[HISTORY: Adopted by the Board of Supervisors of the Township of North Newton 9-14-1982 by Ord. No. 82-9. Amendments noted where applicable.]
Pursuant to the provisions of the Second Class Township Code, Act of May 1, 1933, P.L. 103 Art. 1, § 101 et. seq., as amended, 53 P.S. §§ 65101 through 67604 (Purdons 1957), the Supervisors of North Newton Township, a Second Class Township, are empowered to invoke ordinances to promote public safety and health of the citizens of North Newton Township.
As used in this chapter, the following terms shall have the meanings indicated:
- PERSON IN CHARGE OF PROPERTY
- As used in this chapter, unless otherwise provided herein, means an agent, occupant, lessee, contract purchaser, or person other than the owner, having possession or control of property.
- PUBLIC GATHERING
- As used in this chapter, unless otherwise provided herein, means all assemblies of people for the purpose of public amusement reasonably anticipated to number more than 2,000 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.
- As used in this chapter, unless otherwise provided herein, means 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.
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 chapter. A separate permit shall be required for each public gathering for the period of time designated by the permit.
No public gathering may be held within the boundaries of North Newton Township, Cumberland 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.
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.
No applicant shall be under 18 years of age.
No permit may be transferred or assigned.
In case of dispute over the number of people reasonably anticipated to attend the public gathering, the decision of the Board of Supervisors of North Newton Township shall control.
Written application for each public gathering shall be made to the Board of Supervisors of North Newton Township according to the following schedule:
Application for permit to have a public gathering numbering 2,000 to 3,500 persons must be submitted 45 days prior to the first day upon which the public gathering is to commence;
Application for permit to have a public gathering numbering 3,500 to 5,000 persons must be submitted 60 days prior to the first day upon which the public gathering is to commence; application for permit to have a public gathering of more than 5,000 persons must be submitted 90 days prior to the first day upon which the public gathering is to commence.
Applications, at minimum, shall contain the following information:
The full legal name, address and telephone numbers of:
The owner(s) in charge of the property to be used for public gathering;
The person(s) in charge of the property to be used for public gathering;
The sponsor(s)-applicant(s) of the public gathering; 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 authoring the application may be required.
The location and address of the property to be utilized for the public gathering.
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.
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.
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.
An estimate of the number of persons expected to attend the public gathering.
The scheduled duration of the public gathering.
Specific details concerning the following:
Food and drink;
Transportation and parking facilities;
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;
On-site medical facilities and hospital care;
Janitorial services and post-gathering trash removal.
A certified copy of the bond or verified evidence of other suitable financial arrangements, in compliance with the provisions of § 228-6 below must be attached to the application.
A statement containing the name(s), address(es), and telephone number(s) of licensed ticket printers to be used to print tickets for the public gathering that is the subject of the application, and the number of tickets to be printed.
Examples of proposed advertising of the event, if any.
Affidavit of applicant(s) stating that they shall abide by the terms and provisions of this chapter, and all laws, rules and regulations of the Commonwealth of Pennsylvania, Cumberland County, and North Newton Township.
Each application shall be accompanied by a cash fee to cover the cost of inspection, investigation, issuance, and administration of the permit in such amounts as shall be set by resolution of the Board of Supervisors.
No part of the permit fee is refundable.
The decision of the Township Board of Supervisors, or their agent, to either grant or deny the application for permit, shall be made according to the following time schedule:
Ten days prior to the first day upon which the public gathering is to commence, when the public gathering will include 2,000 to 3,500 persons;
Fifteen days prior to the first day upon which the public gathering is to commence, when the public gathering will include 3,500 to 5,000 persons;
Twenty days prior to the first day upon which the public gathering is to commence, when the public gathering will include more than 5,000 persons.
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 roads, 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 condition and pay all charges and losses to the Township for damages to the streets, pavements, bridges, and all other Township property.
Should the permitted public gathering necessitate that the Township deploy or employ additional Township employees 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.
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.
No permit(s) shall be issued by the Board of Supervisors of North Newton Township, or their agents, unless all of the conditions set forth in Subsection B of this section have been satisfactorily complied with according to the following time schedule:
Eleven days prior to the first day upon which the public gathering is to commence, when the gathering will include 2,000 to 3,500 persons;
Sixteen days prior to the first day upon which the public gathering is to commence, when the gathering will include 3,500 to 5,000 persons;
Twenty-one days prior to the first day upon which the public gathering is to commence, when the gathering will include more than 5,000 persons.
The following conditions must be complied with in accordance with the schedule set out in Subsection A of this section before a permit for a public gathering shall be issued:
Sanitary facilities. Written application for sewage permits must be made to the North Newton Township Sewage Enforcement Officer. The applicant must provide a written plan for water supply, toilet facilities, washing facilities, food preparation and service, if applicable, and the type of food preparation and food facilities. The applicant must comply with applicable state and county laws, rules and regulations relating to the public health.
Public safety. Written statement from the Pennsylvania State Police indicating that plans have been made to meet the following conditions:
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.
A list of those marshals must be presented to the Pennsylvania State Police with the application. The marshals must be orientated and instructed by the State Police and the sponsor of the public gathering prior to the commencement of the gathering.
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.
Adequate lighting must be provided subject to approval of the Township Supervisors.
Medical services. 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.
Parking facilities. Written approval of the Pennsylvania State Police indicating that parking is available within or adjacent to the premises upon which the public gathering is to be conducted as herein provided:
Such parking facilities shall provide parking space for one vehicle for every four persons reasonably anticipated to be in attendance at the public gathering;
Adequate exits and entries shall be provided from such parking area to facilitate the movement of any vehicle at any time to or from the parking area; however, should buses be used to transport persons to the public gathering, it shall be shown that public parking, as described above, is available at any site where buses are scheduled to pick up persons to transport them to the public gathering.
All facilities, including any stage to be specially assembled, constructed, or erected for the public gathering, must be set up at the site of the public gathering at least 24 hours before the commencement of the public gathering and be approved by the North Newton Township Board of Supervisors.
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. Additionally, no person during the public gathering shall take or carry onto the premises of the public gathering, or drink thereon, intoxicating liquor, except as licensed or permitted by state law.
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 chapter, or other ordinances of Cumberland County or of North Newton Township, or of the permit granted hereunder, may be cause for immediate revocation of the permit by the Board of Supervisors of North Newton Township upon notification to the person in charge that a violation exists and that the person in charge failed 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.
The Board of Supervisors of North Newton Township, its authorized agents and representatives, and the representative of the county and Township departments having responsibility for approval under this chapter, 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.
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 schoolhouse, 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.
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 North Newton Township, or the Pennsylvania State Police, shall have the authority to require the applicants to limit further admissions until all conditions and provisions recited herein are met.
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.
Public gatherings operating without a permit under this chapter based on a reasonable anticipation of less than 1,000 persons in attendance, shall limit attendance therein to 999 persons, and printed tickets, if utilized, cannot number more than 999.
Any person who initiates, organizes, promotes, permits, conducts or causes to be advertised a public gathering without obtaining the permit provided in this chapter, or who knowingly conducts, permits or allows a public gathering with a permit but in violation of the terms and provisions of this chapter and of the permit granted, or who shall counsel, aid or abet such violation or failure to comply shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgement, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Any public gathering held in violation of this chapter shall be enjoined from taking place pursuant to the issuance of a court order.