[Ord. 34, 7/1/1990, § 1]
This Part shall be known and may be cited as the "Cable Television Ordinance."
[Ord. 34, 7/1/1990, § 2]
For the purpose of this Part, the following terms, phrases and words shall have the following meanings:
- BOARD OF SUPERVISORS
- The Board of Supervisors of the Township of Swatara Township.
- CABLE TELEVISION SERVICE
- The provision of any lawful service through the transmission of electrical or electronic signals.
- CABLE TELEVISION SYSTEM
- A facility that crosses public rights-of-way, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service to customers, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves only subscribers in one or more multiple unit dwellings not including single family dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1984, except that such facility shall be considered as a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility system.
- Any person or entity which is granted a nonexclusive franchise pursuant to the terms of this Part.
- The Township of Swatara.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
[Ord. 34, 7/1/1990, § 3]
A nonexclusive franchise to construct, operate and maintain a cable television system within all or any portion of the Township is required of anyone desiring to provide cable television service in the Township. A franchise may be granted by the Board of Supervisors by resolution or written approval of franchise application to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such cable service. Such franchises shall be subject to the following conditions, in addition to those set forth elsewhere in this Part.
The franchise will take effect when signed by both parties.
Nonexclusive Grant. No right to use and occupy said streets, alleys, public ways and places granted pursuant to this Part shall be deemed to be exclusive, and the Township reserves the right to grant rights to any other qualified company at any time. The foregoing notwithstanding, in the event any material provision(s) of any franchise granted by the Township to any subsequent grantee) is (are) more favorable (by inclusion, exclusion or altering of such material provisions(s) to such subsequent grantee) than the corresponding provision(s) of a previous grantee's franchise, such previous franchise shall be amended to include all such more favorable provisions(s).
[Ord. 34, 7/1/1990, § 4]
Grantees shall, at all times during the life of a franchise granted pursuant hereto, be subject to all lawful exercise of the police power by the Township, and to such reasonable regulation, pursuant to the exercise of such police power, as the Township, Commonwealth of Pennsylvania or United States of America shall hereafter by resolution, ordinance, statute or regulation provide, including:
Interference. If there is any interference on any television set, radio or other electronic device not connected with the conductors or fixtures of the grantee which is caused by the conductors or fixtures of the grantee, the grantee shall immediately, at its own costs and expense, eliminate such interference. If such interference cannot be eliminated within 48 hours, the Township may direct the suspension of the operation of the grantee within the affected area of the Township until such interference is eliminated.
Building Permits. In addition, the grantee shall apply for and take out any and all building permits required by the Township for any construction to be undertaken by said grantee. Such permits will not be unreasonably withheld or delayed by the Township. Cost of such permits shall be considered to have been paid as part of the grantee's franchise fee payments.
[Ord. 34, 7/1/1990, § 5]
Grantee shall save the Township harmless from any suit, judgment, claim, or demand whatsoever, arising out of the operations of the grantee in the construction, operation or maintenance of its cable television system in the Township, excluding any activities that are the result of gross negligence or deliberate acts or omissions of the Township, its officers, employees, agents, boards or commissions. The Township shall notify the grantee's representative in the Township within 10 days after the presentation of any claim or demand, either by suit or otherwise, made against the Township on account of any damages or losses as aforesaid resulting from the operations of the grantee. The grantee shall furnish to the Township, prior to the grant of a franchise hereunder, evidence in writing that the grantee has in full force and effect public liability insurance of not less than $500,000 for any one person and $1,000,000 for any one accident, and property damage insurance of not less than $500,000 duly issued by an insurance company or companies authorized to do business in the Commonwealth of Pennsylvania, said insurance to cover all operations by the grantee within the Township. Upon request, written evidence of the maintenance of such insurance in full force and effect shall be furnished annually thereafter to the Township.
