[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Providence 12-15-2008 by Ord. No. 497 (Ch.
149 of the 1990 Code). Amendments noted where applicable.]
In order to protect and promote the health,
safety and welfare of the attendees and Township residents attending
special events and living in proximity to these events, this chapter
provides for the establishment of a permit requirement and establishes
standards for the issuance of a permit for parades, athletic events,
street fairs, craft shows, carnivals, block parties, rallies and other
activities that occur in Township parks or on a Township street, sidewalk,
alley or other street right-of-way which obstruct, delay or interfere
with the normal flow of pedestrian or vehicular traffic or do not
comply with traffic laws and controls. Permits shall also be required
for special events occurring on private property, such as conferences,
exhibition and exposition shows, concerts and athletic events, which
impact traffic and other Township services. This chapter also establishes
standards for the reimbursement of the Township's expenses caused
by special events which will result in interference with the normal
flow of traffic or otherwise require provision of Township services
in excess of that which would be required absent the special event.
A.
ANNUAL PERMIT
APPLICANT
ATHLETIC EVENT
BLOCK PARTY
FIRE OFFICIAL
PARADE
PERMIT APPLICATION FEE
PERMITTEE
RIGHT-OF-WAY
SPECIAL EVENT
TOWNSHIP
As used in this
chapter, the following words and phrases shall have the meanings given
in this section, as follows:
A permit issued annually by the Township to an owner or operator
that anticipates holding four or more annual events requiring special
events permits. Individual show promoters will still require individual
special event permits for each event.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, entity and/or any sponsoring organization who
or which seeks a special event permit from the Township to conduct
or sponsor an event governed by this chapter. Any entity or organization
shall designate an individual person as the responsible contact person.
An occasion in which a group of persons collectively engage
in a sport or form of physical exercise on or in a Township park,
a Township street, sidewalk, alley or other street right-of-way which
uses said park facilities or obstructs, delays or interferes with
the normal flow of pedestrian or vehicular traffic or does not comply
with traffic laws and controls. Athletic events shall include bicycle
and foot races.
A festive gathering of the residents on a residential street
requiring a closure of a street or a portion thereof to vehicular
traffic and use of the street for the festivity, including barbecues,
picnics, music or games.
Director of Fire and Emergency Services or his designee.
A march or procession consisting of persons, animals or vehicles
or any combination thereof on any Township street, sidewalk, alley
or other street right-of-way which obstructs, delays or interferes
with the normal flow of pedestrian or vehicular traffic and/or does
not comply with traffic laws or controls.
The fee to be paid by the special event permit applicant
at the time the application is filed with the Township. A fee schedule
shall be set by the Board of Supervisors by resolution from time to
time and shall cover the actual full costs, or a portion thereof,
of processing and investigating special event applications and administering
the special event permit program.
Any person, entity and any sponsoring organization who has
been issued a special event permit by the Township.
Public streets, alleys and crosswalks, including bike and
pedestrian paths.
Parade, athletic event, street fair, art and craft show,
carnival, block party, soap box derby, rally and other special events
or activities that occur on or in a Township park, a Township street,
sidewalk, alley or other street right-of-way which obstruct, delay
or interfere with the normal flow of pedestrian or vehicular traffic
and/or do not comply with traffic laws and controls. Event shall also
mean indoor or outdoor concerts, expositions, displays, fairs, carnivals
and athletic events occurring on private property which are designed
to attract large crowds, interfering with the normal traffic flow.
The Township of Upper Providence, the Township Manager or
his designee.
B.
Word usage. The
present tense includes the future. The singular includes the plural,
and the plural includes the singular. The masculine includes the feminine
and the neuter.
Any person or organization desiring to conduct
or sponsor a special event in Upper Providence Township shall first
obtain a special event permit from the Township.
A.
Annual permit:
(1)
Owners, groups
and organizations who anticipate holding four or more events per year
are required to obtain an annual permit, provided that they pay the
fees as designated by resolution of the Board of Supervisors and submit
the following information to the Township:
(b)
An itinerary/calendar
of events;
(c)
Complete
contact information for the property owner and operator;
(d)
Designated
traffic routes;
(e)
Parking
locations on site and remote parking (if required);
(f)
A signed
affidavit acknowledging their responsibility for the life safety of
occupants during special events.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Any and all
changes to the information provided under the annual permit shall
be reported to the Township as an amendment to the annual permit.
