
The singular includes the plural, and the plural includes the singular.
The masculine includes the feminine and the neuter.
Any person or organization desiring to conduct
or sponsor a special event in Upper Providence Township shall first
obtain a special event permit from the Township.
A.Â
Annual permit:
(1)Â
Owners, groups and organizations who anticipate holding
four or more events per year are required to obtain an annual permit,
provided that they pay the fees as designated by resolution of the
Board of Supervisors and submit the following information to the Township:
(b)Â
An itinerary/calendar of events;
(c)Â
Complete contact information for the property
owner and operator;
(d)Â
Designated traffic routes;
(e)Â
Parking locations on site and remote parking
(if required);
(f)Â
A signed affidavit acknowledging their responsibility
for the collection and payment of the Township's amusement tax and
for the life safety of occupants during special events.
(2)Â
Any and all changes to the information provided under
the annual permit shall be reported to the Township as an amendment
to the annual permit.
B.Â
A special event permit is not required for the following:
(1)Â
Funeral processions.
(2)Â
Parades involving a total of 40 or fewer pedestrians
marching along a parade route that is restricted to marching on sidewalks
and crossing streets only at pedestrian crosswalks in accordance with
traffic regulations and controls. Pedestrians participating in the
parade shall cross at crosswalks in units of 15 or fewer and shall
allow vehicles to pass between each unit.
(3)Â
Parades, athletic events or other special events which
occur exclusively on Township property, public streets or school district
property and are sponsored by the Township or by the school district.
(4)Â
Parades, athletic events or other special events which
occur exclusively on Township property and are permitted and regulated
under the Upper Providence Township Department of Parks and Recreation.
(5)Â
Normal day-of-worship church services and youth-oriented
summer programs and vacation bible schools. Evangelical events expecting
more than 300 attendees shall obtain a special event permit.
(6)Â
Special events held at hotel venues that are attended
by fewer than 200 people.
A.Â
Any person, entity or organization desiring to sponsor a parade, athletic event or other special event not exempted by § 149-3 shall apply for a special event permit by filing a verified application with the Township on a form supplied by the Township. The requisite fees shall be waived for applications for parades, athletic events or other special events which occur exclusively in what is known as the "Schuylkill Canal Park," in and along the Montgomery County Bike Trail, or involves events sponsored by the Mont Clare Fire Company or the Oaks Fire Company.
B.Â
All applications shall be submitted not less than
30 days nor more than 90 days before the event date(s).
C.Â
Upon a showing of good cause, the Township shall consider
an application that is filed after the filing deadline if there is
sufficient time to process and investigate the application and obtain
police services for the event. Good cause can be demonstrated by the
applicant by showing that the circumstances that gave rise to the
permit application did not reasonably allow the participant to file
within the time prescribed.
D.Â
The application for a permit shall be accompanied
by a nonrefundable permit application fee which shall defray the administrative
costs of the Township in making preparations for such special events
in the amount set by the Board of Supervisors from time to time by
resolution.
A.Â
The application for a special event permit shall provide
the following information:
(1)Â
The name, address and telephone number of the applicant
and an alternative contact person. The name, address and telephone
number of the property owner where the event is to occur.
(2)Â
If the event is proposed to be sponsored by an organization,
the name, address and telephone number of the organization and the
authorized officer or head of the organization; if requested by the
Township, written authorization to apply for this special event permit
by an officer of the organization.
(3)Â
The name, address and telephone number of the person
who will be present and in charge of the event on the day of the event.
(4)Â
The nature and/or purpose of the event.
(5)Â
The date and estimated starting and ending times of
the event.
(6)Â
The location of the event, including a description
of its boundaries.
(7)Â
The estimated number of participants and/or spectators.
(8)Â
The type and estimated number of vehicles, animals
and structures that will be used at the event and whether there will
be water aid stations or first aid stations at the event.