[Ord. 34, 7/1/1990, § 6]
The grantee may promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its obligations under a franchise granted pursuant to this Part, and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof, additional regulations or ordinances of the Township, or the laws of the Commonwealth of Pennsylvania or the United States of America.
[Ord. 34, 7/1/1990, § 7]
Use. All transmission and distribution structures, lines and equipment erected by the grantee within the Township shall be so located as to cause minimum interference with the use by others of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of owners of property which abuts the said streets, alleys or other public ways and places.
Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, grantee shall at its own costs and expense and in a manner approved by the Township Engineer, or other person designated by the Township, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced.
Relocation. In the event that at any time during the period of any franchise granted pursuant to this Part the Township shall lawfully elect to alter, or change the grade or location of, any street, alley or other public way, grantee, upon reasonable notice by the Township, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
Placement of Fixtures. Grantee, insofar as it is reasonably possible to do so, shall locate its wires, cables, conduits and other television conductors and fixtures on existing utility poles of either the electric or the telephone company. Grantee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line. Those placed in alleys shall be placed close to the line of the lot abutting on said alley, and in such a manner as not to interfere with the usual travel on said alleys.
Temporary Removal of Wire for Building Moving. Grantee shall, on the request of any person holding a building permit issued by the Township, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and grantee shall have the authority to require such payment in advance. Grantee shall be given not less than 48 hours' advance notice to arrange for such temporary wire changes.
Tree Trimming. Grantee shall have the authority to the same extent that the Township has such authority, to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Township so as to prevent the branches of such trees from coming in contact with the wires and cables of grantee.
[Ord. 34, 7/1/1990, § 8]
Township Rules. Township may adopt by resolution such additional regulations as it shall find necessary in the exercise of the police power; provided that such regulations shall be reasonable and not in conflict with the laws of the Commonwealth of Pennsylvania and the United States.
Use of System by Township. The Township shall have the right, during the life of this franchise, free of charge, where aerial construction exists, of maintaining upon the poles of grantee within the Township wires and fixtures necessary for police communications, fire alarm and civil defense warning systems. The Township will be responsible for installation and maintenance of such systems. If any such system interferes with the operation or maintenance of the cable system, then grantee shall repair, move or remove equipment and shall be reimbursed by Township for all reasonable costs of labor and material.
Inspection. The Township shall have the right to inspect all construction or installation work during such construction or installation, or at any time after completion thereof, in order to insure compliance with the provisions of this Part and all other governing ordinances.
[Ord. 34, 7/1/1990, § 9]
Any grantee holding a franchise pursuant to the terms of this Part shall pay to the Township for the privilege of operating its community television system under such franchise the sum of 3% of the annual gross cable television revenues from basic service monthly fees. Termination of operation of failure to undertake operation by the grantee within one year of the granting of a franchise hereunder shall terminate liability under this taxing provision.
Grantee shall make payment to the Township of such fees on an annual basis within 30 days following the anniversary date of the grant of its franchise.
[Ord. 34, 7/1/1990, § 10]
The grantee shall at all times maintain adequate records of the gross receipts from service rental income which shall be available at all reasonable times during regular business hours to inspection by the Township through its duly designated agents or officers.
[Ord. 34, 7/1/1990, § 11]
Any franchise granted hereunder shall be for the initial term of 15 years.
[Ord. 34, 7/1/1990, § 12]
All applicants for a franchise shall submit to the Township a statement containing the following:
Name of the applicant.
Address of the applicant.
Evidence of financial condition of the applicant and, if the applicant is a corporation or partnership, the names of the principal stockholders or partners, whichever is applicable. A financial statement of the person or corporation shall be submitted and shall be certified by a certified public accountant.
Description of the area to be covered by the franchise.
Upon receipt of the above information, together with such other information as is required by the Township, the Township shall determine whether or not it is in the best interest of the Township to grant a franchise to the applicant.
