[HISTORY: Adopted by the Board of Supervisors
of Falls Township 9-16-2014 by Ord. No. 2014-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 96, adopted 3-27-1961, as amended.
A.
ALCOHOLIC BEVERAGE
AMUSEMENT DEVICE
APPLICANT
ASSEMBLY
BLOCK PARTY
CARNIVAL
FIRST AMENDMENT ACTIVITY
LIQUOR
MALT OR BREWED BEVERAGE
PARADE
PERMITTEE
PERSON
RIGHT-OF-WAY
SPECIAL EVENT
SPECIAL EVENT PERMIT
TOWNSHIP
TOWNSHIP MANAGER
TRADE SHOW
Definitions.
As used in this chapter, the following terms shall have the meanings
indicated:
Liquor or a malt or brewed beverage.
Any device used in a race or which is stationary or attached
to, part of or drawn by a motorized device that carries or conveys
a driver, passengers or occupants along, around or over a fixed or
restricted route or course or within a defined area for the purpose
of giving its driver, passengers or occupants amusement, pleasure
or excitement.
Any person or any sponsoring organization seeking a special
event permit from the Township Manager in order to conduct or sponsor
an event governed by this chapter. This term shall include, in the
case of an organization applying for a special event permit, an individual
designated by such organization as the responsible contact person.
A gathering, meeting or rally of 25 or more people without
vehicles, which interferes with the movement of vehicular or pedestrian
traffic on any street or sidewalk or other public property.
A festive gathering of the residents on a residential street
requiring a closure of a street or a portion thereof to vehicular
traffic and use of the street for social and/or entertainment purposes.
Any itinerant enterprise consisting in whole or part of temporary
amusement devices or forms of entertainment such as shows, sideshows,
games of skill or chance, contests and other characters of like character,
including but not limited to circuses, fairs and other events of like
nature.
All expressive and associative activity that is protected
by the United States and Pennsylvania Constitutions, including speech,
press, assembly, and/or the right to petition. For purposes of this
chapter, commercial advertising that is regulated by the Falls Township
Zoning Ordinance[1] or elsewhere in the Code of the Township of Falls is excluded
from this definition.
Any alcoholic, spirituous, vinous, fermented or other alcoholic
beverage or combination of liquors and mixed liquor, a part of which
is spirituous, vinous, fermented or otherwise alcoholic, including
all drinks or drinkable liquids, preparations or mixtures and reused,
recovered or redistilled denatured alcohol, usable or taxable for
beverage purposes, which contain more than 1/2 of 1% of alcohol by
volume, except pure ethyl alcohol and malt or brewed beverages.
Any beer, lager beer, ale, porter or similar fermented malt
beverage containing 1/2 of 1% or more of alcohol by volume, by whatever
name such beverage may be called.
A march or procession or motorcade consisting of persons,
animals or vehicles, or any combination thereof, upon any public street,
sidewalk, alley or other street right-of-way in the Township, which
obstructs, delays or interferers with the normal flow of pedestrian
or vehicular traffic or does not comply with traffic laws or controls.
Any person or any sponsoring organization to whom a special
event permit is issued by the Township Manager.
Any natural person, partnership, association, firm or corporation.
A public street, alley or crosswalk, including bike and pedestrian
paths.
A parade, assembly, athletic event, street fair, art and
craft show, carnival, soap box derby, rally, trade show, race or other
special event or activity that occurs on a Township street, sidewalk,
alley or other street right-of-way and that obstructs, delays or interferes
with the normal flow of pedestrian or vehicular traffic or does not
comply with traffic laws and controls, but excluding a block party.
This definition shall also include indoor or outdoor concerts, displays,
fairs and althletic events occurring on private property and designed
to attract large crowds such that the event will interfere with normal
traffic flow. This definition shall also include any parade, assembly,
athletic event, street fair, art and craft show, carnival, soap box
derby, rally, trade show, race or other special event or activity
that is proposed to occur in or at any Township-owned park or other
Township-owned property, regardless of the proposed event's effect
on pedestrian or vehicular traffic.
Written authorization issued as required by this chapter
for the conduct or performance of a special event.
The Township of Falls, Bucks County, Pennsylvania.
The Township Manager of Falls Township, or his/her designee.
Any enterprise devoted to the exhibition of products of agriculture,
industry, education, science, building, home products, automobiles,
boats, or the like, having no amusement devices, entertainment or
amusements within the definition of carnival or race.
