[Adopted 7-25-2017 by Ord. No. 2017-16]
As used in this article, the following words and phrases shall
have the meanings given in this section, as follows:
Any person who or which seeks a special event permit from
the Township to conduct or sponsor an event governed by this article.
Any entity or organization shall designate a natural person as the
responsible contact person.
An occasion in which a group of persons collectively engage
in an organized sport or form of physical exercise on or in a public
right-of-way, Township property or other park open to the public which
uses said right-of-way or property or 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
bicycle and foot races.
A one-day outdoor event, organized by the residents of a
Township neighborhood, utilizing a Township right-of-way for social
or entertainment purposes, including barbecues, picnics, music or
games. Block party permits are limited to "Residential" districts,
as defined in the Zoning Code.
The Pennsylvania Department of Conservation and National
Resources.
Millcreek Township Office of Emergency Management.
A march or procession consisting of persons, animals or vehicles
or any combination thereof on any Township street, sidewalk, alley
or other street right-of-way which obstructs, delays or interferes
with the normal flow of pedestrian or vehicular traffic and/or does
not comply with traffic laws or controls.
Any person, entity and any sponsoring organization who has
been issued a special event permit by the Township.
Any individual, association, limited-liability company, partnership
or corporation, and includes any officer, employee, department, agency
or instrumentality of a state or any political subdivision of a state.
Whenever used in any clause prescribing and imposing a penalty, "person"
includes the individual members, partners, officers and managers,
or any of them, of partnerships and associations and, as for corporations,
the officers and managers thereof or any of them.
Public streets, alleys and crosswalks, including bike and
pedestrian paths.
Any of the following events:
Parades.
Street fairs.
Block party.
Athletic event.
Air shows.
Obstacle-course-style races.
Events that may exceed limits specified in the Noise Ordinance.[1]
Events where temporary structures are constructed for the event, unless exempted in § 40-55B.
Events that exceed the parking capacity for the venue.
Any event during which 500 or more attendees are expected to
be present or reasonably should be expected to be present at any single
time during the event.
Any events determined by the Township that are reasonably expected
to obstruct, delay, or interfere with the normal flow of pedestrian
or vehicular traffic or do not comply with traffic laws and controls
or any event that requires for its successful execution the provision
and coordination of Township Emergency Services to a degree over and
above that which the Township routinely provides.
Notwithstanding the foregoing, any of the following events held
at or on Presque Isle State Park:
Walk or run events with 500 or more participants, or any event
with over 1,000 participants.
All events involving bicycling and/or swimming.
Any organized event involving obstacle courses.
Organized sporting events occurring on a beach.
Any event involving persons entering or using Lake Erie or Presque
Isle Bay from the months of October to May.
Any event utilizing DCNR and/or Township roadways.
Any other events determined by DCNR to require a special events
plan to hold the event at Presque Isle State Park.
Any event that is reasonably determined by the Township's Office
of Emergency Management as requiring a special events permit due to
its potential impact on the health, safety or welfare of the Township's
residents, event attendees and the traveling public within Millcreek
Township. The Township's decision to require a special event permit
does not eliminate the need for a rental agreement.
A permit issued under this article by the Township authorizing
a special event.
The Township of Millcreek, Erie County, Pennsylvania.
Property owned or leased by the Township, excluding public
right-of-way. Examples of Township property include public parks and
municipal buildings.
A.
Any person desiring to conduct or sponsor a special event in the Township shall first obtain a special event permit from the Township per the process specified in § 40-56 of this article.
B.
A special event permit is not required for the following, unless
the OEM determines a special event permit is necessary under Subsection
D of the definition of special event in § 45-54:
(1)
Private residential social gatherings, such as graduation parties,
birthday parties, or other similar private affairs, which are not
held open to the general public;
(2)
An event which has an estimated total attendance of less than 500
people at any one time unless such event is known to impact traffic
and/or other Township services;
(3)
Funeral processions; or
(4)
Normal day-of-worship church services and youth-oriented summer programs
and vacation bible schools.
A.
Any person, desiring to sponsor a special event shall apply for a
special event permit by filing an application with the Township on
a form prescribed by the Township.
B.
Except as provided below, all applications shall be submitted not
less than 60 days before the date of the event:
(1)
Any event expecting a crowd of 5,000 or more people shall submit
its special events application at least 90 days in advance of the
date of the event.
(2)
Any event held on Presque Isle State Park that requires approval
from the DCNR shall submit its special events application within the
same time frame required by DCNR.
C.
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 police services
for the event. 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.
D.
The applicant shall submit the completed special event permit application to the OEM at least 60 days prior to the special event. An application will not be determined completed unless it contains all of the information specified in § 40-57 of this article.
