[HISTORY: Adopted by the Board of Supervisors of the Township of Springfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-1-1978 by Ord. No. 1978-01]
A. 
As used in this article, the following terms shall have the meanings indicated:
OUTDOOR AMUSEMENT
Includes any outdoor theatrical, musical or dramatic performance, festival, or carnival, or any other outdoor exhibition, show, entertainment, or amusement of any similar nature or kind, for which an admission fee is charged or for which money or any other reward of any nature is in any manner demanded, expected or received. The term "outdoor amusement" shall not include any church, fire company, or school affair, nor any performance or exhibition conducted solely for benevolent or charitable purposes, except as provided by § 156-11.
PERSON
Any natural person, partnership, association, firm or corporation.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
C. 
This article hereby supersedes and takes precedence and specifically repeals the Springfield Township Recreation Ordinance numbered Ordinance No. 2, 1977.
A. 
No person, either as principal or agent, shall conduct or hold, or shall permit the conduct or holding, on premises owned or under the control of such person, any outdoor amusement in the Township of Springfield unless the same shall have been licensed according to the provisions of this article. An application for the license required by this article must be filed with the Secretary of the Board of Supervisors at least 60 days before the date on which the outdoor amusement is proposed to be held. Such application shall be in writing and shall include:
(1) 
The name and business address of the person who proposes to conduct the outdoor amusement; and
(2) 
The type of outdoor amusement proposed, including the number of performers and their names; and
(3) 
The date on which the proposed outdoor amusement is to be conducted; and
(4) 
The hours during which the proposed outdoor amusement is to be conducted on each date submitted as required by Subsection A(3) supra; and
(5) 
A property description of the site on which the proposed outdoor amusement is to be conducted; and
(6) 
The number of people per performance per day which the applicant estimates will attend the proposed amusement, and the maximum number of advance tickets to be offered for sale for each performance not to exceed 85% of the estimated attendance; and
(7) 
The food, housing, parking, sanitary, medical, and crowd control arrangements and facilities to be provided by the applicant for each day.
B. 
A separate application must be filed for each site and every application must be duly verified by the applicant that the facts set forth therein are true and correct under the penalties of perjury.
C. 
The Secretary of the Board shall provide official application forms which must be used by the applicant.
No license shall be issued under this article until:
A. 
The application required by this article has been approved by the Board of Supervisors; and
B. 
A certified copy of all state and county permits are filed with the Secretary of the Board of Supervisors in any instance in which such state and county permits are required to conduct the proposed outdoor amusement; and
C. 
The Board of Supervisors, or their agents, have inspected the premises where the proposed outdoor amusement is to be held to ascertain whether such premises are suitable for the purpose and free from unsanitary, dangerous or hazardous features; and
D. 
The cash bond required by this article has been paid; and
E. 
The evidence of public liability insurance required by this article has been filed with the Secretary of the Board; and
F. 
The license fee required by this article has been paid. The Board may cause any other investigation or inspection to be made to secure the facts needed by it to determine if the application should be approved and the license granted. It may reject the application and refuse to grant the license if any unsanitary, hazardous or dangerous conditions exist, or if the location is deemed by it unsuitable because the conduct of the proposed outdoor amusement thereon would create a traffic hazard, or because of the lack of accommodations for the number of persons and/or vehicles likely to be attracted thereto, or if the proposed outdoor amusement is likely to create unnecessary annoyance to the residents or inhabitants of the locality. In every case, the Board of Supervisors, approving the application and issuing a license, shall state in the license the type of outdoor amusement authorized and the time for which the license is to remain in effect;
G. 
