[Ord. 12/7/1978, § 1]
This Part shall be known as the "Hopewell Township Outdoor Amusement Ordinance of 1978."
[Ord. 12/7/1978, § 2]
Any person who applied for a license hereunder.
The Board of Supervisors of the Township of Hopewell, York County, Pennsylvania.
The Township of Hopewell, York County, Pennsylvania.
Any outdoor theatrical, musical or dramatic performance, or any concert, festival or carnival, or any other outdoor exhibition, show, entertainment or amusement of any similar nature or kind for which an admission fee is charged or for which money or any other reward of any nature is in any way or manner demanded, expected or received. The term "outdoor amusement" shall not include any church, fire company or school function, nor any activity conducted solely for benevolent or charitable purposes by a person having an exemption from the federal income tax in accordance with pertinent sections of the Internal Revenue Code.
Any natural person, group of persons, organization, partnership, association, firm or corporation.
The Township of Hopewell, York County, Pennsylvania.
The Secretary of the Board of Supervisors of the Township of Hopewell, York County, Pennsylvania.
In this Part words in the singular shall include the plural and the masculine shall include the feminine.
[Ord. 12/7/1978, § 3]
1.
No person either as principal or agent shall conduct or hold, nor shall permit the conducting or holding on premises owned or under the control of such person, any "outdoor amusement" in the Township of Hopewell, York County, Pennsylvania, unless the same shall have been licensed according to the provisions of this Part. An application for the license required by this Part must be filed with the Secretary of the Board of Supervisors at least 15 days before the date on which the outdoor amusement is proposed to be held. Such application shall be in writing and shall include:
A.
The name and business address of the person who proposes to conduct the outdoor amusement.
B.
The type of outdoor amusement proposed including the number of performers and their names.
C.
The date or dates on which the proposed outdoor amusement is to be conducted, and rain date, if any, should the weather force cancellation of the event.
D.
The hours during which the proposed outdoor amusement is to be conducted on each date submitted as required by paragraph .C supra.
E.
A property description of the site on which the proposed outdoor amusement is to be conducted, including (but not limited to) an outline of where all required facilities are to be located, the amount of acreage in the site, the name of access road or roads to the site, the number of permanent seats.
F.
The number of people per performance per day which the applicant estimates will attend the proposed outdoor amusement and the maximum number of advance tickets to be offered for sale for each performance.
G.
The food, housing, parking, sanitary, medical and crowd control arrangements and facilities to be provided by the applicant for each day.
H.
The number of motor vehicles which the applicant estimates will bring people to each performance for each day, and the number of motor vehicles that can be parked within the fenced area where the proposed outdoor amusement is to be held.
2.
A separate application must be filed for each site and every application must be duly verified by the applicant that the facts set forth therein are true and correct under the penalties of perjury. The Secretary of the Board of Supervisors shall provide official application forms which must be used by the applicant.
[Ord. 12/7/1978, § 4; as amended by Ord. 2016-1, 1/4/2016]
1.
No license shall be issued under this Part until:
A.
The applicant has complied in all respects with the terms of this Part and the application has been approved by the Board of Supervisors.
B.
A certified copy of all state and county permits are filed with the Secretary of the Board of Supervisors in any instance in which such state and county permits are required to conduct the proposed outdoor amusement.
C.
The Board of Supervisors, or their agents, have inspected the premises where the proposed outdoor amusement is to be held to ascertain whether such premises are suitable for the purpose and free from unsanitary, dangerous or hazardous features.
D.
The cash bond required by this Part has been paid.
E.
The evidence of public liability insurance required by this Part has been filed with the Secretary of the Board.
F.
The license fee required by this Part has been paid. The Board may cause any other investigation or inspection to be made to secure the facts needed by it to determine if the application should be approved and the license granted. It may reject the application and refuse to grant the license if any unsanitary, hazardous or dangerous conditions exist, or if the location is deemed by it unsuitable because the conduct of the proposed outdoor amusement thereon would create a traffic hazard, or because of the lack of accommodations for the number of persons and/or vehicles likely to be attracted thereto, or if the proposed outdoor amusement is likely to create unnecessary annoyance to the residents or inhabitants of the locality. In every case the Board of Supervisors, approving the application and issuing a license, shall state in the license the type of outdoor amusement authorized and the time for which the license is to remain in effect.
G.
The applicable Pennsylvania Department of Environmental Protection Rules and Regulations including, but not limited to, 25 Pa. Code, Chapter 71, "Administration of Sewage Facilities Program," 25 Pa. Code, Chapter 73, "Standards for Sewage Disposal Facilities," 25 Pa. Code, Chapter 151, "Food Establishments," 25 Pa. Code, Chapter 191, "Organized Camp and Campgrounds," and 25 Pa. Code, Chapter 243, "Nuisances," shall be complied with by the applicant.
[Ord. 12/7/1978, § 5]
1.
Every person applying for a license for an outdoor amusement under this Part shall deposit with the Township Secretary a bond, either in cash or in certified check, payable to the Township, in the amount of $2 per person on the anticipated attendance with a minimum bond of $500. Said cash bond shall be conditioned for the faithful observance of the provisions of this Part and the saving harmless of the Township, its agents, servants and employees from any and all liabilities or causes of action which might arise by virtue of granting of such license in the Township. The cash bond shall be a fund for the payment of any damages to property or injuries to persons which might occur outside of the area in which the outdoor amusement is to be conducted, whether such damages to property or injuries to persons occur either in the Township or in any municipality adjacent thereto. The cash bond is conditioned further that as a result of the outdoor amusement the licensee will not permit any dirt, paper, litter or other debris from the outdoor amusement to remain on any property whether inside or outside the area in which the outdoor amusement is to be conducted.
