[Ord. 2-2004, 8/26/2004, § I]
This Part shall be known as and cited as the "Hunlock Township
Public Gathering Ordinance."
[Ord. 2-2004, 8/26/2004, § II]
As used in this Part unless the context requires otherwise:
The record owner of title to real estate, including improvements,
in Hunlock Township.
An agent and his principal, occupant, lessee, contract purchaser
or person other than the owner, having possession or control of property
in Hunlock Township.
All assemblies of people gathered for purposes of public
entertainment, amusement or recreation, reasonably anticipated to
number more than 200 for a continuous period of two 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. 2-2004, 8/26/2004, § III]
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. 2-2004, 8/26/2004, § IV]
1.
No public gathering may be held within the boundaries of Hunlock
Township, Luzerne County, Pennsylvania 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 are granted a permit as herein
provided:
A.
No permit shall be granted for a public gathering of more than 48
hours duration unless the application specifically requests, and the
permit specifically allows 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
of Hunlock Township shall control based on all facts available and
brought to its attention by whatever source.
[Ord. 2-2004, 8/26/2004, § V]
1.
Written application for each public gathering shall be made to the
Board of Supervisors of Hunlock Township according to the following
schedule:
A.
For gatherings numbering 200 to 2,000 persons, written application
must be made 30 days prior to the first day upon which public announcement,
promotion or advertising is to be made or the day upon which the public
gathering is to commence, whichever occurs first.
B.
For gatherings numbering 2,000 or more persons, written application
must be made 60 days prior to the first day upon which public announcement,
promotion or advertising is to be made or the day upon which the public
gathering is to commence, whichever occurs first.
2.
Applications shall be made on forms specified by the Board of Supervisors
of Hunlock Township and shall contain at least the following information:
A.
The full legal names, addresses and telephone numbers 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 partners and parties to the joint venture thereto shall sign as
applicants. If the sponsor-applicant is a corporation, copies of the
Articles of Incorporation, and corporate resolution authorizing the
application shall 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 for which the public gather
is to be conducted.
F.
A diagrammatic plan of the proposed site of the mass gathering showing
the locations and dimensions of the area where the programmed entertainment,
amusement or recreation is to be conducted, areas for spectators or
persons attending the event, all structures existing and to be constructed,
proposed parking area and service roads, potable water facilities,
sanitary facilities, sewage disposal facilities, medical service facilities,
facilities for and distribution of security personnel, and facilities
for food and beverage storage, preparation and service, 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, ordinances 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 event.
I.
A statement regarding the first day upon which public announcement,
promotion or advertising is to be made.
J.
Specific information and details relating to the following:
(1)
Food and drink facilities and providers thereof.
(2)
Sanitary and waste disposal facilities and providers thereof.
(3)
Transportation and parking facilities.
(4)
Security and protection of surrounding areas, including specific
reference to the number of security personnel assisting in the control
of traffic and supervision of those attending, and providers thereof.
(5)
On site medical facilities and providers thereof.
(6)
Janitorial services and post-gathering trash removal and site
restoration and providers thereof.
(7)
Lighting and other utility services.
K.
Certificates of Insurance issued by an insurance company licensed
to do business in Pennsylvania, evidencing Comprehensive General Liability,
or Special Event Public Liability, in an amount of at least $5,000,000
for personal injury and $500,000 for property damage, which policies
shall name the Township as additional named insured.
L.
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 2,000 persons.
M.
Examples of proposed advertising of the event, if any.
N.
Applicants' statement that they shall abide by the terms and
provisions of this Part, and all laws, rules and regulations of the
United States, Commonwealth of Pennsylvania, County of Luzerne and
Township of Hunlock.
3.
Each application shall be accompanied with a cash fee to cover the
cost of inspection, investigation, issuance and administration of
the permit in the following amounts:
|
Persons Reasonably Anticipated
|
Fee
| |
|---|---|---|
|
200 to 500
|
$500
| |
|
501 to 2,000
|
$750
| |
|
2,001 to 3,500
|
$1,250
| |
|
3,501 to 5,000
|
$1,750
| |
|
5,001 to 10,000
|
$2,500
| |
|
Over 10,000
|
$5,000
|
|
No part of the permit fee is refundable.
|
4.
The Board of Supervisors, or their agent, shall either grant or deny
the application for permit according to the following schedule:
A.
For gatherings numbering 200 to 2,000 persons, 10 days prior to the
first day upon which public announcement, promotion or advertising
is to be made or the day upon which the public gathering is to commence,
whichever occurs first.
B.
