Township of Plumstead, PA
Bucks County
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Table of Contents
Table of Contents
[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, 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.
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:
PERSON IN CHARGE OF PROPERTY
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.
PUBLIC GATHERING
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.
SPONSOR
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 or 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 ten-percent 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 Justice 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 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.