[Ord. 34, 7/1/1990, § 13]
Upon revocation of the franchise by the Township, or at the end of the term of a franchise, grantee shall remove all of its equipment and other facilities from the Township within a reasonable time, and shall restore as nearly as possible all public and private property affected thereby to the condition it was in prior to the installation of such equipment and facilities by said company.
In addition to all other rights and remedies retained by the Township under this Part, the Township shall have the right to revoke a franchise if the grantee knowingly fails to substantially comply with any material provisions of this Part or the franchise agreement. The Township shall not have the right to revoke a franchise if the grantee cures the material breach in accordance with Subsection 2A below or if the material breach occurs without fault of the grantee or occurs as a result of circumstances beyond grantee's control. Revocation shall be by ordinance duly adopted by 3/4 of all the members of the Board of Supervisors, in accordance with the following procedure:
The Township shall notify the grantee in writing of the alleged failure of compliance, setting forth the reasons for alleging that the failure is knowing, material and substantial. The grantee shall have 60 days subsequent to the receipt of the notice to correct the failure and respond to the Township.
Within 30 days of the receipt of the grantee's response, or if the grantee fails to respond, the Township, if it concludes that a basis for revocation still exists, shall notify the grantee in writing of this conclusion.
Within 30 days of the determination that a basis for revocation exists, the Township shall hold a public hearing upon reasonable notice and affording due process to consider revocation. At the public hearing, the grantee shall be given an opportunity to address the grounds for revocation including the right to present evidence and examine witnesses. The Township will provide a stenographic record of the public hearing. The Township shall, within 21 days of the hearing, either determine not to revoke the franchise, or upon stated grounds, revoke the franchise absolutely or conditionally. No revocation will be deemed effective, however, until either the grantee accepts in writing the ruling of the Township or has exhausted all its administrative and judicial appeals and the Township's ruling has been upheld by a court of last resort.
[Ord. 34, 7/1/1990, § 14]
A franchise may be renewed by the Township pursuant to the procedures established in this section and applicable federal and state law and regulations.
During the six-month period which begins with the thirty-sixth-month before the expiration of the franchise, the Township may on its own initiative, and shall at the request of the grantee, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of:
Upon completion of such proceedings, the grantee may submit a proposal for renewal. Upon the request of the Township a grantee shall submit a proposal for renewal. Subject to restrictions contained in the Cable Act, any such proposal shall contain such material as the Township may require, including proposals for an upgrade of the cable system. The Township may establish a date by which any such proposal shall be submitted.
Upon submittal of a proposal for the renewal of a franchise, the Township shall provide prompt public notice of such proposal and, during the four-month period which begins on the completion of any proceedings under Subsection 1A, shall either renew the franchise or issue a preliminary assessment that the franchise should not be renewed and commence at the request of the grantee, or on its own initiative, an administrative proceeding to consider whether:
The grantee has substantially complied with the material terms of the existing franchise.
The quality of the grantee's cable service, except for the mix, quality and level of programming or other services provided over the system, has been reasonable in light of community needs.
The grantee has the financial, legal and technical ability to provide the cable services, facilities and equipment as set forth in the proposal; and,
The proposal is reasonable to meet future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.
In any administrative proceeding, the grantee and the public shall be afforded notice, and the grantee and the Township shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence and to question witnesses. A transcript shall be made of any such proceeding. At the completion of an administrative proceeding, the Township shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and shall transmit a certified copy of such decision to the grantee. Such decision shall state the reasons thereof.
Any refusal to renew a franchise or denial of a proposal for renewal shall be based only on one or more adverse findings made with respect to the factors set forth in Subsection 1C(1), based upon the record of the proceeding. The Township may not base a refusal to renew or a denial of renewal upon factors of Subsections 1A and B unless the Township has given a grantee notice of and an opportunity to cure violations or problems, or has waived its right to object to, or effectively acquiesced in, such violations and problems.
