This chapter shall be known as and cited as the "Township of
Muhlenberg Public Gathering Ordinance."
As used in this chapter, unless the context compels otherwise,
the following terms shall have the meanings indicated:
APPLICANT
Any person, entity and/or any sponsoring organization who
or which seeks a public gathering permit from the Township to conduct
or sponsor an event governed by this chapter. Any entity or organization
shall designate an individual person as the responsible contact person.
ATHLETIC EVENT
An occasion on which a group of persons collectively engage
in a sport or form of physical exercise 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
bicycle and foot races.
BLOCK PARTY
A festive gathering of the residents on a residential street
requiring a closure of a street or a portion thereof to vehicular
traffic and use of the street for the festivity, including barbecues,
picnics, music or games.
PARADE
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.
PERMIT APPLICATION FEE
The fee to be paid by the public gathering permit applicant
at the time the application is filed with the Township.
PERMITTEE
Any person, entity and any sponsoring organization which
has been issued a public gathering permit by the Township.
PERSON IN CHARGE OF PROPERTY
An agent and his principal, occupant, lessee, contract purchaser,
or person other than the owner, having possession or control of property
in the Township on which the public gathering is to occur.
PUBLIC GATHERING
A.
All temporary gatherings or organized activities on any street,
alley or sidewalk or private property in the Township involving one
or more of the following factors:
(1)
Closing or partial closing of a public right-of-way.
(2)
Blocking or restricting access to a public right-of-way or public
or private property.
(3)
Use of pyrotechnics or special effects, including open flames,
explosions, or other potentially dangerous displays.
(4)
Installation of a stage, bandshell, vehicles of any kind, portable
building, toilet, grandstand or bleacher on any public right-of-way
or on any private property where otherwise prohibited by ordinance.
(5)
Placement of temporary directional, promotion or other signs
or barricades on a public right-of-way.
(6)
Obstruction, delay or interference with the normal flow of pedestrian
or vehicular traffic and/or does not comply with traffic laws and
controls.
(7)
The Director of Engineering and Codes or the Police Department
determines that the event will result in substantial impact on Township
resources, facilities or services.
B.
Examples of public gatherings may include both indoor or outdoor
events occurring on any public right-of-way or on private property,
which are designed to attract crowds, such as concerts, parades, athletic
events, fairs, festivals, flea markets, art and craft shows, carnivals,
circuses, block parties, soap box derbies, rallies, expositions, displays,
and athletic events, excluding:
(1)
A public gathering for bona fide, day-of-worship religious services.
(2)
A public gathering for purposes of lawful picketing.
(3)
A public gathering sponsored in whole or in part by the Township.
(4)
A public gathering permitted and regulated by the Muhlenberg
Township Parks and Recreation Department and held exclusively on Township
property.
(5)
A public gathering sponsored by a Township private or public
school on its own property.
(6)
A funeral procession by a licensed mortuary.
C.
A public gathering is not intended to include the routine operation of a business, such as a restaurant, dance hall, bingo parlor, bar, nightclub or reception hall, provided that convention centers, picnic groves and similar businesses may be deemed to have public gatherings if operated in a manner that causes any of the conditions set forth in Subsection
A(1) through
(7) to occur.
PUBLIC GATHERING PERMIT
A written, signed authorization to hold a public gathering,
issued by the Township Manager and approved by the Director of Engineering
and Codes and Chief of Police.
RIGHT-OF-WAY
Public streets, alleys, sidewalks and crosswalks, including
bike and pedestrian paths.
SIDEWALK
That portion of a street between the curblines or lateral
lines of a roadway and the adjacent property lines, intended for the
use of pedestrians.
SPONSOR(S)
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 public gathering.
TOWNSHIP
Muhlenberg Township, Berks County, Pennsylvania, acting through
the Township Manager or his designee.
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 public gathering unless a permit
has been obtained pursuant to this chapter. A separate permit shall
be required for each public gathering for the period of time designated
by the permit.
The Township shall approve, conditionally approve or deny an
application on the grounds specified in this chapter. Such action
shall be taken no later than 20 working days after receiving a completed
application for a public gathering. 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
was 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. Where the Township Manager has delegated
the duty to review and approve or disapprove applications hereunder
to another designated Township official, then appeals shall be heard
by the Township Manager, whose decision shall be final. Where the
Township Manager has retained the duty to review and approve or disapprove
applications hereunder, then appeals shall be heard by the Township
Board of Commissioners, whose decision shall be final.
