[Ord. 1796, 4/18/1988, § 601]
As used in this part shall mean any theatrical exhibition, musical
or dramatic performance, festival, carnival, exhibition, show, entertainment,
promotion, gathering, amusement or similar activity;
Shall not include any parade or other activity conducted upon
public streets or grounds for which a permit is required pursuant
to Township ordinances, resolutions or regulations other than this
Part.
An organization which has been granted an exemption by the
United States Internal Revenue Service under Section 509(c) or Section
509(a) of the Internal Revenue Code.
Any individual, corporation, association, organization or
other entity.
[Ord. 1796, 4/18/1988, § 602]
1.
No person shall conduct, or permit to be conducted upon their property
within the Township of Harrison, any outdoor amusement as defined
in this Part without first obtaining a license therefor in accordance
with the provisions of this Part. A separate license is required for
each separate location at which the outdoor amusement is conducted.
2.
Charitable organizations shall be exempt from all fees imposed in
connection with this Part, but shall not be exempt from the duty to
comply with all other provisions of this Part.
[Ord. 1796, 4/18/1988, § 603]
1.
No license shall be granted unless an application form approved by
the Township is filed with the Township Chief of Police at least 30
days prior to the first day on which the outdoor amusement will be
conducted.
2.
Each application shall contain the following information:
A.
The name, address and telephone number of the person proposing to
conduct the outdoor amusement.
B.
The location at which the outdoor amusement will be conducted.
C.
The dates on which the outdoor amusement will be conducted.
D.
The hours during which the outdoor amusement will be conducted.
E.
The nature of the outdoor amusement to be conducted.
F.
A brief description of the following as to each location where the
outdoor amusement is conducted.
G.
The number of person expected to attend at each location of the outdoor
amusement during each day thereof.
3.
Each application shall contain the following statements, followed
by the applicant's signature:
A.
Intending to be legally bound and in consideration of the grant of
an outdoor amusement license, Applicant hereby covenants and agrees
to release, hold harmless and indemnify the Township of Harrison and
its employees, agents and representatives from any and all liabilities,
causes of action, claims, or damages, which might arise by virtue
of the granting of the applied for license or the conduct of said
outdoor amusement, Applicant's successors, assigns, executor
and heirs to be bound hereby.
B.
I verify that the statements herein are true and correct. I understand
that false statements herein are made subject to the penalties of
18 PA C.S.A. § 4904, relating to unsworn falsification to
authorities.
4.
Each license application must be accompanied by the following:
A.
An original or copy of all state and/or county permits required in
connection with the outdoor amusement.
B.
Evidence satisfactory to the Township that applicant has in force
a policy of public liability insurance providing coverage during the
duration of the proposed outdoor amusement in amounts of at least
$1,000,000 per one person and $2,000,000 per any one accident. Such
policy shall be satisfactory in form and content to the Township Solicitor.
Written notice shall be given to the Township 30 days prior to cancellation
of such policy.
C.
A nonrefundable application fee in an amount to be established by
the Board of Commissioners by Resolution.
[Ord. 1796, 4/18/1988, § 604]
1.
The Chief of Police or Zoning Officer shall review each application
and conduct such investigation and inspection in connection therewith
as may be necessary to ascertain whether the application is complete
and accurate and that adequate provision has been made to protect
the public health, safety and welfare in accordance with the standards
and criteria set forth in § 605 hereof.
2.
If it is found that the application is complete and accurate and
that adequate provisions has been made to protect the public health,
safety and welfare, according to the standards and criteria set forth
in § 605 hereof, the Chief of Police of Zoning Officer shall
so report to the Township Secretary, who will issue a license to the
Applicant upon payment of the required nonrefundable license fee,
such fee amount to be established by the Board of Commissioners by
Resolution.
3.
All licenses shall contain:
A.
The name, address and telephone number of the person authorized to
conduct the outdoor amusement.
B.
The nature of the outdoor amusement authorized.
