[Ord. 746, passed 3-7-2011]
For the purpose of this chapter, the following definition shall
apply unless the context clearly indicates or requires a different
meaning.
SPECIAL EVENT
Any outdoor activity, show, carnival, gathering or meeting,
other than regularly conducted church and school activities, which
occur in whole or in part upon nonresidential or public property,
roads or rights-of-way, including, but not limited to, social gatherings,
special appearances, promotional activities, fundraisers, footraces,
block parties and bicycle races.
[Ord. 746, passed 3-7-2011]
No special event may be advertised or conducted without first
having obtained a special event permit from the Borough Secretary.
[Ord. 746, passed 3-7-2011]
The provisions of this chapter shall not be held to apply to
concerts, exhibitions or entertainment held in churches or schoolhouses
for religious, educational, civic or charitable purposes and municipal
special events.
[Ord. 746, passed 3-7-2011]
(A) Anticipated crowds of less than 100 participants. From and after
the passage of this chapter, it shall be unlawful for any person or
persons, association, organization or corporation to hold, conduct
or participate in any special event without first obtaining from the
Borough Secretary a permit therefor at least 48 hours before the time
set for the conducting or holding of any such special event. The application
for the event must be made a minimum of 14 days prior to the event.
(B) Anticipated crowds of more than 100 participants. From and after
the passage of this chapter, it shall be unlawful for any person or
persons, association, organization or corporation to hold, conduct
or participate in any special event, without first obtaining from
the Borough Secretary a permit therefor at least 14 days before the
time set for the conducting or holding of any such special event.
The application for the event must be made a minimum of eight weeks
prior to the event.
[Ord. 746, passed 3-7-2011]
The permit fee shall be in an amount set from time to time by
the resolution of Borough Council, as stated in the application.
[Ord. 746, passed 3-7-2011]
Before such permit is issued, a written application shall be
made on a form to be provided by the Borough. The following information
shall be included in the application:
(A) Description of the special event;
(B) Name, address and telephone number of the sponsoring organization
or individual;
(C) Proposed date, location and hours of operation. Event must comply
with the Borough's current noise ordinance;
(D) Schedule of proposed events;
(E) An outline of security, traffic, crowd control, sanitation measures
and such other necessary preparations as the event might require (subject
to review and approval by the Fire Marshal, EMT, police and Borough
Public Works);
(F) A map outlining the limits of the proposed event;
(G) The approximate number of people who will constitute the event and,
if there are animals, the approximate number and types of animals
and the approximate number and description of vehicles;
(H) If the event will involve the serving of food upon the public right-of-way,
whether the event proposes to use portable cooking equipment fueled
by propane or other fuels;
(I) If the event involves a parade, the applicant shall specify the place
it is supposed to start, the exact route by enumerating the portions
of the streets and highways to be traversed, the probable number of
person that will participate in the same, the number of horses, if
any, and the number and character of the vehicles to be employed;
and
(J) An affirmative statement by the applicant that the applicant agrees
to abide by any and all conditions that may be imposed and set forth
in the permit and to obey all rules and regulations that may from
time to time be adopted by Borough Council.
BROOKHAVEN BOROUGH
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SPECIAL EVENT APPLICATION
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Application Process:
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1.
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Submit completed application, including venue map and application
fee to the Borough.
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2.
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Application will be reviewed.
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3.
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Applicant will be notified of permit approval/denial.
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Organization/Company Name
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Schedule of Proposed Events
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Location of Special Event
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Event Description: Include number of vendors, cars and equipment
(electric, cooking, stages, etc., if applicable)
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Estimated Attendance: Include the number and types of animals,
if applicable, and the number and description of vehicles, if applicable)
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Provide a description of the security, traffic, crowd control,
sanitation measures and other necessary preparations that will be
involved:
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If the event is a parade, specify the starting point, ending
point, and the exact route by listing the streets and highways involved:
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If the event is a parade, specify the number of persons that
will participate, the number of horses, if any, and the number and
character of any vehicles involved:
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Primary contact prior to the event:
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Primary on site contact day of event:
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Alternate contact day of event:
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Highlight the attached map of the proposed event venue.
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The undersigned applicant hereby agrees to abide by any and
all conditions that may be imposed and set forth in the permit and
to obey all rules and regulations that may from time to time be adopted
by Borough Council.
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Signature of Applicant Date
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Internal Use Only
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A copy of this application shall be provided to each Borough
Official noted below. Include any suggested conditions of approval.
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Emergency Management Coordinator:
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Police Chief:
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Borough Council:
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Borough Solicitor:
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Fire Marshal:
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Borough Engineer:
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Borough Zoning Officer:
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Director Public Works:
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[Ord. 746, passed 3-7-2011]
(A) Anticipated crowds of less than 100 participants. No permit shall
be granted for any said purposes unless the Borough Secretary shall
find that the conducting or holding of said special event will not
unduly interfere with the peace and quiet of the citizens in the neighborhood
or the public travel on the highways and streets; that the purpose
for which the same is being held or conducted is lawful; that the
persons, organization or corporation holding or conducting the same
are responsible law-abiding citizens; and that the same will not endanger
the safety of persons or property within the Borough. The Borough
Secretary shall have the authority to designate the highways and streets
or the portions thereof that may be used or employed for any special
event and shall have authority to impose such conditions and regulations
to be observed as they shall deem necessary in the interest of the
peace and quiet and safety of the persons and property within the
Borough.