(9)Â
What provisions have been made for sanitary facilities
for persons participating in or attending the event.
(10)Â
A description of any lighting and sound-amplification
equipment that will be used at the event.
(11)Â
Whether any food or beverages or alcoholic beverages
will be sold at the event.
(12)Â
Whether monitors will be employed at the event.
(13)Â
Parking requirements for the event.
(14)Â
If the proposed event is to be held within a
structure, a written firesafety and evacuation plan shall be prepared
and approved by the Fire Official prior to the event. The permittee
shall be responsible for maintaining the operational effectiveness
of the plan during the event. The firesafety and evacuation plan shall
be signed and acknowledged by the permittee.
B.Â
Additional information required for parades, races
and other events occurring along a route shall be as follows:
(1)Â
The assembly point for the event and the time at which
units of the parade or other event will begin to assemble.
(2)Â
The route to be traveled.
(3)Â
Whether the parade or other event will occupy all
or only a portion of the streets proposed to be traversed.
(4)Â
The intervals of space to be maintained between units
of a parade or other event.
(5)Â
The number, types and sizes of vehicles and floats.
(6)Â
The material and maximum size of any signs or banners
to be carried along the route.
The Township shall approve, conditionally approve or deny an application for the grounds specified in § 149-7. Such action shall be taken no later than 10 days after receiving a completed application for an event. If the application is denied or conditionally approved, the Township shall inform the applicant of the grounds for denial, in writing, or the reason for a change in the date, time, route or location of the event and his right of appeal. If the Township relied on information about the event other than that contained in the application, it shall inform the applicant what information it considered. The applicant shall be notified of any permit conditions at the time the application is approved and of his right of appeal of the permit conditions. If the Township refuses to consider a late application under § 149-4C, the Township shall inform the applicant of its reason for the refusal and of his right to appeal.
A.Â
The Township shall approve an application for a special
event permit, unless it is determined from a consideration of the
application or other pertinent information that:
(1)Â
Information contained in the application or supplemental
information requested from the applicant is found to be false in any
material detail.
(2)Â
The applicant failed to complete the application form
after having been notified of the additional information or documents
required.
(3)Â
The sole purpose of the event is advertising of any
product, good, ware, merchandise.
(4)Â
Another special event permit application has been
received prior in time or has already been approved to hold another
event at the same time and place requested by the applicant or so
close in time and place as to cause undue traffic congestion or the
Police Department is unable to meet the needs for police services
for both events.
(5)Â
The time, route or size of the event will substantially
interrupt the safe and orderly movement of traffic contiguous to the
event site or route or disrupt the use of a street at a time when
it is usually subject to a great traffic congestion.
(6)Â
The concentration of persons, animals and vehicles
at the site of the event or the assembly and disbanding areas around
an event will prevent proper police, fire or ambulance services to
areas proximate to the event.
(7)Â
The size of the event will require diversion of so
great a number of police officers of the Township to ensure that participants
stay within the boundaries or route of the event or to protect participants
in the event as to prevent normal protection to the rest of the Township.
Nothing herein authorizes denial of the permit when additional peace
officers would be available to the Township under applicable state
law and mutual aid plans, if requested by the Township in advance
of the event. Nothing herein authorizes denial of a permit because
of the need to protect participants from the conduct of others, if
reasonable permit conditions can be imposed to allow for the adequate
protection of event participants with the number of police officers
available to police the event.
(8)Â
The parade or other event moving along a route will
not move from its point of origin to its point of termination in three
hours or less.
(9)Â
The location of the event will substantially interfere
with any construction or maintenance work scheduled to take place
upon or along the Township streets or a previously granted encroachment
permit.
(10)Â
The event will occur at a time when a school
is in session at a route or location adjacent to the school or class
thereof and the noise created by the activities of the event would
substantially disrupt the education activities of the school or class
thereof.