B.
Usage.
In this chapter, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
A.
Any person or organization seeking to conduct or sponsor a special
event in Falls Township shall first obtain a special event permit
from the Township Manager, except that a special event permit shall
not be required for the following:
(1)
Funeral processions.
(2)
Any special event sponsored by the Township, whether or not occurring
exclusively on Township property.
(3)
Any activity held solely on private property that does not require
for its successful execution the provision and coordination of Township
services to a degree equal to and/or over and above that which the
Township routinely provides.
(4)
First Amendment activity on Township streets or sidewalks (including
Township parks) that will not likely result in the obstruction of
Township streets or sidewalks nor compromise the ability of the Township
to respond to a public safety emergency.
(5)
Wedding processions.
(6)
Activities of governmental agencies.
B.
No permit shall be issued authorizing the conduct of a special event
intended to be held for the sole purpose of advertising any products,
goods, wares, merchandise, or event, or designed to be purely for
private profit.
A.
At least 45 days prior to the proposed special event, an application
for special event shall be fully completed and filed with the Township.
The Township Manager may, in his/her discretion, consider any application
for a permit to conduct or sponsor a special event not filed within
the time frame required by this section, for good cause shown. The
application shall be made in writing on a "special event permit application"
form provided by the Township Manager. The Township Manager shall
forward a copy of the application to the Chief of Police, the Director
of Public Works, the Director of Parks and Recreation, the Chief Code
Enforcement Officer and Zoning Officer, and the Township Fire Marshal,
each of whom shall provide comments, in writing, to the Township Manager.
B.
The application shall provide the following information:
(1)
The name, address and telephone number of the applicant, the sponsoring
person or organization, as well as contact information for an alternative
contact person.
(2)
The nature and/or purpose of the special event, the proposed date
and location, and the estimated starting time and ending time.
(3)
A description, where applicable, of the individual units which will
be participating in the special event and a description of any sound-amplification
equipment to be used.
(4)
The estimated number of participants or spectators.
(5)
The type and estimated number of vehicles, animals and structures
that will be used at the event and whether water aid stations or first-aid
stations will be provided.
(6)
The provisions made for sanitary facilities for persons participating
in or attending the event.
(7)
Whether food or beverage or alcoholic beverages will be sold at the
event and, if so, whether the applicant has obtained a temporary food
license from the Bucks County Department of Health. Obtaining any
and all necessary approvals from the Bucks County Department of Health
is the sole responsibility of the applicant, and failure to obtain
the requisite approvals will result in a denial of the application.
(8)
A site plan or sketch plan which shows the location of all tents,
structures, sanitary facilities, equipment and any other relevant
information.
(9)
Any supplemental information deemed by the Township Manager to be
reasonably necessary to determine whether the special event permit
shall be issued.
A.
Every applicant shall submit a fully executed indemnity agreement,
in a form satisfactory to the Township Solicitor. Such agreement shall
include an agreement that the applicant shall reimburse the Township
for any costs incurred in repairing damage to Township property occurring
in connection with the permitted event and proximately caused by the
permittee, its officers, employees or agents or any person under the
permittee's control, including but not limited to participants and
spectators of the event. Further, the permittee shall defend the Township
against, and indemnify and hold the Township harmless from, any liability
to any persons resulting from any damage or injury occurring in connection
with the permitted event proximately caused by the actions of the
permittee, its officers, employees or agents or any person under the
control of the permittee, including but not limited to participants
and spectators of the event.
B.
Every applicant shall furnish a certificate of insurance, along with
all required endorsements, naming the Township of Falls, its officers,
employees, elected officials and agents as additional insureds, contemporaneously
with the application described herein. If the applicant does not have
such insurance at the time of application, the applicant shall provide
written confirmation that the applicant possesses or will obtain public
liability insurance in the form of a comprehensive general liability
insurance policy and liquor liability coverage, if applicable, and
will furnish copies of same to the Township no less than 10 days prior
to the scheduled event. The policies described herein shall have the
following minimum limits:
(1)
$1,000,000 for each person for bodily injury; $3,000,000 for each
occurrence of bodily injury; and $250,000 for each occurrence of property
damage.
(2)
$3,000,000 for each occurrence of combined single limit bodily injury
and property damage.
