[HISTORY: Adopted by the Board of Commissioners of the Township
of Muhlenberg 6-24-2013 by Ord. No. 522 (Ch. 84 of the 1982 Code).
Amendments noted where applicable.]
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:
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.
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.
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.
The Muhlenberg Township Director of Engineering and Codes
or his designee.
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.
The fee to be paid by the public gathering permit applicant
at the time the application is filed with the Township.
Any person, entity and any sponsoring organization which
has been issued a public gathering permit by the Township.
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.
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:
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 pyrotechnics or special effects, including open flames,
explosions, or other potentially dangerous displays.
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.
Placement of temporary directional, promotion or other signs
or barricades on a public right-of-way.
Obstruction, delay or interference with the normal flow of pedestrian
or vehicular traffic and/or does not comply with traffic laws and
controls.
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.
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:
A public gathering for bona fide, day-of-worship religious services.
A public gathering for purposes of lawful picketing.
A public gathering sponsored in whole or in part by the Township.
A public gathering permitted and regulated by the Muhlenberg
Township Parks and Recreation Department and held exclusively on Township
property.
A public gathering sponsored by a Township private or public
school on its own property.
A funeral procession by a licensed mortuary.
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.
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.
Public streets, alleys, sidewalks and crosswalks, including
bike and pedestrian paths.
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.
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.
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.
A.
No public gathering 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 public gathering will occur, jointly apply for and are granted
a permit as hereinafter provided.
A.
Any sponsor, owner or person in charge desiring to hold a public gathering, which is not exempted as previously defined in § 269-2, shall apply for a permit by filing an application with the Township on a form provided.
B.
All applications shall be submitted
not less than 60 days before the promotion for or date of the public
gathering, whichever is first.
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 Township services 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.
D.
Applications shall be made on
forms provided by the Township and shall contain, at least, the following
information:
(1)
The full legal names, addresses,
telephone number, cell phone number, fax number, and e-mail addresses
of all sponsor(s).
(2)
The full legal names, addresses,
telephone number, cell phone number, fax number, and e-mail address
of the owner and the person in charge of the property to be utilized
for the public gathering.
(3)
The full legal name, address,
telephone number, cell phone number, fax number, and e-mail address
of the person who will be present and in charge of the public gathering
on the day of the event.
(4)
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.
(5)
The location and address of
the property and/or route to be utilized for the public gathering.
(6)
The dates, days, and times
when setup, the public gathering, tear-down and cleanup will be conducted.
(7)
An estimate of the number
of persons expected to attend the public gathering, including all
participants as well as staff, volunteers, vendors and others involved
in production of the event.
(8)
The program for the public
gathering or, if no program is prepared, a narrative statement as
to the purpose for which the public gathering is to be conducted.
(9)
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.
(10)
Describe whether the public
gathering is a public or private event, whether admission will be
charged and, if so, the amount.
(11)
Maps detailing the proposed
site and/or route of the public gathering, together with written descriptions
describing the following:
(a)
Amplification devices
to be used outdoors and the purpose.
(b)
Areas for spectators or
persons attending the event.
(c)
All structures existing
and to be constructed.
(d)
Proposed transportation
and parking facilities.
(e)
Sanitary and waste disposal
facilities and providers thereof.
(f)
Location of recycling
bins, name of recycling materials hauler and name of receiving facility.
(g)
On-site medical facilities
and providers thereof.
(h)
Facilities for food and
beverage storage, preparation and service.
(i)
Camping facilities or
other temporary overnight accommodations for individuals.
(j)
Proposed event and directional
signage.
(k)
Lighting and other utility
services.
(l)
Show start and finish
areas for parades and athletic events.
(m)
Show the emergency access
for emergency fire and medical equipment and vehicles.
(n)
Show the location of and
fully describe pyrotechnic/firework/explosion/flame displays, together
with a firesafety plan.
(o)
The location and a brief
description of all vendors.
(12)
Evidence that all permits
and licenses as required by state and county statutes, ordinances
and regulations enacted thereunder have been obtained.
(13)
Examples of all proposed
advertising of the event, if any.
(14)
A description of all services
requested from the Township.
(15)
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, the Township and the public gathering
permit.
(16)
Any supplemental information
that the Township shall find reasonably necessary, under the particular
circumstances of the public gathering application, to determine whether
to approve or conditionally approve a public gathering 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.