(B) Anticipated crowds of more than 100 participants. No permit shall
be granted for any said purposes unless the Borough Secretary shall
find that the conducting or holding of said special event will not
unduly interfere with the peace and quiet of the citizens in the neighborhood
or the public travel on the highways and streets; that the purpose
for which the same is being held or conducted is lawful; that the
persons, organization or corporation holding or conducting the same
are responsible law-abiding citizens; and that the same will not endanger
the safety of persons or property within the Borough. The Borough
Secretary shall have the authority to designate the highways and streets
or the portions thereof that may be used or employed for any special
event and shall have authority to impose such conditions and regulations
to be observed as they shall deem necessary in the interest of the
peace and quiet and safety of the persons and property within the
Borough.
[Ord. 746, passed 3-7-2011]
Prohibitions with regard to special events include, but are
not limited to:
(A) No tents or other removable structures may be erected without prior
authorization from the Borough Secretary;
(B) Roads/access drives may not be completely blocked. Tables, displays,
canopies, tents and the like must be placed on one side of the road/access
drive. One side of the road/access drive must remain open to provide
immediate access for police, fire or EMT personnel;
(C) Any disorderly or immoral conduct;
(E) Any sale of obscene literature, picture, film or other objects;
(F) Any indecent, immoral or lewd act or performance;
(G) Any possession, sale or use of intoxicants, alcohol and/or drugs
of any kind; and
(H) Any possession, sale or use of firearms.
[Ord. 746, passed 3-7-2011]
Reasons for denial of special event permit may include, but
not be limited to:
(A) The special event would interrupt the safe and orderly movement of
vehicular traffic on streets or commercial parking lots so as to create
a real and present danger to the health, safety and welfare of the
residents of the Borough;
(B) The special event will create a real and present danger to the health,
safety and welfare to the residents of the Borough by preventing firefighting
equipment, ambulance service, rescue vehicles, or other public safety
vehicles from reaching any property in the Borough;
(C) The special event will cause undue hardship to adjacent businesses
or residents or will require the diversion of public employees such
that their absence from their usual assignments would pose a danger
to the residents of the Borough;
(D) The application contains incomplete or inaccurate information;
(E) The applicant fails to comply with the terms of this chapter, including
failure to remit all fees; and
(F) The special event poses a danger to the general health, safety or
welfare to the Borough's residents.
[Ord. 746, passed 3-7-2011]
The Borough Secretary shall accept as complete, an application
for a special event within seven days after filing thereof. If the
application is deemed to be incomplete, the applicant will be notified
and a notice shall be mailed to the applicant and shall include the
reasons for the denial of the permit application and the procedure
for appeal.
[Ord. 746, passed 3-7-2011]
A special event may not be held more often than every three
months, regardless of a change in location.
[Ord. 746, passed 3-7-2011]
Immediately upon the request for a special event permit, the
Borough Secretary shall send a copy of the application to the following:
(F) Director of Public Works;
[Ord. 746, passed 3-7-2011]
The applicant shall have the sole responsibility of clearing
the special event location of any rubbish and debris and returning
it to its pre-event condition within 12 hours of the conclusion of
the event. If the applicant fails to do so, the Borough shall arrange
such cleanup, and the entire cost of such cleanup shall be charged
to the applicant.
[Ord. 746, passed 3-7-2011]
(A) Reasons for revocation of a special event permit shall include, but
not be limited to:
(1)
Application contained incomplete or inaccurate information;
(2)
Applicant fails to comply with the terms and conditions of the
permit;
(3)
Applicant fails to arrange for or pay all fees; and
(4)
Disaster, public calamity, riot or other emergency exists.
(B) Revocation of a special event permit may be appealed in the same
manner as an appeal from a denial of a permit.
[Ord. 746, passed 3-7-2011]
Any applicant whose special event permit application has been
denied or revoked may appeal the decision of the Borough Secretary
to Borough Council by filing a written notice of such appeal with
the Borough Secretary within five days after receipt of the notice
of denial or revocation. Borough Council shall set a hearing date
within 15 days after receiving the notice of appeal. At such hearing,
the applicant is entitled to be heard and present evidence on his
or her behalf. Borough Council shall determine whether the denial
or revocation of the permit was justified.
[Ord. 746, passed 3-7-2011]
Any person, firm, corporation or other entity, which violates
any of the provisions of this chapter, shall, upon conviction before
a District Judge, be sentenced to pay a fine not exceeding $1,000
plus costs of prosecution. Each day such violation is committed or
permitted to continue after notice from the Borough shall constitute
a separate offense and shall be punishable as such hereunder.