[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:
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.
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.
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 18 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 North Newton Township shall control.
A.
Written application for each public gathering shall be made to the
Board of Supervisors of North Newton Township according to the following
schedule:
(1)
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;
(2)
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.
B.
Applications, at minimum, shall contain the following information:
(1)
The full legal name, address and telephone numbers of:
(a)
The owner(s) in charge of the property to be used for public
gathering;
(b)
The person(s) in charge of the property to be used for public
gathering;
(c)
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.
(2)
The location and address of the property to be utilized for the public
gathering.
(3)
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.
(4)
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.
(5)
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.
(6)
An estimate of the number of persons expected to attend the public
gathering.
(7)
The scheduled duration of the public gathering.
(8)
Specific details concerning the following:
(a)
Food and drink;
(b)
Sanitary facilities;
(c)
Transportation and parking facilities;
(d)
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;
(e)
On-site medical facilities and hospital care;
(f)
Janitorial services and post-gathering trash removal.
(9)
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.
(10)
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.
(12)
Examples of proposed advertising of the event, if any.
(13)
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.
C.
D.
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:
(1)
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;
(2)
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;
(3)
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.
A.
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.
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, 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.
A.
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:
(1)
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;
(2)
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;
(3)
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.
B.
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:
(1)
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.
(2)
Public safety. Written statement from the Pennsylvania State Police
indicating that plans have been made to meet the following conditions:[1]
(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)
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.
(c)
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.
(d)
Adequate lighting must be provided subject to approval of the
Township Supervisors.
(3)
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.
(4)
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:
(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 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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
[Amended 4-3-2018 by 2018-1; 6-6-2023 by Ord. No. 2023-02]
Any person who violates any provision of this chapter shall,
upon conviction thereof before any Magisterial District Judge, be
sentenced to pay a fine of not more than $1,000. Each violation shall
constitute a separate offense, for which a summary conviction may
be sought.
Any public gathering held in violation of this chapter shall
be enjoined from taking place pursuant to the issuance of a court
order.
