[HISTORY: Adopted by the Board of Supervisors of the Township
of Pocopson 12-26-2018 by Ord. No. 2-2018. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have
the following meanings indicated:
The individual, corporation, or entity who owns the property
on which the event is proposed to held on.[1]
A temporary single event or series of events that, because
of its nature, interest, location, promotion or any combination of
similar influences, is expected to draw a large number of persons,
proposed to be held on Township property, or on private property but
impacting Township property or roadways, and/or requiring the use
of support services. Special event shall include, but not be limited
to races, festivals, shows, neighborhood celebrations, sporting events,
public events which are privately sponsored but open to the public,
or similar activities generally considered to be recreational in nature.
The term shall not include: activities that are part of the normal
operations of or are customary or incidental to the approved principal
use of the property (examples include, but are not limited to, private
events inside a restaurant facility, weddings at a church, student
activities at a school, fundraising events at an educational use,
etc.); an event whose estimated total attendance of all participants
is anticipated to be less than 300 people; or an event officially
sponsored or organized by the federal, state or local government or
any agency thereof, or the Township activities with significant commercial
emphasis, including the sale, marketing and/or promotion of products
or services to be consumed, utilized or provided outside of the special
event, may be subject to regulation as a commercial activity under
the Zoning Chapter rather than as special events under this chapter.
[Amended 6-24-2019 by Ord. No. 6-2019]
The person, group, corporation or other entity responsible
for organizing the event.
Those services which can or must be provided by the Township
to ensure that an event is conducted in such a manner as to protect
the rights, safety, health, property and general welfare of its citizens.
This includes but is not limited to crowd management and control,
traffic management and waste management.
[1]
Editor's Note: The former definitions of "community event"
and "outside support services," which immediately preceded this definition,
were repealed 6-24-2019 by Ord. No. 6-2019.
[Amended 6-24-2019 by Ord. No. 6-2019]
No sponsor or owner shall conduct any special event in the Township
without first having obtained a permit from the Township.
[Amended 6-24-2019 by Ord. No. 6-2019]
A.
The Township shall develop an application for a special event permit.
The Township application for a permit for a special event shall be
submitted by the sponsor to the Township's Code Enforcement Officer
or his designee no less than 30 days prior to the special event. The
time period for submission may be waived by the Township Codes Enforcement
Officer or his designee, at his sole discretion, for good cause shown.
B.
The Township Codes Enforcement Officer or his designee may waive
the application fee, at his sole discretion, for spontaneous special
events for celebrations important to the Township, the Commonwealth
of Pennsylvania and the nation, including but not limited to the celebration
of local sports teams and the end of wars or other conflicts of national
significance.
C.
The application shall be further accompanied by an application fee
and such other information as may be required by the Township Codes
Enforcement Officer or his designee.
[Amended 6-24-2019 by Ord. No. 6-2019]
A.
Township review of the application is to provide a mechanism which
will allow the Township to plan, evaluate and coordinate special events,
for the establishment of terms and conditions within which the event
may be conducted and for the sponsor to plan and manage the event
within the context of the established terms and conditions.
B.
Township review of special events shall involve input from the following
Township personnel:
(1)
Township Codes Enforcement Officer.
(2)
Public Works Director.
(3)
Additional Township personnel may be involved at the discretion of
the Township Codes Enforcement Officer or his designee.
(4)
Township review may also include notification of the Pennsylvania
State Police and the local fire and emergency services who provide
services within the Township.
C.
The personnel conducting the Township review shall recommend approval
or disapproval of a proposed special event, submit the conditions
required if approved, and submit an estimate of costs of support services
and any other related issues to the Township Codes Enforcement Officer
or his designee in a timely manner so as not to delay approval or
denial of the permit.
D.
Final approval of a permit for the special event proposed along with
all costs and conditions shall be made by the Township Codes Enforcement
Officer or his designee. Where the permit application requires street
closures of Township roads, final approval shall be by the Township
Board of Supervisors at a public meeting of the Township Board of
Supervisors.
