[HISTORY: Adopted by the Board of Supervisors of the Township
of Charleston 10-17-1977 by Ord.
No. 110. Amendments noted where applicable.]
As used in this chapter, unless the context requires otherwise,
the following terms shall have the meanings indicated:
An agent occupant, lessee, contract purchaser, or person
other than the owner having possession or control of property.
All assemblies of people for the purpose of public amusement
reasonably anticipated to number more than 500 for a continuous period
of two hours or more, more than 10% of whom will assemble outdoors
or in structures specially constructed, erected, or assembled for
the gathering, whether or not an admission fee is charged.
Any natural person, association, partnership, firm, corporation,
joint venture, or any other legal entity whatsoever, who initiates,
organizes, promotes, permits, conducts or causes the advertisement
of a public gathering.
It shall be unlawful for any sponsor, owner of property, or
person in charge of property to initiate, organize, promote, permit,
conduct, or cause to be advertised a public gathering, unless a permit
has been obtained pursuant to this chapter. A separate permit shall
be required for each public gathering for the period of time designated
by the permit.
No public gathering may be held within the boundaries of Charleston
Township, Tioga County, Pennsylvania, unless the sponsor, the owner
of property and the person in charge of property upon which the gathering
will be conducted jointly apply for and be granted a permit as herein
provided.
A.
No permit shall be available for an extent of more than 48 hours
duration unless application and permit specifically allow for an extension
of that period.
B.
No applicant shall be under 21 years of age.
C.
No permit may be transferred or assigned.
D.
In case of dispute over the number of people reasonably anticipated
to attend the public gathering, the decision of the Board of Supervisors
of Charleston Township shall control.
A.
Written application for each public gathering shall be made to the
Board of Supervisors of Charleston Township according to the following
schedule:
(1)
A gathering numbering 500 to 2,000 persons: 20 days prior to the
first day upon which the public gathering is to commence.
(2)
A gathering numbering 2,000 to 3,500 persons: 30 days prior to the
first day upon which the public gathering is to commence.
(3)
A gathering numbering 3,500 to 5,000 persons: 45 days prior to the
first day upon which the public gathering is to commence.
(4)
A gathering numbering over 5,000 persons: 60 days prior to the first
day upon which the public gathering is to commence.
B.
Application shall be made on forms specified by the Board of Supervisors
of Charleston Township and shall contain at least the following information:
(1)
The full legal name, address and telephone numbers of all sponsors.
(2)
The full legal name and address of the owner and person in charge
of the property to be utilized for the public gathering.
(3)
If the sponsor-applicant is a partnership or joint venture, then
all parties thereto shall sign as applicants. If the sponsor-applicant
is a corporation, copies of the articles of incorporation, bylaws,
and resolution authorizing the application may be required.
(4)
The location and address of the property to be utilized for the public
gathering.
(5)
The program for the public gathering, or if no program is prepared,
a narrative statement as to the purpose for which the public gathering
is to be conducted.
(6)
A diagramatic sketch plan of the proposed site of the mass gathering
showing the locations and dimensions of the proposed service roads,
portable water facilities, sanitary facilities, sewage disposal facilities,
medical service facilities, distribution of security personnel, and
provisions for food storage, as well as camping facilities and projected
plans for enclosure, if necessary, of the proposed site.
(7)
Evidence that all permits and licenses, as required by state and
county statutes and rules and regulations enacted thereunder, have
been obtained or will be obtained.
(8)
A statement of the number of persons expected to attend such event
and the duration of such attendance.
(9)
The specific details relating to:
(a)
Food and drink.
(b)
Sanitary facilities.
(c)
Transportation and parking facilities.
(d)
Security and protection of surrounding areas, including specific
reference to the number of marshals assisting in the control of traffic
and supervision of those attending.
(e)
On-site medical facilities and hospital care.
(f)
Janitorial services and post-gathering trash removal.
(10)
A certified copy of the bond or verified evidence of other suitable
financial arrangements, as hereinafter required, must be attached
to the application.
(11)
A statement containing the names and addresses of licensed ticket
printers to be used and the plans for assuring the return of monies
upon the termination or cancellation of the event, as well as the
means of notifying potential and existing ticket holders of such cancellation,
where the anticipated number of people attending is over 5,000 persons.
(12)
Examples of proposed advertising of the event, if any.
