[HISTORY: Adopted by the Board of Supervisors of the Township
of Tobyhanna 6-14-2010 by Ord. No. 488. Amendments noted where
applicable.]
This chapter shall be known as and cited as the "Tobyhanna Township
Large Gathering Ordinance."
As used in this chapter, unless the context requires otherwise,
the following words shall have the following meanings:
All outdoor assemblies of people for the purpose of public
amusement anticipated to amount to a number of more than 250 people
at any one time, whether or not an admission fee is charged. The term
"large 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 and/or athletic activities held on the
property of a private or public school.
An agent and his principal, occupant, lessee, contract purchaser,
or person other than the owner, having possession or control of property
in the Township.
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 large gathering. "Sponsor" shall also be referred to herein as the
applicant.
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 large gathering, unless a permit
has been obtained pursuant to this chapter. A separate permit shall
be required for each gathering for the period of time designated by
the permit.
No large gathering may be held within the boundaries of Tobyhanna
Township 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.
A.
No permit shall be granted for a large gathering for more than 72
hours in duration unless the application specifically requests, and
the permit specifically allows, the same by an extension of that period
of time.
B.
No applicant shall be under 21 years of age.
C.
No permit may be transferred or assigned.
D.
In case of a dispute over the number of people and/or vehicles reasonably
anticipated to attend the public gathering, the decision of the Board
of Supervisors of Tobyhanna Township shall control, based on all facts
available and brought to its attention by whatever source.
A.
Written application for each large gathering shall be made to the
Zoning Officer for review according to the following schedule:
(1)
For gatherings numbering 250 to 2,000 persons, written application
must be made 30 days prior to the first day upon which announcement,
promotion or advertising is to be made or the day upon which the large
gathering is to commence, whichever occurs first.
(2)
For gatherings numbering 2,000 or more persons, written application
must be made 60 days prior to the first day upon which announcement,
promotion or advertising is to be made or the day upon which the large
gathering is to commence, whichever occurs first.
B.
Applications shall be made on forms specified by the Board of Supervisors
of Tobyhanna Township and shall contain all of the following information
at a minimum:
(1)
The full legal names, addresses and telephone numbers of all sponsors.
(2)
The full legal name and address of the owner and person in charge
of the property to be utilized for the large gathering.
(3)
If the sponsor-applicant is a partnership or joint venture, then
all partners and parties to the joint venture thereto shall sign as
applicants. If the sponsor-applicant is a corporation, copies of the
articles of incorporation and corporate resolution authorizing the
application shall be required.
(4)
The location and address of the property to be utilized for the large
gathering.
(5)
The program for the large gathering, or if no program is prepared,
a narrative statement as to the purpose for which the large gathering
is to be conducted.
(6)
A plan of the proposed site of the large gathering showing the locations
and dimensions of the area where the event is to be conducted, areas
for spectators or persons attending the event, all structures existing
and to be constructed and/or placed, proposed parking area and service
roads, potable water facilities, sanitary facilities, medical service
facilities, facilities for and distribution of security personnel,
and facilities for food and beverage storage, preparation and service,
as well as camping facilities and projected plans for enclosure, if
necessary, of the proposed site.
(7)
Evidence that all permits and licenses as required by state and county
statutes, ordinances and regulations enacted thereunder have been
obtained or will be obtained.
(8)
A statement of the number of persons expected to attend such event
and the duration of such event.
(9)
A statement regarding the first day, upon which public announcement,
promotion, or advertising is to be made.
(10)
Specific information and details relating to:
(a)
Food and drink facilities and providers thereof.
(b)
Sanitary and waste disposal facilities and providers thereof.
(c)
Transportation and parking facilities.
(d)
Security and protection of surrounding areas, including specific
reference to the number of security personnel assisting in the control
of traffic and supervision of those attending, and providers thereof.
(e)
On-site medical facilities and providers thereof.
(f)
Post-gathering trash removal and site restoration and providers
thereof.
(g)
Lighting and other utility services.
(11)
Certificates of insurance issued by an insurance company licensed
to do business in Pennsylvania, evidencing comprehensive general liability,
or special event public liability, in an amount of at least $1,000,000
for personal injury and $100,000 for property damage, unless said
required amounts are either decreased or increased by the Township
after considering the proposed gathering. The policies shall name
the Township of Tobyhanna as an additional named insured.
(12)
Examples of proposed advertising of the event, if any.
(13)
Applicants' statement that they shall bear all responsibility
for ensuring compliance with all applicable laws and regulations,
including but not limited to compliance with the Tobyhanna Township
ordinances, any and all regulations governing wetlands and/or other
natural resources and all other Township, county, state and/or federal
laws and regulations.
C.
Permit fee; fee not refundable.
