[HISTORY: Adopted by the Borough Council of the Borough of
Burgettstown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-2-1997 by Ord. No. 6-2-B (Ch. XIII, Part 1A,
of the 1976 Code of Ordinances); amended in its entirety 11-2-2015 by Ord. No. 2015-3]
To conduct any dance to which the public is admitted, to provide
any live entertainment, such as a musical group, disc jockey, or the
like, in any establishment or by any person or legal entity, or to
provide and/or permit any live entertainment, such as, but not limited
to, musical groups, disc jockeys, dancers, and the like, in or by
any place, person or legal entity, a permit shall be first obtained
from the Borough for each date that the same is intended to occur
for a fee in an amount as set by resolution of the Borough Council.
Therein, there shall be a separate fee, in an amount as set by resolution
of the Borough Council, for each date. Excepting, however, no fee
payment is required for any entertainment activity sponsored by a
school, religious or charitable organization or group, but such organizations
or groups shall still obtain said permit.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Washington County.
[Adopted 4-3-2023 by Ord. No. 2023-003]
The purpose of this article is to provide for the permitting
of special events, including public facility use/rental and the temporary
closure or redirection of pedestrian and/or vehicular traffic on Borough
streets and alleys in a safe manner to allow for such activities.
Applications shall be submitted on the forms specified by the
Borough and shall include the full legal names, addresses, telephone
numbers, and email addresses of all persons in charge, the locations
and address of the property to be utilized for the events, a statement
of the number of persons expected to attend said event and the duration
of the event.
A.Â
If applicant is an individual resident of the Borough, a certified
nonprofit organization, or an educational institution, the following
application procedures are to be followed:
(1)Â
Written applications for public gatherings shall be submitted to
the Burgettstown Borough Council 30 days prior to the first day of
any public promotion/advertisement or commencement of the event.
(2)Â
No applicant shall be less than 21 years of age. If an applicant
is other than an individual, proof must be provided that the entity
is a legally constituted and created entity.
(3)Â
It is within to Borough's discretion to determine whether or
not an individual or organization qualifies under these procedures.
(4)Â
Evidence that all permits and licenses as required by state and local
statutes, ordinances and regulations enacted thereunder have been
obtained, or will be obtained.
(5)Â
The program for the event or, if no program is prepared, a narrative
statement as to the purpose for which the event is to be conducted.
(6)Â
Evidence that approvals have been secured from emergency responders
as appropriate.
B.Â
All other applicants such as for-profit organizations, politically
affiliated organizations, and fundraising organizations shall be subject
to the following application procedures:
(1)Â
Written applications for public gatherings shall be submitted to
the Burgettstown Borough Council 60 days prior to the first day of
any public promotion/advertisement or commencement of the event, whichever
occurs first. Application shall be submitted 90 days prior if the
event includes a proposal to close a Borough road.
(2)Â
No applicant shall be less than 21 years of age. If an applicant
is other than an individual, proof must be provided that the entity
is a legally constituted and created entity.
(3)Â
Evidence that all permits and licenses as required by state and local
statutes, ordinances and regulations enacted thereunder have been
obtained or will be obtained.
(4)Â
The program for the event or, if no program is prepared, a narrative
statement as to the purpose for which the event is to be conducted.
(5)Â
Evidence that approvals have been secured from emergency responders,
as appropriate.
An application fee may be charged, said fee to be in such amount
as established, from time to time, by resolutions of Borough Council.
It is within the Borough's discretion to deny the application
for permits that are not complete.
A.Â
Requests are subject to availability through confirmation with Borough
officials.
B.Â
The group using the facility shall be financially responsible for
any property that is damaged or destroyed while under its supervision.
C.Â
Any group using facilities must assume full responsibility for cleaning
the area used or prepay fees to cover the cost of cleaning.
D.Â
No permittee or person having control of the event shall condone
any illegal conduct.
E.Â
The burden of event security is solely upon the permittee. Any violations
of the laws of the Commonwealth of Pennsylvania, or its rules and
regulations, or of the terms and conditions of this article, or other
Borough ordinances, or the conditions of the permit granted hereunder
may be cause for immediate revocation of the permit upon notification
to the person in charge that a violation exists and failure of the
person in charge to take immediate action to correct the violation.
Upon revocation of any permit, the permittee of the event shall immediately
terminate the assembly and provide for the orderly dispersal of those
in attendance. Groups not providing proper security and supervision
for children and other participants/groups attending events may not
be considered for future facilities use.
F.Â
The Police Department will have access to the public gathering at
all times for the purpose of inspection and enforcement of the terms
and condition imposed.
G.Â
No programming shall take place between the hours of 9:00 p.m. and
7:00 a.m. unless authorized by Borough Council.
H.Â
The permit holder agrees to save and hold harmless the Borough and
agrees to assume responsibility for all liabilities arising from the
use, it being understood and agreed that the Borough assumes no obligation
respecting the use of such premises.
I.Â
All scheduled activities must be concluded and the premises vacated
by the agreed upon time when scheduled. Persistent failure to abide
by time schedule may result in loss of privileges.
J.Â
Any right or privilege granted to any person, persons, or organizations
to use any property is personal and shall not be transferable to any
other person, persons, or organizations.
K.Â
In the event of a cancellation, all approved facility use must be
cancelled prior to 48 hours after the reservation is confirmed. All
cancellations made after this deadline will result in the forfeiture
of the full application fee and any and all associated costs. Failure
to meet this cancellation time frame may additionally result in the
denial of any future requests.
L.Â
The conduct permitted or prohibited and the permissible usages of
facilities may be changed, from time to time, by resolution of Borough
Council. The Borough retains the right to deny any request to use
a facility which it deems not to be in the best interest of the Borough,
whether for reasons of security or because of the nature of the activity.
This article shall in no way be substituted for, nor eliminate
the necessity of, complying with all federal and state laws, rules
and regulations, county and Borough ordinances which are now, or may
be in the future, in effect which pertain to the conduct of special
events.
Any person who initiates, organizes, promotes, permits, conducts
or causes to be advertised a special event without obtaining the permit
provided in this article, or who knowingly conducts, permits or allows
a special event with a permit but in violation of the terms and provisions
of this article and of the permit granted, or who shall counsel, aid
or abet such violation or failure to comply shall be subject to a
fee of $300 and all Borough-related expenses to support the event.
Should applicant fail to pay said fee within 30 days, this matter
will be remanded to the District Justice, and the applicant shall
be subject to a fine of not more than $600, plus costs, and all Borough-related
expenses to support the event.
The provisions of this article shall be severable, and if any
provisions hereof shall be held to be unconstitutional, invalid or
illegal by any court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
article, It is hereby declared as legislative intent that this article
would have been enacted and such unconstitutional, invalid or illegal
provisions not been included herein.