[Ord. 995, 12/10/2003]
As used in this Part, unless the context requires otherwise:
BOROUGH COUNCIL
The Council of the Borough of Aspinwall, or its authorized designee.
PERSON IN CHARGE OF PROPERTY
An agent, occupant, lessee, contract purchaser or person other than the owner, having possession or control of property.
PUBLIC GATHERING
All assemblies of people for the purpose of public amusement reasonably anticipated to number more than 500 for a continuous period of four hours or more, more than 10% of whom will assemble outdoors or in structures specially constructed, erected or assembled for the gathering, whether or not an admission fee is charged.
SPONSOR
Any natural person, association, partnership firm, corporation, joint venture, or any other legal entity whatsoever, who initiates, organizes, promotes, permits, conducts or causes to be advertised a public gathering.
[Ord. 995, 12/10/2003]
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. 995, 12/10/2003]
1. 
No public gathering may be held within the boundaries of the Borough of Aspinwall 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 Borough Manager shall control.
[Ord. 995, 12/10/2003]
1. 
Written application for each public gathering shall be made to the Borough Council according to the following schedule:
A. 
A gathering numbering 500 - 2,000 persons, 20 days prior to the first day upon which the public gathering is to commence.
B. 
A gathering numbering 2,000 - 3,500 persons, 30 days prior to the first day upon which the public gathering is to commence.
C. 
A gathering numbering 3,500 - 5,000 persons, 45 days prior to the first day upon which the public gathering is to commence.
D. 
A gathering numbering over 5,000 persons, 60 days prior to the first day upon which the public gathering is to commence.
2. 
Application shall be made on forms specified by the Borough Council and shall contain at least the following information:
A. 
The full legal name, address and telephone number of all sponsors.
B. 
The full legal name and address of the owner and person in charge of the property to be utilized for the public gathering.
C. 
If the sponsor-applicant is a partnership or joint venture, then all parties thereto shall sign as applicants. If the sponsor-applicant is a corporation, copies of the articles of incorporation, bylaws and resolution authorizing the application may be required.
D. 
The location and address of the property to be utilized for the public gathering.
E. 
The program for the public gathering, or if no program is prepared, a narrative statement as to the purpose, date or dates for or during which the public gathering is to be conducted.
F. 
A diagrammatic sketch plan of the proposed site of the mass gathering showing the locations and dimensions of the proposed service roads, portable water facilities, sanitary facilities, sewage disposal facilities, medical service facilities, distribution of security personnel, and provisions for food storage, as well as camping facilities and projected plans for enclosure, if necessary, of the proposed site.
G. 
Evidence that all permits and licenses as required by state and county statutes and rules and regulations enacted thereunder have been obtained, or will be obtained.
H. 
A statement of the number of persons expected to attend such event and the duration of such attendance.
I. 
The specific details relating to:
(1) 
Food and drink.
(2) 
Sanitary facilities.
(3) 
Transportation and parking facilities.
(4) 
Security and protection of surrounding areas, including specific reference to the number of marshals assisting in the control of traffic and supervision of those attending.
(5) 
On-site medical facilities and hospital care.
(6) 
Janitorial services and post gathering trash removal.
J. 
A certified copy of the bond or verified evidence of other suitable financial arrangements, as hereinafter required, must be attached to the application.
K. 
A statement containing the names and addresses of licensed ticket printers to be used and the plans for assuring the return of monies upon the termination or cancellation of the event as well as the means of notifying potential and existing ticket holders of such cancellation, where the anticipated number of people attending is over 5,000 persons.
L. 
Examples of proposed advertising of the event, if any.
M. 
Applicants' statement that they shall abide by the terms and provisions of this Part, and all laws, rules and regulations of the Commonwealth of Pennsylvania, County of Allegheny and the Borough of Aspinwall.
3. 
Each application shall be accompanied with a cash fee to cover the cost of inspection, investigation, issuance, and administration of the permit in an amount as established from time to time by resolution of the Borough Council. No part of the permit fee is refundable.
4. 
The Borough Council, or its designee, shall either grant or deny the application for permit according to the following schedule:
A. 
A gathering numbering 500 - 2,000 persons, five days prior to the first day upon which the public gathering is to commence.
B. 
A gathering numbering 2,000 - 3,500 persons, 10 days prior to the first day upon which the public gathering is to commence.
C. 
A gathering numbering 3,500 - 5,000 persons, 15 days prior to the first day upon which the public gathering is to commence.
D. 
A gathering numbering over 5,000 persons, 20 days prior to the first day upon which the public gathering is to commence.
[Ord. 995, 12/10/2003]
1. 
The applicants shall submit with their application financial security in a form and amount acceptable to the Borough Solicitor and in compliance with the requirements of Chapter 1, Part 7, "Financial Security," to save and protect Borough streets, pavements, bridges, road signs and all other Borough 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 Borough for damages to the streets, pavements, bridges and all other Borough property.
A. 
Should the permitted public gathering necessitate that the Borough 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. Any cash deposit or its balance provided as financial security will be returned to the applicants upon final audit of the Borough 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 Borough property, to meet costs of the Borough 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. 995, 12/10/2003]
1. 
No permits shall be issued by the Borough Council, or its designee, unless all of the conditions recited herein have been satisfactorily concluded according to the following schedule:
A. 
A gathering numbering 1,000 to 2,000 persons, six days prior to the first day upon which the public gathering is to commence.
B. 
