[HISTORY: Adopted by the Board of Commissioners of the Township
of Spring Garden as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 107.
Building permits — See Ch.
120.
Fire prevention — See Ch.
145.
Obscene materials — See Ch.
212.
[Adopted 12-31-1974 by Ord. No. 40 (Ch. 13, Part 6, of the
1994 Code)]
Any show, moving picture show, circus, carnival or public entertainment
of a degrading, salacious or immoral character, or tending to induce
immorality, disorder or disrespect for the law shall be and is hereby
prohibited within the limits of the Township.
The promoter, owner or agent of any show, circus or menagerie
under canvas, carnival, merry-go-round, carousel, Ferris wheel, or
other mechanical forms of entertainment, or public entertainments
for which an admission fee is charged, before the giving or holding
of the same, shall obtain a permit signed by the President of the
Board of Commissioners granting the privilege to give or hold the
same, provided that the Board of Commissioners, at its discretion,
may or may not require the said permit.
[Amended 12-14-1994 by Ord. No. 94-5]
The fees for permits shall be as follows:
A. For all shows, circuses, menageries under canvas: Fees shall be as
established from time to time by the Board of Commissioners by resolution
for each day upon which exhibition is held;
B. For carnivals: Fees shall be as established from time to time by
resolution for each day upon which exhibition is held;
C. For other public entertainments or shows for which an admission fee
is charged: The permit fee shall be as established from time to time
by the Board of Commissioners by resolution per day if held for less
than one week, or per week if held for one or more weeks.
[Amended 5-11-1988 by Ord. No. 224; 12-14-1994 by Ord. No. 94-5]
Any person or persons, partnership, firm or corporation violating
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and costs of prosecution and,
in default of payment of such fine and costs, to imprisonment for
not more than 30 days, provided each violation of any provision of
this article and each day the same is continued shall be deemed a
separate offense.
[Adopted 11-10-1993 by Ord. No. 93-16 (Ch. 13, Part 8, of
the 1994 Code)]
This article shall be known as the "Spring Garden Township Indoor
and/or Outdoor Amusement Ordinance."
A. As used in this article, the following terms shall have the meanings
indicated:
APPLICANT
Any person who is required to or who has applied for a license
hereunder.
INDOOR AND/OR OUTDOOR AMUSEMENT
Any theatrical, musical or dramatic performance, festival
or carnival or any other exhibition, show, display, entertainment
or amusement of any similar nature or kind for which an admission
fee is charged or for which money or any other reward of any nature
is in any manner demanded, expected or received at the time of the
amusement or at any time in the future. This article, however, shall
not be applicable to charitable events held at schools, colleges,
churches, hospitals, fire companies, municipal or other nonprofit
facilities, nor is it applicable to events held in theaters, nightclubs
or similar facilities designed for public occupancy for which a current
Pennsylvania Department of Labor and Industry occupancy permit has
been issued.
PERSON
Any natural person, agent, principal, group of persons, trust,
organization, business entity, partnership, association, combination,
firm or corporation.
TOWNSHIP
The Township of Spring Garden, York County, Pennsylvania.
B. In this article, words in the singular shall include the plural and
the masculine shall include the feminine and neuter.
A. No person shall conduct or hold, nor shall an owner of a property
sought to be used for an indoor and/or outdoor show or amusement permit
the conduct or holding of any indoor or outdoor amusement in the Township
unless the same shall have been licensed according to the provisions
of this article. An application for the license required by this article
must be filed with the Township Manager at least 90 days before the
date on which the indoor or outdoor amusement is proposed to be held.
Such application shall be in writing and shall include:
(1) The name and business address of the person who proposes to conduct
the indoor or outdoor amusement.
(2) The type of indoor or outdoor amusement proposed, including the number
of performers and their names.
(3) The date or dates on which the proposed indoor or outdoor amusement
is to be conducted and the rain date, if any, should weather force
the postponement of the event.
(4) The written consent of the owner of the proposed site of the indoor
or outdoor amusement.
(5) The hours during which the proposed indoor or outdoor amusement is
to be conducted on each date submitted, as required by Subsection
C.
(6) A property description (map or plot plan) of the site on which the
proposed indoor or outdoor amusement is to be conducted, including,
but not limited to, an outline of where all required facilities are
to be located, the amount of acreage or square footage in the site,
and the name of access road or roads to the site.