If a grantee's proposal for renewal has been denied by a final decision of the Township made pursuant to this section, or if the grantee has been adversely affected by a failure of the Township to act in accordance with the procedural requirements of this section, the grantee may seek review of such final decision or failure within 120 days of the issuance of the decision either in the District Court of the United States for any judicial district in which the cable system is located, or in any state court of general jurisdiction having jurisdiction of the parties. The court may grant appropriate relief if it finds that any action of the Township is not in compliance with the procedural requirements of this section or that the denial of the renewal proposal by the Township is not supported by a preponderance of the evidence based on the record of the proceeding conducted under this section.
Any decision of the Township on a proposal for renewal shall not be considered final unless all administrative review has occurred, or the opportunity therefore has lapsed.
Notwithstanding the provisions of this section, a grantee may submit a proposal for the renewal of a franchise at any time, and the Township may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced.) The provisions of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a proposal for renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with Subsections 1A through F of this section.
If the current franchise expires by its own terms before the Township and the grantee have reached an agreement on the terms and conditions of a renewal franchise or before the completion of the formal renewal procedures set forth in this section, the Township shall extend the expiration date of the current franchise until either a new franchise has been granted or the Township's denial has been upheld by the court of last resort.
[Ord. 2017-02, 1/12/2017]
This Part shall be known and cited as the "Swatara Township Special Event Ordinance."
[Ord. 2017-02, 1/12/2017]
As used in this Part, the following terms shall have the meanings indicated:
- Any person, entity and/or any sponsoring organization who or which seeks a special event permit from the Township to conduct or sponsor an event governed by this Part. Any entity or organization shall designate an individual person as the responsible contact person.
- ATHLETIC EVENT
- An occasion in which a group of persons collectively engages in a sport or form of physical exercise on a public or private property or on a Township street, sidewalk, alley or other street right-of-way which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws and controls. Athletic events shall include, without limitation, bicycle and foot races. This shall not include regularly scheduled leagues, such as little league baseball, soccer, etc., approved by the Township.
- BLOCK PARTY
- A festive gathering of the residents on a residential street requiring a closure of a street or a portion thereof to vehicular traffic and use of the street for the festivity, including, without limitation, barbecues, picnics, music or games.
- BOARD OF SUPERVISORS
- The governing board of Swatara Township.
- A gathering of people to listen to, or observe, live music or amplified recorded music, a theatrical performance, a dance performance, a comedian, magician or lecturer or similar performer.
- A march or procession consisting of persons, animals or vehicles or any combination thereof on any public or private property or on any Township street, sidewalk, alley or other street right-of-way.
- PERMIT APPLICATION FEE
- The fee paid by the special event applicant at the time the application is filed with the Township.
- Any person, entity and any sponsoring organization which has been issued a special event permit by the Township.
- PERSON IN CHARGE OF PROPERTY
- The owner of the premises or his agent or such other person who has possession or control of the property in the Township on which the special event is to occur.
- POLICE DEPARTMENT
- The Pennsylvania State Police or other police department that is the primary police force serving the citizens of Swatara Township.
- Public streets, alleys, sidewalks and crosswalks, including bike and pedestrian paths.
- SECURITY PERSONNEL
- The hired security force that will be required to be on hand for permitted special events.
- The portion of a street between the curblines or lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.
- 1. All temporary gatherings or organized activities on any public or private property or on any street, alley or sidewalk or private property in the Township involving one, some or all of the following factors, which would or could cause the gathering to result in a substantial impact on Township resources, facilities or services or would or could create public safety, health or welfare concerns:
- A. Closing or partial closing of a public right-of-way; blocking or restricting access to a public right-of-way or public or private property;
- B. Use of special effects, including open flame or other potentially dangerous displays;
- C. Installation of a stage, band shell, rolling or movable stands and stages, such as flatbed trailers, portable building, toilet, grandstand or bleacher on any public right-of-way or any private property where otherwise prohibited by ordinance;
- D. Placement of temporary directional, promotion or other signs or barricades on a public right-of-way;
- E. Obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic and/or does not comply with traffic laws and controls;
- F. A gathering at which 50 or more persons are likely to attend; or
- G. A determination by the Board of Supervisors or appropriate Township Code Official designated by the Board of Supervisors that the event will result in substantial impact on Township resources, facilities or services.
