[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:
- 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.
- 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.
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.
No applicant shall be under 21 years of age.
No permit may be transferred or assigned.
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.
Written application for each large gathering shall be made to the Zoning Officer for review according to the following schedule:
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.
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.
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:
The full legal names, addresses and telephone numbers of all sponsors.
The full legal name and address of the owner and person in charge of the property to be utilized for the large gathering.
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.
The location and address of the property to be utilized for the large gathering.
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.
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.
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.
A statement of the number of persons expected to attend such event and the duration of such event.
A statement regarding the first day, upon which public announcement, promotion, or advertising is to be made.
Specific information and details relating to:
Food and drink facilities and providers thereof.
Sanitary and waste disposal facilities and providers thereof.
Transportation and parking facilities.
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.
On-site medical facilities and providers thereof.
Post-gathering trash removal and site restoration and providers thereof.
Lighting and other utility services.
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.
Examples of proposed advertising of the event, if any.
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.
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.
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.
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.
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:
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
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.
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:
The permit shall be expressly conditioned upon satisfaction and completion of the conditions recited in this section, subject to the following schedule:
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.
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.
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:
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.