[HISTORY: Adopted by the Board of Supervisors of the Township of East Lampeter 11-9-2015 by Ord. No. 318. Amendments noted where applicable.]
The following words or phrases, when used in this chapter, shall have the meaning ascribed to them in this chapter, except where the context clearly indicates a different meaning:
CIRCUSES or CARNIVALS
An itinerant enterprise consisting principally of temporary amusement structures and/or mechanical rides.
EVENT
Any gathering of 50 or more individuals on public property, whether held indoors or outdoors, for any organized purpose, which as a result of the size of the property involved and the number of individuals in attendance is likely to cause an impact, whether social, environmental, economic, or otherwise, on any adjacent property, whether private or public, or on any roadway. Events may include, but are not limited to: media productions, circuses or carnivals, festivals or concerts, artisan or craft exhibitions, athletic events carried on in places other than those specifically designated for such events, and road activities.
MEDIA PRODUCTIONS
Any event, the primary purpose of which is to facilitate the creation, in whole or in part, of a motion picture, television show, radio communication, or otherwise create video, sound, or other communication.
PRIVATE SCHOOL
An educational institution, the contributions to which are tax-deductible for federal income tax purposes. This term includes parochial schools.
PUBLIC PROPERTY OR RESOURCES
Any property owned by a government entity, including the Township, and any instrumentality of a government entity, including public utilities, government employees or personnel, and the like.
PURELY PUBLIC CHARITY
A charity as defined by the Purely Public Charity Act, 10 P.S. § 371 et seq.
RESPONSIBLE PARTY
The individual or individuals who wish to hold an event and who will be accountable to the Township in assuring compliance with this chapter. There may be more than one responsible party, and at least one such individual shall be physically present at the Event for the dates and hours of the event.
ROAD ACTIVITIES
Any event which will take place primarily on one or more roadways within the Township, including, but not limited to: road rallies, motorcades, parades, marches and bicycle or foot races.
SAFETY PERSONNEL
A public servant who may include one or more of the following individuals: police officers, firefighters, fire police, emergency medical technicians, ambulance personnel, or other like individuals and the entities which coordinate such individuals.
TOWNSHIP
East Lampeter Township.
TOWNSHIP MANAGER
The East Lampeter Township Manager. This term shall also include any person specifically designated by the East Lampeter Township Manager to act on his or her behalf.
It shall be unlawful for any person to hold or conduct any event, as defined in this chapter, within the Township without first having obtained a permit for such event from the Township Manager for which a fee for the use of the Township or its safety personnel shall be paid as established herein.
The following events shall be exempt from the requirement to pay the nonrefundable application fee as required by § 254-4B of this chapter, but shall nevertheless be required to apply for and obtain a permit as required by § 254-4A of this chapter:
A. 
An event held by or for the benefit of a government body;
B. 
An event held by or for the benefit of a volunteer fire company or ambulance association; and
C. 
Any other event which is operated in a manner in which substantially all of the net proceeds will be distributed to or are for the benefit of a purely public charity or for a public or private school.
A. 
A written application for a permit under this chapter shall be submitted to the Township Manager by a responsible party at least 30 days prior to the event and shall provide:
(1) 
The full name, address, telephone number, date of birth, driver's license number or state identification card number and business affiliation, if any, of the responsible party requesting the permit;
(2) 
A list of the address(es) or location(s) of the event, and a map depicting the precise location(s) of the event;
(3) 
The date(s) and hours during which the event will take place;
(4) 
A description of the event, including the purpose of the event, an approximation of the number of individuals who will be involved, and the nature of the activity or activities to take place during the event, including any potentially dangerous or hazardous activities;
(5) 
A statement describing the use of any public property or resources or any public highway, including a description of any necessary traffic control plan;
(6) 
Whether it is likely that the event will include use of alcoholic beverages or any other substance that would be likely to cause intoxication;
(7) 
A description of the safeguards to be taken to protect adjacent properties from the effects of the event, including noise control, crowd control, air pollutants, and provisions for the disposition of waste and other rubbish which results from the event; and
(8) 
Proof of the availability of a policy of liability insurance covering the event, naming the Township as an additional insured, in an amount which matches the amount of insurance carried by the Township at the time of the application, or $2,000,000, whichever is greater.