- 2. Examples of a special event may include both indoor or outdoor events occurring on any private or public property or on any public right-of-way which are designed to attract crowds and may or may not charge admission, such as concerts, parades, athletic events, fairs, festivals, flea markets, arts and craft shows, carnivals, circuses, block parties, soap box derbies, rallies, trade shows, expositions and displays, excluding:
- 3. A special event is not intended to include the routine operation of a lawful business, such as a restaurant, bar, social club or nightclub, not including any large special event that may be held at any thereof which may constitute a special event under the terms hereof.
- SPECIAL EVENT PERMIT
- A written, signed authorization to hold a special event, issued by the Board of Supervisors or the appropriate Township Code Official designated by the Board of Supervisors.
- 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 special event.
- Swatara Township, Lebanon County, Pennsylvania, acting through the Board of Supervisors or their designees.
[Ord. 2017-02, 1/12/2017]
It shall be unlawful for any sponsor, owner of property, or person in charge of a property to initiate, organize, promote, permit, conduct or cause to be advertised a special event, unless a permit has been obtained pursuant to this Part. A separate permit shall be required for each special event for the period of time designed by the permit.
[Ord. 2017-02, 1/12/2017]
No special events shall be held within the boundaries of the Township, unless the sponsor(s) and the owner of the property, or the person in charge of the property upon which the special event will occur, jointly apply for and are granted a permit as hereinafter provided:
No permit shall be granted for a special event beyond normal event hours unless the application specifically requests, and the permit specifically allows, an extension of that time period.
No applicant shall be under 21 years of age.
No permit shall be transferred or assigned.
No person, entity and/or sponsoring organization may hold more than four special events in any calendar year or more than one special event less than 90 days from a prior permitted special event.
[Added by Ord. 2017-08, 9/14/2017]
[Ord. 2017-02, 1/12/2017]
Any sponsor, owner or person in charge desiring to hold a special event, which is not exempted as previously defined in § 13-202, shall apply for a permit by filing an application with the Township on the designated form provided.
All applications shall be submitted not less than 45 days before the promotion and advertising takes place, or the date of the special event, whichever is first.
Upon a showing of good cause, the Township shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain certification of required facilities for the event and if good cause can be demonstrated by the applicant by showing that the circumstances that gave rise to the permit application did not reasonably allow the participant to file within the time prescribed.
Applications shall be made on forms provided by the Township and shall contain at least the following information:
The full legal names, addresses, at least one telephonic contact number, and e-mail addresses (if existing) of all sponsor(s).
The full legal name, address, at least one telephonic contact number, and e-mail address (if existing) of the owner and the person in charge of the property to be utilized for the special event.
The full legal name, address, at least one telephonic contact number, and e-mail address (if existing) of the person who will be present and in charge of the special event on the day of the event.
If the sponsor(s) is (are) a partnership or joint venture, all partners and parties to the joint venture shall sign as applicant. If the sponsor(s) is (are) a corporation, a copy of the Articles of Incorporation and a corporate resolution authorizing the application shall be made a part of the application.
The location and address of the property and/or route to be utilized for the special event.
The dates, days, and times when set-up, the special event, tear-down and clean-up will be conducted.
An estimate of the number of persons expected to attend the special event, including all participants as well as staff, volunteers, vendors and others involved in production of the event.
The program for the special event or, if no program is prepared, a narrative statement as to the purpose for which the special event is to be conducted.
The security and protection that will be provided by the applicant, including specific reference to the number of security personnel assisting in the control of traffic and supervision of those attending, and providers thereof.
