[Ord. 2009-02, 9/1/2009]
1.
Power and Authority. The Second Class Township Code, Act of May 1,
1933, P.L. 103, Article I, Section 101 et seq., as amended,[1] provides supervisors of Second Class Townships with the
power, inter alia, to promote the public safety and health of the
citizens of a Second Class Township and to regulate the conduct of
places of public entertainment, amusement and recreation.
[1]
Editor's Note: see 53 P.S. § 65101 et seq.
2.
Findings. The Board of Supervisors finds and determines that this
Part 4, which prescribes the procedure and rules and regulations for
conducting public gatherings, is necessary to protect the healthy,
safety and welfare of the citizens of Plumstead Township, Bucks County,
Pennsylvania. This Part 4 shall be liberally construed to accomplish
this purpose.
[Ord. 2009-02, 9/1/2009]
As used in this Part 4, unless the context requires otherwise,
the following terms shall have the meanings indicated:
An agent, occupant, lessee, contract purchaser or person
having possession or control of the property. A person in charge of
property may be the owner.
All outdoor assemblies of people for the purpose of public
amusement anticipated to number more than 300 people at any one time,
whether or not an admission fee is charged. The term "public gathering"
does not include funerals, Township-sponsored events, weddings, day
or sleepover camps for children up to the age of 18 years of age,
academic activities incidental to the daily routine of a private or
public school, nor athletic activities held on the property of a private
or public school.
Any natural person, association, partnership, firm, corporation,
joint-venture or any other legal entity whatsoever who or which initiates,
organizes, promotes, permits, conducts or causes to be advertised
a public gathering.
[Ord. 2009-02, 9/1/2009]
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 Part 4. A separate permit shall be required
for each public gathering. Public gatherings may be held on a particular
county tax parcel only once each quarter within a calendar year.
[Ord. 2009-02, 9/1/2009]
1.
Permit Required. No public gathering may be held within the boundaries
of Plumstead Township, Bucks 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 are
granted a permit as herein provided.
2.
Permit Duration. Public gatherings shall have a duration of no longer
than 9:00 a.m. through 10:00 p.m., Sunday through Thursday, and 9:00
a.m. through 11:00 p.m., Friday and Saturday. A public gathering may
occur over a period of two consecutive days, within the time periods
set forth in this subsection, for which only one permit will be required.
3.
Age Requirement. No applicant shall be under 21 years of age.
4.
Assignments. No permit may be transferred or assigned.
5.
Anticipated Number of Attendees. In case of dispute over the number
of people reasonably anticipated to attend the public gathering, the
decision of the Board of Supervisors of Plumstead Township shall control.
6.
Sanitary Facilities. Public sanitary facilities shall be provided
by the applicant at a ratio of one unit per every 100 people. The
applicant may provide public sanitary facilities through adequate
on-site public bathroom facilities meeting the above ratio or through
a combination of solely portable toilets satisfying the above ratio.
[Ord. 2009-02, 9/1/2009]
1.
Time Period for Submittal of Application. Written application for
each public gathering shall be made to the Chief of Police of Plumstead
Township no more than six months prior to the proposed public gathering
and no less than six weeks prior to the proposed public gathering.
2.
Application. Application shall be made on forms specified by the
Chief of Police of Plumstead Township and shall contain at least the
following information:
A.
The full legal name, address and telephone number of all sponsors.
B.
The full legal name and address of the owner and person in charge
of the property to be utilized for the public gathering.
C.
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, the bylaws
and the resolution authorizing the application may be required.
D.
The location and address of the property to be utilized for the public
gathering.
E.
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.
F.
A diagrammatic sketch plan of the proposed site of the mass gathering,
showing the locations and dimensions of the proposed service roads,
potable water facilities, sanitary facilities and sewage disposal
facilities on the proposed site.
G.
A statement of the number of persons expected to attend such event
and the duration of such attendance.
H.
The specific details relating to sanitary facilities, transportation
and parking facilities, and the number of marshals assisting in the
control of traffic and supervision of those attending.
3.
Fee. Each application shall be accompanied with a fee to cover the
cost of inspection, investigation, issuance and administration of
the permit in the amount established from time to time by resolution
of the Board of Supervisors.
4.
Decision. The Chief of Police shall either grant or deny the application
for a permit within five business days of formal review by the Chief
of Police.
[Ord. 2009-02, 9/1/2009]
No permit shall be issued by the Chief of Police of Plumstead
Township unless all of the conditions recited herein have been satisfactorily
concluded:
1.
Sanitary Facilities. There are toilet facilities provided for in
a ratio of one such facility for every 100 people anticipated to attend
at any one time (using the highest estimated number of people in attendance
at any one time).
2.
Public Safety. A written statement of the Plumstead Township Police
Chief indicating that plans have been made to meet the following conditions:
A.
Applicants have provided for adequate traffic control and crowd control
personnel (i.e., one marshal for every 50 motor vehicles reasonably
anticipated to be at the location and one marshal for each 150 persons
reasonably anticipated to be in attendance).