(3)
If food or nonalcoholic beverages are to be sold or served at the
event, such policy shall also include an endorsement for products
liability in an amount not less than $500,000. If alcoholic beverages
are to be sold or served at the event, the policy shall also include
an endorsement for liquor liability in an amount not less than $500,000.
(4)
Upon request of the applicant, at the Township Manager's discretion,
the provisions of this section may be waived or reduced. In no event
shall the provisions of this section be waived for a large event,
parade, race, carnival, or any event wherein the sale, distribution
or consumption of alcoholic beverages is contemplated.
For any event wherein the sale, distribution or consumption
of alcoholic beverages is contemplated, the applicant shall furnish
proof that it has obtained a "caterer's license" or other required
license from the Pennsylvania Liquor Control Board and has complied
with all special conditions imposed by the Pennsylvania Liquor Control
Board. At no time shall the provisions of this chapter be construed
as a waiver or reduction of any of the conditions imposed by the Liquor
Control Board. No permit shall be issued for any event wherein the
sale, distribution or consumption of alcoholic beverages is contemplated
that will last more than five hours or which shall end later than
11:00 p.m.
A.
The
Township Manager shall issue special event permits for First Amendment
activity on a content-neutral basis to the extent required by law
and shall evaluate applications for such special events as soon as
reasonably practicable, when such First Amendment activity is intended
to respond to current events and depends for its value on a timely
response. The Township Manager shall impose only those conditions
on such permit relating to time, place and manner of the proposed
activity that are reasonably related to the Township's significant
interests and shall impose only such administrative fees as necessary
to defray the cost of evaluation and scheduling of the event.
B.
Except
for special events contemplating the sale, distribution or consumption
of alcoholic beverages, the Township Manager shall approve or disapprove
all other complete and timely applications for a special event permit,
with modifications deemed appropriate, within 15 days prior to the
scheduled date of the special event as shown on the application. All
applications for special events contemplating the sale, distribution
or consumption of alcoholic beverages shall be considered by the Board
of Supervisors at its next regularly scheduled meeting following the
submission of the application. Each permit issued hereunder shall
identify any special conditions imposed with regard to the event.
C.
Standards of issuance. The Township Manager shall issue a special
event permit upon approval of the special event application and upon
agreement by the applicant, in writing, to the terms and conditions
of the permit, provided that the Township Manager determines that:
(1)
The time, route and size of the special event requested by the applicant
will not disrupt to an unreasonable extent the movement of vehicle
traffic in or through the Township.
(2)
The time, route and size of the special event will not require the
diversion of so great a number of police officers of the Township
to properly police the parade route or event and the areas contiguous
thereto that issuance of the special event permit will disrupt to
an unreasonable extent police protection to the Township.
(3)
The special event will not interfere with another special event for
which a permit has been issued.
(4)
The applicant has complied with the requirements of this chapter,
including, without limitation, those provisions pertaining to indemnification,
insurance and the payment of applicable fees and deposits.
(5)
The applicant has not previously violated the provisions of this
section and is otherwise in good standing with the Township of Falls.
(6)
Where an application contemplates the sale, distribution or consumption
of alcoholic beverages, the Board of Supervisors has granted the application.
D.
Standards of denial. The Township Manager shall deny an application
for a special event permit and notify the applicant of such denial,
in writing, if any of the following applies:
(1)
The information contained in the application is found to be false
or incomplete in any material detail.
(2)
The applicant refuses to comply with all conditions of the permit.
(3)
A special event permit application submitted prior in time has been
approved for an event at the same time and place requested, or so
close in time and place as to cause undue traffic congestion, or approval
of both events will render the Police Department unable to meet the
needs for police services for both events.
(4)
The proposed event will unduly disrupt the safe and orderly movement
of traffic contiguous to the event site or will prevent proper police,
fire or ambulance services to areas contiguous to the event site.
(5)
The size of the event will require diversion of such police resources
in order to ensure the orderly conduct of the special event that protection
of the remainder of the Township will be compromised.
(6)
The location of the parade or other special event will substantially
interfere with construction or maintenance work scheduled to take
place on Township streets, within the Township parks or with a previously
granted permit for road work.
(7)
More than one special event is proposed for the same date and time,
and the Township is unable to accommodate the request. All applications
shall be considered on a first-come, first-served basis.
