[Ord. 94-5, 9/8/1994, § 1]
1. 
Purpose. An ordinance to permit, license, regulate and control in the interest of public safety, health and welfare, outdoor gatherings of persons in excess of 150 in number, to provide penalties for violations thereof and to repeal all ordinances or parts of ordinances inconsistent therewith.
2. 
Definitions. For the purpose of this Part the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory.
APPROVED
Any construction or procedure of operation which is in accordance with the established regulations of the Pennsylvania Department of Health and applicable provisions of Federal, State or local law, or regulations established pursuant thereto.
ATTENDANT
Any person who obtains admission to an outdoor assembly by payment of money or by the rendering of services in lieu of the payment of money for admission.
BOARD OF SUPERVISORS
The Board of Supervisors of Allen Township, Northampton County, Pennsylvania.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer for the Township of Allen.
COMMUNICABLE DISEASE
An illness due to an infectious agent, or its toxic products, which is transmitted directly or indirectly to a well person from an infected person, animal or arthropod or through the agency of an intermediate host, vector or the inanimate environment.
DRINKING WATER
Potable water provided or used for human consumption or for lavatory or culinary purposes.
GARBAGE
All putrescible wastes (except sewage and body waste). Included in this term are animal and vegetable offal.
HEALTH DEPARTMENT
The Pennsylvania Department of Health or its authorized representatives.
LICENSEE
Any person to who a license is issued pursuant to this Part.
MASS OUTDOOR GATHERING
Any commercial outdoor event, intended for profit, attended by more than 150 people, all or any part of which includes a theatrical exhibition, public show, display, entertainment, amusement or other exhibition, including, but not limited to musical festivals, rock festivals, peace festivals or similar gatherings, but does not mean an event which is conducted or sponsored by a governmental unit or agency on publicly owned land or property; or an event which is conducted or sponsored by any entity qualifying for tax exempt status under the Internal Revenue Code, or any other applicable federal, state or local law; private or public auction.
OPERATOR
Any person who organizes, promotes, conducts, or causes to be conducted a mass gathering. The term operator is interchangeable with the term sponsor within the definitions of this Part.
PERSON
Any natural person, partnership, corporation, association or organization.
PLUMBING
All of the following facilities and equipment: water pipes; waste pipes; drains; vents; water closets; sinks; trays or tubs; catch basins; and any other similarly supplied fixtures, together with all connections to water systems or sewage systems.
REFUSE
All nonputrescible wastes generally regarded and classified as rubbish, trash and junk and similar designations which have been rejected by the possessor thereof as useless or worthless.
SEWAGE
Any substance that contains any of the waste products, excrement, or other discharge from the bodies of humans or animals, and any noxious or deleterious substances which are harmful or inimical to the public health, to animal or aquatic life, or to the use of water for domestic water supply or for recreation.
SEWERAGE SYSTEM
Any community or individual system, publicly or privately owned, for the collection and disposal of sewage and industrial wastes of liquid nature, including various devices for the treatment of such sewage or industrial wastes of a liquid nature, including various devices for the treatment of such sewage or industrial wastes.
SPONSOR
Any person who organizes, promotes, conducts or causes to be conducted a mass outdoor gathering.
TOILET FACILITIES
Water closets, privies, urinals, chemical toilets, and rooms provided for installation of these units.
TOWNSHIP
The Township of Allen, Northampton County, Pennsylvania.
[Ord. 94-5, 9/8/1994, § 2; as amended by Ord. 2007-04, 11/8/2007]
1. 
Necessity of License/Permit. A person shall not operate, sponsor, maintain, conduct, promote or allow a mass outdoor gathering in Allen Township without first having made application for, and obtained, as hereinafter prescribed, a license/permit for each such mass outdoor gathering.
2. 
Application for License/Permit. Application for a license/permit to conduct a mass outdoor gathering must be made in writing on such forms and in such manner as prescribed by the Township Secretary and shall be made at least 30 days prior to the date of the proposed mass outdoor gathering.
3. 
Application Fee. Each application shall be accompanied by a non-refundable fee of $250.
4. 
Application Information. Each Application made shall be filed with the Code Enforcement Officer and shall include at least the following.
A. 