(11)Â
Any life safety systems within the structure
failed to pass the Fire Official's inspection, including but not limited
to the sprinkler system, alarm system, exit components and their operation
and private water service systems.
(12)Â
The applicant failed to submit a firesafety
and evacuation plan for review by the Fire Official.
B.Â
When the grounds for denial of an application for permit specified in Subsection A(4) through (10) above can be corrected by altering the date, time, duration, route or location of the event, the Township shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with Subsections A(4) through (10) above.
The Township may condition the issuance of a
special event permit by imposing reasonable requirements concerning
the time, place and manner of the event and such requirements as are
necessary to protect the safety of persons and property and the control
of traffic, provided that such conditions shall not unreasonably restrict
the right of free speech. Such conditions include:
A.Â
Alteration of the date, time, route or location of
the event proposed on the event application.
B.Â
Conditions concerning the area of assembly and disbanding
of a parade or other event occurring along a route.
C.Â
Conditions concerning accommodation of pedestrian
or vehicular traffic, including restricting the event to only a portion
of a street traversed.
D.Â
Requirements for the use of traffic cones or barricades.
E.Â
Requirements for provision of first aid or sanitary
facilities.
F.Â
Requirements for use of event monitors and providing
notice of permit conditions to event participants.
G.Â
Restrictions on the number and type of vehicles, animals
or structures at the event and inspection and approval of floats,
buildings, structures and decorated vehicles for firesafety by the
Upper Providence Township Fire Marshal.
H.Â
Compliance with animal protection ordinances and laws.
I.Â
Requirements for use of garbage containers, cleanup
and restoration of Township or other public property and the properties
of adjoining persons which may be impacted by the special event.
J.Â
Restrictions on use of amplified sound.
K.Â
An application for a special event permit to conduct
a block party may be conditioned on notice to the residents of dwellings
along the affected street(s). The issuance of a special event permit
does not exempt the event from compliance with the noise ordinance.
L.Â
Compliance with any relevant ordinance or law and
obtaining any legally required permit or license.
N.Â
Operation of all fire protection systems in accordance
with the Township Fire Code to the satisfaction of the Fire Official.
The Township shall issue the special event permit
once the application has been approved and the applicant has agreed,
in writing, to comply with the terms and conditions of the permit
and the following sections of this chapter have been complied with:
Prior to the issuance of a special event permit,
the permit applicant and an authorized officer of the sponsoring organization,
if any, must sign an agreement to reimburse Upper Providence Township
for any costs incurred by it in repairing damage to Township property
occurring in connection with the permitted event proximately caused
by the actions of the permittee, its officers, employees or agents
or any person who was under the permittee's control insofar as permitted
by law. The agreement shall also provide that the permittee shall
defend the Township against and indemnify and hold the Township harmless
from any liability to any persons resulting from any damage or injury,
including attorney's fees, occurring in connection with the permitted
event proximately caused by the actions of the permittee, its officers
employees or agents or any person who was under the permittee's control
insofar as permitted by law. Persons who merely join in a parade or
event are not considered by that reason alone to be under the control
of the permittee.
A.Â
The applicant for a special event permit must possess
or obtain public liability insurance to protect against loss from
liability imposed by law for damages on account of bodily injury and
property damage arising from the event. Such insurance shall name
on the policy or by endorsement as additional insured Upper Providence
Township, its officers, employees and agents. Insurance coverage must
be maintained for the duration of the event.
(1)Â
Coverage shall be a comprehensive general liability
insurance policy.
(2)Â
The following minimum limits shall be required:
(3)Â
If food or nonalcoholic beverages are sold or served
at the event, the policy must also include an endorsement for products
liability in an amount not less than $500,000. If alcoholic beverages
are sold or served at the event, the policy must also include an endorsement
for liquor liability in an amount not less than $500,000. At any time
when the insurance coverage required under this section may be purchased
by a permit applicant through a Township insurance policy, such coverage
shall be made available to all permit applicants at the rates stated
in the policy premium schedule.