B.
A list of those marshals must be presented to the Plumstead Township
Police Chief with the application. The marshals must be oriented and
instructed by the Police Chief and the sponsor of the public gathering
prior to commencement of the gathering.
[Ord. 2009-02, 9/1/2009]
All facilities, excluding temporary tents, but including any
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 Building Inspector
of Plumstead Township.
[Ord. 2009-02, 9/1/2009]
1.
Alcohol. No permittee or persons having control of the public gathering
shall condone the presence of intoxicating liquor or the consumption
of intoxicating liquor, and no person during the public gathering
shall take or carry onto the property or drink thereon intoxicating
liquor, except as licensed or permitted by state law.
2.
Preservation of Order. The burden of preserving order during the
public gathering is upon the permittees 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 Part
4 or other ordinances of Bucks County or of Plumstead Township or
the permit granted hereunder may be cause for immediate revocation
of the permit by the Chief of Police of Plumstead Township or the
Bucks County Health Department 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 dispersal of those
in attendance.
3.
Township Access. The Township police and the Township Code Enforcement
Officer 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.
4.
Control over Number of People. 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 Township police or the
Township Code Enforcement Officer shall have the authority to require
the applicants to limit further admissions until all conditions and
provisions recited herein are met.
5.
Responsible Persons. Any applicant with more than a 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 ensuring that no person shall
be allowed to remain on the premises who is violating any state, county
or Township laws, rules or regulations.
[Ord. 2009-02, 9/1/2009]
Any person, firm or corporation who shall violate any provision of this Part 4, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs, and in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 4 continues or each section of this Part 4 which shall be found to have been violated shall constitute a separate offense.
[Ord. 2009-02, 9/1/2009]
This Part 4 shall in no way be a substitute for nor eliminate
the necessity of complying with any and all state laws, rules and
regulations and county and Township ordinances which are now or may
be in the future in effect which pertain to the conduct of public
gatherings.
[Ord. 2009-02, 9/1/2009]
Temporary signs may be erected for the purpose of advertising the public gathering event only to the extent that such signs are permitted by other Township ordinances, including but not limited to Chapter 27, Zoning.
[Ord. 2009-02, 9/1/2009]
In the conduct or operation of public gatherings where there
is assembled a large number of persons, the Chief of Police may, upon
payment to the Township of the sums herein specified, supply the number
of uniform police officers that the Chief of Police deems necessary
to properly supervise and police that activity in order to maintain
public order and a safe and speedy conduct of traffic on the highway
and in, into and out of parking areas and for the protection of property
and the supervision of attendants of the persons, customers and patrons
attending said activity.
[Ord. 2009-02, 9/1/2009]
There shall be paid to Plumstead Township for the police services
provided under the terms of this Part 4 a sum based upon the prevailing
overtime wage earned by each policeman, plus a service charge per
officer, in an amount as set from time to time by resolution of the
Board of Supervisors, for each assignment, which shall be paid into
the general fund. If the assignment is less than two hours in duration,
there shall be a charge for not less than two hours.
[Ord. 2009-02, 9/1/2009]
Any party requesting police supervision under this Part 4 shall
be required to execute an agreement, approved by the Solicitor of
Plumstead Township, to indemnify Plumstead Township from all liability
for damages in excess of stated limits of the policies of insurance
maintained by and for the Police Department of Plumstead Township.
[Ord. 2009-02, 9/1/2009]
The Chief of Police shall keep a record of all police officers
who desire to perform off-duty police services and, so far as possible,
the Chief of Police shall make off-duty assignments to those officers
in an equitable manner. For such assignments, police officers shall
be paid the prevailing overtime wage earned by each police officer
with a minimum payment of two hours per assignment. This compensation
shall be included as part of police compensation for the purposes
of pension, and during the time police officers are working in this
extra-duty capacity they shall be entitled to all benefits to which
they are entitled as regular police officers.
[Ord. 2009-02, 9/1/2009]
In the event of an emergency that requires the presence of Plumstead
Township police officers, the Chief of Police may summon the police
officers who have been assigned to extra duty, and they shall report
as ordered.
[Ord. 2009-02, 9/1/2009]
The Chief of Police shall keep and maintain a record of the
assignment of police officers to extra service as herein provided
and certify the same to the Plumstead Township Manager and the Supervisors
of Plumstead Township at least once a month and, upon approval by
the Chief of Police and the Township Manager, an order shall be issued
paying said police officers the sums provided herein, less proper
deductions.
[Ord. 2009-02, 9/1/2009]
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
[Ord. 2009-02, 9/1/2009]
If any sentence, clause, section or part of this Part 4 is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or part of this Part 4. It is hereby declared that it is the intent of the Board of Supervisors of Plumstead Township that this Part 4 shall have been adopted had such unconstitutional, illegal or invalid sentence, clause or section or part thereof not been included therein.
[Ord. 2009-02, 9/1/2009]
This Part 4 shall be effective five days after enactment.
