[Ord. 137, 7/5/2005]
Any minor who shall violate this Part more than three times may, at the discretion of the proper Township officials, be reported to a governmental agency and/or private society or organization which takes charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason the provisions of §
6-103 of this Part cannot be made effective by the imposition of fines and penalties.
[Ord. 137, 7/5/2005]
In taking minors into custody, police officers shall use their
discretion in determining age and in doubtful cases may require positive
proof of age. Until such proof is furnished, the officer's judgment
shall prevail.
[Ord. 137, 7/5/2005]
Any person, firm or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist or for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violation of this Part shall be paid to the Township
Treasurer.
[Ord. 137, 7/5/2005]
It shall be unlawful for any sponsor, owner of property, or
person in charge of property to initiate, organize, promote, permit,
conduct, or cause to be advertised a public gathering, unless a permit
has been obtained pursuant to this Part. A separate permit shall be
required for each public gathering for the period of time designated
by the permit.
[Ord. 137, 7/5/2005]
No public gathering may be held within the boundaries of the
Township, unless the sponsor, the owner of property, and the person
in charge of property upon which the gathering will be conducted,
jointly apply for and be granted a permit as herein provided.
A. No permit shall be available for an extent of more than 48 hours
duration unless permit and application specifically allow for an extension
of that period.
B. No applicant shall be under 21 years of age.
C. No permit may be transferred or assigned.
D. In case of dispute over the number of people reasonably anticipated
to attend the public gathering, the decision of the Board of Supervisors
shall control.
[Ord. 137, 7/5/2005]
The applicants shall submit with their application a corporate bond of indemnity in a form approved by the Township Solicitor, and in compliance with the requirements of Chapter
1, Part
3, "Financial Security," to save and protect Township streets, pavements, bridges, road signs and all other township property from any and all damage that might be caused by vehicles, employees, or participants in the public gathering, and to be used, if necessary, to restore the premises where such public gathering is held to a sanitary and neat condition and pay all charges and losses to the Township for damages to the streets, pavements, bridges and all other Township property.
A. Should the permitted public gathering necessitate that the Township
deploy or employ additional personnel as a direct result of the public
gathering, such added expense shall be recoverable from the principals
and/or their indemnitor. The cash deposit or its balance will be returned
to the applicants upon final audit of the township as to what damages,
if any, occurred and what deployment and employment of personnel,
if any, was necessitated.
B. The property owner or person in charge of the property making application
shall sign as an additional indemnitor, to insure against damage to
streets, pavements, bridges, road signs, and all other township property,
to meet costs of the Township for deploying or employing personnel
directly attributable to the conduct of the public gathering, and
to insure that the property will be restored to a sanitary condition.
[Ord. 137, 7/5/2005]
All facilities, including stage, to be specially assembled,
constructed, or erected for the public gathering must be in place
at least 24 hours before the commencement of the public gathering
and be approved by the Township Code Official/Building Inspector.
[Ord. 137, 7/5/2005]
Any person, firm or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist or for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violation of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation and the
service of any required notice of violation are hereby delegated to
the Township Secretary, the Code Official/Building Inspector, the
Code Enforcement Officer, the Zoning Officer and their designees and
to any other officer or agent that the Township Secretary or the Board
of Supervisors shall deem appropriate.
[Ord. 137, 7/5/2005]
This Part shall in no way be a substitute for, nor eliminate
the necessity of, complying with any and all state laws, rules and
regulations, County and Township ordinances which are now, or may
in the future be, in effect which pertain to the conduct of public
gatherings.