Township of Springfield, PA Parks and Recreation

Special events are of infrequent occurrence and temporary nature and may be associated with promotions, holidays, festivals, etc. Special events may be allowed by a special events permit granted by the Township Manager or his designated representative.

Definitions. The following terms, when used in this chapter, shall have the following meanings:

APPLICANT

Applicant shall include the person, or other entity applying for the special event permit. "Applicant" shall include, but not be limited to, the event's sponsor, organizer, or promoter.

ATHLETIC EVENT

An occasion in which a group of persons collect to engage in or watch a sport or form of exercise on private or public property not designed for such activity and/or 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 or controls. "Athletic events" include, but are not limited to, bicycle and foot races.

BLOCK PARTY

A festive gathering on private property or a street which may or may not require the closure of a street, or a portion thereof, to vehicular traffic, and/or use of the street for the festivity including barbecues, picnics, music or games.

ENTERTAINMENT AREAS

The area(s) designated by the Township Manager or his designated representative as an area within specific boundaries in which a permitted special event may take place. Special event vendors will be allowed within the boundaries of the entertainment areas with proper permitting and approval of the Township Manager or his designated representative.

PARADE

A march or procession consisting of any number of persons, animals, or vehicles, or a combination thereof, on any Township street, sidewalk, alley, or other 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.

PARK

All parks and bodies of water contained therein, squares, drives, parkways, boulevards, trails, beaches, playgrounds, playfields, parking lots, community centers and other park, recreation and open space areas and buildings and facilities comprising the parks and recreation system of the Township under the management and control of the Township of Springfield.

PERMIT APPLICATION FEE

The fee to be paid by the special event permit applicant at the time the application is filed with the Township. Such fee shall be set by the Township Board of Commissioners.

PUBLIC PLACE

Includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, and planting (parking) strips, squares, triangles and rights-of-way for public use and the space above or beneath its surface, whether or not opened or improved.

REFUNDABLE DEPOSIT

The amount of money required of a permittee by the Township in order to assure adequate cleanup of the special event site. The deposit shall be returned to the permittee upon the completion of the event and approval of the Parks and Public Works Departments.

SPECIAL EVENT

Any meeting activity, gathering, or group of persons, animals or vehicles, or any combination thereof, having a common purpose, design or goal, upon a public facility, street, sidewalk, park, waterway, or other place open to the public, where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public area and preempts use by the general public. A special event shall include, but shall not be limited to, a festival celebration, concert, parade, block party, athletic event and other similar gathering which meets one or more of the following: 1) is reasonably expected to cause or result in more than 100 people gathering in a park or other public place; 2) is reasonably expected to have a substantial impact on such park or other public place; and 3) is reasonably expected to require the provision of substantial public services.

SPECIAL EVENTS PERMIT

The permit issued by the Township Manager or his designated representative after the applicant has met all applicable reviews and requirements set forth in this chapter.

SPECIAL EVENT VENDOR

A permitted vendor allowed to operate within entertainment areas during permitted special events.

SUBSTANTIAL IMPACT ON A PARK OR OTHER PUBLIC PLACE

An event which would preclude in whole or in significant part the public's normal and customary use of such park or public place.

SUBSTANTIAL PUBLIC SERVICES

A material increase in the amount, scope, or level of necessary fire, police, traffic control, crowd control, or other public services above those that would normally be required without the event. With respect to police resources, "substantial public services" means resources for crowd management or traffic control required for the event over and above the normal deployment of police in that geographic area of the Township at the time of day during which the event will occur.

§ 90-2 Exceptions.

The provisions of this chapter shall not apply to:

Funeral processions;

Groups required by law to be so assembled;

Pedestrian processions along a route that is restricted to sidewalks and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls; and

Activities and events deemed by the Township Manager or his designated representative to not require a special events permit.

§ 90-3 Administration.

The Township Manager or his designated representative shall, after consultation with appropriate departments and agencies, have discretionary authority regarding special event permits. The Township Manager or his designated representative may approve, modify, or condition an application for a special events permit.

§ 90-4 Special event permit required.

Special event permit. A special event permit from the Township Manager or his designated representative is required for any special event, as defined in this chapter, except that no special event permit shall be required if the event sponsor, organizer, or other party and the Township have entered into a written agreement covering the same matters as would otherwise be included in a special event permit for such an event. Such special event permit shall be in addition to any street or park use permits, or other regular permits as may be required by ordinance. When a special event permit is required, the Township Manager or his designated representative shall, after reviewing the application and if necessary meeting with the organizer, advise the organizer of all other permits that appear to be required for the event based on information contained in the application; and assist the organizer in contacting other departments to apply for all other permits in a timely manner.

Permit fee. The fee for issuance of a special events permit is found in the Township's Fee Schedule Ordinance which is on file in the Township building and available online at springfielddelco.org.

Exemptions.

(1)

No fee shall be imposed when prohibited by the first and 14th amendments to the United States Constitution.

(2)

No fee shall apply to a block party that occurs on private property and fees may be waived for special events sponsored by nonprofit agencies and which further the goals and objectives of the Township.

Special event permit application.

(1)

Any person wishing to sponsor a special event must apply for a special event permit by filing an application with the Township Parks Department 30 days prior to the date on which the event is to begin to occur.