The name, residence and mailing address of the person making the application. (Where the person making the application is a partnership, corporation or other association this information shall be provided for all partners, officers, directors or members).
B. 
A statement of the kind, character and type of proposed mass outdoor gathering.
C. 
The address of the site at which the mass outdoor gathering is proposed to be conducted. If ownership in the proposed site is not vested in the applicant, there shall be submitted with the application an affidavit from the site owner indicating his consent to the use of the site for the proposed mass outdoor gathering, together with a copy of his current deed for said premises.
D. 
The date or dates and hours during which the proposed mass outdoor gathering is to be conducted.
E. 
An estimate of the maximum number of attendants expected at the proposed mass outdoor gathering.
F. 
Each application shall be accompanied by an explanation, including drawings and diagrams where applicable, of the prospective licensee's plans to provide for:
(1) 
Police and fire protection;
(2) 
Food and water facilities;
(3) 
Health and sanitation facilities;
(4) 
Medical facilities and services;
(5) 
Vehicles access and parking facilities;
(6) 
Public telephone facilities;
(7) 
Noise abatement and control;
(8) 
Illumination facilities;
(9) 
Facilities for cleanup and waste disposal; and
(10) 
Insurance and bonding arrangements.
5. 
Commission Action on Application. Within 15 days of the filing of an application for license, the Board of Supervisors, through its Code Enforcement, shall take action on the application. The Board of Supervisors, through its Code Enforcement Officer, may take one of the following actions:
A. 
Approve Application. If the Board of Supervisors, through its Code Enforcement Officer, is satisfied that the prospective licensee has complied with all requisites and purposes of this Ordinance, both heretofore and hereinafter addressed in this Part, it may approve the application and allow a person to conduct the proposed mass outdoor gathering.
B. 
Deny Application. The Board of Supervisors, through its Code Enforcement Officer, may deny a license if the applicant fails to comply with any or all requirements of this Part, or with any or all conditions imposed pursuant hereto, or with any other applicable provision of state or local law or the applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document. If an applicant is denied a license/permit, the Board of Supervisors shall send written notice of the denial to the applicant by certified mail within five days of the denial decision. The reasons for denial shall be stated in the notice.
6. 
Requirements for License/Permit. In addition to the requisites heretofore mentioned, the Board of Supervisors, through its Code Enforcement Officer, shall require the following from prospective licensees.
A. 
Security Personnel. The licensee shall employ, at his own expense, such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of attendants at the gathering, to regulate and limit the number of persons to the level authorized in the permit, and for preservation of order and protection of property in and around the site of the gathering. No license/permit shall be issued unless the Chief Law Enforcement Officer for Northampton County, in cooperation with the Director of the State Police, is satisfied that such necessary and sufficient security personnel will be provided by the licensee for the duration of the gathering.
B. 
Medical Facilities. If the gathering is not readily and quickly accessible to adequate existing medical facilities, the licensee shall be required to provide an ambulance on the grounds at all times. In addition, a first-aid station shall be made available as required by the Pennsylvania Department of Health and/or the Department of Environmental Protection. The kind, location, staff, strength, medical and other supplies and equipment of such facilities shall be prescribed by the Department of Environmental Protection and in accordance with all rules and regulations of the Pennsylvania Department of Health and/or any applicable Federal, State or local law or regulation established pursuant thereto.
C. 
Food Service. If food service is made available on the premises, it shall be delivered through concessions licensed and operated in accordance with the provisions of any applicable Township ordinance and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable Federal, State or local law or regulations established pursuant thereto.
D. 
Water Facilities. The licensee shall provide potable water, sufficient in quantity and pressure to assure proper operation of all water-using facilities under conditions of peak demand. Such water shall be supplied from a public water system, if available, and if not available, then from a source constructed, located and approved in accordance with any applicable federal, state or local law or regulations established pursuant thereto, or from a source and delivered and stored in a manner approved by the Department of Environmental Protection. Any interruption in the treatment of a drinking water supply shall be reported immediately to the Department of Environmental Protection. No change in the source of, or in the method of treatment of, a drinking water supply shall be made without first notifying the Department and securing its approval to do so.
E. 
Plumbing.