B. 
The responsible party shall remit with the application a nonrefundable application fee which shall be set by the Board of Supervisors of the Township pursuant to resolution[1].
[1]
Editor's Note: See Ch. A395, Fee Schedules, Art. III.
A. 
Every application shall be reviewed by the Township Manager within 10 business days after the application is submitted.
B. 
Upon the review of any application, the Township Manager shall determine the need, if any, for additional safety personnel as a result of the event, determine the cost for such additional safety personnel, and promptly notify the responsible party in writing of such cost along with a statement outlining the specific safety personnel required and the purpose for which the safety personnel are required. Within five days of such notice, the responsible party shall pay to the Township the full cost of the additional safety personnel.
C. 
Upon receipt of the payment of the cost for additional safety personnel, the Township Manager shall grant the application and issue the permit to the responsible party.
D. 
At all times during the event, the responsible party shall have the permit available for inspection.
E. 
An application for permit may only be denied for the following reasons:
(1) 
The application is incomplete;
(2) 
One or more of the statements in the application is not true;
(3) 
The responsible party or any agent or representative of the responsible party who will attend the event has previously violated any of terms or provisions of this chapter or any prior permit issued thereunder; or
(4) 
The responsible party has failed or refused to pay the cost of the additional safety personnel as required by this section;
(5) 
If more than one application is filed requesting the use of the same location on the same date and during the same time, the Township Manager shall use reasonable efforts to accommodate all applicants. However, if such accommodation is not possible, the application submitted first will be granted, and all subsequent applications will be denied.
F. 
In the event one or more of the above are discovered, the Township Manager may, in his or her discretion, deny the application and refuse to grant the permit. Upon denial of an application, the Township Manager shall cause to be issued a letter notifying the responsible party of the denial, along with a statement of the reason(s) for such denial, as soon as practical.
A permit granted under this chapter may be cancelled at any time after issuance, up to and until the conclusion of the event, if any of the reasons for denial of the application as provided in § 254-5 should be discovered or become apparent. Upon cancellation of a permit, the Township Manager shall cause to be issued a letter notifying the responsible party of the cancellation, along with a statement of the reason(s) for such cancellation, as soon as practical.
A responsible party shall not receive a refund of the additional safety personnel costs paid in connection with the issuance of a permit unless:
A. 
The property on which the event is to occur is subjected to an act of God, fire, flood, hurricane or other natural disaster which renders the property unusable on the date(s) the event is scheduled to take place; and
B. 
The additional safety personnel costs paid by the responsible party have not been dedicated to secure such additional safety personnel for the event by virtue of a contract with the safety personnel.
Administration and enforcement of this chapter shall be functions of the Township. Initial determinations of violation of this chapter may be delegated by the Township to an entity deemed fit to make such determinations. The Township, or its designee, shall have the power to issue a notice of violation or citation to any party who appears to have violated this chapter and shall have the power to take such other action to preserve public safety, prevent public injury, and maintain the welfare of the Township and its citizens.
Any person or entity who violates any provision of this chapter, or who fails to abide by any and all terms and conditions contained in the permit, upon conviction thereof by summary proceedings before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses, shall be subject to a fine of not less than $500, plus the costs of any additional safety personnel required as a result of the event, together with costs incurred by the Township in enforcing the provisions of this chapter. If in default of such costs or fines, the responsible party may be confined to the county prison for a period not to exceed 30 days. All fines collected for the violation of this chapter shall be paid to the Treasurer of the Township for the general use of the Township.
Upon denial of an application, cancellation of a permit, conviction of a violation of this chapter or denial of refund of safety personnel costs, the responsible party may appeal from such denial, cancellation, finding of violation, or refusal of refund within 10 days of the date of such to the Township Board of Supervisors. All such appeals will be governed by the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
If any sentence, clause, section or other part of this chapter is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality illegality, or invalidity shall not impair or affect any of the remaining provisions, sentences, clauses sections or parts of this chapter. It is hereby declared as the intent of the Township that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause section or part thereof not been included herein.