[Amended 6-24-2019 by Ord. No. 6-2019]
A.
The Township Codes Enforcement Officer or his designee shall issue
a written approval or denial of the permit for a special event, which
does not require closure of Township roads, within 10 business days
of receipt of a competed application.
B.
The Board of Supervisors shall issue a written approval or denial
of the permit for a special event, which requires closure of Township
roads, within two business days after the Board of Supervisor's
next regular Board meeting occurring seven business days after receipt
of a completed application.
C.
If the permit is approved, the permit shall include any costs and/or
conditions attached to the approval. If the notification is a denial,
it shall include the reasons for denial.
A.
Township ordinances. Approval to conduct a special event does not
relieve the sponsor, owner or any participants, from compliance with
other Township Ordinance requirements.
[Amended 6-24-2019 by Ord. No. 6-2019]
B.
Other laws, permits or licenses. The sponsor, owner and their contractors
and vendors are required to comply with all other county, state and
federal laws and obtain all other required permits or licenses.
[Amended 6-24-2019 by Ord. No. 6-2019]
C.
Parking. The sponsor shall set forth in it is application a plan
to provide all parking for the special event. Such plan shall include
ingress and egress of vehicles to and from the property, interior
circulation of vehicles and parking, including handicapped parking.
In the event the sponsor anticipates the necessity for additional
parking facilities off-site, the sponsor shall demonstrate that it
has a written agreement with the off-site location(s) for parking
and there is either a shuttle service from the off-site location or
safe pedestrian access to the property on which the special event
will occur. The sponsor shall also provide information regarding how
it will advise attendees of the parking plan.
D.
Traffic control. The sponsor shall include in its application a traffic
control plan. The traffic control plan shall include a plan for traffic
control on all state or township roads within close proximity to the
special event. The sponsor shall demonstrate that it has an agreement
for traffic control with a third party entity, such as the Pennsylvania
State Police, a municipal law enforcement agency, or a fire or emergency
services company.
E.
Security. Where the magnitude or intensity of the event warrants
security personnel, the sponsor shall demonstrate it has an agreement
for security with a third party entity, such as the Pennsylvania State
Police, a municipal law enforcement agency, a fire or emergency services
company, or other entity acceptable to the Township.
H.
Waste removal. The sponsor shall provide sufficient trash receptacles
for deposit of trash. The sponsor shall remove all trash from the
property or on adjacent roadways or properties.
I.
Restroom facilities. The sponsor shall set forth in its application
a plan to provide adequate restroom facilities, including handicapped
facilities.
[Amended 6-24-2019 by Ord. No. 6-2019]
J.
Notification. The sponsor shall provide written notification to all
neighbors of the proposed special event by mailing a notice thereof
to the owner, if his residence is known, or to the occupier of every
lot on the same street or road within 1,000 feet of the property on
which the special event it to be conducted, and every lot not on the
same street or road but within 150 feet of the property on which the
special event is to be conducted. Sponsors shall provide written notification
to the State Police and local emergency services of the event.
L.
Insurance. All special event sponsors shall obtain liability insurance
in the amount denoted on the application, which may change from time
to time, with the Township, the Board of Supervisors, its employees
and contractors named as an additional insured. The insurance shall
satisfy all insurance requirements for the Township for holding the
special event. The insurance policy may be subject to the review and
approval of the Township Solicitor.
M.
The sponsor holding the special event and the owner of the property
upon which the special event occurs shall be responsible to the Township
for damages sustained to Township property caused by participants
in the special event. Such additional costs and expenses shall be
paid to the Township by the sponsor and/or owner within five days
of receipt of a bill.
N.
The sponsor holding the special event and the owner of the property
on which the special event occurs shall be responsible to the Township
for the cost of any support services required, at the sole discretion
of the Township, to address specific unanticipated circumstances occurring
at the special event related to larger crowd numbers than projected
by the sponsor, or where the nature of the special event is not consistent
with the event as applied for by the sponsor. Such unanticipated circumstances
may include, but are not limited to, crowd control and emergency response.