A.
The Township shall approve an
application for a public gathering permit unless it is determined
from a consideration of the application or other pertinent information
that:
(1)
Information contained in the
application or supplemental information requested from the applicant
is found to be false in any material detail.
(2)
The applicant failed to complete
the application form after having been notified of the additional
information or documents required.
(3)
The sole purpose of the event
is advertising of any product, goods, ware or merchandise.
(4)
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 the Police Department is unable
to meet the needs for police services for both events.
(5)
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.
(6)
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 police, fire
or ambulance services to areas proximate to the event.
(7)
The size of the event will
require diversion of so great a number of police officers of the Township
to ensure that participants stay within the boundaries or route of
the event or to protect participants in the event as to prevent normal
protection to the rest of the Township.
(8)
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.
(9)
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.
(10)
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
the public gathering or mob control and private water service systems.
(11)
The applicant failed to
submit a firesafety and evacuation plan for review by the Director
of Engineering.
(12)
Other identifiable public
health or safety concerns are identified by the Township which the
applicant has not adequately addressed.
B.
When the grounds for denial of
an application for a 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 public gathering as are necessary to achieve
compliance with the requirements of this chapter.
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.
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.
A.
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 Township
property occurring in connection with the permitted public gathering
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 public gathering 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.
B.
If the Township Manager, in consultation
with the Township Solicitor and the Township insurance consultant,
determines that the nature of the public gathering or the financial
condition of the permittee is such that proof of insurance is appropriate,
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 $250,000 for property damage, may be required.
In such event, 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.
A.
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 public gathering 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.
C.
The burden of preserving order
during the public gathering is upon the permittees of the 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 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 public gathering
shall immediately terminate the assembly and provide for the orderly
dispersal of those in attendance.
D.
The Township, its authorized
agents and representatives, shall be granted access without charge
to the 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 10:00 a.m., Sunday through Thursday,
and 11:00 p.m. and 10:00 a.m., Friday and Saturday, unless otherwise
permitted by the Township.
F.
The sponsor(s) of the 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 public gathering and shall be responsible for ensuring that no
person shall be allowed to remain on the premises who is violating
any laws, ordinances, rules or regulations of the Commonwealth of
Pennsylvania and/or the Township.
G.
At the conclusion of the permitted
time period for the public gathering, 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 chapter.
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.
A.
Application fee. The application
for a permit shall be accompanied by a nonrefundable permit application
fee which shall cover the actual full costs, or a portion thereof,
of processing and investigating applications and administering the
public gathering permit program. Application fees shall be waived
for public gatherings that are sponsored by the Temple and Goodwill
Fire Companies, the Muhlenberg Ambulance Association, for block parties
and, at the discretion of the Board of Commissioners, for recognized
Township civic and charitable organizations.
B.
Traffic control and security
fees. Upon approval of an application for a public gathering permit,
the Township shall provide the applicant with a statement of the estimated
cost of providing overtime police officers or fire police officers
for traffic control and/or security at the event. The applicant shall
prepay the traffic control and security fees at least 20 days prior
to the public gathering. The fee to be paid by the applicant for the
services shall be based upon actual costs or overtime costs, with
a minimum of four hours per officer. If the actual cost for traffic
control and security on the date of the public gathering is less than
the estimated cost, the applicant shall be refunded the difference
by the Township.
C.
Cleanup deposit. The applicant
for a public gathering involving the sale of food or beverages, erection
of structures, horses or other large animals, water-aid stations or
first-aid stations on public rights-of-way shall be required to provide
a cleanup deposit prior to the issuance of a public gathering 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, 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 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.
D.
All fees and deposits shall be
set by the Board of Commissioners from time to time by resolution.
A.
Any person, association, partnership,
firm, corporation, joint venture, or any other legal entity who or
which initiates, organizes, promotes, permits, conducts, or causes
to be advertised a public gathering without obtaining the permit provided
in this chapter, or who knowingly conducts, permits, or allows a public
gathering with a permit but in violation of the terms and provisions
of this chapter 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 Judge, shall be subject to a fine of not
more than $1,000 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 Township from instituting proceedings at law or in equity
to prevent and/or cease the operation of a public gathering not in
conformity with the terms and provisions of this chapter.
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.