E.
The OEM shall coordinate with all relevant agencies and Township departments and shall approve, conditionally approve, or deny an application in accordance with the criteria outlined in § 40-59 of this article within 21 days of receiving a completed application. Failure to issue an approval, conditional approval or denial of an application within 21 days of receiving a completed application shall be deemed a denial as of the 21st day. An applicant may waive in writing the time frames in this section.
F.
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 right of appeal. If the Township relied on information about the event other than that contained in the application, it shall inform the applicant what information it considered. The applicant shall be notified of any permit conditions at the time the application is approved and of his right of appeal of the permit conditions. If the Township refuses to consider a late application under § 40-56C of this article, the Township shall inform the applicant of its reason for the refusal and of his right to appeal.
G.
If the application is denied, the applicant can appeal the decision
to the Township Supervisors within 14 days of the date the special
events permit is denied, and the Township Supervisors shall hear the
appeal at their next regularly scheduled Township Supervisor Meeting.
The application for a special event permit shall be on a form,
and in a format, as prescribed by the Township. At a minimum, this
form shall contain the following information:
A.
The name, address, telephone number, and e-mail of the applicant
and an alternative contact person.
B.
A copy of the applicant's driver's license.
C.
The name, address, telephone number, and e-mail of the property owner
where the special event is to occur.
D.
If the special event is proposed to be sponsored by an organization,
the name, address and telephone number of the organization and the
authorized officer or head of the organization.
E.
The name, address, telephone number, and e-mail of the person who
will be present and in charge of the special event on the day of the
event and be the emergency contact for the special event.
F.
A brief narrative specifying the nature and/or purpose of the special
event.
G.
The date and estimated starting and ending times of the special event.
H.
The location of the special event, including a description of its
boundaries.
I.
A map and/or diagram of the proposed site of the special event which
includes parking information.
J.
Parking requirements for the special event.
K.
The estimated number of participants and/or spectators.
L.
The type and estimated number of vehicles, animals and structures
that will be used at the event and whether there will be water aid
stations or first aid stations at the special event.
M.
Information on temporary structures (e.g., tents, stages, etc.) that
will be placed on the property where the special event will occur.
N.
Whether any food or beverages or alcoholic beverages will be sold
at the special event, and, if so, copies of all necessary food and/or
alcohol permits and/or approvals issued from the Erie County Department
of Health and/or the Pennsylvania Liquor Control Board must be forwarded
to the Township prior to the date of the special event.
O.
A clean-up plan for the special event if it is held on public property.
P.
If the event consists of over 5,000 participants, a copy of the approved
emergency medical services plan, required by the Pennsylvania Department
of Health, must be forwarded to the Township prior to the date of
the special event.
At the time the applicant submits the special event application,
the applicant shall pay any nonrefundable fees in accordance with
the schedule of fees determined by the Board of Supervisors by resolution
for special event permits to defray the administrative costs of the
Township in reviewing the application and issuing/denying any permit.
Provided, however, that the permit fees outlined in this section may
be waived for governmental organizations such as school districts,
fire departments and local, county, state, or federal agencies.
A.
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:
(1)
The special event permit application is not administratively complete.
For purposes of this section, the special event permit application
will be determined to be not administratively complete for any of
the following reasons:
(2)
The special event is of such magnitude as a decision on the permit
application cannot be made within the time period provided to the
Office of Emergency Management under this chapter.
(3)
The special event:
(a)
Will substantially interrupt the safe and orderly movement of
traffic within the Township so as to create a real and present danger
to the health, safety, and welfare of the residents of the Township;
(b)
Will create a real and present danger to the health, safety,
and welfare of the citizens of the Township by preventing firefighting
equipment, ambulance service rescue vehicles, and/or police vehicles
from being able to reach any property within the Township;
(c)
Is reasonably likely to cause injury to persons or property
or to provoke disorderly conduct or to create an unreasonable disturbance;
(d)
Will cause undue hardship to adjacent businesses or residents
or require the diversion of an inordinate number of public employees
that allowing the special event to proceed would unreasonably deny
service to the remainder of the Township;
(e)
Will pose a danger to the general health, safety, or welfare
to the Township's residents;
(f)
Will violate federal, state, or local law, including the Township
Code and zoning requirements; or
(g)
Will unduly interfere with the peace and quiet of the residents
in the neighborhood where the special event will occur.
B.
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.
(1)
Such conditions include, but are not limited to, the following:
(a)
Alteration of the date, time, route or location of the event
proposed on the event application.
(b)
Conditions concerning accommodation of pedestrian or vehicular
traffic, including restricting the event to only a portion of a street
traversed.
(c)
Requirements for the use of traffic cones or barricades.