(1) 
Plumbing shall be so sized, installed, and maintained as to carry adequate quantities of water to required locations throughout the premises of the mass gathering, and to properly convey sewage and liquid wastes from the premises to the sewerage or sewage disposal system.
(2) 
Plumbing shall serve to prevent contamination of the water supply, and shall not create an unsanitary condition or nuisance.
F. 
Liquid Waste Disposal. The licensee shall provide for solid waste storage on, and removal from, the premises. The collection of all garbage and refuse shall be conducted in a sanitary manner and shall be removed from the facilities at least once every 24 hours or at more frequent intervals if necessary to prevent a nuisance. Storage shall be in approved, covered, fly-tight and rodent-proof containers, provided in sufficient quantity to accommodate the number of attendants. Prior to issuance of any license/permit, the licensee shall provide the Township with a true copy of an executed agreement in force and effect by a licensed refuse collector as required by any Township ordinance and the rules and regulations pursuant thereto, and will assure proper, effective and frequent removal of solid wastes from the premises as to neither create or cause a nuisance or menace to public health. Each refuse container, room or area shall be thoroughly cleaned after each emptying or removal of garbage and refuse.
G. 
Vector Control.
(1) 
The licensee shall implement effective control measures to minimize the presence of rodents, arthropodes, flies, roaches and other vermin on the premises. Poisonous materials such as insecticides or rodenticides, shall not be used in any way so as to contaminate food or equipment, or otherwise constitute a hazard to the public health. Solid wastes containing food waste shall be stored so as to be inaccessible to vermin. The premises shall be kept in such condition as to prevent the harborage or feeding of vermin. Prior to issuance of any license, the licensee shall provide the Township with a true copy of an executed agreement in force and effect by a licensed exterminator to insure proper pest and vermin control.
(2) 
All grass on the premises of the mass gathering shall be mowed one-week prior to the event and shall be effectively sprayed with insecticides approved by the Department of Environmental Protection and/or the Township.
H. 
Rest room Facilities. The licensee shall provide separate and enclosed water closets in accordance with any and all applicable Federal, State or local laws or regulations established pursuant thereto. The licensee shall provide lavatory and drinking water facilities constructed, installed, and maintained in accordance with any applicable Federal, State or local law or regulations established pursuant thereto. The number and type of facilities required shall be determined, on the basis of the number of attendants, in the following manner:
Facilities
Male
Female
Toilets
1:100
1:50*
Urinals
1:100
Drinking Fountains
1:200
*
Female urinals may be substituted for toilet bowls on a one-for-one basis; however, no more than 1/3 of the total number of toilet bowls may be substituted.
All facilities shall be installed, connected, and maintained free from obstructions, leaks and defects, and shall at all times be in operating condition.
I. 
Carriers of Communicable Disease. No individual known to be a possible transmitter of a communicable disease shall be employed at a mass gathering, in any capacity.
J. 
Supervision of Premises. A person to whom a license to promote or hold a mass gathering has been issued shall provide a competent individual to be in charge of the property and on the premises at all times while the property is occupied or open for occupancy.
K. 
Responsibility for Cleanup. The licensee shall be responsible for clean-up operations at the termination of the mass gathering.
L. 
General Responsibility. The person to whom a license/permit is issued shall comply with the provisions of the ordinance and with all conditions stated in the license.
M. 
Access and Traffic Control. The licensee shall provide for ingress to and egress from the premises so as to insure the orderly flow of traffic onto and off the premises. Access to the premises shall be from a highway or road which is a part of the State of Pennsylvania's system of highways. Traffic lanes and other space shall be provided, designated and kept open for access by ambulance, fire equipment, helicopter and other emergency vehicles.
N. 
Parking. The licensee shall provide a parking area sufficient to accommodate all motor vehicles, but in no case shall be provide less than one automobile space for every four attendants.
O. 
Illumination. The license shall provide electrical illumination of all occupied areas sufficient to insure the safety and comfort of all attendants. The licensee's lighting plan shall be approved by the Zoning Officer for the Township of Allen.
P. 
