[HISTORY: Adopted by the Board of Supervisors of the Township
of West Whiteland 10-23-2019 by Ord. No. 450.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 140, but
was renumbered to maintain the organization of the Code.
To plan for private gatherings and organized activities that,
due to their size and/or special requirements, place demands on Township
services or pose a danger to public health, safety and welfare, it
is necessary that the Township receive advance notice of these events
and be compensated for services required for the event that go beyond
usual operations.
The following words, terms and phrases, when used in this chapter,
shall have the following meanings:
Any public event officially sponsored or officially organized
by the Township from time to time.
A preplanned 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 private property and requiring the use of public
support services. "Private special event" shall include, but not be
limited to, races, festivals, shows, neighborhood celebrations, 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 the normal operations, activities or affairs
of any duly established educational, recreational or religious organization
located in the Township, an event whose estimated total attendance
of all participants is anticipated to be less than 100 people, or
to any community event.
An individual, group, corporation, organization or other
entity responsible for organizing, hosting or paying for the event.
Those services provided by the Township or the Township's
designated emergency services providers 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. These services include,
but are not limited to, fire protection, ambulance services, police
protection, crowd management and control, traffic management and solid
waste management.
A.
No sponsor, person, association, firm, corporation, or other entity
shall conduct a private special event in West Whiteland Township without
first obtaining a permit from the Township.
B.
Township services necessary for a private special event, as determined
by the Township to protect the health and safety of the public, shall
be paid for by the sponsor.
C.
Approval to conduct a private special event by this process does
not relieve the sponsor or any participants, including but not limited
to peddlers, vendors, or exhibitors, from the responsibilities of
applying for any other permits or licenses, complying with federal
or state law, or meeting any other requirements of the Township's
ordinances that may be applicable.
D.
All events shall obtain liability insurance in the amount denoted
on the application. The insurance shall satisfy all insurance requirements
for the Township for holding the private special event.
E.
All required permits, licenses, security deposits, fees, insurance
policies or any other conditions of the permit so indicated on the
permit shall be obtained no later than 10 days prior to the private
special event.
F.
The sponsor holding the private special event, as well as the owner
of the land upon which the private special event takes place, shall
be responsible to the Township for damages sustained to Township property
caused by participants in the private special event. Such additional
costs and expenses shall be paid to the Township within five days
of receipt of a bill.
G.
The sponsor, as well as the owner of the land upon which the private
special event takes place, shall also be responsible for the cost
of any support services required, at the sole discretion of the Township,
to address specific unanticipated circumstances occurring at the private
special event related to larger crowd numbers than projected by the
sponsor, or where the nature of the private 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 within five days of receipt of a bill.
H.
The Township Manager 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 requirements after review of the circumstances
presented by the sponsor.
A.
The Township shall develop an application for a private special event
permit. The Township application for a permit for a private special
event shall be submitted by the sponsor to the Township Manager or
his designee no less than 60 days prior to the private special event.
If the private special event is planned to be marketed and promoted,
the sponsor should submit the application well in advance to ensure
that the private special event receives the required approvals.
B.
The Township Manager or his designee may waive the requirement of
60 days' advance notice for spontaneous private 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.
The Township Manager or his designee may waive the requirement of
60 days' advance notice if there are circumstances unique to
the sponsor which justify the waiver to assure the public safety and
welfare of the Township or the Township's best interest.
C.
The application shall be further accompanied by such other information
as may be required by the Township Manager or his designee.
D.
Payment of an application review fee, the amount of which is to be
set by resolution of the Board of Supervisors, shall be submitted
along with each permit application.
A.
Township review of the application is to provide a mechanism which
will allow the Township to plan, evaluate and coordinate any private
special event, which will allow the establishment of terms and conditions
within which the event may be conducted and will allow the sponsor
or any involved event planner to plan and manage the event within
the context of the established terms and conditions.
B.
Township review of private special events may involve input from
any applicable Township departments. In reviewing a proposed private
special event, personnel shall review, evaluate and estimate the cost
of the support services required for the private special event and
the cost of the support services that will be charged to the sponsor
or the owner of the land upon which the private special event takes
place. The personnel may also recommend to the Township Manager or
his designee that costs or any portion of the costs be waived if such
a waiver is in the best interest of the Township.
C.
Township review will involve consideration of various criteria and
factors, including but not limited to the following:
(1)
Does the Township have the ability to provide, if needed, the required
support services, regardless of who bears the cost?
(2)
Does the proposed event adversely affect the normal and necessary
functions of the support services to the Township?
(3)
Does the proposed event conflict with any other proposed events or
activities?
D.