(13)
Applicants' statement that they shall abide by the terms and
provisions of this chapter, and all laws, rules and regulations of
the Commonwealth of Pennsylvania, County of Tioga and Township of
Charleston.
C.
Each application shall be accompanied with a cash fee to cover the
cost of inspection, investigation, issuance, and administration of
the permit in the following amounts:
|
Persons Reasonably Anticipated
|
Amount of Fee
|
|---|---|
|
500 to 2,000
|
$50
|
|
2,000 to 3,500
|
$100
|
|
3,500 to 5,000
|
$250
|
|
5,000 to 10,000
|
$500
|
|
Over 10,000
|
$2,000
|
(1)
No part of the permit fee is refundable.
D.
The Board of Supervisors, or its agent, shall either grant or deny
the application for permit according to the following schedule:
(1)
A gathering numbering 500 to 2,000 persons: five days prior to the
first day upon which the public gathering is to commence.
(2)
A gathering numbering 2,000 to 3,500 persons: 10 days prior to the
first day upon which the public gathering is to commence.
(3)
A gathering numbering 3,500 to 5,000 persons: 15 days prior to the
first day upon which the public gathering is to commence.
(4)
A gathering numbering over 5,000 persons: 20 days prior to the first
day upon which the public gathering is to commence.
The applicants shall submit with their application a corporate
bond of indemnity in a form approved by the Township Solicitor or
cash deposit to save and protect Township streets, pavements, bridges,
road signs and all other Township property from any and all damage
that might be caused by vehicles, employees, or participants in the
public gathering, and to be used, if necessary, to restore the premises
where such public gathering is held to a sanitary condition and pay
all charges and losses to the Township for damages to the streets,
pavements, bridges, and all other Township property.
A.
Should the permitted public gathering necessitate that the Township
deploy or employ additional personnel as a direct result of the public
gathering, such added expense shall be recoverable from the principals
and/or their indemnitor. The cash deposit or its balance will be returned
to the applicants upon final audit of the Township as to what damages,
if any, occurred and what deployment and employment of personnel,
if any, was necessitated.
B.
The corporate bond of indemnity or cash deposit shall be in the following
amounts:
|
Persons Reasonably Anticipated
|
Cash Deposit or Bond Amount
|
|---|---|
|
2,500 to 2,000
|
$500
|
|
2,000 to 3,500
|
$1,000
|
|
3,500 to 5,000
|
$2,000
|
|
5,000 to 10,000
|
$10,000
|
|
over 10,000
|
$25,000
|
C.
The property owner or person in charge of the property making application
shall sign as an additional indemnitor, to insure against damage to
streets, pavements, bridges, road signs, and all other Township property,
to meet costs of the Township for deploying or employing personnel
directly attributable to the conduct of the public gathering, and
to insure that the property will be restored to a sanitary condition.
A.
No permits shall be issued by the Board of Supervisors of Charleston
Township, or its agent, unless all of the conditions recited herein
have been satisfactorily concluded according to the following schedule:
(1)
A gathering numbering 1,500 to 2,000 persons: six days prior to the
first day upon which the public gathering is to commence.
(2)
A gathering numbering 2,000 to 3,500 persons: 11 days prior to the
first day upon which the public gathering is to commence.
(3)
A gathering numbering 3,500 to 5,000 persons: 16 days prior to the
first day upon which the public gathering is to commence.
(4)
A gathering numbering over 5,000 persons: 21 days prior to the first
day upon which the public gathering is to commence.
B.
Sanitary facilities. Written approval of the Pennsylvania Department
of Environmental Protection, indicating that the applicant's plan
for water supply, toilet facilities, washing facilities, and, if applicable,
food preparation and service, the type of food preparation and food
facilities to be provided conform with applicable state and county
laws, rules and regulations relating to the public health.
C.
Public safety. Written statement of the Charleston Township Constable
indicating that plans have been made to meet the following conditions:
(1)
Applicants have provided for adequate traffic control and crowd control
personnel, i.e., one marshal for every 50 motor vehicles reasonably
anticipated to be at the location and one marshal for each 150 persons
reasonably anticipated to be in attendance.
(2)
A list of those marshals must be presented to the Charleston Township
Constable with the application. The marshals must be orientated and
instructed by the Constable and the sponsor of the public gathering
prior to the commencement of the gathering.
(3)
Applicants have completely enclosed the ground where the public gathering
is to be held with snow fencing or other similar material of equivalent
strength of not less than four feet in height.