(2)

The Township Manager or his designated representative shall issue the special events permit once the application has been approved after review of appropriate agencies to include police, fire, health, public works, licenses and inspections, parks, and others as determined by the Township Manager or his designated representative, and the applicant has agreed in writing to comply with the terms and conditions of the permit.

(3)

The Township Manager or his designated representative shall approve, conditionally approve, or deny an application based on the recommendations of Township departments involved in the review process.

§ 90-5 Conditions authorized.

The Township Manager or his designated representative may include in a special event permit, among other provisions, reasonable terms or conditions as to the time, place and manner of the event; the implementation of a plan presented by the applicant and approved by the Township for crowd control, traffic control, and security; compliance with health and sanitary regulations as explicated by the Health Department for the event; coordination with the Fire Department or medical personnel for emergency treatment and evacuation of people who may need immediate care, cardio-pulmonary resuscitation or ambulance service; emergency communication; fire suppression equipment with structures; maintenance of unobstructed emergency passageways; and, where traffic congestion may be anticipated, encouraging the use of public transit and carpooling. In determining conditions, the Township Manager or his designated representative shall consider anticipated impacts of the event based on an assessment of the event, including size, scope, complexity, and history as well as the event's or event organizer's successful implementation of conditions included in previous permits. Conditions shall be based upon projected impacts on public safety, public places and public services, but shall not be based upon the programming content of the event or message that the proposed event may convey.

In order to accommodate other concurrent events, the rights of abutting owners, and the needs of the public to use streets or parks, the conditions may include, but are not limited to, reasonable adjustments in the date, time, route or location of the proposed event; accommodations of pedestrian or vehicular traffic using the street; and limitations on the duration of the event.

§ 90-6 Denial or revocation of permit.

Denial. A special event permit may be denied based upon a determination that:

(1)

The proposed event would unreasonably disrupt the orderly or safe circulation of traffic or as would present an unreasonable risk of injury or damage to the public; or

(2)

The event would seriously inconvenience the general public; or

(3)

The event would unreasonably infringe upon the rights of abutting properties; or

(4)

The proposed event is proximate to another previously permitted or previously scheduled event, so that the combined impacts and required public services exceed what the Township, after reasonable efforts have been made to accommodate both events, can reasonably provide, or the proposed event would interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting properties; or

(5)

There are not sufficient safety personnel or other necessary Township staff to accommodate the event; or

(6)

The applicant failed to complete the application form after being notified of the additional information or documents required; or

(7)

The applicant supplies false or misleading information; the applicant fails to complete the application or to supply other required information or documents; or the applicant declares or shows an unwillingness or inability to comply with reasonable terms or conditions contained in the proposed permit; or

(8)

The applicant cannot meet, or is unwilling to meet, all of the requirements of this chapter or any special conditions imposed by any of the reviewing agencies; or

(9)

Other issues in the public interest were identified by the Township Manager or his designated representative; or

(10)

Failure to prepay expenses.

Revocation. The Township Manager or his designated representative may cancel or revoke a permit already issued upon written notice to the applicant stating the grounds for revocation if:

(1)

The applicant, in the information supplied, has made misstatement of a material fact, the applicant has failed to fulfill a term or condition of the permit in a timely manner, or the check submitted by an applicant in payment of the fee for a permit has been dishonored; or

(2)

The applicant requests the cancellation of the permit or cancels the event; or

(3)

An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety. The Township shall refund the permit fee in the event of a revocation caused by an emergency or supervening occurrence; the Township shall refund the balance of the fee less its costs incurred if the cancellation occurs at the request of an applicant who is in compliance with this chapter.

§ 90-7 Indemnification.

Prior to the issuance of the special event permit, the applicant must agree to reimburse the Township for any costs incurred by the Township in repairing damage to Township property occurring in connection with the permitted event.

The permittee agrees to defend, indemnify and save harmless the Township, its appointed and elected officers and employees from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the Township, its elected officials or employees for damages because of personal or bodily injury, including death at any time therefrom, sustained by any person or persons and on account of damage to property or loss therefrom, arising out of any activity under or in connection with the special event, except only such injury as shall have been occasioned by the sole negligence of the Township, its appointed or elected officers or employees.

The Township Manager or his designated representative has the authority to require a refundable deposit as suggested by the Parks and Public Works Departments for reimbursement of the costs for cleanup services.

§ 90-8 Insurance required.

As required by the Township Manager or his designated representative, the permittee shall provide the Township with proof of commercial general liability insurance generally in the amount of $1,000,000 combined single-limit per occurrence, and an endorsement naming the Township of Springfield as an additional insured must be provided.

Certificates of insurance shall be submitted to the Township for approval no less than 15 working days prior to the event. Acceptability of insurance is subject to approval by the Township's Solicitor.

§ 90-9 Entertainment areas and special event vendors.

The Township Manager or his designated representative shall have the right to designate the entertainment areas for permitted special events. Entertainment areas may include by not be limited to streets that have been approved for closure and public areas.

Special event vendors.

(1)

Special event vendors within entertainment areas:

(a)

Are permitted within the designated entertainment area with approved permit issued by the Township Parks Department;

(b)

Must apply for a special event vendor permit and be approved by the Township Manager or his designated representative;

(c)

Must remit the fee for issuance of a special events vendor permit shall be set by ordinance of the Township Board of Commissioners;

(2)

The Township Manager or his designated representative reserves the right to determine location of special event vendors within entertainment areas.