[Ord. 9, 9/5/1972; as revised by Ord. 85-1, 3/5/1985]
It shall be unlawful for any person or persons, firm or firms
to be engaged or concerned in the business of theatrical exhibitions,
amusements, dances or any other form of public exhibition or amusement
within the limits of the Township of Hunlock without first having
taken out a permit as hereinafter provided in this ordinance.
[Ord. 9, 9/5/1972; as revised by Ord. 85-1, 3/5/1985]
Any person or persons, firm or firms who may desire to operate
or conduct theatrical exhibitions, amusements, dances or any other
kind of entertainment at which admission is charged, shall file application
in writing with the Township Secretary, and pay the required fee of
$10, and upon the approval of the application by the Township Supervisors
or by a committee appointed by the Township Supervisors the Township
Secretary shall issue a permit permitting the exhibition, amusement,
or dance.
[Ord. 9, 9/5/1972; as revised by Ord. 85-1, 3/5/1985]
In case of proposed gatherings for amusement or entertainment
of more than 1,000 persons without admission fee, the special permit
shall be required with a fee of $150.
[Ord. 9, 9/5/1972; as revised by Ord. 85-1, 3/5/1985]
Where an application is made for the conducting of an amusement,
temporary or seasonal in its nature, and the said permit is granted
by the Township Secretary, the said granting shall not be construed
in any way to change the zoning classification of the property involved,
which shall still remain and be of the same classification as it was
prior to the issuing of the permit.
[Ord. 9, 9/5/1972; as revised by Ord. 85-1, 3/5/1985]
The Township Supervisors shall have the right to prohibit entirely,
or regulate by resolution, the character and kind of amusement that
shall be permitted in the Township or any part thereof, the time of
opening and closing of the amusement, and shall in all respects have
complete control of the said operation, and shall prohibit the same
if they deem such amusement, dance or public exhibition to be unnecessary
or detrimental to the health, safety and welfare of the citizens of
the Township.
[Ord. 9, 9/5/1972; as revised by Ord. 85-1, 3/5/1985]
Permits may be issued for a definite or indefinite period of
time. Any permit may be revoked by the Secretary at any time upon
failure of the permittee to follow the regulations set forth by the
Township Supervisors.
[Ord. 9, 9/5/1972; as revised by Ord. 85-1, 3/5/1985; and
amended by Ord. 2-1997, 8/28/1997]
1.
Enforcement Notice.
A.
If it appears to the Township that a violation of this Part has occurred,
the Township shall initiate enforcement proceedings by sending an
enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)
The location of the violation and, if applicable, the property
in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this Part.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Board of Supervisors within a period of 10 days.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
2.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $600 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
district justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues
or each section of this Part which shall be found to have been violated
shall constitute a separate violation.
B.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
C.
District justices shall have initial jurisdiction over proceedings
brought under this section.