A gathering numbering 2,000 to 3,500 persons, 11 days prior to the first day upon which the public gathering is to commence.
C. 
A gathering numbering 3,500 to 5,000 persons, 16 days prior to the first day upon which the public gathering is to commence.
D. 
A gathering numbering over 5,000 persons, 21 days prior to the first day upon which the public gathering is to commence.
2. 
Sanitary Facilities. Written approval of the Pennsylvania Department of Health and the Pennsylvania Department of Environmental Protection, indicating that applicant's plan for water supply, toilet facilities, washing facilities, and food preparation and service, if applicable, the type of food preparation and food facilities to be provided, conform with applicable state and county laws, rules and regulations relating to the public health.
3. 
Public Safety. Written statement of the Pennsylvania State Police indicating that plans have been made to meet the following conditions:
A. 
Applicants have provided for adequate traffic control and crowd control personnel, i.e., one marshal for every 50 motor vehicles reasonably anticipated to be at the location and one marshal for each 150 persons reasonably anticipated to be in attendance.
B. 
Applicants have completely enclosed the ground where the public gathering is to be held with snow fencing or other similar material of equivalent strength of not less than four feet in height.
C. 
Adequate lighting must be provided subject to approval of the Borough Council.
4. 
Medical Services. Written approval by the Pennsylvania Department of Health and the Allegheny County Medical Society that sufficient medical service has been provided by the applicant. Each public gathering shall have as a minimum one ambulance staffed by two adult individuals trained in the first-aid techniques in attendance at all times.
5. 
Parking Facilities. Proof that parking is available within or adjacent to the premises upon which the public gathering is to be conducted as herein provided:
A. 
Such parking facilities shall provide parking space for one vehicle for every four persons reasonably anticipated to be in attendance at the public gathering.
B. 
Adequate ingress and egress shall be provided from such parking area to facilitate the movement of any vehicle at any time to or from the parking area; provided, however, that should buses be used to transport the public to the public gathering, it shall be shown that public parking, as described above, is available at any site from which buses are scheduled to pick up persons to transport them to the public gathering.
[Ord. 995, 12/10/2003]
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 Code Official/Building Inspector.
[Ord. 995, 12/10/2003]
1. 
No permittee, or persons having control of the public gathering shall condone the presence of intoxicating liquor or the consumption of intoxicating liquor on the property and no person during the public gathering shall take or carry onto the property, or drink thereon, intoxicating liquor, except as licensed or permitted by state law.
2. 
The burden of preserving order during the public gathering is upon the permittees of the public gathering. Any violations of the laws of the Commonwealth of Pennsylvania, or its rules and regulations, or of the terms and conditions of this ordinance, or other ordinances of Allegheny County or of Aspinwall Borough of the permit granted hereunder may be cause for immediate revocation of the permit by the Borough Council upon notification to the person in charge that a violation exists and the failure of the person in charge to take immediate action to correct the violation. Upon revocation of any permit, the permittees of the public gathering shall immediately terminate the assembly and provide for the orderly dispersal of those in attendance.
3. 
The Borough Council, its authorized designees and representatives, and the representative of the county and Borough departments having responsibility for approval under this Part shall be granted access to the public gathering at all times for the purpose of inspection and enforcement of the terms and conditions imposed herein.
4. 
No musical entertainment, either live or recorded, utilizing sound amplification equipment, shall be operated in a location which is less than 500 feet from any school house, church, dwelling unit, or any other place of permanent human habitation, and there will be no programmed entertainment provided between the hours of 11:00 p.m. and 10:00 a.m.
5. 
If at any time during the conduct of the public gathering the number of persons in attendance exceeds by 10% the number of persons represented by the applicants for the permit anticipated to be in attendance, the Borough Council of Aspinwall Borough, the Pennsylvania Department of Health, the Pennsylvania Department of Environmental Protection, or the Pennsylvania State Police have the authority to require the applicants to limit further admissions until all conditions and provisions recited herein are met.
6. 
Any applicant with more than a 10% proprietary interest, if any, in the public gathering, and the owner of property or person in charge of the property, or their designated agents or representatives, shall be required to be in attendance at the public gathering and shall be responsible for insuring that no person shall be allowed to remain on the premises who is violating any state, county or Borough laws, rules or regulations or any provision of this Part.
7. 
Public gatherings operating without a permit under this Part based on a reasonable anticipation of less than 500 persons in attendance, shall limit attendance therein to 499 persons, and printed tickets, if utilized, cannot number more than 499.
8. 
The permit under this Part shall be conditioned upon an inspection by the Borough Code Official/Building Inspector, or his duly appointed representative, the Borough Emergency Management Coordinator and/or the Borough Fire Marshall to determine the suitability of the site and facilities thereon for the proposed use. In the event of such inspection, a record shall be made indicating the time and date of the inspection, the findings of the Borough official authorized to conduct the inspection in regard to conformance with this Part and other Borough ordinances, and the opinion of such Borough official in regard to the suitability of the site for the proposed use. After such inspection, if the Borough official determines that the site and any facilities thereon are unsuitable for the particular use, such determination shall be grounds for the revocation of the permit.
[Ord. 995, 12/10/2003]
1. 
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses.
2. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Part found to have been violated. All fines and penalties for the violation of this Part shall be paid to the Borough Treasurer.
3. 
The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin, or abate violations of this Part.
[Ord. 995, 12/10/2003]
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 Borough ordinances which are now, or may in the future be, in effect which pertain to the conduct of public gatherings.