Describe whether the special event is a public or private event, and whether admission will be charged.
Maps detailing the proposed site and/or route of the special event, together with written descriptions describing each of the following, to the extent applicable:
Amplification devices to be used outdoors and the purpose;
Areas for spectators or persons attending the event;
All structures existing and to be constructed;
Copies of certificates and licenses for possession and ownership of animals as required by state and federal regulations;
Proposed transportation and parking facilities;
Sanitary and waste disposal facilities and providers thereof;
On-site medical facilities and providers thereof;
Facilities for food and beverage storage, preparation and service;
Proposed event and directional signage;
Lighting and other utility services;
Show start and finish areas for parades and athletic events;
Show the emergency access for emergency fire and medical equipment and vehicles;
Show the location of and fully describe special effect displays, together with a firesafety plan;
The location and a brief description of all vendors known at the time of the application;
Evidence that all permits and licenses as required by any federal, state and local statutes, ordinances and regulations enacted thereunder have been obtained;
A description of the security services measures to be implemented prior to, during and after the special event;
A description of all services requested from the Township;
Applicants' statement that they shall abide by the terms and provisions of this Part and all laws, rules, and regulations of the United States, Commonwealth of Pennsylvania, County of Lebanon, the Township and the special event permit; and
Any supplemental information that the Township shall find reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve or conditionally approve a special event permit.
[Ord. 2017-02, 1/12/2017]
The Township shall approve, conditionally approve or deny any application for the grounds specified in this Part. Such action shall be taken no later than 20 working days after receiving a completed application for a special event. If the application is denied or conditionally approved, the Township shall inform the applicant of the grounds for denial, in writing, or the reason for a change in the date, time, route or location of the event, and his/her right of appeal. If the Township relied on information about the event other than contained in the application, it shall inform the applicant what information was considered. The applicant shall be notified of any permit conditions at the time the application is approved and of his/her right of appeal of the permit conditions. Where the Board of Supervisors has delegated the duty to review and approve or disapprove applications hereunder to another designated Township official, then appeals shall be heard by the Board of Supervisors, whose decision shall be final.
[Ord. 2017-02, 1/12/2017]
The Township shall approve an application for a special event permit, unless it is determined from a consideration of the application or other pertinent information that:
Information contained in the application or supplemental information requested from the applicant is found to be false in any material detail.
The applicant failed to complete the application form after having been notified of the additional information or documents required.
The sole purpose of the event is advertising of any product, good, ware, or merchandise.
Another special event permit application has been received prior in time or has already been approved to hold another event at the same time and place requested by the applicant or so close in time and place as to cause undue traffic congestion or a circumstance such that police or medical services are unable to meet the needs of both events.
The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route or disrupt the use of a street at a time when it is usually subject to great traffic congestion.
The concentration of persons, animals and vehicles at the site of the event or the assembly and disbanding areas around an event will prevent proper emergency services access to areas proximate to the event.
The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the Township streets or a previously granted encroachment permit.
The event will occur at a time when a school is in session at a route or location adjacent to the school or class thereof and the noise created by the activities of the event would substantially disrupt the education activities of the school or class thereof.
If the gathering is to be within, or partially within, a structure, any life safety systems within the structure fail to pass a firesafety code inspection, including, but not limited to, the sprinkler system, alarm system, exit components and their operation, lack of or insufficient staff for control of special event mob control and private water service systems.
The applicant failed to submit a firesafety and evacuation plan for review by the Board of Supervisors or the appropriate Township Code Official.
The applicant failed to provide for adequate security measures to address the health, safety and welfare of the participants of the special event and/or residents of the Township.
Other identifiable public health or safety concerns are identified by the Township which the applicant has not adequately addressed.
When the grounds for denial of an application for permit specified above can be corrected by altering the date, time, duration, route or location of the event, the Township shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed special event as is necessary to achieve compliance with the requirement of this Part.