2.
Township has the right to retain said cash bond for a period of 90 days after termination of the outdoor amusement, and if during said ninety-day period Township is notified in writing of any claim to property damage or injuries to persons arising from the outdoor amusement, it may retain sufficient monies to cover payment of said claims until said claims have been satisfied by the licensee or there has been an adjudication of liability for payment in any court of competent jurisdiction. After the expiration of the said ninety-day period, the cash bond less any amount withheld to cover claims and less any sum of money utilized by the Township to clean up dirt, paper, litter or other debris will be returned to the applicant.
[Ord. 12/7/1978, § 6]
Every applicant for a license under this Part shall furnish satisfactory evidence to the Township Secretary that a public liability insurance policy from an insurance company registered to do business in Pennsylvania, in amounts of not less than $300,000 for one person and $500,000 for any one accident, will be in force and effect during the period which such outdoor amusement is to be conducted in the Township.
[Ord. 12/7/1978, § 7; as amended by Ord. 2016-1, 1/4/2016]
Before a license shall be issued to any person whose application under this Part has been approved by the Board of Supervisors, that person shall pay to the Township Secretary a fee in an amount as established, from time to time, by resolution of the Board of Supervisors.
[Ord. 12/7/1978, § 8]
1.
No gathering of the type herein described will be allowed under any circumstances where the estimate of daily attendance is in excess of 3,000 persons or where the Township Supervisors, in their discretion, feel that the gathering will likely attract more than the maximum amount of people allowed.
2.
No gathering will be allowed under any circumstances where overnight camping is contemplated at the site of the event.
[Ord. 12/7/1978, § 9]
1.
When all of the requirements of this Part have been met and the application has been approved by the Board, the Township Secretary shall issue a license hereunder to conduct the outdoor amusement. The license shall in every case state:
A.
The name and business address of the person authorized to conduct the outdoor amusement.
B.
The type of outdoor amusement authorized.
C.
The date or dates on which the proposed outdoor amusement is to be conducted.
D.
The hours during which the outdoor amusement is to be conducted on each date or dates authorized by paragraph .C supra.
E.
The site on which the outdoor amusement is to be conducted.
F.
The hour and date on which the license shall expire.
G.
That this license shall not be assignable.
[Ord. 12/7/1978, § 10]
1.
After any license has been issued under this Part, the Board of Supervisors, or their agents, shall inspect the site designated therein before any program, show or entertainment is begun to insure that no dangerous, hazardous and unsanitary conditions exist.
2.
The Board of Supervisors or their agents shall in addition have the right to inspect the site designated in the license after the commencement of any program, show or entertainment and after the completion of any program, show or entertainment to further ensure that no dangerous, hazardous or unsanitary conditions exist and that all conditions of this Part are being and have been complied with. In the event any dangerous, hazardous or unsanitary conditions are found prior to the commencement of the program, show or entertainment they shall be immediately corrected by the licensee and any dangerous, hazardous or unsanitary conditions or other violations of this Part found after the commencement of the program, show or entertainment shall be corrected immediately by the licensee and in the absence of their being immediately corrected as above specified, the license shall forthwith be revoked, the program, show or entertainment shall cease, and no part of the license fee shall be refunded.
[Ord. 12/7/1978, § 11]
1.
No person granted a license under this Part shall permit upon the site named thereon:
[Ord. 12/7/1978, § 12]
The tickets shall be printed, consecutively numbered, dated, show the beginning and ending time of the event and show the complete price of admittance. Tickets shall also state that no alcoholic beverages and controlled substances shall be permitted and that violators shall be prosecuted. No more than 25% of the allotted tickets shall be available for sale at the gate.
[Ord. 12/7/1978, § 13]
Uniformed guards having police power similar to those of a constable in the Commonwealth of Pennsylvania shall be at the site of the outdoor amusement and shall be on duty in the ratio of one guard per 250 persons or portion thereof. The uniformed guards shall constantly circulate and patrol all areas, including but not limited to the parking areas and the audience area, and shall vigorously enforce the conditions printed upon the tickets, as well as the provisions of § 13-111 of this Part and other relevant provisions of state and local law.
[Ord. 12/7/1978, § 14]
1.
Toilet facilities, either permanent in nature or portable, shall be provided for the ratio of one facility per each 250 persons based on the anticipated attendance.
2.
Adequate potable water shall be provided for emergency first aid, drinking and handwashing.
3.
A covered facility shall be provided for emergency first aid.
4.
An ambulance and related personnel and a fire truck and related personnel shall be located at the site of the outdoor amusement at all times.
[Ord. 12/7/1978, § 15]
The Board of Supervisors shall forthwith revoke any license granted under this Part if at any time dangerous, hazardous and unsanitary conditions develop in the site designated in the license, or if the licensee violates in any way any provisions of this Part, and no part of the license fee shall be refunded.
[Ord. 12/7/1978, § 16; as amended by Ord. 2016-1, 1/4/2016]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and reasonable attorney fees incurred by the Township in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days; provided, however, that each three-hour period during which a violation exists shall constitute a separate violation of this Part. The Board of Supervisors shall also have available equitable remedies to enjoin violations of the Part. 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.