(4)
Adequate lighting must be provided subject to approval of the Board
of Supervisors.
D.
Medical services. Written approval by the Pennsylvania Department
of Environmental Protection indicating that sufficient medical service
has been provided by the applicant. Each public gathering shall have
as a minimum one ambulance staffed by two adult individuals trained
in first-aid techniques in attendance at all times.
E.
Parking facilities. Written approval of the Charleston Township Constable
indicating that parking is available within or adjacent to the premises
upon which the public gathering is to be conducted, as herein provided:
(1)
Such parking facilities shall provide parking space for one vehicle
for every four persons reasonably anticipated to be in attendance
at the public gathering.
(2)
Adequate ingress and egress shall be provided from such parking area
to facilitate the movement of any vehicle at any time to or from the
parking area; provided, however, that should buses be used to transport
the public to the public gathering, it shall be shown that public
parking, as described above, is available at any site from which buses
are scheduled to pick up persons to transport them to the public gathering.
All facilities, including stages, to be specially assembled,
constructed, or erected for the public gathering must be in place
at least 24 hours before the commencement of the public gathering
and be approved by the Charleston Township Board of Supervisors or
its approved agent.
A.
No permittee, or persons having control of the public gathering,
shall condone the presence of alcoholic beverages or drugs or the
consumption of alcoholic beverages or drugs on the property, and no
person during the public gathering shall take or carry onto the property,
or consume thereon, alcoholic beverages or drugs.
B.
The burden of preserving order during the public gathering is upon
the permittees of the public gathering. Any violations of the laws
of the Commonwealth of Pennsylvania, or its rules and regulations,
or of the terms and conditions of this chapter, or other ordinances
of Tioga County or of Charleston Township, of the permit granted hereunder
may be cause for immediate revocation of the permit by the Board of
Supervisors of Charleston Township or by the Pennsylvania Department
of Environmental Protection upon notification to the person in charge
that a violation exists and the failure of the person in charge to
take immediate action to correct the violation. Upon revocation of
any permit, the permittees of the public gathering shall immediately
terminate the assembly and provide for the orderly dispersal of those
in attendance.
C.
The Board of Supervisors of Charleston Township, its authorized agents
and representatives, and the representatives of the county and Township
departments having responsibility for approval under this chapter
shall be granted access to the public gathering at all times for the
purpose of inspection and enforcement of the terms and conditions
imposed herein.
D.
No musical entertainment, either live or recorded, utilizing sound
amplification equipment shall be operated in a location which is less
than 500 feet from any school house, church, dwelling unit, or any
other place of permanent human habitation, and there will be no programmed
entertainment provided between the hours of 11:00 p.m. and 10:00 a.m.
E.
If at any time during the conduct of the public gathering the number
of persons in attendance exceeds by 10% the number of persons represented
by the applicants for the permit anticipated to be in attendance,
the Board of Supervisors of Charleston Township, the Pennsylvania
Department of Environmental Protection, or the Township Constable
shall have the authority to require the applicants to limit further
admissions until all conditions and provisions recited herein are
met.
F.
Any applicant with more than a 10% proprietary interest, if any,
in the public gathering, and the owner of property or person in charge
of the property, or their designated agents or representatives, shall
be required to be in attendance at the public gathering and shall
be responsible for ensuring that no person shall be allowed to remain
on the premises who is violating any state, county, or Township laws,
rules or regulations.
G.
Public gatherings operating without a permit under this chapter based
on a reasonable anticipation of less than 500 persons in attendance
shall limit attendance therein to 499 persons, and printed tickets,
if utilized, cannot number more than 499.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who initiates, organizes, promotes, permits, conducts
or causes to be advertised a public gathering without obtaining the
permit provided in this chapter, or who knowingly conducts, permits
or allows a public gathering with a permit but in violation of the
terms and provisions of this chapter and of the permit granted, or
who shall counsel, aid or abet such violation or failure to comply,
shall, upon conviction thereof by any Magisterial District Judge,
be subject to a fine of not more than $600, plus all court costs,
including reasonable attorneys' fees, incurred by the Township in
the enforcement of this chapter. 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.
This chapter shall in no way be a substitute for, nor eliminate
the necessity of, complying with any and all state laws, rules and
regulations, county and Township ordinances which are now, or may
be in the future, in effect which pertain to the conduct of public
gatherings.
