Township of Upper Providence, PA Chapter 149 Special Events

[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.]

[1] Editor's Note: This ordinance was originally adopted as Ch. 145, but was renumbered to Ch. 149 to fit into the organizational structure of the Code.

§ 149-1 Purpose.

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.

§ 149-2 Definitions; word usage.

A. As used in this chapter, the following words and phrases shall have the meanings given in this section, as follows:

ANNUAL PERMIT

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.

APPLICANT

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.

ATHLETIC EVENT

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.

BLOCK PARTY

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.

FIRE OFFICIAL

Director of Fire and Emergency Services or his designee.

PARADE

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.

PERMIT APPLICATION FEE

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.

PERMITTEE

Any person, entity and any sponsoring organization who has been issued a special event permit by the Township.

RIGHT-OF-WAY

Public streets, alleys and crosswalks, including bike and pedestrian paths.

SPECIAL EVENT

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.

TOWNSHIP

The Township of Upper Providence, the Township Manager or his designee.

B. 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.

§ 149-3 Permit required.

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. Annual permit:

(1) 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:

(a) An application for an annual permit completed in accordance with the provisions of § 149-5;

(b) An itinerary/calendar of events;

(c) Complete contact information for the property owner and operator;

(d) Designated traffic routes;

(e) Parking locations on site and remote parking (if required);

(f) 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) 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. A special event permit is not required for the following:

(1) Funeral processions.

(2) 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) 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) 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) 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) Special events held at hotel venues that are attended by fewer than 200 people.

§ 149-4 Application procedure; fee.

A. 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. All applications shall be submitted not less than 30 days nor more than 90 days before the event date(s).

C. 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. 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.

§ 149-5 Contents of application.

A. The application for a special event permit shall provide the following information:

(1) 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) 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) 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) The nature and/or purpose of the event.

(5) The date and estimated starting and ending times of the event.

(6) The location of the event, including a description of its boundaries.

(7) The estimated number of participants and/or spectators.

(8) 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) What provisions have been made for sanitary facilities for persons participating in or attending the event.

(10) A description of any lighting and sound-amplification equipment that will be used at the event.

(11) Whether any food or beverages or alcoholic beverages will be sold at the event.

(12) Whether monitors will be employed at the event.

(13) Parking requirements for the event.

(14) 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. Additional information required for parades, races and other events occurring along a route shall be as follows:

(1) The assembly point for the event and the time at which units of the parade or other event will begin to assemble.

(2) The route to be traveled.

(3) Whether the parade or other event will occupy all or only a portion of the streets proposed to be traversed.

(4) The intervals of space to be maintained between units of a parade or other event.

(5) The number, types and sizes of vehicles and floats.

(6) The material and maximum size of any signs or banners to be carried along the route.

C. Supplemental information. Any supplemental information that the Township shall find reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve or conditionally approve a special event permit pursuant to § 149-8 shall be provided.

§ 149-6 Action on application.

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.

§ 149-7 Grounds for denial of application.

A. 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) Information contained in the application or supplemental information requested from the applicant is found to be false in any material detail.

(2) The applicant failed to complete the application form after having been notified of the additional information or documents required.

(3) The sole purpose of the event is advertising of any product, good, ware, merchandise.

(4) 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) 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) 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) 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) 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) 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) 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) 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) The applicant failed to submit a firesafety and evacuation plan for review by the Fire Official.

B. 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.

§ 149-8 Conditions of issuance.

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. Alteration of the date, time, route or location of the event proposed on the event application.

B. Conditions concerning the area of assembly and disbanding of a parade or other event occurring along a route.

C. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street traversed.

D. Requirements for the use of traffic cones or barricades.

E. Requirements for provision of first aid or sanitary facilities.

F. Requirements for use of event monitors and providing notice of permit conditions to event participants.

G. 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. Compliance with animal protection ordinances and laws.

I. 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. Restrictions on use of amplified sound.

K. 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. Compliance with any relevant ordinance or law and obtaining any legally required permit or license.

M. Unless advance approval is obtained, the standard hours of operation shall be as follows:

(1) Monday to Thursday: 10:00 a.m. to 10:00 p.m.

(2) Friday and Saturday: 10:00 a.m. to 11:00 p.m.

(3) Sunday: 10:00 a.m. to 8:00 p.m.

N. Operation of all fire protection systems in accordance with the Township Fire Code to the satisfaction of the Fire Official.

§ 149-9 Issuance of permit.

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:

A. Section 149-10, pertaining to indemnification.

B. Section 149-11, pertaining to insurance.

C. Section 149-12, pertaining to police traffic control fees.

D. Section 149-13, pertaining to cleanup deposits.

§ 149-10 Indemnification agreement.

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.

§ 149-11 Insurance requirements.

A. 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) Coverage shall be a comprehensive general liability insurance policy.

(2) The following minimum limits shall be required:

(a) Five hundred thousand dollars for each person for bodily injury; $1,000,000 for each occurrence of bodily injury; and $250,000 for each occurrence of property damage; or

(b) One million dollars for each occurrence of combined single limit bodily injury and property damage.

(3) 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. 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.

§ 149-12 Traffic control fees; preestablished event routes.

A. 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. 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.

C. Refunds or overruns. If the actual cost for traffic control on the date of the event is less than the estimated cost pursuant to Subsection A above, the applicant shall be promptly refunded the difference by Upper Providence Township.

§ 149-13 Cleanup deposit.

A. 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. 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. 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.

§ 149-14 Duties of permittee.

A. Each permittee of an event shall comply with all terms and conditions of the special event permit.

B. 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. 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. Each permittee of an event shall obtain all required inspections as indicated on the special events permit prior to holding the event.

§ 149-15 Certain acts unlawful.

A. 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. It shall be unlawful for any person to interfere with or to disrupt a lawful parade, athletic event or other special event.

C. 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.

§ 149-16 Violations and penalties.

A. 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. 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.