[HISTORY: Adopted by the Municipal Council of the Municipality
of Monroeville as indicated in article histories. Amendments noted
where applicable.]
[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."[1]
[1]
Editor's Note: Exhibit A, Special Events Policies and Procedures,
is on file in the Municipal offices.
[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:
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.
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.
Includes:
An agricultural fair;
A petting zoo; or
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.
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.
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.
Any natural person, partnership, corporation, association,
firm, joint venture, organized group, organization or entity.
A.
It shall be unlawful for any person to hold a circus, carnival or
fair without registering such special event with the Municipality
at least 90 days in advance of the special event.
B.
For registration of the event, the sponsor or host holding or conducting
the event, including the operation of any amusement rides, shall obtain
a permit from the Municipality's Department of Building and Planning
for a fee in the amount set forth by the Municipal fee schedule.
C.
No permit, permitting a carnival, circus or fair, shall be issued
by the Municipality without the applicant having first provided to
the Municipality a written application detailing the following:
(1)
The name, mailing and street address and daytime and emergency telephone
number or numbers of the sponsor or host of the event;
(2)
The primary contact person for the special event;
(3)
The proposed dates and times when the event is to be held or conducted;
(4)
The exact location of the property to be used for the special event,
including the street address and Tax Map parcel number; the name,
address and telephone number of the record owner of the property upon
which the event will occur; the organization, society, or club, if
any, for whose benefit the event is to be held;
(5)
The nature of structure and devices to be used;
(6)
A detailed description of all activities being planned as part of
the special event;
(7)
The estimated minimum, probable and maximum participants and attendees
expected to attend the special event;
(8)
A schedule, including the duration of the event and periods when
higher levels of traffic are expected;
(9)
A site plan, including the location of structures, electrical, sanitation,
parking areas and vehicular circulation;
(10)
A cleanup plan after the conclusion of the event;
(11)
A request detailing each special service, as defined above,
to be provided by the Municipality; proof that notification of the
event has been or will be provided to the following agencies in advance
of the event: the Municipal Police, Fire Company and Municipality
Emergency Medical Services;
(12)
Copies of agreements or arrangements for payment of all special
services needed or required for the event;
(13)
Proof of insurance as required by this article;
(14)
Presentation of the performance bond required by this article;
and
(15)
All other information which may reasonably be required by the
Municipality to ensure the responsibility of the sponsor or host of
the event, and protect the health, safety and welfare of the citizens
of the Municipality.
D.
The owner of any parcel to be used for a carnival, circus or fair
shall pay a permit fee for each day, or part of a day, that the event
will occur as set forth on the Municipal Fee Schedule.
E.
The person responsible for presentation and operation of any carnival,
circus or fair shall pay a permit fee for each day that the carnival,
circus or fair is scheduled as per the Municipal fee schedule. Said
fee is the minimum cost for appropriate Municipality inspections,
permit issuance, and any other Municipality services not specifically
designated as special services for the event. Any costs for any special
services as defined here in this article shall be paid separately
in advance of the event and in accordance with any agreement or arrangement
for the payment of such special services, which include but are not
limited to man hours, hourly wages, all employee benefits associated
therewith, equipment costs, and any other costs or charges incurred
by the Municipality in providing special services for the carnival,
circus or fair. The total amount of such permit fee, including payment
of special services, shall be determined by the Municipality after
review of the application and review of the required or requested
special services.
F.
The Municipal Council, in its sole discretion, upon application,
may waive or reduce the required permit fees, where the proceeds of
the event are to be applied purely to charitable uses, or in conjunction
with an application for permit by the Municipality or Gateway School
District.
A.
Upon receipt of the permit application and completed information
at least 90 days prior to the carnival, circus or fair, the Fire Marshal,
Director of Building and Engineering and the Director of Community
Development, or his/her designees, shall review the information and
permit application with the applicant. The purpose of the review shall
be to ascertain what, if any, special services shall be necessary
or required to protect the health, welfare and safety of the expected
participants and attendees of the event, the residents of the Municipality,
neighbors and any others who may be affected by the carnival, circus
or fair.
B.
If any special services are necessary or required, the applicant
shall show proof of the payment and costs for the special services
to be provided by the Municipality.
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[1] 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.
A.
Title 7. Agriculture, Part V-D: Amusement Rides and Amusement Attractions,
Chapter 139,[1] requires that amusement rides and amusement attractions
be inspected by a qualified inspector with the Department of Agriculture
and registered with the commonwealth's agency prior to operation for
the riding public at each new amusement attraction location. As such,
the Municipality of Monroeville requires advance written permission
for any and all amusement rides and attractions and copies of current
registration and on-site inspections in accordance with the above-referenced
regulations of the Pennsylvania Department of Agriculture.
[1]
Editor's Note: See 7 Pa. Code Ch. 139.
B.
To request permission for amusement rides and/or amusement attractions,
contact the Monroeville Department of Building and Engineering at:
|
Municipality of Monroeville
Department of Building & Engineering
2700 Monroeville Boulevard
Monroeville, PA 15146
Phone: 412.856.3340
Fax: 412.856.3862
|
A.
At a minimum, the following sanitation standards are required by
Senate Bill No. 1325 to minimize the risk of contracting a zoonotic
disease (transmissible from an animal to a human being) at an animal
exhibition:
(1)
An operator shall promote public awareness of the risk of contracting
disease and the measures necessary to minimize that risk.
