[HISTORY: Adopted by the Borough Council of the Borough of
West Reading 4-17-2018 by Ord.
No. 1087. Amendments noted where applicable.]
As used in this chapter, unless the context requires otherwise,
the following terms shall have the meanings indicated:
The Borough of West Reading, Berks County, Pennsylvania.
Persons employed by the sponsor (as herein defined).
Persons related by blood or marriage, however distant, to
the sponsor (as herein defined).
Persons whose memberships in the sponsor (as herein defined)
predate the day upon which the special event/public gathering is to
occur by at least 30 days.
An agent and his/her principal, occupant, lessee, contract
purchaser, or person other than the owner, having possession or control
of property in the Borough on which the special event/public gathering
is to occur.
All gatherings of individuals reasonably anticipated to attract
more than 250 in number, for a period of two or more hours, excluding:
A special event/public gathering for religious purposes;
A special event/public gathering sponsored in whole or in part
by public or private schools and/or colleges;
A special event/public gathering for purposes of lawful picketing;
A meeting of a governmental unit or agency governed by the terms
of the Pennsylvania Sunshine Act (65 Pa.C.S.A. §§ 701
through 716), as such Act is amended from time to time.
A special event/public gathering at which attendance is limited
solely to employees, family members (all as herein defined) and their
guests; provided, however, that all picnics, festivals, carnivals,
circuses, shows and entertainment activities reasonably anticipated
to attract more than 250 in number, for a period of two or more hours,
shall be subject to the terms and provisions of this chapter.
An event occurring at a property having a nonresidential use
and contained entirely within a building, so long as the event is
conducted in the ordinary and customary course of the business or
property use.
Any natural person, association, partnership, firm, corporation,
joint venture or any other legal entity whatsoever who or which initiates,
organizes, promotes, permits, conducts or causes to be advertised
a special event/public gathering.
It shall be unlawful for any sponsor, owner of property or person
in charge of property to initiate, organize, promote, permit, conduct
or cause to be advertised a special event/public gathering, unless
a permit has been obtained pursuant to this chapter. A separate permit
shall be required for each special event/public gathering.
No special event/public gathering shall be held within the boundaries
of the Borough unless the sponsor(s) and the owner of the property,
or the person in charge of the property upon which the special event/public
gathering will occur, jointly apply for and are granted a permit as
hereinafter provided:
A.
No applicant shall be under 21 years of age;
B.
No permit may be transferred or assigned; and
C.
In case of disputes over the number of persons reasonably anticipated
to attend the special event/public gathering, the Council members
of the Borough reserve the right to make a final decision as to the
number of persons reasonably anticipated to attend the special event/public
gathering.
Written application for each special event/public gathering
shall be made to the Borough according to the following schedule:
A.
For a special event/public gathering numbering 250 to 2,000 persons,
at any one time, written application must be made 30 days prior to
the first day upon which public announcement, promotion or advertising
is to be made or the day upon which the special event/public gathering
is to commence, whichever first occurs; for a special event/public
gathering numbering 2,000 or more persons, at any one time, written
application must be made 60 days prior to the first day upon which
public announcement, promotion or advertising is to be made or the
day upon which the special event/public gathering is to commence,
whichever first occurs.
B.
Application shall be made on forms provided by the Borough and shall
contain, at least, the following information:
(1)
The full legal names, addresses and telephone numbers of all sponsors.
(2)
The full legal name and address of the owner and the person in charge
of the property to be utilized for the special event/public gathering.
(3)
If the sponsor(s) is a partnership or joint venture, all partners
and parties to the joint venture shall sign as applicant. If the sponsor(s)
is a corporation, a copy of the Articles of Incorporation and a corporate
resolution authorizing the application shall be made a part of the
application.
(4)
The location and address of the property to be utilized for the special
event/public gathering.
(5)
The program for the special event/public gathering or, if no program
is prepared, a narrative statement as to the purpose for which the
special event/public gathering is to be conducted.
(6)
A diagrammatic plan of the proposed site of the special event/public
gathering showing the locations and dimensions of the area where the
programmed entertainment, amusement or recreation is to be conducted,
areas for spectators or persons attending the event, all structures
existing and to be constructed, potable water facilities, sanitary
facilities, medical service facilities, and facilities for and distribution
of security personnel, if necessary, of the proposed site.
(7)
Evidence that all permits and licenses as required by the state and
county statutes, ordinances and regulations enacted thereunder have
been obtained.
(8)
A statement of the number of persons expected to attend the special
event/public gathering and the duration of the same.
(9)
Specific information and details relating to:
(a)
Sanitary and waste disposal facilities and providers thereof;
(b)
Security and protection of surrounding areas, including specific
reference to the number of security personnel assisting in the control
of traffic and supervision of those attending, and providers thereof;
(c)
On-site medical facilities and providers thereof;
(d)
Trash removal and site restoration and providers thereof, immediately
following the special event/public gathering; and
(e)
Lighting and other utility services.
(10)
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.
(11)
Examples of all proposed advertising of the event, if any.
(12)
Applicants' statement that they shall abide by the terms
and provisions of this chapter, and all laws, rules and regulations
of the United States, Commonwealth of Pennsylvania, County of Berks
and Borough.
(13)
Evidence of temporary special occasion permit from the Pennsylvania
State Liquor Control Board for events including the legal sale of
liquor and/or malt or brewed beverages and a diagram showing the area
where such sales shall take place and the measures of controls to
be implemented.
Any permit issued by the Borough shall be expressly conditioned
upon satisfaction and completion of the conditions recited in this
section; furthermore, failure to satisfy the following conditions
shall constitute grounds for the immediate revocation of the permit
by the Borough and the cancellation of the special event/public gathering:
A.