(1)
Each application shall be accompanied with a check to cover the cost
of inspection, investigation, issuance, and administration of the
permit in the following amounts:
|
Persons Reasonably Anticipated
|
Fee
| |
|---|---|---|
|
250 to 500
|
$200
| |
|
501 to 2,000
|
$250
| |
|
2,001 to 3,500
|
$350
| |
|
3,501 to 5,000
|
$450
| |
|
5,001 to 10,000
|
$550
| |
|
Over 10,000
|
$1,000
|
(2)
No part of the permit fee is refundable.
D.
Each large gathering shall be located on a property of sufficient
size to ensure the safety, health and welfare of the public. The Township
shall have the sole discretion to determine whether the property wherein
the large gathering is proposed to be held is of a sufficient size
to ensure the safety, health and welfare of the public.
E.
If the size of the property wherein the large gathering is proposed
to be held is in excess of 15 acres, the applicant may request the
Board of Supervisors consider a waiver of certain provisions of this
chapter. The Board of Supervisors shall not be required to grant any
such waiver and may attach reasonable conditions to any such waiver
as deemed necessary to ensure the safety, health and welfare of the
public.
F.
The Zoning Officer shall either grant or deny the application for
permit prior to the first day upon which announcement, promotion or
advertising is to be made or the day upon which the gathering is to
commence, whichever occurs first.
A.
As an additional condition to the issuance of a permit for a large
gathering as defined herein, the Township may require, at its discretion
after consideration of the application submitted, that the applicant
submit a bond, with a licensed commercial surety, letter of credit
or cash as a security deposit in an amount to be determined in accord
with the schedule set forth below and in a form approved by the Township
Solicitor to save and protect and indemnify the Township from any
loss or expense sustained as a result of:
(1)
Loss and damage to Township streets, pavements, bridges, road signs,
and all other Township property caused by persons sponsoring, working
at, or attending and participating in the public gathering and any
vehicles or other instrumentalities in their control; and
(2)
Failure of the persons to whom a permit was issued to perform their
obligations under the permit granted by the Township, including, but
not limited to, such things as restoring the premises where the large
gathering was held to a sanitary condition or providing the necessary
security or traffic control.
B.
The bond, letter of credit or cash deposit shall be in the following
amounts, unless said amounts are either decreased or increased by
the Township after considering the proposed gathering:
|
Persons Reasonably Anticipated
|
Cash Deposit or Letter of Credit Amount
| |
|---|---|---|
|
250 to 500
|
$1,000
| |
|
501 to 2,000
|
$2,000
| |
|
2,001 to 3,500
|
$4,000
| |
|
3,501 to 5,000
|
$10,000
| |
|
5,001 to 10,000
|
$20,000
| |
|
Over 10,000
|
$50,000
|
A.
The permit shall be expressly conditioned upon satisfaction and completion
of the conditions recited in this section, subject to the following
schedule:
(1)
A gathering numbering 250 to 5,000 persons, completion of the following
conditions is required five days prior to the first day upon which
the gathering is to commence.
(2)
A gathering numbering over 5,000 persons, completion of the following
conditions is required seven days prior to the first day upon which
the gathering is to commence.
B.
Failure to satisfy the following conditions within the time frame
set forth above shall constitute grounds for the immediate revocation
of the permit by the Township and the cancellation and/or cessation
of the large gathering:
(1)
Sanitary facilities: written approval from the Sewage Enforcement
Officer and/or other responsible governmental agencies, indicating
that the applicant's plan for potable water supply being one
gallon per person per day, sanitary toilet facilities, washing facilities,
sewage disposal facilities, and food preparation and service facilities
conform with applicable laws, ordinances, rules and regulations relating
to the public health.
(2)
Public safety:
(a)
Security. Applicants shall prepare an acceptable plan and demonstrate
the means to implement the plan in order to provide for adequate traffic
and crowd control, which plan must include one acceptable and Township-approved
security person for every 50 motor vehicles reasonably anticipated
to be at the location and one additional acceptable and Township-approved
security person for the first 200 persons and one additional security
person for each 100 persons thereafter reasonably anticipated to be
in attendance. The plan shall be approved by the Township and/or County
Emergency Management Coordinator and/or Pocono Mountain Regional Police
Department. Identification of the security personnel, or company or
persons supplying this service, must be provided and acceptable to
the Township. The Township may either decrease or increase the aforementioned
number of security persons after considering the specific concerns
of the proposed gathering.
(b)
Enclosures. Applicants must demonstrate that an acceptable plan,
and means to implement the plan, exists to have the location where
the gathering is to be held enclosed with snow fencing or other similar
material of equivalent strength of not less than four feet in height,
if admission is charged and attendance is reasonably expected to exceed
2,000 persons.
(c)
Medical services. Applicants must demonstrate that an acceptable
plan, and a means to implement the plan, exists to provide sufficient
medical services to the large gathering. Each large gathering shall
have as a minimum one ambulance staffed by two adult emergency medical
technicians (EMTs) or equivalent in attendance at all times. Identification
of the company or person supplying this service must be provided and
acceptable to the Township. The Township may either decrease or increase
the aforementioned number of EMTs after considering the specific concerns
of the proposed gathering.