B.
A special event
permit is not required for the following:
(1)
Funeral processions.
(2)
Parades involving
a total of 40 or fewer pedestrians marching along a parade route that
is restricted to marching on sidewalks and crossing streets only at
pedestrian crosswalks in accordance with traffic regulations and controls.
Pedestrians participating in the parade shall cross at crosswalks
in units of 15 or fewer and shall allow vehicles to pass between each
unit.
(3)
Parades, athletic
events or other special events which occur exclusively on Township
property, public streets or school district property and are sponsored
by the Township or by the school district.
(4)
Parades, athletic
events or other special events which occur exclusively on Township
property and are permitted and regulated under the Upper Providence
Township Department of Parks and Recreation.
(5)
Normal day-of-worship
church services and youth-oriented summer programs and vacation bible
schools. Evangelical events expecting more than 300 attendees shall
obtain a special event permit.
(6)
Special events
held at hotel venues that are attended by fewer than 200 people.
A.
Any person, entity or organization desiring to sponsor a parade, athletic event or other special event not exempted by § 251-3 shall apply for a special event permit by filing a verified application with the Township on a form supplied by the Township. The requisite fees shall be waived for applications for parades, athletic events or other special events which occur exclusively in what is known as the "Schuylkill Canal Park," in and along the Montgomery County Bike Trail, or involves events sponsored by the Mont Clare Fire Company or the Oaks Fire Company.
B.
All applications
shall be submitted not less than 30 days nor more than 90 days before
the event date(s).
C.
Upon a showing
of good cause, the Township shall consider an application that is
filed after the filing deadline if there is sufficient time to process
and investigate the application and obtain police services for the
event. Good cause can be demonstrated by the applicant by showing
that the circumstances that gave rise to the permit application did
not reasonably allow the participant to file within the time prescribed.
D.
The application
for a permit shall be accompanied by a nonrefundable permit application
fee which shall defray the administrative costs of the Township in
making preparations for such special events in the amount set by the
Board of Supervisors from time to time by resolution.
A.
The application
for a special event permit shall provide the following information:
(1)
The name,
address and telephone number of the applicant and an alternative contact
person. The name, address and telephone number of the property owner
where the event is to occur.
(2)
If the event
is proposed to be sponsored by an organization, the name, address
and telephone number of the organization and the authorized officer
or head of the organization; if requested by the Township, written
authorization to apply for this special event permit by an officer
of the organization.
(3)
The name,
address and telephone number of the person who will be present and
in charge of the event on the day of the event.
(4)
The nature
and/or purpose of the event.
(5)
The date and
estimated starting and ending times of the event.
(6)
The location
of the event, including a description of its boundaries.
(7)
The estimated
number of participants and/or spectators.
(8)
The type and
estimated number of vehicles, animals and structures that will be
used at the event and whether there will be water aid stations or
first aid stations at the event.
(9)
What provisions
have been made for sanitary facilities for persons participating in
or attending the event.
(10)
A description
of any lighting and sound-amplification equipment that will be used
at the event.
(11)
Whether
any food or beverages or alcoholic beverages will be sold at the event.
(12)
Whether
monitors will be employed at the event.
(13)
Parking
requirements for the event.
(14)
If the proposed
event is to be held within a structure, a written firesafety and evacuation
plan shall be prepared and approved by the Fire Official prior to
the event. The permittee shall be responsible for maintaining the
operational effectiveness of the plan during the event. The firesafety
and evacuation plan shall be signed and acknowledged by the permittee.
B.
Additional information
required for parades, races and other events occurring along a route
shall be as follows:
(1)
The assembly
point for the event and the time at which units of the parade or other
event will begin to assemble.
(2)
The route
to be traveled.
(3)
Whether the
parade or other event will occupy all or only a portion of the streets
proposed to be traversed.
(4)
The intervals
of space to be maintained between units of a parade or other event.
(5)
The number,
types and sizes of vehicles and floats.
(6)
The material
and maximum size of any signs or banners to be carried along the route.
The Township shall approve, conditionally approve or deny an application for the grounds specified in § 251-7. Such action shall be taken no later than 10 days after receiving a completed application for an event. If the application is denied or conditionally approved, the Township shall inform the applicant of the grounds for denial, in writing, or the reason for a change in the date, time, route or location of the event and his right of appeal. If the Township relied on information about the event other than that contained in the application, it shall inform the applicant what information it considered. The applicant shall be notified of any permit conditions at the time the application is approved and of his right of appeal of the permit conditions. If the Township refuses to consider a late application under § 251-4C, the Township shall inform the applicant of its reason for the refusal and of his right to appeal.