For gatherings numbering 2,000 or more, 20 days prior to the first
day upon which public announcement, promotion or advertising is to
be made or the day upon which the public gathering is to commence,
whichever occurs first.
[Ord. 2-2004, 8/26/2004, § VI]
1.
As an additional condition to the issuance of a permit for a public
gathering as defined herein, the Township may require, at its discretion
after consideration of the application submitted, that the applicant
submit a bond, with licensed commercial surety, letter of credit or
cash as a security deposit in an amount to be determined in accord
with the schedule set forth below and in a form approved by the Township
Solicitors to save and protect and indemnify the Township from any
loss or expense sustained as a result of (i) loss and damage to Township
streets, pavements, bridges, road signs and all other Township property
caused by persons sponsoring, working at, or attending and participating
in the public gathering and any vehicles or other instrumentalities
in their control and (ii) failure of the persons to whom a permit
was issued to perform their obligations under the permit granted by
the Township including, but not limited to, such things as restoring
the premises where the public gathering was held to a sanitary condition,
or providing necessary security or traffic control.
2.
The corporate bond of indemnity or cash deposit shall be in the following
amounts.
|
Persons Reasonably Anticipated
|
Cash Deposit or Bond Amount
| |
|---|---|---|
|
200 to 500
|
$2,500
| |
|
501 to 2,000
|
$5,000
| |
|
2,001 to 3,500
|
$10,000
| |
|
3,501 to 5,000
|
$25,000
| |
|
5,001 to 10,000
|
$50,000
| |
|
Over 10,000
|
$125,000
|
[Ord. 2-2004, 8/26/2004, § VII]
1.
Any permit issued by the Board of Supervisors of Hunlock Township,
or its duly appointed agent, shall be expressly conditioned upon satisfaction
and completion of the conditions recited in this section, according
to the following schedule:
A.
A gathering numbering 200 to 5,000 persons, five days prior to the
first day upon which the public gathering is to commence.
B.
A gathering numbering over 5,000 persons, 10 days prior to the first
day upon which the public gathering is to commence.
C.
Failure to satisfy the following conditions within the time frame
set forth above shall constitute grounds for the immediate revocation
of the permit by the Township and the cancellation of the public gathering.
(1)
Sanitary Facilities. Written approval of the Pennsylvania Department
of Environmental Resources or other responsible governmental agency,
indicating that applicants' plan for swimming, potable water
supply, sanitary toilet facilities, sewage disposal facilities, washing
facilities, and food preparation and service facilities conform with
applicable laws, ordinances, rules and regulations relating to the
public health.
(2)
Public Safety.
(a)
Security. Applicants must demonstrate that a plan, and means
to implement the plan, exists to provide for adequate traffic control
and crowd control, which plan must include one security person for
every 50 motor vehicles reasonably anticipated to be at the location
and one security person for each 150 persons reasonably anticipated
to be in attendance. Identification of the security personnel, or
company or persons supplying this service must be provided.
(b)
Enclosures. Applicants must demonstrate that a plan, and means
to implement the plan, exists to have the location where the public
gathering is to be held enclosed with snow fencing or other similar
material of equivalent strength of not less than four feet in height,
if admission is charged and attendance is reasonably expected to exceed
2,000 persons.
(c)
Medical Services. Applicants must demonstrate that a plan, and
a means to implement the plan, exists to provide sufficient medical
services to the public gathering. 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. Identification
of the company or person supplying this service must be provided.
(d)
Parking Facilities. Applicants must demonstrate that a plan,
and a means to implement the plan, exists to provide adequate parking
facilities appropriate to the anticipated number of persons in attendance.
There must be adequate parking facilities to accommodate one vehicle
for very four persons reasonably anticipated to be in attendance.
There must also be provided adequate ingress and egress to and from
parking areas to facilitate the movement of any vehicle at any time
to or from the parking area and to permit access by emergency vehicles.
(3)
Structures. All facilities, including structures, stages, lighting
facilities, sanitary facilities and other utilities to be specially
assembled, constructed, installed or erected for the public gathering
must be in place and be approved by appropriate state and federal
regulatory agencies, if its regulations apply, and by the Township
or its duly appointed agent.
[Ord. 2-2004, 8/26/2004, § VIII]
1.
The public gathering permittees must maintain the sanitary and sewage
facilities, parking facilities, security and traffic control personnel
and medical service facilities, and other facilities and utilities
provided in accordance with the plans submitted and approved, and
in a safe and healthful manner.
2.
No permittee, or persons having control of the public gathering,
shall condone any illegal conduct on the premises including, but not
limited to, disorderly conduct or illegal possession, sale or use
of intoxicating beverages or drugs.
