[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:
The Board of Supervisors of the Township of Swatara Township.
The provision of any lawful service through the transmission
of electrical or electronic signals.
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]
1.
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.
A.
The franchise will take effect when signed by both parties.
B.
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]
1.
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:
A.
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.
B.
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]
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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]
1.
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.
2.
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.
3.
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]
1.
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.
2.
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]
1.
All applicants for a franchise shall submit to the Township a statement
containing the following:
A.
Name of the applicant.
B.
Address of the applicant.
C.
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.
D.
Description of the area to be covered by the franchise.
2.
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]
1.
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.
2.
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:
A.
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.
B.
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.
C.
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]
1.
A franchise may be renewed by the Township pursuant to the procedures
established in this section and applicable federal and state law and
regulations.
A.
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:
B.
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.
C.
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:
(1)
The grantee has substantially complied with the material terms
of the existing franchise.
(2)
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.
(3)
The grantee has the financial, legal and technical ability to
provide the cable services, facilities and equipment as set forth
in the proposal; and,
(4)
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.
|
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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;
Use of special effects, including open flame or other potentially
dangerous displays;
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;
Placement of temporary directional, promotion or other signs
or barricades on a public right-of-way;
Obstruct, delay or interfere with the normal flow of pedestrian
or vehicular traffic and/or does not comply with traffic laws and
controls;
A gathering at which 50 or more persons are likely to attend;
or
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.
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:
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.
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:
1.
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.
2.
No applicant shall be under 21 years of age.
3.
No permit shall be transferred or assigned.
4.
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]
1.
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.
2.
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.
3.
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.
4.
Applications shall be made on forms provided by the Township and
shall contain at least the following information:
A.
The full legal names, addresses, at least one telephonic contact
number, and e-mail addresses (if existing) of all sponsor(s).
B.
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.
C.
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.
D.
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.
E.
The location and address of the property and/or route to be utilized
for the special event.
F.
The dates, days, and times when set-up, the special event, tear-down
and clean-up will be conducted.
G.
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.
H.
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.
I.
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.
J.
Describe whether the special event is a public or private event,
and whether admission will be charged.
K.
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:
(1)
Amplification devices to be used outdoors and the purpose;
(2)
Areas for spectators or persons attending the event;
(3)
All structures existing and to be constructed;
(4)
Copies of certificates and licenses for possession and ownership
of animals as required by state and federal regulations;
(5)
Proposed transportation and parking facilities;
(6)
Sanitary and waste disposal facilities and providers thereof;
(7)
On-site medical facilities and providers thereof;
(8)
Facilities for food and beverage storage, preparation and service;
(9)
Proposed event and directional signage;
(10)
Lighting and other utility services;
(11)
Show start and finish areas for parades and athletic events;
(12)
Show the emergency access for emergency fire and medical equipment
and vehicles;
(13)
Show the location of and fully describe special effect displays,
together with a firesafety plan;
(14)
The location and a brief description of all vendors known at
the time of the application;
L.
Evidence that all permits and licenses as required by any federal,
state and local statutes, ordinances and regulations enacted thereunder
have been obtained;
M.
A description of the security services measures to be implemented
prior to, during and after the special event;
N.
A description of all services requested from the Township;
O.
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
P.
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]
1.
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:
A.
Information contained in the application or supplemental information
requested from the applicant is found to be false in any material
detail.
B.
The applicant failed to complete the application form after having
been notified of the additional information or documents required.
C.
The sole purpose of the event is advertising of any product, good,
ware, or merchandise.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
The applicant failed to submit a firesafety and evacuation plan for
review by the Board of Supervisors or the appropriate Township Code
Official.
K.
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.
L.
Other identifiable public health or safety concerns are identified
by the Township which the applicant has not adequately addressed.
2.
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:
1.
Alteration of the date, time, route or location of the special event
proposed on the application.
2.
Conditions concerning the area of assembly and disbanding of a parade
or other special event occurring along a route.
3.
Conditions concerning accommodation of pedestrian or vehicular traffic,
including restricting the special event to only a portion of a street
traversed.
4.
Requirements for the use of traffic cones or barricades.
5.
Requirements for provision of first aid or sanitary facilities.
6.
Requirements for use of event monitors and providing notice of permit
conditions to special event participants.
7.
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.
8.
Compliance with animal protection ordinances and laws.
9.
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.
10.
Restrictions on use of amplified sound and notification to adjacent
property owners that amplified sound will be employed.
11.
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.
12.
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).
13.
Compliance with any relevant ordinance or law and obtaining any legally
required permit or license.
15.
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.
16.
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.
17.
Public Safety:
[Ord. 2017-02, 1/12/2017]
1.
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.
2.
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]
1.
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.
2.
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.
3.
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.
4.
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.
A.
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.
B.
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.
C.
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]
1.
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.
2.
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]
1.
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.
2.
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]
1.
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.
2.
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:
3.
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.
