[Adopted 2-12-2008 by Ord. No. 2413]
The Municipality of Monroeville herby adopts a Special Events
Policies and Procedures Regulation. A copy of said Special Events
Policies and Procedures is attached hereto, made a part hereof and
marked "Exhibit A."
[Adopted 4-14-2009 by Ord. No. 2454]
This article shall be known as the "Municipality of Monroeville
Amusements and Special Events Ordinance."
The purpose of this article is to provide for the health, welfare
and safety of residents and visitors to the Municipality by regulating
special events and amusements, such as carnivals, circuses, and fairs,
which require or need special services provided by the Municipality,
such as police, traffic control, special parking requirements, ambulance,
fire or other emergency services, or other special services, to regulate
the registration of such special events, and to further provide for
the health, safety and welfare of the residents of the Municipality,
neighbors or other persons affected by the special events.
The Council for the Municipality finds and declares as follows:
A. There are many locations and occasions for the holding of carnivals,
circuses and fairs within the Municipality which may draw large numbers
of people to attend.
B. Such events often require or need certain services provided by the
Municipality, such as traffic control, police protection, special
parking regulations, ambulance, fire safety, closing of streets to
public traffic, and other Municipal, quasi-Municipal or other emergency
or special services to protect the health, safety and welfare of participants
and residents of the Municipality, neighbors or other persons who
may be affected by such event.
C. It is necessary that the Municipality be made aware in advance of
such events so that such special services can be provided, and so
that the appropriate Municipal, police, fire, ambulance and other
services are aware of such events to provide the services needed.
D. The required or necessary services provided by the Municipality for
such events entail costs which should be borne by the sponsors or
hosts of such events.
E. That it is deemed expedient and necessary for the proper management,
care and control of the Municipality and its finances and maintenance
of peace, good government and welfare of the Municipality and its
residents to require all sponsors or hosts to register such events,
to arrange in advance for all necessary special services, to provide
for the payment of all costs or expenses incurred by the Municipality
for the delivery of such special service, and to provide the necessary
insurance performance bond to protect the Municipality, its residents
and other persons who may be affected by such events.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
AMUSEMENT ATTRACTION
Any building or structure around, over or through which people
may move or walk, without the aid of any moving device integral to
the building or structure that provides amusement, pleasure, thrills
or excitement.
AMUSEMENT RIDE
Any as any device that carries, suspends or conveys passengers
along, around or over a fixed or restricted route or course or within
a defined area for the purpose of giving its passengers amusement,
pleasure, thrills or excitement.
ANIMAL EXHIBITION
Includes:
C.
An event where animals are displayed on animal exhibition grounds
for view and physical contact with humans, if the operator (including
a person who contracts with another to conduct an animal exhibition)
advertises, charges an admission fee, or a retail food establishment
is on the grounds.
CARNIVALS or CIRCUS or FAIR
An enterprise consisting in whole or part of temporary amusement
rides, or forms of entertainment and amusement such as shows, clowns,
feats of daring, sideshows, funhouses, festivals, petting zoo, games
of skill or chance, and other activities of like character.
HOST
The owner or owners of any property, or persons responsible
for the real estate upon which the special event is held or planned
to be held.
PERSON
Any natural person, partnership, corporation, association,
firm, joint venture, organized group, organization or entity.
Upon submission of an application for permit to hold or conduct a carnival, circus or fair in accordance with this article, the Fire Marshal and Director of Community Development shall coordinate all inspections at the property to ensure compliance with the Municipality's codes and ordinances. Such inspections shall include, but are not limited to, inspections to ensure compliance with Chapter
290, Property Maintenance, of the Code of the Municipality of Monroeville; Chapter
359, Zoning, of the Code of the Municipality of Monroeville; the Municipality's fire code and all other applicable codes and ordinances. Said inspections
shall also include all reviews by the Municipality to ensure appropriate,
safe and adequate parking facilities for all attendees, participants
and employees of the carnival, circus or fair.
For those special events which are designated as carnivals,
circuses or fairs as defined herein, or those events which provide
or permit amusement rides, pony rides, or any other attraction as
an amusement ride as defined herein – as a condition of receipt
of any permit, supply the Municipality with a valid, prepaid policy
or bodily injury and property liability insurance, insuring the permittee,
sponsor or host and the Municipality, for all manner of bodily injury,
death or like occurrences and property damage liability in an aggregate
amount of $5,000,000, in addition to any insurance that may be required
by the Pennsylvania Amusement Ride Inspection Act.
The applicant for permit, as a condition precedent to acceptance
of the permit, shall indemnify and save harmless the Municipality,
its officials, employees, and agents, from any claim for damages resulting
from the operation of any special event for which a permit has been
issued.
Any applicant for a permit shall supply the Municipality with
copies of any notice of violation served upon the applicant by the
Commonwealth of Pennsylvania pursuant to Section 410 of the Amusement
Ride Inspection Act, whether received prior to commencement of such event in
the Municipality, or during the scheduling of an event within the
Municipality. Receipt of any violations notice from the Commonwealth
of Pennsylvania, while a carnival, circus or fair is occurring in
the Municipality, shall be immediate grounds for termination of the
event, and revocation of any and all permits.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 a day for every day that the violation exists, and in default
of payment, to imprisonment for a term not to exceed 30 days. Every
day that a violation of this article continues shall constitute a
separate offense.