[HISTORY: Adopted by the Board of Supervisors of the Township
of Easttown 5-4-1959 by Ord. No. 48; amended in its entirety 6-3-2013 by Ord. No.
415-13. Subsequent amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have
the following meanings indicated:
Any public event officially sponsored or officially organized
by the Township from time to time.
A preplanned single event or series of events that, because
of its nature, interest, location, promotion or any combination of
similar influences, is expected to draw a large number of persons,
proposed to be held on public property, or on private property but
impacting public property or roadways, and/or requiring the use of
public support services. "Special event" shall include, but not be
limited to, races, festivals, shows, neighborhood celebrations, public
events which are privately sponsored but open to the public, or similar
activities generally considered be recreational in nature. The term
shall not include the normal operations, activities or affairs of
any duly established municipal, recreational or religious organization
or institutions located in the Township, an event whose estimated
total attendance of all participants is anticipated to be less than
50 people, or to any community event.
The person, group, corporation or other entity responsible
for organizing the event.
Those services which can or must be provided by the Township
to ensure that an event is conducted in such a manner as to protect
the rights, safety, health, property and general welfare of its citizens.
This includes but is not limited to fire protection, police protection,
crowd management and control, traffic management and solid waste management.
No sponsor, person, association, firm, corporation, or other
entity shall conduct any special event or community event in Easttown
Township without first having obtained a permit from the Township.
[Amended 1-15-2018 by Ord. No. 433-18]
A.
The Township shall develop an application for a special event or
community event permit. The Township application for a permit for
a special event or community event shall be submitted by the sponsor
to the Township Manager or his designee no less than 30 days prior
to the special event or community event. If the special event is planned
to be marketed and promoted, the sponsor should submit the application
well in advance to ensure that the special event receives the required
approvals.
B.
The Township Manager or his designee may waive the requirement of
30 days' advance notice for spontaneous special events or community
events for celebrations important to the Township, the Commonwealth
of Pennsylvania and the nation, including but not limited to the celebration
of local sports teams and the end of wars or other conflicts of national
significance. The Township Manager or his designee may waive the requirement
of 30 days' advance notice if there are circumstances unique to the
sponsor which justify the waiver to assure the public safety and welfare
of the Township or the Township's best interest.
C.
The application shall be further accompanied by such other information
as may be required by the Township Manager or his designee.
A.
Township review of the application is to provide a mechanism which
will allow the Township to plan, evaluate and coordinate any special
event or community event, which will allow the establishment of terms
and conditions within which the event may be conducted and will allow
the sponsor or any involved event planner to plan and manage the event
within the context of the established terms and conditions.
C.
Additional Township personnel may be involved at the discretion of
the Township Manager or his designee. The Township Manager or his
designee may waive review by any of the listed Township officials.
D.
The personnel participating in the Township review of the special
event or community event are charged with the responsibility of reviewing,
evaluating and recommending to the Township Manager or his designee
the approval/disapproval of any special event or community event on
its own merits.
E.
In reviewing a proposed special event or community event, personnel
shall also review, evaluate and estimate the cost of the support services
required for the community event or, in the case of a special event,
the cost of the support services that will be charged to the sponsor.
The personnel may also recommend to the Township Manager or his designee
that costs or any portion of the costs be waived if such a waiver
is in the best interest of the Township. Township review will involve
consideration of various criteria and factors, including but not limited
to the following:
(1)
Is the proposed event considered desirable for the Township?
(2)
Does the Township have the ability to provide, if needed, the required
support services regardless of who bears the cost?
(3)
Does the proposed event adversely affect the normal and necessary
functions of the support services to the Township?
(4)
Does the proposed event conflict with any other proposed events or
activities?
F.
The personnel conducting the Township review shall recommend either
approval or disapproval of a proposed special event or community event,
submit the conditions required if approved and submit an estimate
of costs of support services and any other related issues to the Township
Manager or his designee in a timely manner so as not to delay the
planning process.
G.
The Township Manager or his designee may require additional conditions
not herein mentioned as may be necessary to maintain peace and order
or to protect the health, safety and general welfare of the citizens
of the Township or any neighboring property.
H.
Final approval of a permit for the community event or special event
proposed along with all costs and conditions attached shall be made
by the Township Manager or his designee.
[Amended 10-16-2023 by Ord. No. 458-23]
The Township Manager or his designee shall notify the sponsor
of a special event within five days of the final decision. If the
notification is an approval, it shall include any costs and/or conditions
attached to the approval. If the notification is a denial, it shall
include the reasons for denial.
A.
Approval to conduct a special event or community event by this process
does not relieve the sponsor or any participants, including but not
limited to peddlers, vendors, or exhibitors, from the responsibilities
of applying for any other permits or licenses, complying with federal
or state law, or meeting any other requirements of the Township's
ordinances that may be applicable.
B.
All events shall obtain liability insurance in the amount denoted
on the application, which may change from time to time, with the Township
named as an additional insured, or a larger amount in the discretion
of the Township. The insurance shall satisfy all insurance requirements
for the Township for holding the special event. The insurance policy
may be subject to the review and approval of the Township Solicitor.