(2)
An adequate hand-cleansing facility for adults and children shall
be conveniently located on the animal exhibition grounds.
(3)
A person may not bring an animal to an animal exhibition unless the
person has an established veterinarian-client-patient relationship.
B.
Additionally, the Municipality of Monroeville follows the Pennsylvania
Department of Agriculture's "Pennsylvania Fair Animal Health Requirements,"
which may include, depending on the type of animal, requirements such
as:
(1)
A certificate of veterinary inspection ("CVI") issued within the
30 days prior to the opening date of the exhibition.
(2)
All animals must be free of infectious and contagious diseases, and
a statement of this is required on the CVI (if a CVI is required).
(3)
An animal owner or caretaker's verification of veterinarian-client-patient
relationship form must accompany each animal, and must be presented
upon arrival at the exhibition.
(4)
Individual official animal identification (identification form varies
with type of animal).
(5)
A current rabies vaccination administered by a licensed veterinarian.
C.
The Municipality of Monroeville requires advance written permission
for any and all types of animal exhibitions and copies of all required
documents in accordance with the above-referenced regulations of the
Pennsylvania Department of Agriculture.
D.
To request permission for animal exhibitions, contact the Monroeville
Department of Building and Engineering at:
|
Municipality of Monroeville
Department of Building & Engineering
2700 Monroeville Boulevard
Monroeville, PA 15146
Phone: 412.856.3340
Fax: 412.856.3862
|
A.
The director of community development shall refuse to grant a permit
for any carnival, circus, or fair where the applicant fails to present
an official inspection affidavit prepared by a qualified inspector
in accordance with the Amusement Inspection Act (4 P.S. § 407)
and the Regulations of the Amusement Ride Safety Board (7 Pa. Code
§ 139.1 et seq.). The Director of Building and Engineering
and Fire Marshal shall likewise refuse to grant permits in any case
where appropriate fees have not been paid, in full, prior to commencement
of any carnival, circus or fair, nor shall any permit be issued where
the required insurance or performance bond is not presented, or any
other requirement of the ordinance or statute is violated.
B.
If any permit shall be denied, an appeal from such denial may be
made by the applicant to the Council within 10 days of rejection thereof,
and the Municipal Council shall within 30 days of receipt of the appeal,
hold a hearing relating to the application, and may order that the
permit be denied, issued or issued in specific terms, as the Council,
in its judgment, deems appropriate.
A.
Any person permitted to conduct a carnival, circus or fair shall
comply in full with all ordinances of the Municipality and statutes
of the Commonwealth of Pennsylvania; take all necessary action required
to prevent the use of loud or noisy devices or activities or the occurrence
of any disorderly conduct by patrons, attendees or employees of the
permittee, sponsor or host.
B.
Any person permitted to conduct a carnival, circus or fair shall
not engage in any illegal activities or engage in any conduct which
violates any ordinance, statute, law or enactment of the Municipality
of Monroeville or the Commonwealth of Pennsylvania.
C.
Participants in any carnival, circus or fair shall not engage in
any loud, boisterous conduct or allow loud noise, talk or music to
a degree that causes annoyance to the residents of the Municipality
as set forth in the Municipality's ordinance regulating noise.[1]
D.
Any and all temporary lighting for such carnival, circus or fair
shall be directed away from the abutting streets and properties using
shielding devices to prevent unreasonable glow beyond property lines.
E.
Any permittee, sponsor or host of a carnival, circus or fair shall
be obligated to comply with the Emergency Medical Services Act, Act
of 1985, July 3, P.L. 164, as amended (35 P.S. § 6921 et
seq.)[2] and the regulations of the Pennsylvania Department of
Health, 28 Pa. Code § 1013.1 et seq. as they are now or
may hereafter be amended.[3]
F.
The individual or organization sponsoring or conducting the carnival,
circus or fair shall be responsible to the Municipality for damage
caused to Municipal property by the participants, attendees and employees
of the event.
G.
Failure of any permittee, sponsor or host to comply with the requirements
of this section shall be grounds for immediate revocation of the permit
previously issued.
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.[1]
[1]
Editor's Note: See 4 P.S. § 401 et seq.
A.
The applicant for any carnival, circus or fair permit shall post
with the Municipality a performance bond with a surety company acceptable
to the Municipality in the amount of $10,000. The condition of such
bond shall be that the applicant shall at all times follow and comply
with all Municipal ordinances and regulations, pay all required fees
and comply with all Municipal requirements. Such bond shall be subject
to forfeiture in the event that there is not compliance with all Municipal
requirements, and shall be held by the Municipality for payment of
any unanticipated or excessive costs incurred by the Municipality
not paid at the time of application.
B.
The Municipal Council, in its discretion, upon application, may waive
or reduce the performance bond otherwise required by this section
provided that the applicant of a waiver request posts a performance
bond with a surety company acceptable to the Municipality in the amount
of $2,500 and confirms, in writing, of compliance, at all times, with
all Municipal ordinances and regulations. The written confirmation
from the applicant shall further confirm, in writing, that any additional
fees, or any unanticipated fees or excessive costs shall be paid in
full within five days of notice of the Municipality for the event
not otherwise paid at the time of application.
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,[1] 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.
[1]
Editor's Note: See 4 P.S. § 410.
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.