Such additional costs and expenses shall be paid to the Township by
the sponsor and/or owner within five business days of receipt of a
bill.
[Amended 6-24-2019 by Ord. No. 6-2019]
P.
The Township Codes Enforcement Officer or his designee may, upon
showing of good cause that certain conditions or requirements as herein
set forth are not applicable or would cause an unreasonable burden
upon the sponsor, modify the foregoing requirement after review of
the circumstances presented by the sponsor.
A.
An application fee shall be set by resolution of the Board of Supervisors
from time to time. The application fee shall be paid at the time of
application.
B.
No later than five business days prior to the special event, the
sponsor shall secure the estimated costs associated with necessary
support services, as set forth in the permit. Security may be in the
form of a cash escrow or bond in a format acceptable to the Township.
[Amended 6-24-2019 by Ord. No. 6-2019]
C.
The cost of individual support services shall be set by resolution
of the Board of Supervisors from time to time. Any additional costs
set forth in the permit shall be paid no later than five business
days prior to the special event.
[Amended 6-24-2019 by Ord. No. 6-2019]
D.
At the close of the special event, the actual cost of the support
services, including support services arising for unanticipated circumstances,
shall be calculated and either additional payment made to the Township
within five business days, or excess security released by the Township
to the sponsor at the next regularly scheduled meeting of the Board
of Supervisors more than five days after the conclusion of the event.
[Amended 6-24-2019 by Ord. No. 6-2019]
[Amended 6-24-2019 by Ord. No. 6-2019]
A.
In the event that all permits, licenses, security deposits, fees,
insurance certificates, proof of notifications or any conditions of
the permit so indicated on the permit are not obtained and provided
to the Township or otherwise complied with no later than five business
days prior to the special event, the permit shall be revoked by the
Township.
B.
Any violation of one or more of the regulations set forth herein
or conditions of the permit shall be sufficient grounds for the Township
to immediately revoke the permit and order the sponsor holding the
special event to cease and desist their activities. Upon such notice
of immediate revocation, the sponsor shall cease and desist its activities
and shall be prevented from applying for another permit for at least
six months from the date of revocation.
C.
If the violation of this chapter is not discovered by the Township
until the special event has ended, then the Township shall suspend
for six months the right of the sponsor conducting the special event
to apply for another permit to conduct a special event.
D.
Where such violations resulting in a suspension of the right of a sponsor to conduct a special event under Subsection B or C happen on three or more occasions on the same property, the Owner shall be precluded from conducting or permitting other sponsors from conducting special events their property for a period of one year.
E.
The Township may extend the suspension beyond the time periods set
forth herein, if, in its discretion, it is determined that sponsor
or the owner will not conduct a future special event in accordance
with the regulations set forth herein or the conditions set forth
in the permit or will, if allowed to conduct such a special event,
pose a threat to the public health, safety and welfare.
[Amended 6-24-2019 by Ord. No. 6-2019]
A sponsor or owner who has been denied a permit to conduct a
special event, whose permit has been revoked or whose right to apply
for a permit has been suspended or revoked for violation of this chapter
or contests a permit condition shall have the right to appeal said
denial, suspension, revocation or condition to the Board of Supervisors,
in writing, within 15 days of the date of the notice of said denial,
suspension, revocation or condition. The Board of Supervisors shall
conduct a hearing on said appeal within 30 days from the date of filing
of the appeal. The Board of Supervisors shall render a decision within
45 days after the hearing, either upholding the denial, suspension,
revocation or condition or granting the appeal and ordering the Township
to grant to the permit or rescind the revocation or suspension notice
or remove the condition.
A.
Any person, corporation or entity who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution, including
reasonable attorneys' fees. In default of payment thereof, the
defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense.
B.
In addition to the above provided penalties, the Township may maintain
any action or proceedings in the name of the Township in any court
of competent jurisdiction, at law or in equity, to compel compliance
with or enforce any violation of this chapter.[1]
[1]
Editor's Note: Former § 176-11, Records, was
repealed 6-24-2019 by Ord. No. 6-2019.