(7) The number of people per performance per day which the applicant
estimates will attend the proposed indoor or outdoor amusement and
the maximum number of advance tickets to be offered for sale for each
performance.
(8) The food, housing, parking, sanitary, medical and crowd control arrangements
and facilities to be provided by the applicant for each day.
B. A separate application must be filed on a Township form for each
site and every application must be duly verified by the applicant
that the facts set forth therein are true and correct under the penalties
of perjury.
A. No license shall be issued under this article until:
(1) The applicant has complied in all respects with the terms of this
article and the application has been approved by the Board of Commissioners.
(2) A certified copy of all state and county permits is filed with the
Township Manager in any instance in which such state and county permits
are required to conduct the proposed indoor or outdoor amusement.
(3) The Township Manager, Police Chief and/or Fire Chief has inspected
the premises where the proposed indoor or outdoor amusement is to
be held and has ascertained that such premises are suitable for the
purpose and free from unsanitary, dangerous or hazardous features.
(4) The cash bond required by this article has been paid.
(5) The evidence of public liability insurance required by this article
has been filed with the Township Manager.
(6) The license fee required by this article has been paid.
B. The Board may cause any other investigation or inspection to be made
to secure the facts needed by it to determine if the application should
be approved and the license granted. It may reject the application
and refuse to grant the license if any unsanitary, hazardous or dangerous
conditions exist or may reasonably be expected to develop because
the applicant has not proposed adequate facilities or plans to prevent
them or if the location is deemed to be unsuitable because the conduct
of the proposed indoor or outdoor amusement therein would create a
traffic hazard, or because of the lack of accommodations for the number
of persons or vehicles likely to be attracted thereto, or if the proposed
indoor or outdoor amusement is likely to create unreasonable annoyance
to the residents or inhabitants of the locality. In every case, the
Board in approving the application and issuing a license shall state
in the license the type of indoor or outdoor amusement authorized
and the time for which the license is to remain in effect.
Every person applying for a license for an indoor or outdoor
amusement under this article shall deposit with the Township Manager
a cash bond or unconditional and irrevocable letter of credit from
a bank, which shall be in the amount of $500 for each 100 persons
expected to attend the amusement event or in the amount of $5,000,
whichever is greater. Said bond shall be conditioned for the faithful
observance of the provisions of this article and the saving harmless
of the Township, its agents and employees from any and all liabilities
and causes of action which might arise by virtue of the granting of
the said license in said Township, and conditioned further that no
damage will occur to Township streets or properties as a result of
the indoor or outdoor amusement and that the licensee will not permit
any trash, paper, litter or other debris from the indoor or outdoor
amusement to remain thereon. Said bond or letter shall also be a guarantee
for suitable security for the amusement event. Such bond or letter
shall be returned or cancelled upon certification by the Board that
all conditions of this article have been complied with and that the
aforesaid properties and streets have been placed in a neat condition
and all debris removed. Said bond or letter shall be for the further
purpose of guaranteeing that the applicant will pay the necessary
license fees based on the actual attendance.
Every applicant for a license under this article shall furnish
satisfactory evidence to the Township Manager that a public liability
insurance policy from an insurance company registered to do business
in Pennsylvania, in an amount of not less than $1,000,000, will be
in force and effect during the period which said indoor or outdoor
amusement is to be conducted in the Township.
[Amended 12-14-1994 by Ord. No. 94-5]
Before a license shall be issued to any person whose application
under this article has been approved by the Board, that person shall
pay to the Township Manager a fee, which shall be based upon the number
of persons that are expected to attend the indoor or outdoor amusement,
as shall be established from time to time by resolution of the Board
of Commissioners.
A maximum of 300 people per acre of fenced area shall be permitted to attend an outdoor amusement; provided, further, that the total attendance at the outdoor amusement shall not exceed 5,000 persons per day or per each performance separated by an interval of at least two hours. The maximum attendance for indoor amusements shall be that which building occupancy certificates and/or the Township Fire Code (Chapter
145, Article
IV) permits.
The entire area to be used for an outdoor amusement, including,
but not limited to, entertainment, parking, medical facilities, sanitation
facilities, spectator seating and food distribution facilities shall
be totally enclosed by a sturdy fence of construction suitable to
the Township Manager, which shall be at least 48 inches in height
and which shall be securely attached to posts which shall be on a
maximum of ten-foot centers. An adequate number of gates shall be
provided for entering and leaving the area, with a minimum of two
gates required.