C.
The date or dates and hours on each date during which the outdoor
amusement will be conducted.
D.
The location or locations of the outdoor amusement.
E.
The hour and date of expiration of the license.
F.
The signature of the Township Secretary and date of issuance.
4.
If it is found that the application is not complete, not accurate
or that adequate provision has not been made to protect public health,
safety and welfare, in accordance with the standards and criteria
set forth in § 605 hereof, the Chief of Police and Zoning
Officer shall so report to the Township Secretary who shall deny the
applicant a license. When a license is denied, the Township Secretary
shall send written notice of the denial to the applicant's last
known address by certified mail, return receipt requested. Such notice
shall inform the applicant of the grounds for denial and of the applicant's
right to appeal in accordance with § 606 hereof.
[Ord. 1796, 4/18/1988, § 605]
1.
All outdoor amusements shall be conducted at all times in accordance
with the following requirements:
A.
Adequate rest rooms shall be provided.
B.
Adequate numbers of openings and/or access routes for persons and
vehicles to each location of an outdoor amusement shall be provided.
C.
Adequate facilities and provisions for the handicapped, including
wheelchair ramps, reserved viewing and parking areas and rest rooms
shall be provided.
D.
Music, shouting, noise or amplified sound of any kind which can be
heard at dwelling structures within 100 feet is prohibited.
E.
No unsafe or unsanitary conditions shall exist and any such conditions
shall be corrected immediately upon discovery.
F.
Activity or conduct in violation of any municipal, state, or federal
law, regulation or ordinance is prohibited.
G.
The outdoor amusement activity shall be limited to that activity
described in the license.
H.
Township authorities shall be permitted to examine the licensee's
license and to inspect the outdoor amusement site to ascertain compliance
with this Part upon request at any time before, during or after the
conduct of the outdoor amusement.
2.
The Chief of Police and Zoning Officer are authorized to revoke any
license granted under this Part, if the licensee is found to have
made any false statement in connection with the license application
or if an outdoor amusement conducted by the license fails to comply
with the requirements set forth at § 605.1 above.
3.
Upon revocation of a license pursuant to § 605.2) above,
the Township Secretary shall send written notice of the revocation
to the licensee's last known address by certified mail, return
receipt requested. Such notice shall inform such licensee of the grounds
for revocation and of the licensee's right to appeal such revocation
in accordance with § 604 hereof.
[Ord. 1796, 4/18/1988, § 606]
1.
In order to prevent the conduct of outdoor amusements not in compliance
with this Part, the proper authorities of the Township, in addition
to other remedies, may;
[Ord. 1796, 4/18/1988, § 607]
Any person aggrieved by the action of the Chief of Police or
his designee in the denial of application approval as provided in
§ 604.4 of this Part, or in the action of the revocation
provided in § 604.2 of this Part, shall have the right of
appeal to the Board of Commissioners. Such appeal shall be taken by
filling with the Board, within 14 days after notice of the action
complained of has been mailed to such person's last known address,
a written statement setting forth fully the grounds for appeal. Aggrieved
persons timely filing appeals shall be granted a hearing by the Board
in accordance with the Local Agency Law.
[Ord. 1796, 4/18/1988, § 608]
All permits expire on the date specified in the permit.
[Ord. 1796, 4/18/1988, § 609]
Any person that shall violate any of the provisions of this
Part 6 shall forfeit and pay to the Township, for each and every separate
offense, a sum not less than $50 nor more than $300, to be sued for
and recovered as other fines and penalties are now by law recoverable,
and in default of payment of the fine and costs of prosecution shall
be committed to the county jail for a period not exceeding 30 days.
Each days' continuance of a violation shall constitute a separate
offense.
[Ord. 1796, 4/18/1988, § 610]
The provisions of this Part are declared to be severable, and
if any section, sentence, clause or phrase of this Part shall for
any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this part but they shall stand, notwithstanding
the invalidity of any part.