[Ord. 2017-02, 1/12/2017]
The Township may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place and manner of the event and such requirements as are necessary to protect the safety of persons and property and the control of traffic, provided that such conditions shall not unreasonably restrict the right of free speech. Such conditions include:
Alteration of the date, time, route or location of the special event proposed on the application.
Conditions concerning the area of assembly and disbanding of a parade or other special event occurring along a route.
Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the special event to only a portion of a street traversed.
Requirements for the use of traffic cones or barricades.
Requirements for provision of first aid or sanitary facilities.
Requirements for use of event monitors and providing notice of permit conditions to special event participants.
Restrictions on the number and type of vehicles, animals or structures at the special event and inspection and approval of floats, buildings, structures and decorated vehicles for firesafety.
Compliance with animal protection ordinances and laws.
Requirements for use of garbage containers, cleanup and restoration of Township or other public property and the properties of adjoining persons which may be impacted by the special event.
Restrictions on use of amplified sound and notification to adjacent property owners that amplified sound will be employed.
Requirement of additional security measures to address the health, safety and welfare of the participants of the special event and/or residents of the Township.
An application for a special event permit to conduct a block party may be conditioned on notice to the residents of dwellings along the affected street(s).
Compliance with any relevant ordinance or law and obtaining any legally required permit or license.
The good repair and operating order of all fire protection and life safety systems in accordance with the current edition of the International Fire Code to the satisfaction of the Board of Supervisors or the designated Township Code Official.
Written approval of the designated Township Code Official by the Board of Supervisors relating to the adequacy of the sanitary toilet facilities and sewage disposal facilities at a special event as described in the applicant's application.
The sponsor(s) shall demonstrate that a plan, and means to implement the plan, exists to provide for the adequate implementation of the following facilities:
Each plan must gain the approval of the Board of Supervisors or the appropriate Township Code Official designated by the Township.
[Ord. 2017-02, 1/12/2017]
Prior to the issuance of a special event permit, the permit applicant and an authorized officer of the sponsoring organization, if any, must sign an agreement to reimburse the Township for any costs incurred by it in repairing damage to the Township property occurring in connection with the permitted special event caused by the actions of the permittee, its officers, employees or agents or any person who was under the permittee's control insofar as permitted by law. The agreement shall also provide that the permittee shall defend the Township against and indemnify and hold the Township harmless from any liability to any persons resulting from any damage or injury, including attorneys' fees, occurring in connection with the permitted special event proximately caused by the actions of the permittee, its officers, employees or agents or any person who was under the permittee's control insofar as permitted by law. Persons who merely join in a parade or event are not considered by that reason alone to be under the control of the permittee.
Certificates of insurance issued by an insurance company licensed to do business in Pennsylvania, evidencing comprehensive general liability, or special event public liability, in an amount of at least $1,000,000 for personal injury and property damage shall be required. In the case of event that creates the possibility of special hazards, the Board of Supervisors, in consultation with the Township Solicitor and the Township insurance consultant, may require insurance with higher policy limits than set forth above. A copy of the policy or a certificate of insurance, along with all necessary endorsements, must be filed with the Township no less than 20 days before the date of the event. All such certificates of insurance shall list the Township as an additional insured.
[Ord. 2017-02, 1/12/2017]
Special event permittees shall maintain the sanitary and sewage facilities, parking facilities, security and traffic control personnel, medical service facilities and other facilities and utilities provided in accordance with the plans submitted and approved and in a safe and healthful manner.
No permittee or persons having control of the special event shall condone any illegal conduct on the premises, including, but not limited to, disorderly conduct or illegal possession, sale, or the unlawful use of intoxicating beverages or drugs.