3.
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
Luzerne County or of Hunlock Township, or of the conditions of the
permit granted hereunder may be cause for immediate revocation of
the permit by the Board of Supervisors of Hunlock Township or by the
Pennsylvania Department of Environmental Resources or by the Pennsylvania
State Police, 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.
4.
The Board of Supervisors of Hunlock Township, its authorized agents
and representatives, 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.
5.
No programmed entertainment, amusement or recreation or use of sound
amplification equipment shall be provided or permitted between the
hours of 11:00 p.m. and 10:00 a.m. and shall be operated in a location
which is less than 500 feet from any school, church or place of institution
of human habitation, or public road.
6.
Any applicant with more than 10% proprietary interest 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 or Township laws, ordinances, rules or
regulations.
7.
Public gatherings operating without a permit under this Part based
on a reasonable anticipation of less than 200 persons in attendance
shall limit attendance therein to 199 persons, and printed tickets,
if utilized, cannot number more than 199.
8.
At the conclusion of the program, the permittees shall terminate
the assembly or gathering and shall supervise the orderly disposal
of those in attendance. No one shall be permitted to remain overnight
on the licensed premises, except permanent residents, unless overnight
camping or other facilities were approved by the Township pursuant
to the application process and this Part.
[Ord. 2-2004, 8/26/2004, § IX]
This Part shall in no way be a substitute for, nor eliminate
the necessity of, complying with any and all federal and state laws,
rules and regulations, county and Township ordinances which are now,
or may be in the future, in effect which pertain to the conduct of
public gatherings.
[Ord. 2-2004, 8/26/2004, § X]
Any person who initiates, organizes, promotes, permits, conducts
or causes to be advertised a public gathering without obtaining the
permit provided in this Part, or who knowingly conducts, permits or
allows a public gathering with a permit but in violation of the terms
and provisions of this Part and of the permit granted, or who shall
counsel, aid or abet such violation or failure to comply, upon conviction
thereof by any district justice, shall be subject to a fine of not
more than $1,000, together with costs and damages incurred as a result
of the violation and enforcement of this Part. In default of the payment
of any fine, the defendant shall be sentenced to jail for a period
not exceeding 30 days. In addition the violator shall be liable civilly
for any losses or damages to person or property.
[Ord. 4-2004, 8/26/2004, § I]
1.
A person who knowingly or intentionally, in a public place:
2.
"Nudity" means the showing of the human male or female genital, pubic
area or buttocks with less than a fully opaque covering; the showing
of the female breast with less than a fully opaque covering of any
part of the nipple; the exposure of any device, costume or covering
which gives the appearance of or simulates the genitals, pubic hair,
natal cleft, perineum anal region or pubic hair region; or the exposure
of any device worn as a cover over the nipples and/or areola of the
female breast, which device simulates and gives the realistic appearance
of nipples and/or areola.
3.
"Public Place" includes all outdoor places owned by or open to the
general public, and all buildings and enclosed places owned by or
open to the general public, including such places or entertainment,
taverns, restaurants, clubs, theaters, dance halls, banquet halls,
party rooms or halls, and picnic groves and grounds opened to the
general public or limited to specific members, restricted to adults
or to patrons invited to attend, whether or not an admission charge
is levied.
5.
In addition to the specific penalties provided in this Part, it is
hereby declared that any building, portion of a building or enclosed
place regularly used for the prohibited display or public nudity is
a public nuisance, subjecting the owner, proprietor or other operator
thereof to any and all actions authorized by the Commonwealth of Pennsylvania
for the abatement of public nuisances, including, but not limited
to the procedures set forth in statutes and ordinances governing public
nuisances.
6.
Construction and Severability. It is the intention of the Township
of Hunlock that the provisions of this Part be construed, enforced
and interpreted in such a manner as will cause the least possible
infringement of the constitutional rights of free speech, free expression,
due process, equal protection or other fundamental rights consistent
with the purposes of this Part. Should a court of competent jurisdiction
determine that any part of this Part, or any application or enforcement
of it is excessively restrictive of such rights or liberties, then
such portion of the ordinance, or specific application of the ordinance,
shall be severed from the remainder, which shall continue in full
force and effect.
7.
Penalty. Whoever violates this Part, either by commission of a public
indecency, or by the promotion or maintenance of public indecency
as property owner, proprietor or manager of a business, shall be guilty
of a summary offense, and, upon conviction, shall be sentenced to
pay a fine of not more than $1,000, or be imprisoned for not more
than 90 days, or both. Each day such violation continues is a separate
offense.
