[Ord. 73-5-6, 5/23/1973, § 1]
As used in this Part, unless the context requires otherwise:
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 who will assemble outdoors
or in structures special 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. 73-5-6, 5/23/1973, § 2]
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. 73-5-6, 5/23/1973, § 3]
1. No public gathering may be held within the boundaries of New Britain
Township, Bucks 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 be granted a permit as herein
provided:
A. No permit shall be available for an extent of more than 48 hours
duration unless application and permit 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
of New Britain Township shall control.
[Ord. 73-5-6, 5/23/1973, § 4; as amended by Ord.
2007-02-01, 2/12/2007]
1. Written application for each public gathering shall be made to the
Board of Supervisors of New Britain Township 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 Board of Supervisors
of New Britain Township and shall contain at least the following information:
A. The full legal name, address 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 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 for 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 hereunder 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:
(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. Examples of proposed advertising of the event, if any.
L. 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 Bucks and Township of New
Britain.
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 to be established, from time to time, by resolution
of the Board of Supervisors. No part of the permit fee is refundable.
4. Upon receipt of the application satisfactorily completed, as well
as the receipt of the application fee, cash or bond requirement, and
all other requirements of this Part, the Supervisors of New Britain
Township shall issue the permit requested; provided, however, that
the Supervisors believe that the issuance of the permit will not endanger
the health, safety or general welfare of the citizens of the community.
[Ord. 73-5-6, 5/23/1973, § 5]
1. The applicants shall submit with their application a corporate bond
of indemnity in a form approved by the Township Solicitor or cash
deposit to save and protect Township streets, sidewalks, curbs, 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 condition and pay all
charges and losses to the Township for damages to the streets, sidewalks,
curbs, road signs 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 corporate bond of indemnity shall be in the following amounts:
|
Persons Reasonably Anticipated
|
Bond Amount
|
---|
|
500 to 2,000
|
$500
|
|
2,000 to 3,500
|
$1,000
|
|
3,500 to 5,000
|
$2,000
|
|
5,000 to 10,000
|
$10,000
|
|
Over 10,000
|
$25,000
|
C. The property owner or person in charge of the property making application
shall sign as an additional indemnitor, to insure against damage to
streets, sidewalks, curbs, road signs and all other Township property,
to meets costs of the Township for deploying or employing personnel
directly attributable to the conduct of the public gathering and to
ensure that the property will be restored to a sanitary condition.
[Ord. 73-5-6, 5/23/1973, § 6]
1. No permits shall be issued by the Board of Supervisors of New Britain
Township unless all of the arrangements have been made and all of
the conditions satisfied which are set forth in this Part by the day
set forth in the following schedule:
A. A gathering numbering 500 to 2,000 persons, 10 days prior to the
first day upon which the public gathering is to commence.
B. A gathering numbering 2,000 to 3,500 persons, 15 days prior to the
first day upon which the public gathering is to commence.
C. A gathering numbering 3,500 to 5,000 persons, 20 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. In addition to the other items contained within this Part, the conditions
shall include:
A. Sanitary Facilities. Written approval of the Bucks County Health
Department, indicating that applicants 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.
B. Public Safety. Written statement of the New Britain Township Police
Chief indicating that plans have been made to meet the following conditions:
(1)
Applicants have provided for adequate traffic control and crowd
control personnel, i.e., one marshal for every 100 motor vehicles
reasonably anticipated to be at the location and one marshal for every
200 people reasonably anticipated to be in attendance.
(2)
A list of those marshals must be presented to the New Britain
Township Police Chief with the application. The marshals must be orientated
and instructed by the Police Chief and the sponsor of the public gathering
prior to the commencement of the gathering.
(3)
Adequate lighting must be provided subject to approval of the
Board of Supervisors or the Township Administrator.
C. Medical Services. Written approval by the Bucks County Department
of Health indicating 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
technique in attendance at all times.
D. Parking Facilities. Written approval of the New Britain Township
Police Chief indicating that parking is available within or adjacent
to the premises upon which the public gathering is to be conducted
as herein provided:
(1)
Such parking facilities shall provide parking space for one
vehicle for every four persons reasonably anticipated to be in attendance
at the public gathering.
(2)
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 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. 73-5-6, 5/23/1973, § 7]
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 Building Inspector of New Britain Township.
[Ord. 73-5-6, 5/23/1973, § 8]
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 or regulations,
or of the terms and conditions of this Part, or other ordinances of
Bucks County or of New Britain Township, of the permit granted hereunder
may be cause for immediate revocation of the permit by the Board of
Supervisors of New Britain Township or by the Bucks County Department
of Health 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 of New Britain Township, its authorized
agents and representatives and the representatives 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 New Britain Township, the County Health
Officer or the Police Chief shall 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 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 ensuring that no person shall be allowed to remain
on the premises who is violating any state, county or Township laws,
rules or regulations.
[Ord. 73-5-6, 5/23/1973, § 9; as amended by Ord.
2007-02-01, 2/12/2007]
Any person, firm or corporation 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,
shall, upon conviction thereof in an action brought before a district
justice in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, be sentence to
pay a fine of not less than $300 nor 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.
[Ord. 73-5-6, 5/23/1973, § 10]
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
be in the future, in effect which pertain to the conduct of public
gatherings.