(8)
No more than one such application shall be granted for any twenty-four-hour
period wherein alcoholic beverages will be sold, distributed or consumed
on Township-owned property.
It shall be the duty of each person licensed under this chapter
to have a qualified attendant or driver operating each amusement device
at all times. Such attendant or driver shall meet all of the requirements
of the Pennsylvania and federal laws.
A.
Except as provided herein, each applicant for a permit to conduct
a special event shall pay an application processing fee, to defray
the administrative costs of the Township in making preparations for
such special event, in the amount of $50.
B.
There shall be no application fee for block parties, as that term
is defined herein.
C.
For special events at which the sale, distribution or consumption
of alcoholic beverages is not contemplated, prior to final approval
of the application for a special event permit, the applicant shall
deposit with the Township payment in an amount to be determined by
the Township to cover any costs and expenses related to the required
police presence at the event and an administrative fee of 10% of the
total permit fee.
D.
For special events at which the sale, distribution or consumption
of alcoholic beverages is contemplated, the applicant shall submit
a nonrefundable application fee of $5,000, which shall be submitted
with the application described herein. Prior to the issuance of any
permit, the applicant shall remit to the Township payment in an amount
to be determined by the Township to cover any costs and expenses related
to the required police presence at the event and an administrative
fee of 10% of the total permit fee.
E.
If a permitted special event exceeds the estimated time for the event
as stated in the application by more than 1/2 hour, the permittee
shall pay an additional fee to the Township for such excess time,
in an amount to be determined by the Township.
F.
Failure to remit the fees described herein shall result in a denial
of the permit application.
A.
Upon a denial or significant modification by the Township Manager of an application made pursuant § 96-3 of this chapter, the applicant may appeal from the determination of the Township Manager, within five days of personal delivery or mailing of such determination, to the Board of Supervisors by filing a written notice of appeal and request for a hearing. Such appeal must be submitted no less than seven days prior to a scheduled meeting of the Board of Supervisors in order to be considered at such meeting. The Board of Supervisors may affirm, reverse or modify in any regard the determination of the Township Manager. The decision of the Board of Supervisors shall be final.
B.
In the event that an application is not filed within the time required by § 96-3 of this chapter, the applicant may request a waiver of such requirement by the Board of Supervisors at is next regularly scheduled meeting, and the Board of Supervisors, in its sole discretion, may waive such requirements if it finds unusual circumstances justifying the applicant's delay and may, in its discretion, assess an additional late fee of $100 to expedite the application.
The Township Manager may cause an investigation or inspection
related to the existence of any unsanitary, hazardous or dangerous
conditions of the special event.
The Township reserves the right to change a parade route, assembly
area, disbanding area and/or location of any special event from those
proposed on the special event permit application to other routes and
areas, at any time prior to the special event, if the Township Manager
determines that the safety of the public or property requires such
changes. Notice of such action shall be delivered in writing to the
permittee by personal service or by certified mail.
Any special event permit issued pursuant to this chapter may
be summarily revoked by the Township Manager, or his/her designee,
at any time when any of the following applies:
The Township Police Department shall have the authority, when
reasonably necessary, to prohibit or restrict the parking of vehicles
along the street or portion thereof which is within the route of a
parade. The Police Department shall post signs giving notice of such
restrictions, and it shall be unlawful for any person to park or leave
unattended any vehicle in violation thereof.
No person shall discard alcoholic or other beverage containers
upon any public sidewalk, street, lane, highway, parking lot, park
or recreation area of public or private property within the Township
of Falls.
A.
Any person who violates or permits a violation of this chapter shall
be guilty of a summary offense and, upon conviction thereof in a summary
proceeding, shall be sentenced to pay a fine of not more than $1,000
for each offense plus all court costs, including reasonable attorneys'
fees, incurred by the Township of Falls in the enforcement of this
chapter. Each day a violation exists shall constitute a separate offense.
Further, the appropriate officers or agents of the Township of Falls
are hereby authorized to file a complaint for such violation and seek
any other available relief at law or equity, including injunction,
to enforce compliance with this chapter.
B.
Any person conducting or sponsoring a special event without first
providing the necessary fees and deposits as required by this chapter
shall be billed for the actual costs to the Township for police and
cleanup services. Failure to pay such costs billed by the Township
for such services within 15 days shall result in the imposition of
a ten-percent penalty and interest at the rate of 1% per month until
said costs are collected.
