[Ord. 2010-01, 3/23/2010]
As used in this Part, unless the context requires otherwise:
The Board of Supervisors of the Township of East Fallowfield,
or its authorized designee.
An agent, occupant, lessee, contract purchaser, or person
other than the owner, having possession or control of property.
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.
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. 2010-01, 3/23/2010]
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. 2010-01, 3/23/2010]
1.
No public gathering may be held within the boundaries of the Township
of East Fallowfield 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
or its designee shall control.
[Ord. 2010-01, 3/23/2010]
1.
Written application for each public gathering shall be made to the
Board of Supervisors according to the following schedule:
A.
A gathering numbering 500 to 2,000 persons, 20 days prior to the
first day upon which the public gathering is to commence.
B.
A gathering numbering 2,000 to 3,500 persons, 30 days prior to the
first day upon which the public gathering is to commence.
C.
A gathering numbering 3,500 to 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 Board of Supervisors
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, by-laws,
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 Chester, and the Township
of East Fallowfield.
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 Board of Supervisors. No part of the permit fee is refundable.
4.
The Board of Supervisors, or its designee, shall either grant or
deny the application for permit according to the following schedule:
A.
A gathering numbering 500 to 2,000 persons, five days prior to the
first day upon which the public gathering is to commence.
B.
A gathering numbering 2,000 to 3,500 persons, 10 days prior to the
first day upon which the public gathering is to commence.
C.
A gathering numbering 3,500 to 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. 2010-01, 3/23/2010]
1.
The applicants shall submit with their application financial security
in a form and amount acceptable to the Board of Supervisors, acting
upon the advice of the Township Solicitor, 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. Any cash deposit or its balance provided
as financial security 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. 2010-01, 3/23/2010]
1.
No permits shall be issued by the Board of Supervisors, 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 Board
of Supervisors.
4.
Medical Services. Written approval by the Pennsylvania Department
of Health and/or the Chester County Health Department 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 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. 2010-01, 3/23/2010]
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. 2010-01, 3/23/2010]
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 Part, or other ordinances of
Chester County or of East Fallowfield Township of the permit granted
hereunder may be cause for immediate revocation of the permit by the
Board of Supervisors 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 Board of Supervisors, its authorized designees and representatives,
and the representative of the County and Township 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 Board of Supervisors of East Fallowfield Township, 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 Township 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 Township Code Official/Building Inspector, or his duly appointed
representative, the Township Emergency Management Coordinator and/or
the Township 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 Township official authorized to
conduct the inspection in regard to conformance with this Part and
other Township ordinances, and the opinion of such Township official
in regard to the suitability of the site for the proposed use. After
such inspection, if the Township 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. 2010-01, 3/23/2010]
1.
Any person, firm or corporation who shall violate any provision of
this Part, 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 Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
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.
3.
The Township may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
[Ord. 2010-01, 3/23/2010]
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.