(d)
Requirements for provision of first aid, emergency medical services,
fire, police or OEM coverage, or sanitary facilities.
(e)
Requirements for use of event monitors and providing notice
of permit conditions to event participants.
(f)
Restrictions on the number and type of vehicles, animals or
structures at the event and inspection and approval of floats, buildings,
structures and decorated vehicles for fire safety by the Millcreek
Township Emergency Management Coordinator.
(g)
Compliance with animal protection ordinances and laws.
(h)
Requirements for use of garbage containers (and recycling receptacles
for events with over 500 attendees), cleanup and restoration of public
right-of-way or Township property and the properties of adjoining
persons which may be impacted by the special event.
(i)
Restrictions on use of amplified sound.
(j)
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).
(2)
The issuance of a special event permit does not exempt the event
from compliance with the noise ordinance.
C.
A special event permit may be revoked at any time by the Township
Supervisors and/or their designees, including the OEM, the Police
Chief, or other member of the Township Police Department, for good
cause, including, but not limited to, in response to acts or threatened
acts of vandalism, violence, rowdiness, or other unlawfulness, or
upon threats to the health, safety, and welfare of the Township, its
residents, or its visitors.
A.
The Township shall issue the special event permit once the application
has been approved and the applicant has agreed, in writing, to comply
with the terms and conditions of the permit and the applicant completes
the following:
(1)
Indemnification agreement. The 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 Township property occurring in connection with the permitted 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. 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 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.
(2)
Proof of insurance coverage. The applicant for a special event permit
must possess or obtain insurance in the type(s) of coverage and in
amounts acceptable to the Township prior to the Township granting
the person a special event permit. Such insurance shall name on the
policy or by endorsement as a named additional insured Millcreek Township,
its officers, employees and agents. The accepted insurance must be
maintained for the duration of the event.
(3)
Deposits.
(a)
The applicant must provide the following deposits to the extent
determined by the Township to be applicable:
[1]
Clean-up deposit. For all special events held on public right-of-way and/or Township property, a clean-up deposit in accordance with the schedule of fees determined by the Board of Supervisors by resolution for special events permits shall be assessed and held by the Township pursuant to § 40-63B of this article;
[2]
Police/emergency services deposit. For all special events requiring
police and/or emergency services as determined by the OEM, a police/emergency
services fee deposit in accordance with the schedule of fees determined
by the Board of Supervisors by resolution for special events permits.
[3]
Other deposits. To the extent the special event requires the
Township to make other preparations for said special event, a deposit
fee to defray the cost of such preparation shall be assessed in accordance
with the schedule of fees determined by the Board of Supervisors by
resolution for special events permits.
(b)
The foregoing deposits will be applied to compensate the Township
for the Township's corresponding out-of-pocket expenses. In the event
the Township's corresponding out-of-pocket expenses are less than
the amount retained by the deposit, the difference will be refunded
to the applicant.
(4)
Authorization of Township to enter. For special events which will
be held on property other than public right-of-way or Township property,
the applicant must execute an acknowledgment and authorization permitting
the Township's employees and/or officials to enter the property where
the special event will be held to determine the accuracy of the submitted
information and conditions before, during, and after special event
activities.
B.
The special event permit issued by the Township shall only be effective
upon the applicant signing the special event permit.
A.
Each permittee of an event shall comply with all terms and conditions
of the special event permit.
B.
Each permittee of an event shall ensure that any public right-of-way
and/or Township property used for the special event is cleaned and
restored to the same condition as existed prior to the event immediately
following the completion of the event.
C.
Each permittee of a special event shall obtain all required inspections
as indicated on the special events permit prior to holding the event.
A.
It shall be unlawful for any person to sponsor an event that fits
within the definition of a special event under this article unless
a valid special event permit has been issued for the event.
B.
The special event permit authorizes the permittee/sponsor to conduct
only such event as is described in the permit and in accordance with
the terms and conditions of the permit. It is unlawful for the permittee/sponsor
to violate the terms and conditions of the permit or for any event
participant with knowledge thereof to violate the terms and conditions
of the permit.
A.
Any person who shall violate the provisions of this article shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not less than $500 and not more than $1,000 plus all costs and attorneys' fees incurred by the Township, in addition to any sums due under §§ 40-58 and 40-60A(3) of this article and other applicable provisions of this article. All costs and attorneys' fees shall be recovered in accordance with Chapter 48 of the Millcreek Code.
B.
Any person, firm, corporation or association which conducts or sponsors
an event without first providing the necessary fees and deposits shall
be billed for the actual cost to the Township for police and cleanup
services. Failure to pay any such bill for services within 15 days
shall result in the imposition of a ten-percent penalty and interest
at the rate of 1% per month until collected.