The burden of preserving order during the special event is upon the permittees of the event. Any violations of the laws of the Commonwealth of Pennsylvania, or its rules and regulations, or of the terms and conditions of this Part, or other ordinances of Lebanon County or of the Township, or of the conditions of the permit granted hereunder may be cause for immediate revocation of the permit by the Township 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 special event shall immediately terminate the assembly and provide for the orderly dispersal of those in attendance.
The Township, its authorized agents and representatives, shall be granted access without charge to the special event at all times for the purpose of inspection and enforcement of the terms and conditions imposed herein.
No entertainment, amusement, or use of sound-amplification equipment shall be provided or permitted between the hours of 10:00 p.m. and 1:00 p.m. Sundays; 10:00 p.m. and 10:00 a.m. Monday through Thursday, and 11:00 p.m. and 10:00 a.m. Friday and Saturday, unless otherwise permitted by the Township.
Sponsor(s) of the special event and/or the person in charge of the property, or their designated agents or representatives, shall at all times be in attendance at the special event and shall be responsible for ensuring that no person shall be allowed to remain on the premises who is violating any commonwealth or Township laws, ordinances, rules or regulations of the Commonwealth of Pennsylvania and/or of Swatara Township.
At the conclusion of the permitted time period for the special event, the permittee shall terminate the assembly or gathering and shall supervise the orderly dispersal of those in attendance. No one shall be permitted to remain overnight on the licensed premises, except permanent residents, unless temporary overnight accommodations were previously approved by the Township, in writing, pursuant to the application process of this Part.
[Ord. 2017-02, 1/12/2017]
This Part shall in no way be a substitute for, nor eliminate the necessity of, complying with any and all United States and commonwealth laws, rules and regulations and county and Township ordinances which are now, or may be in the future, in effect which pertain to the conduct of special events.
[Ord. 2017-02, 1/12/2017]
Noncompliance with any portion of the special event permit or this Part may constitute a basis for the immediate revocation of the permit by the Township or the appropriate Township Code Official designated by the Board of Supervisors.
[Ord. 2017-02, 1/12/2017]
Application Fee. The application for a permit shall be accompanied by a nonrefundable permit application fee, established by resolution, which shall cover the actual full costs, or a portion thereof, of processing and investigating applications and administering the special event permit program.
Cleanup Deposit. The applicant for a special event to be held on public property or on a public street, right-of-way or alley may be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit shall be returned after the event if the area used has been cleaned and restored to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored promptly following the end of the event, the permittee shall be billed for the actual cost by the Township for cleanup and restoration, and the cleanup deposit or a portion thereof shall be applied toward payment of the bill. If the permittee disputes the bill, he/she may appeal to the Township within 10 days after the mail date of the bill. Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the permittee. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the Township upon billing.
[Ord. 2017-02, 1/12/2017]
Any person, association, partnership, firm, corporation, joint venture, or any other legal entity who initiates, organizes, promotes, permits, conducts, or causes to be advertised a special event without obtaining the permit provided in this Part, or who knowingly conducts, permits, or allows a special event with a permit but in violation of the terms and provisions of this Part or of the permit granted, or who shall counsel, aid or abet such violation or failure to comply, upon conviction thereof by any Magisterial District Justice, shall be subject to a fine of not more than $1,000, together with costs and attorneys' fees. In default of the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding 30 days.
Nothing herein contained shall preclude the Township from instituting proceedings at law or in equity, seeking any attorneys' fees and costs, to prevent and/or cease the operation of a special event not in conformity with the terms and provisions of this Part.
[Ord. 2017-02, 1/12/2017]
Any person who desires a waiver of any provision hereof or of the application of this Part as a whole to any event or gathering which may constitute a special event may apply to the Board of Supervisors for such relief.
The Board of Supervisors may, but shall not be required to, grant any waiver requested, with or without conditions. Waiver requests may be granted, in the sole discretion of the Board of Supervisors, based on a showing of:
In no event shall a waiver be granted if the waiver granted is likely to result in an event or gathering being unsafe or disruptive to the quality of life of the residents of the Township.