The Township may condition the issuance of a public gathering
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:
A. Alteration of the date, time,
route or location of the public gathering proposed on the application.
B. Conditions concerning the area
of assembly and disbanding of a parade or other public gathering occurring
along a route.
C. Conditions concerning accommodation
of pedestrian or vehicular traffic, including restricting the public
gathering to only a portion of a street traversed.
D. Requirements for the use of traffic
cones or barricades.
E. Requirements for provision of
first-aid or sanitary facilities.
F. Requirements for use of event
monitors and providing notice of permit conditions to public gathering
participants.
G. Restrictions on the number and
type of vehicles, animals or structures at the public gathering and
inspection and approval of floats, buildings, structures and decorated
vehicles for firesafety.
H. Compliance with animal protection
ordinances and laws.
I. Requirements for use of garbage
and recycling containers and cleanup and restoration of Township or
other public property and the properties of adjoining persons which
may be impacted by the public gathering.
J. Restrictions on use of amplified
sound.
K. An application for a public gathering
permit to conduct a block party may be conditioned on notice to the
residents of dwellings along the affected street(s).
L. Compliance with any relevant ordinance
or law and obtaining any legally required permit or license.
M. Unless advance approval is obtained,
the standard hours of operation shall be as follows:
(1) Monday to Thursday: 10:00
a.m. to 10:00 p.m.
(2) Friday and Saturday: 10:00
a.m. to 11:00 p.m.
(3) Sunday: 12:00 noon to 8:00
p.m.
N. The good repair and operating
order of all fire-protection systems, in accordance with the Township
Fire Code, to the satisfaction of the Director of Engineering.
O. Written approval of the Township
Director of Engineering relating to the adequacy of sanitary toilet
facilities and sewage disposal facilities at a public gathering as
described in the applicant's application.
P. Public safety:
(1) Security: The sponsor(s) shall
demonstrate that a plan and means to implement the plan exist to provide
for adequate traffic control and crowd control. Said plan must gain
the approval of the Township Police Department representative.
(2) Enclosures: The sponsor(s)
shall demonstrate that a plan and means to implement the plan exist
to have the outdoor location where the public gathering is to be held
enclosed with snow fencing or other similar material of equivalent
strength of not less than six feet in height if admission is charged
and attendance is reasonably expected to exceed 200 persons. Said
plan must gain the approval of the Township Director of Engineering.
(3) Medical services: The sponsor(s)
shall demonstrate that a plan and a means to implement the plan exist
to provide sufficient medical services to the public gathering. The
sponsor(s) shall identify the company or person supplying this service.
Said plan must gain the approval of the Township Manager or Health
Officer.
(4) Parking facilities: The sponsor(s)
shall demonstrate that a plan and a means to implement the plan exist
to provide adequate parking facilities appropriate to the anticipated
number of persons in attendance. For on-site parking there shall also
be provided adequate ingress and egress to and from parking areas
to facilitate the movement of vehicles at any time to or from the
parking areas and to permit access for emergency vehicles. Said plan
must gain the approval of the Township Police Department and the Township
Director of Engineering.
(5) Firesafety and life safety: The
sponsor(s) shall demonstrate that a plan and a means to implement
the plan exist to provide firesafety and life safety personnel and
facilities appropriate to the anticipated number of persons in attendance.
There shall also be provided adequate ingress and egress to and from
such facilities to permit access for emergency vehicles, including
firefighting vehicles. Said plan must gain the approval of the Township
Manager or Police Department representative, who may consult with
representatives of the local volunteer fire company.
This chapter shall in no way be a substitute for, nor eliminate
the necessity of, complying with any and all United States and commonwealth
law, 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 public gatherings.
Noncompliance with any portion of a public gathering permit
or this chapter may constitute a basis for the immediate revocation
of the permit by the Township, the Director of Engineering and Codes,
or the Police Department.
The provisions of this chapter shall be severable, and if any
provisions hereof shall be held to be unconstitutional, invalid or
illegal by any court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter. It is hereby declared as legislative intent that this chapter
would have been enacted had such unconstitutional, invalid or illegal
provisions not been included herein.
This chapter shall become effective immediately upon enactment
or, if later, on the earliest date permitted by law.