C.
All required permits, licenses, security deposits, fees, insurance
policies or any other conditions of the permit so indicated on the
permit shall be obtained no later than 10 days prior to the special
event.
D.
The sponsor holding the special event shall be responsible to the
Township for damages sustained to Township property caused by participants
in the special event. Such additional costs and expenses shall be
paid to the Township by the sponsor within five days of receipt of
a bill.
E.
The sponsor holding the special event shall be responsible to the
Township for damages sustained to Township property caused by participants
in the special event. The sponsor shall also be responsible for the
cost of any support services required, at the sole discretion of the
Township, to address specific unanticipated circumstances occurring
at the special event related to larger crowd numbers than projected
by the sponsor, or where the nature of the special event is not consistent
with the event as applied for by the sponsor. Such unanticipated circumstances
may include, but are not limited to, crowd control and emergency response.
Such additional costs and expenses shall be paid to the Township by
the sponsor within five days of receipt of a bill.
F.
Sponsors shall be limited to maximum of four special events per calendar
year. A special event may last up to 11 consecutive calendar days
and still be considered as a single special event. Any additional
consecutive days after the eleventh day shall each be considered a
separate special event.
[Added 1-15-2018 by Ord.
No. 433-18[1]]
G.
All regulations and/or requirements set forth in this chapter related
to events may be waived or adjusted for community events at the discretion
of the Township Manager or his designee.
H.
The Township Manager or his designee may, upon showing of good cause
that certain conditions or requirements as herein set forth are not
applicable or would cause an unreasonable burden upon the sponsor,
modify the foregoing requirements after review of the circumstances
presented by the sponsor.
[Amended 1-15-2018 by Ord. No. 433-18]
A.
(Reserved)
B.
No later than 10 days prior to the special event, the sponsor shall
secure the costs associated with necessary support services, as set
forth in the permit, according to the following schedule:
C.
Security may be in the form of a cash escrow or bond in a format
acceptable to the Township.
D.
The cost of individual support services shall be set by resolution
of the Board of Supervisors from time to time. Any additional costs
set forth in the permit shall be paid no later than 10 days prior
to the special event.
E.
At the close of the special event, the actual cost of the support
services, including support services arising for unanticipated circumstances,
shall be calculated and either additional payment made to the Township
within five days or excess security released by the Township to the
sponsor at the next regularly scheduled meeting of the Board of Supervisors.
A.
In the event that all required permits, licenses, security deposits,
fees, insurance policies or any other conditions of the permit so
indicated on the permit are not obtained 10 days prior to the special
event, the permit shall be revoked by the Township.
B.
In the event all required costs associated with the support services
have not been paid 10 days prior to the special event, the Township
shall revoke the permit.
C.
Any violation of one or more of the regulations set forth herein
or conditions of the permit shall be sufficient grounds for the Township
to immediately revoke the permit and order the sponsor holding the
special event to cease and desist their activities. Upon such notice
of immediate revocation, the sponsor shall cease and desist its activities
and shall be prevented from applying for another permit for at least
two years from the date of revocation.
D.
If the violation is not discovered by the Township until the special
event has ended, then the Township shall suspend for two years the
right of the sponsor conducting the special event to apply for another
permit to conduct a special event.
E.
The Township may extend the suspension beyond the two-year period,
if, in its discretion, it is determined that the sponsor will not
conduct a future special event in accordance with the regulations
set forth herein or the conditions set forth in the permit or will,
if allowed to conduct such a special event, pose a threat to the public
health, safety and welfare.
A sponsor who has been denied a permit to conduct a special
event, whose permit has been revoked or whose right to apply for a
permit has been suspended or revoked for violation of this chapter
or contests a permit condition shall have the right to appeal said
denial, suspension, revocation or condition to the Board of Supervisors,
in writing, within 15 days of the date of the notice of said denial,
suspension, revocation or condition. The Board of Supervisors shall
conduct a hearing on said appeal within 30 days from the date of filing
of the appeal. The Board of Supervisors shall render a decision within
45 days after the hearing, either upholding the denial, suspension,
revocation or condition or granting the appeal and ordering the Township
to grant the permit or rescind the revocation or suspension notice
or remove the condition.
A.
Any person, firm or corporation who shall violate any provision of
this chapter or fails to secure the permit required thereby, as the
case may be, shall, upon conviction thereof, be sentenced to pay a
criminal fine of not more than $1,000, plus costs, and, in default
of said fine and costs, to a term of imprisonment not to exceed 30
days, or both. Each day that a violation of this chapter continues
shall constitute a separate offense.
B.
In addition to the above-provided penalties, the Township may maintain
any action or proceedings in the name of the Township in any court
of competent jurisdiction, at law or in equity, to compel compliance
with or enforce any violation of this chapter.
If the Police Department provides support services, the Police
Chief shall keep an accurate record of all hours worked by all officers,
and extra compensation shall be paid to each officer for all time
worked beyond regularly scheduled tour of duty, less the same deduction
made from his usual compensation, at appropriate rates.