(d)
Parking facilities. Applicants must demonstrate that an acceptable
plan, and a means to implement the plan, exists to provide adequate
parking facilities and lighting appropriate to the anticipated number
of persons in attendance. There must be adequate parking facilities
to accommodate one vehicle for every four persons reasonably anticipated
to be in attendance. There must also be provided adequate ingress
and egress to and from parking areas to facilitate the movement of
any vehicle at any time to or from the parking area and to permit
access by emergency vehicles.
(3)
Structures. All facilities, including structures, stages, rides,
lighting facilities, sanitary facilities and other utilities, to be
specially assembled, constructed, installed, or erected for the gathering
must be in place and be approved by appropriate local, state and federal
regulatory agencies, if its regulations apply, and by the Township,
or its duly appointed agent, and Building Code Official (BCO).
(4)
Facilities shall be inspected by the Township Zoning Officer, Building
Code Official and Emergency Management Coordinator two days prior
to the gathering numbering 250 to 5,000 persons or three days prior
to the gathering numbering over 5,000 persons.
A.
The large gathering permittees must maintain the sanitary and sewage
facilities, parking facilities, security and traffic control personnel
and medical service facilities, and other facilities and utilities
provided in accordance with the plans submitted and approved, and
in a safe and healthful manner.
B.
No permittee, or persons having control of the large gathering, shall
condone any illegal conduct on the premises, including, but not limited
to, disorderly conduct or illegal possession, sale, or use of intoxicating
beverages or drugs.
C.
The burden of preserving order during the large gathering shall be
upon the permittees of the gathering and owners of the property. Any
violations of the laws of the Commonwealth of Pennsylvania, or its
rules and regulations, or of the terms and conditions of this chapter,
or other ordinances of Monroe County or the Township of Tobyhanna,
or of the conditions of the permit granted hereunder may be cause
for immediate revocation of the permit by the Zoning Officer or Pocono
Mountain Regional Police and/or Pennsylvania State Police, and 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
large gathering shall immediately terminate the assembly and provide
for the orderly dispersal of those in attendance.
D.
The Zoning Officer, Building Code Official, Regional Police and/or
Emergency Management Coordinator shall be granted access to the large
gathering at all times for the purpose of inspection and enforcement
of the terms and conditions imposed herein.
E.
No programmed entertainment, amusement or recreation or use of sound
amplification equipment shall be provided or permitted between the
hours of 10:00 p.m. and 10:00 a.m., and such equipment shall not be
operated in a location which is less than 500 feet from any school,
church, or place or institution of human habitation, or public road.
All activities of the large gathering shall comply with all other
Township ordinances, including but not limited to noise and nuisance
ordinances.
F.
Any applicant with more than a ten-percent proprietary interest in
the large gathering, and the owner of property or person in charge
of the property, or their designated agents or representatives, shall
be required to be in attendance at the large gathering and shall be
responsible for insuring that no person shall be allowed to remain
on the premises who is violating any state or Township laws, ordinances,
rules or regulations.
G.
If at any time during the conduct of the large 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 Regional Police, Zoning Officer, Township Code Enforcement Officer
and/or other authorized Township representative shall have the authority
to require the applicants to limit further admissions until all conditions
and provisions recited herein are met.
H.
If at any time during the conduct of the large gathering the Regional
Police, Zoning Officer and/or Township Code Enforcement Officer determines
that the gathering and the activities conducted therein are threatening
the safety, health and welfare of the public, the Regional Police,
Zoning Officer, Township Code Enforcement Officer and/or other authorized
Township representative shall have the authority to require the applicants
to immediately terminate the assembly and provide for the orderly
dispersal of those in attendance.
I.
Gatherings operating without a permit under this chapter based on
a reasonable anticipation of less than 250 persons in attendance shall
limit attendance therein to 249 persons, and printed tickets, if utilized,
cannot number more than 249.
J.
At the conclusion of the program, the permittees shall terminate
the assembly or gathering and shall supervise the orderly dispersal
of those in attendance. No one shall be permitted to remain overnight
on the licensed premises, except permanent residents, unless overnight
camping or other facilities were approved by the Township pursuant
to the application process and this chapter.
This chapter shall in no way be a substitute for, nor eliminate
the necessity of, complying with any and all federal and state laws,
rules and regulations, county and Township ordinances which are now,
or may be in the future, in effect which pertain to the conduct of
large gatherings and/or the activities or operations conducted therein.
Any person who initiates, organizes, promotes, permits, conducts
or causes to be advertised a large gathering without obtaining the
permit provided in this chapter, or who knowingly conducts, permits
or allows a large gathering with a permit but in violation of the
terms and provisions of this chapter and of the permit granted, or
who shall counsel, aid or abet such violation or failure to comply,
upon conviction thereof by any District Magistrate, shall be subject
to a fine of not more than $1,000, together with costs. In default
of the payment of any fine, the defendant shall be sentenced to jail
for a period not exceeding 30 days.