Any personnel conducting the Township review shall recommend either
approval or disapproval of a proposed private 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 Manager
or his designee in a timely manner so as not to delay the planning
process.
E.
The Township Manager or his designee may require additional conditions
not mentioned herein as may be necessary to maintain peace and order
or to protect the health, safety and general welfare of the citizens
of the Township or any neighboring property.
F.
A final decision on the approval of a permit for the private special
event proposed, along with all costs and conditions attached, shall
be made by the Township Manager or his designee, except those applications
which require street closures; then, in such case, a final decision
shall be by the Township Board of Supervisors at a public meeting
of the Township Board of Supervisors.
The Township Manager or his designee shall notify the sponsor
of a private special event within five days of the final decision.
If the notification is an approval, it 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.
The cost of individual support services shall be set by resolution
of the Board of Supervisors from time to time.
B.
The anticipated costs for each individual private special event shall
be calculated by the Township and set forth in the permit. No later
than 10 days prior to the private special event, the sponsor or the
owner of the land upon which the private special event takes place
shall secure the costs associated with necessary support services
according to the following schedule:
C.
Security may be in the form of a cash escrow or bond in a format
acceptable to the Township.
D.
Within 30 days of the close of the private special event, the actual
cost of support services, including support services arising for unanticipated
circumstances, shall be calculated by the Township. If the actual
costs exceed the amount of security held by the Township, additional
payment shall made by the sponsor or landowner to the Township within
five days of receipt of a bill. Otherwise, any excess security shall
be released by the Township to the sponsor or the owner of the land
upon which the private special event takes place.
A.
In the event that all required permits, licenses, security deposits,
fees, insurance policies or any other conditions of the permit so
indicated on the permit are not obtained 10 days prior to the private
special event, the permit shall be revoked by the Township.
B.
In the event all required costs associated with the support services
have not been paid 10 days prior to the private special event, the
Township shall revoke the permit.
C.
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
private special event to cease and desist its activities. Upon such
notice of immediate revocation, the sponsor, as well as the owner
of the land upon which the private special event takes place, shall
cease and desist its activities and shall be prevented from applying
for another permit for at least two years from the date of revocation.
D.
If the violation is not discovered by the Township until the private
special event has ended, then the Township shall suspend for two years
the right of the sponsor conducting the private special event, as
well as the owner of the land upon which the private special event
takes place, to apply for another permit to conduct a private special
event.
E.
The Township may extend the suspension beyond the two-year period
if, in its discretion, it is determined that the sponsor or the owner
of the land upon which the private special event takes place will
not conduct a future private 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 private special event, pose
a threat to the public health, safety and welfare.
F.
A sponsor or owner of the land upon which a private special event
takes place who has been denied a permit to conduct a private 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 who contests a permit condition shall have the right to appeal
said denial, suspension, revocation or condition to the Board of Supervisors,
in writing, within five business 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 30 days after the hearing, either upholding the denial, suspension,
revocation or condition or granting the appeal and ordering the Township
to grant the permit or rescind the revocation or suspension notice
or remove the condition.
By issuing an event permit, the Township makes no guarantees
and assumes no liability for the safety of participants in, or spectators
of, the event. The Township may require as a condition of an event
permit that the sponsor agree to indemnify, defend, and hold the Township
harmless for any and all costs, damages, or other liabilities related
to the private special event.
A.
In addition to paying for all support services required in association
with the private special event, any private special event sponsor,
as well as the owner of the land upon which the private special event
takes place, who violates or permits the violation of any of the provisions
of this chapter shall be subject to a civil penalty not to exceed
$600 per violation, plus all court costs, including reasonable attorney
fees incurred by the Township. A separate offense shall arise for
each day or portion thereof in which a violation is found to exist
or for each section of this chapter which is found to be violated.
Upon a finding of liability for committing or permitting the violation
in a civil enforcement proceeding commenced by the Township, the defendant
shall pay the fine, plus all court costs, including attorney fees.
No judgment shall be imposed until the date of determination of a
violation by a Magisterial District Judge and such fines, costs and
attorney fees shall be collectible before any Magisterial District
Judge as like fines, costs and attorney fees are now by law collectible.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure.
B.
In addition to the above-provided penalties, the Township may maintain
any action or proceedings in the name of the Township in the Chester
County Court of Common Pleas, at law or in equity, to compel compliance
with or enforce any violation of this chapter.
C.
All remedies of the Township shall be cumulative.
If the Police Department provides support services, the Police
Chief shall keep an accurate record of all hours worked by all officers,
and extra compensation shall be paid to each officer for all time
worked beyond regularly scheduled tour of duty, less the same deduction
made from his usual compensation, at appropriate rates.