Sanitary facilities: the number and location of restroom facilities
to be made available to the public and location, including the use
of portable facilities.
B.
Public safety.
(1)
Security: The sponsor(s) shall demonstrate that a plan, and means
to implement the plan, exists to provide for adequate traffic control
and crowd control, which plan is approved by a designated Borough
Police Department representative.
(2)
Enclosures: The sponsor(s) shall demonstrate that a plan, and means
to implement the plan, exists to have the location where the special
event/public gathering is to be held enclosed with snow fencing or
other similar material of equivalent strength of not less than four
feet in height, if admission is charged and attendance is reasonably
expected to exceed 2,000 persons.
(3)
Medical services: The sponsor(s) shall demonstrate that a plan, and
a means to implement the plan, exists to provide sufficient medical
services to the special event/public gathering. Identification of
the company or person supplying this service shall be provided.
(4)
Parking facilities: The sponsor(s) shall demonstrate that a plan
exists to provide adequate parking facilities appropriate to the anticipated
number of persons in attendance.
C.
Trash and recycling. The Borough will provide trash and recycling
containers sufficient to contain all trash and recycling generated
as a result of a community event or other special event. The special
event recycling containers are provided for event use only and are
clearly marked for recycling purposes. Organizers must provide adequate
signage so attendees will know how to properly dispose of their refuse
and recycling, and must encourage those attending to keep the venue
free from litter by ensuring that trash and recycling containers are
being used as intended. The Borough will remove all trash and recycling
at the conclusion of the event.
[Added 8-21-2018 by Ord.
No. 1093]
A.
Special event/public gathering 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.
B.
No permittee, or persons having control of the special event/public
gathering, shall condone any illegal conduct on the premises, including,
but not limited to, disorderly conduct or illegal possession, sale
or use of drugs or unlicensed sales of alcohol.
C.
The burden of preserving order during the special event/public gathering
is upon the permittees of the special event/public gathering. Any
violations of the laws of the Commonwealth of Pennsylvania, or its
rules and regulations, or of the terms and conditions of this chapter
or other ordinances of Berks County or of the Borough or of the conditions
of the permit granted hereunder may be cause for immediate revocation
of the permit by the Borough 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/public gathering shall
immediately terminate the assembly and provide for the orderly dispersal
of those in attendance.
D.
The Borough, its authorized agents and representatives shall be granted
access to the special event/public gathering at all times for the
purpose of inspection and enforcement of the terms and conditions
imposed herein.
E.
No entertainment, amusement or use of sound amplification equipment
shall be provided or permitted between the hours of 10:00 p.m. and
7:00 a.m.
F.
The sponsor(s) of the special event/public gathering 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/public gathering
and shall be responsible for ensuring that no person shall be allowed
to remain on the premises who is violating any state or Borough laws,
ordinances, rules or regulations.
G.
Special events/public gatherings operating without a permit under
this chapter based on a reasonable anticipation of fewer than 500
persons in attendance shall limit attendance therein to 499 persons,
and printed tickets, if utilized, shall not number more than 499.
H.
At the conclusion of the program, 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 Borough,
in writing, pursuant to the application process of this chapter.
I.
For special events/public gatherings where a public highway will
require partial or full closure for the event, a street closure permit
must be obtained in addition to any permit required under this chapter.
A separate application must be obtained from the Borough.
This chapter shall in no way be a substitute for, nor eliminate
the necessity of, complying with any and all federal and state laws,
rules and regulations, and county and Borough ordinances which are
now, or may be in the future, in effect which pertain to the conduct
of special events/public gatherings.
Misrepresentation of any information submitted to the Borough
may constitute a basis for the denial of a permit. Noncompliance with
any portion of this chapter may also constitute a basis for the revocation
of a permit.
A.
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/public gathering
without obtaining the permit provided in this chapter, or who knowingly
conducts, permits or allows a special event/public gathering with
a permit but in violation of the terms and provisions of this chapter
and of the permit granted, or who shall counsel, aid or abet such
violation or failure to comply, upon conviction thereof by any District
Justice, shall be subject to a fine of not less than $250 nor more
than $600, together with costs. In default of the payment of any fine,
the defendant shall be sentenced to jail for a period not exceeding
30 days.
B.
Nothing herein contained shall preclude the Borough from instituting
proceedings at law or in equity to prevent and/or cease the operation
of a special event/public gathering not in conformity with the terms
and provisions of this chapter.
Sponsors desiring to hold a special event/public gathering within
the Borough of West Reading shall submit fees to the Borough Secretary
in accordance with the following conditions:
A.
A permit application fee shall be submitted with the permit application
to the Borough Secretary. The permit fee shall be determined and set
from time to time by resolution of the Borough Council.
B.
The sponsor(s) shall pay a police services fee for the cost of the
public safety services provided by the Borough of West Reading Police
Department, other than those performed in connection with the review
of an application under this chapter. The sponsor(s) shall submit
a deposit of 75% of the estimated total cost of the police services
with the permit application. The final determination of the total
police services fee shall be based on the current hourly rate per
officer in accordance with a fee schedule adopted pursuant to resolution
of the Borough Council as may be amended from time to time.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of Borough
Council that this chapter would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
This chapter shall become effective upon enactment.
The Code of Ordinances of the Borough of West Reading, Berks
County, Pennsylvania, as amended, shall be and remain unchanged and
in full force and effect except as amended, supplemented and modified
by this chapter. This chapter shall become part of the Code of Ordinances
of the Borough of West Reading, Berks County, Pennsylvania, as amended,
upon adoption.