The applicable Pennsylvania Department of Environmental Protection rules and regulations, including but not limited to Title 25, Chapter 71, Administration of Sewage Facilities Program; Title 25, Chapter 73, Standards for Sewage Disposal Facilities; Title 7, Chapter 46, Food Establishments; Title 28, Chapter 19, Organized Camp and Campgrounds; and Title 25, Chapter 243, Nuisances, shall be complied with by the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every person applying for a license for an outdoor amusement under this article shall deposit with the Township Treasurer a cash bond as follows: estimated daily attendance of fewer than 1,000 persons, $500 bond; estimated daily attendance of 1,000 to 3,000 persons, $750 bond; said bond shall be continued for the faithful observance of the provisions of this article and the saving harmless of the Township of Springfield from any and all liabilities and causes of action which might arise by virtue of the granting of such license in said Township, and conditioned further that no damage will occur to the Township, or adjacent thereto, as a result of the outdoor amusement and that the licensee will not permit any dirt, paper, litter or other debris from the outdoor amusement to remain thereon. Said bond shall also be a guarantee for treating with suitable dust layer those unpaved roads in the vicinity of the licensed premises and before the outdoor amusement may be commenced, the licensee shall treat the roads so designated by the Board of Supervisors with dust layer approved by the Board. Such cash bond shall be returned upon certification by the Board of Supervisors that all conditions of this article have been complied with and that the aforesaid property and roads have been placed in a neat condition and all debris removed. Said cash bond shall be further conditioned that the applicant will pay the necessary license fees based on the actual attendance to the Township Secretary.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every applicant for a license under this article shall furnish satisfactory evidence to the Township Secretary that a public liability insurance policy from an insurance company registered to do business in Pennsylvania, in amounts of not less that $500,000 for one person and $1,000,000 for any one accident, will be in force and effect during the period which such outdoor amusement is to be conducted in the Township.
[Amended 11-16-1994 by Ord. No. 1994-05; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Before a license shall be issued to any person whose application under this article has been approved by the Board of Supervisors, that person shall pay to the Township Secretary a fee as set by resolution of the Board of Supervisors.
A. 
No gathering of the type herein described will be allowed under any circumstances where the estimate of daily attendance is in excess of 5,000 persons or where the Township Supervisors, in their discretion, feel that the gathering will likely attract more than the maximum amount of people allowed.
[Amended 11-16-1994 by Ord. No. 1994-05]
B. 
No gathering will be allowed under any circumstances where overnight camping is contemplated at the site of the event.
When all of the requirements of this article have been met and the application has been approved by the Board, the Township Secretary shall issue a license hereunder to conduct the outdoor amusement. The license shall, in every case, state:
A. 
The name and business address of the person authorized to conduct the outdoor amusement; and
B. 
The type of outdoor amusement authorized; and
C. 
The date or dates on which the proposed outdoor amusement is to be conducted; and
D. 
The hours during which the outdoor amusement is to be conducted on each date or dates authorized by Subsection C supra; and
E. 
The site on which the outdoor amusement is to be conducted; and
F. 
The hour and date on which the license shall expire; and
G. 
That this license shall not be assignable.
After any license has been issued under this article, the Board of Supervisors, or their agents, shall inspect the site designated therein before any program, show, or entertainment is begun to insure that no dangerous, hazardous and unsanitary conditions exist. The licensee shall correct any such dangerous, hazardous and unsanitary conditions which may exist before any program, show or entertainment is begun. If he does not, his license shall forthwith be revoked, and no part of the license fee shall be refunded.
No person granted a license under this article shall permit upon the site named therein:
A. 
Any disorderly or immoral conduct; or
B. 
Any gambling; or
C. 
Any sale of obscene literature, pictures, film or other objects; or
D. 
Any indecent, immoral or lewd act or performance; or
E. 
Any possession, sale or use of intoxicants and/or drugs of any kind.
The terms of this article shall apply fully to all church, fire company, school affairs or other benevolent association affair, whether conducted for charitable or fund-raising purposes, where the estimated daily attendance shall be in excess of 1,000 persons.
The Board of Supervisors shall forthwith revoke any license granted under this article if at any time dangerous, hazardous and unsanitary conditions develop on the site designated in the license or if the licensee violates in any way any provisions of this article, and no part of the license fee shall be refunded.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
The provisions of this article shall be severable, and if any provision thereof 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 article. It is hereby declared as a legislative intent that this article would have been enacted had such unconstitutional, invalid, or illegal provisions not been included therein.