B.Â
A copy of the policy or a certificate of insurance,
along with all necessary endorsements, must be filed with the Township
no less than 10 days before the date of the event unless the Township
for good cause waives the filing deadline. The special event permit
shall not be valid until after the insurance policy or certificate
of insurance along with necessary endorsements has been filed by the
applicant and approved by the Township Manager.
A.Â
Prepayment of fees. Upon approval of an application
for a special event permit, the Township shall provide the applicant
with a statement of the estimated cost of providing overtime police
officers or fire police officers for traffic control at the event.
The applicant of the event shall be required to prepay the traffic
control fees 10 days prior to the special event. Traffic control by
officers includes clearing the event route or site of unauthorized
vehicles, diversion of traffic around the event and directing pedestrian
and vehicular traffic along the route of an event or to and from parking
facilities at an event.
B.Â
Fees. The fee to be paid by the applicant for the
services set forth herein shall be based upon actual costs or overtime
costs, with a minimum of four hours per officer.
A.Â
The applicant of an event involving the sale of food
or beverages, erection of structures, horses or other large animals,
water aid stations or first aid stations on public rights-of-way or
other public land shall be required to provide a cleanup deposit prior
to the issuance of a special event permit. The cleanup deposit shall
be in the amount established in a cleanup fee schedule adopted from
time to time by the Board of Supervisors in the Upper Providence Township
Fee Schedule.
B.Â
The cleanup deposit shall be returned after the event
if the area used for the permitted event has been cleaned and restored
to the same condition as existed prior to the event.
C.Â
If the property used for the event has not been properly
cleaned or restored, the permittee shall be billed for the actual
cost by Upper Providence Township for cleanup and restoration, and
the cleanup deposit or a portion thereof shall be applied toward payment
of the bill. If the permittee disputes the bill, he may appeal to
the Township within 10 days after the mail date of the bill. Should
there be any unexpended balance on deposit after completion of the
work, this balance shall be refunded to the permittee. Should the
amount of the bill exceed the cleanup deposit, the difference shall
become due and payable to the Township upon billing.
A.Â
Each permittee of an event shall comply with all terms
and conditions of the special event permit.
B.Â
Each permittee of an event shall ensure that the person
leading a parade or other event along a route or the person in charge
of any other event shall carry the special event permit on his person
for the duration of the event.
C.Â
Each permittee of an event shall ensure that any public
area used for the permitted event is cleaned and restored to the same
condition as existed prior to the event immediately following the
completion of the event.
D.Â
Each permittee of an event shall obtain all required
inspections as indicated on the special events permit prior to holding
the event.
A.Â
It shall be unlawful for any person to sponsor or
conduct a parade, athletic event or other special event requiring
a special event permit pursuant to this chapter, unless a valid permit
has been issued for the event. It is unlawful for any person to participate
in such an event with the knowledge that the sponsor of the event
has not been issued a required, valid permit.
B.Â
It shall be unlawful for any person to interfere with
or to disrupt a lawful parade, athletic event or other special event.
C.Â
The special event permit authorizes the permittee/sponsor
to conduct only such event as is described in the permit and in accordance
with the terms and conditions of the permit. It is unlawful for the
permittee/sponsor to willfully violate the terms and conditions of
the permit or for any event participant with knowledge thereof to
willfully violate the terms and conditions of the permit.
A.Â
Any person who shall violate the provisions of this chapter shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not more than $1,000 and the costs of prosecution, in addition any sums payable under § 149-4 and other applicable provisions of this chapter.
B.Â
Any person, firm, corporation or association which
conducts or sponsors an event without first providing the necessary
fees and deposits shall be billed for the actual cost to Upper Providence
Township for police and cleanup services. Failure to pay any such
bill for services within 15 days shall result in the imposition of
a ten-percent penalty and interest at the rate of 1% per month until
collected.