The maximum number of tickets that may be sold for any outdoor
amusement shall be based upon the ratio of 300 tickets per acre of
fenced area. The maximum number of tickets that may be sold for any
indoor amusement shall be the number of persons that the building
occupancy certificate or Township Fire Code permits. Tickets shall
be printed, consecutively numbered, dated, show the beginning and
ending time of the event and show the complete price of admittance.
Tickets shall also state that no alcoholic beverages or controlled
substances shall be permitted and that violators shall be prosecuted.
Admission shall be by ticket only.
Licensed uniformed guards shall be at the site of the indoor
or outdoor amusement and shall be on duty in the ratio of one uniformed
guard per each 100 people or fraction thereof in attendance. The uniformed
guards shall constantly circulate and patrol all areas, including,
but not limited to, the parking area, the fenced perimeter and the
audience, and shall vigorously enforce the condition printed upon
the tickets.
A. At least one duly licensed ambulance with a crew, including a paramedic,
nurse, medical doctor or osteopathic physician, shall be present at
the site of the indoor or outdoor amusement at all times if ticket
sales are in excess of 500.
B. Permanent plumbed or portable toilet facilities shall be provided
for in the ratio of one male and one female toilet per 100 printed
tickets or fraction thereof.
C. Adequate potable water shall be provided for emergency first aid,
drinking and hand washing.
Any and all expenditures required to meet the conditions of
this article shall be the sole responsibility of the applicant for
the indoor or outdoor amusement.
When all the requirements of this article have been met and
the application has been approved by the Board, the Township Manager
shall issue a license hereunder to conduct the indoor or outdoor amusement.
The license shall in every case state:
A. The name and business address of the person authorized to conduct
the indoor or outdoor amusement.
B. The type of indoor or outdoor amusement authorized.
C. The date or dates on which the proposed indoor or outdoor amusement
is to be conducted.
D. The hours during which the indoor or outdoor amusement is to be conducted on each date or dates authorized by Subsection
C above.
E. The site on which the indoor or outdoor amusement is to be conducted.
F. The hour and date on which the license shall expire.
G. That the license shall not be assignable.
After any license has been issued under this article, the Board
or its agents shall inspect the site designated therein before any
program, show or entertainment is begun to ensure that no dangerous,
hazardous and unsanitary conditions exist. The Board or its agents
shall, in addition, have the right to inspect the site designated
in the license after the commencement of any program, show or entertainment
and after the completion of any program, show or entertainment to
further ensure that no dangerous, hazardous or unsanitary conditions
exist and that all conditions of this article are being and have been
complied with. In the event any dangerous, hazardous or unsanitary
conditions are found prior to the commencement of the program, show
or entertainment, they shall be immediately corrected by the licensee,
and any dangerous, hazardous or unsanitary conditions or other violations
of this article found after the commencement of the program, show
or entertainment shall be corrected immediately by the licensee and,
in the absence of their being immediately corrected as above specified,
the license shall forthwith be revoked, the program, show or entertainment
shall cease, and no part of the license fee shall be refunded.
No person granted a license under this article shall permit
upon the site named thereon:
A. Any disorderly or immoral conduct.
C. Any sale of obscene (as defined by the most recent United States
Supreme Court decision) literature, pictures, film or other objects.
D. Any indecent, immoral or lewd act or performance.
E. Any possession, sale or use of intoxicants and/or drugs of any kind,
the use, sale or possession of which are prohibited by the laws of
the Commonwealth of Pennsylvania.
F. Camping or overnight stays by any attendants, except security personnel.
The Board shall forthwith revoke any license granted under this article for any violation of §
238-20 or if at any time dangerous, hazardous and unsanitary conditions develop on the site designated. Immediately upon notification of the revocation of the license, the applicant shall cease operation of the indoor or outdoor amusement.
[Amended 12-14-1994 by Ord. No. 94-5]
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $600 and costs of prosecution for each violation thereof
and, in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days; provided, however, that each twenty-four-hour
period during which a violation exists shall constitute a separate
violation of this article. The Board may also use equitable remedies
to enjoin violations of this article. The failure to comply with the
terms of this article shall render the activity a public nuisance.