Insurance. Before the issuance of a license, the licensee shall obtain public liability insurance with limits of not less than $300,000 and property damage insurance with a limit of not less than $25,000 from a company or companies approved by appropriate governing body of the Commonwealth of Pennsylvania, which insurance shall insure liability for death or injury to persons or damage to property which may result from the conduct of the mass gathering or conduct incident thereto, and which insurance shall remain in full force and effect in the specified amounts for the duration of the license. The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the Township, at least 10 days before the expiration or cancellation of said insurance.
Q. 
Bonding. Before the issuance of a license/permit, the licensee shall obtain, from a corporate bonding company authorized to do business in Pennsylvania, a corporate surety bond in the amount of $10,000, in a form to be approved by the Township's Solicitor, conditioned upon the licensee's faithful compliance with all of the terms and provisions of this Part and all applicable provisions Federal, State or local law or regulations established pursuant thereto, and which shall indemnify the Township, its agents, officers, and employees and the Board of Supervisors against any and all loss, injury or damage whatever arising out of, or in any way connected with, the mass gathering and which shall indemnify the owners of property adjoining the mass gathering site for any costs attributable to cleaning up and/or removing debris, trash, or other waste resultant from the mass gathering.
R. 
Fire Protection. The licensee shall, at his own expense, take adequate steps as determined by any applicable Federal, State or local law or regulation established pursuant thereto to insure fire protection. He shall see to it that no flammable or volatile liquids or materials shall be stored in or adjacent to the area of the gathering and that adequate fire-fighting equipment is available to protect the life and health of the people attending the mass gathering.
S. 
Sound Producing Equipment. Sound producing equipment, including, but not limited to, public address systems, radios, phonographs, musical instruments and other recording devices, shall not be operated on the premises of the gathering so as to be unreasonably loud or raucous, or so as to be a nuisance or disturbance to the peace and tranquility of the citizens of the Township.
T. 
Communications. The licensee shall provide public telephone equipment for general use on the basis of at least one unit for the first 150 attendants and an additional unit for each 500 attendants in excess of the initial 150 attendants.
U. 
Miscellaneous. Prior to the issuance of a license, the Board of Supervisors may impose any other condition or conditions reasonably calculated to protect the health, safety, welfare and property of attendants or the citizens of Allen Township. Further, the Board of Supervisors may, from time to time, promulgate additional rules and regulations by resolution.
[Ord. 94-5, 9/8/1994, § 3]
The Board of Supervisors may revoke a license whenever the licensee, his employee or agent fails, neglects or refuses to fully comply with any and all provisions and requirements set forth herein, or with any and all provisions, regulations, ordinance, statutes, or any other laws incorporated hereby by reference.
[Ord. 94-5, 9/8/1994, § 4]
It shall be unlawful for a licensee, his employee, or agent, to knowingly fail to comply with any requirement of this Part, or to:
A. 
Advertise, promote or sell tickets to, conduct or operate as assembly without first obtaining a license/permit as herein provided, or after revocation of such a license/permit.
B. 
Conduct or operate a gathering in such a manner as to create a public or private nuisance.
C. 
Conduct or permit within the gathering any obscene display, exhibition, show, play, entertainment or amusement.
D. 
Permit any person on the premises to cause or create a disturbance in, around, or near the gathering by obscene or disorderly conduct.
E. 
Permit any person to unlawfully consume, sell, or possess intoxicating liquor while on the premises.
F. 
Permit any person to unlawfully use, sell or possess any narcotics, narcotic drugs, drugs or other controlled substance as defined in any applicable Federal, State or local law or regulation established pursuant thereto.
Any of the above violations is a separate offense and is punishable as a summary conviction by a fine of not more than $1,000. It is further provided that violations A through F, supra, are hereby declared to be nuisances per se, immediately enjoinable in the Court of Common Pleas of the County of Northampton, Pennsylvania, and that any violation of this ordinance shall constitute a sufficient basis for revocation of the license/permit and for the immediate enjoining of the gathering.
G. 
The operator shall be subject to and shall pay all applicable wage and occupational privilege taxes and any other similar employment tax.
[Ord. 94-5, 9/8/1994, § 5]
If any portion of this Part or the application thereof to any person or circumstance shall be found to be invalid, such invalidity shall not affect the remaining portions or applications of this Part which can be given effect without the invalid portion or application, provided such remaining portion or portions are not determined to be inoperable, and, to this end, this Part is declared to be severable.