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:
LARGE GATHERING
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.
PERSON IN CHARGE OF PROPERTY
An agent and his principal, occupant, lessee, contract purchaser,
or person other than the owner, having possession or control of property
in the Township.
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 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.
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.