No person on or after the effective date of this chapter shall
conduct or allow to be conducted any outdoor gathering as defined
in this chapter without first obtaining a license therefor in compliance
with the terms of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR GATHERING
A theatrical performance, public show, display, entertainment, amusement, farmer market, or other exhibition, including, but not limited to musical festivals, rock festivals, peace festivals, 5K races or similar activity conducted outdoors or within or about tents or other such contrivances within the Township of Jefferson. For the purposes of this chapter, the following activities shall not be considered "outdoor gatherings": Township sponsored or Jefferson Township Board of Education sporting events and activities, picnics, educational programs, camping. Sales, pursuant to Chapter
380, "Sales, Special," of the Township of Jefferson Municipal Code, are specifically excluded. This list is given by way of example, only as activities similar in nature shall also not be considered as "outdoor gatherings" subject to regulation.
PERSON
Any person, syndicate, association, partnership, firm, corporation,
institution, agency, authority, department or other entity which is
recognized by law as the subject of rights and duties.
The Township Business Administrator shall have the right to
deny the permit, upon notification to the applicant, and the right
to appear before the Township Council, if it is the consensus of opinion
of the Council that the granting of a license to the applicant would
adversely affect the safety, health and welfare of the inhabitants
of the Township.
The applicant shall be required to comply with the following
minimum requirements as conditions for the issuance or maintenance
of any license issued hereunder:
A. Adequate sanitary facilities must be provided which are sufficient
to accommodate the projected number of persons expected to attend
the event.
B. Medical or first aid facilities shall be provided which are sufficient
to accommodate the projected number of persons expected to attend
the event.
C. A parking and traffic control plan for the number of persons projected
to attend the event must be formulated, which plan must be sufficient
to ensure a free flow of traffic and make available rapid access for
emergency vehicles. Further, the applicant shall provide adequate
off-street parking facilities on the site or within 1,500 feet thereof
to accommodate the projected number of persons expected to attend
the event.
D. If the event is to be conducted outdoors and involves the amplification of sound, the location of the performance shall be at least 1,500 feet from the nearest residential dwelling and applicant shall obtain a variance from the provisions of Chapter
321, Noise, of the Jefferson Township Municipal Ordinances, if necessary.
E. The applicant shall be required to comply with such other conditions
as shall be imposed by the Township Business Administrator upon the
issuance of a license after receiving those reports provided for herein,
which such conditions shall be reasonably related to the protection
of the public health, safety and welfare.
F. The Township Business Administrator, either prior to granting any
license for an outdoor gathering or as a condition to the issuance
of a license, in its discretion, may require any applicant to notify
property owners within a designated distance from the property or
properties upon which the outdoor gathering is being held to either
provide said surrounding property owners with an opportunity to be
heard considering whether or not to grant or deny the application
and/or to notify surrounding property owners that an event or events
will be conducted at certain given times.
A license shall be issued by the Township Business Administrator
and executed by the Township Business Administrator. The license shall
set forth and describe with particularity the place where the event
is to be conducted and the period of time in which it may continue,
which shall not exceed a period of 10 consecutive days. The license
shall further contain any special conditions set by the Township Business
Administrator and shall contain the hours of operation which shall
be set by the Township Business Administrator.
No licensee shall permit the following on the licensed premises:
B. Musical instruments, drums, sound-making devices or amplifiers played
or used in such a manner as to cause disturbance to persons occupying
residential property.
C. Activity or conduct in violation of any municipal, state or federal
law, duly enacted ordinances or regulations and conditions of the
license.
The licensee shall be responsible for the cost of cleaning the
area where the event was conducted on a daily basis and after said
event is terminated, as well as the cost of providing law enforcement
security for said event and sanitary facilities. The requirement to
provide law enforcement security shall not create an affirmative obligation
on the part of the Township to provide said law enforcement security.
Nothing in this chapter shall be construed to permit any outdoor
gatherings which may be in violation of any zoning ordinance or other
ordinance regulations of the Township of Jefferson.
Any person who shall violate any provision of this chapter shall
be guilty of a summary offense and shall be fined a sum not to exceed
$500 for each violation to be set by the Municipal Judge. Each day
such violation exists shall constitute a separate violation.