A.
The Township shall
approve an application for a special event permit, unless it is determined
from a consideration of the application or other pertinent information
that:
(1)
Information
contained in the application or supplemental information requested
from the applicant is found to be false in any material detail.
(2)
The applicant
failed to complete the application form after having been notified
of the additional information or documents required.
(3)
The sole purpose
of the event is advertising of any product, good, ware, merchandise.
(4)
Another special
event permit application has been received prior in time or has already
been approved to hold another event at the same time and place requested
by the applicant or so close in time and place as to cause undue traffic
congestion or the Police Department is unable to meet the needs for
police services for both events.
(5)
The time,
route or size of the event will substantially interrupt the safe and
orderly movement of traffic contiguous to the event site or route
or disrupt the use of a street at a time when it is usually subject
to a great traffic congestion.
(6)
The concentration
of persons, animals and vehicles at the site of the event or the assembly
and disbanding areas around an event will prevent proper police, fire
or ambulance services to areas proximate to the event.
(7)
The size of
the event will require diversion of so great a number of police officers
of the Township to ensure that participants stay within the boundaries
or route of the event or to protect participants in the event as to
prevent normal protection to the rest of the Township. Nothing herein
authorizes denial of the permit when additional peace officers would
be available to the Township under applicable state law and mutual
aid plans, if requested by the Township in advance of the event. Nothing
herein authorizes denial of a permit because of the need to protect
participants from the conduct of others, if reasonable permit conditions
can be imposed to allow for the adequate protection of event participants
with the number of police officers available to police the event.
(8)
The parade
or other event moving along a route will not move from its point of
origin to its point of termination in three hours or less.
(9)
The location
of the event will substantially interfere with any construction or
maintenance work scheduled to take place upon or along the Township
streets or a previously granted encroachment permit.
(10)
The event
will occur at a time when a school is in session at a route or location
adjacent to the school or class thereof and the noise created by the
activities of the event would substantially disrupt the education
activities of the school or class thereof.
(11)
Any life
safety systems within the structure failed to pass the Fire Official's
inspection, including but not limited to the sprinkler system, alarm
system, exit components and their operation and private water service
systems.
(12)
The applicant
failed to submit a firesafety and evacuation plan for review by the
Fire Official.
B.
When the grounds for denial of an application for permit specified in Subsection A(4) through (10) above can be corrected by altering the date, time, duration, route or location of the event, the Township shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with Subsections A(4) through (10) above.
The Township may condition the issuance of a
special event permit by imposing reasonable requirements concerning
the time, place and manner of the event and such requirements as are
necessary to protect the safety of persons and property and the control
of traffic, provided that such conditions shall not unreasonably restrict
the right of free speech. Such conditions include:
A.
Alteration of
the date, time, route or location of the event proposed on the event
application.
B.
Conditions concerning
the area of assembly and disbanding of a parade or other event occurring
along a route.
C.
Conditions concerning
accommodation of pedestrian or vehicular traffic, including restricting
the event to only a portion of a street traversed.
D.
Requirements for
the use of traffic cones or barricades.
E.
Requirements for
provision of first aid or sanitary facilities.
F.
Requirements for
use of event monitors and providing notice of permit conditions to
event participants.
G.
Restrictions on
the number and type of vehicles, animals or structures at the event
and inspection and approval of floats, buildings, structures and decorated
vehicles for firesafety by the Upper Providence Township Fire Marshal.
H.
Compliance with
animal protection ordinances and laws.
I.
Requirements for
use of garbage containers, cleanup and restoration of Township or
other public property and the properties of adjoining persons which
may be impacted by the special event.
J.
Restrictions on
use of amplified sound.
K.
An application
for a special event permit to conduct a block party may be conditioned
on notice to the residents of dwellings along the affected street(s).
The issuance of a special event permit does not exempt the event from
compliance with the noise ordinance.
L.
Compliance with
any relevant ordinance or law and obtaining any legally required permit
or license.
N.
Operation of all
fire protection systems in accordance with the Township Fire Code
to the satisfaction of the Fire Official.
The Township shall issue the special event permit
once the application has been approved and the applicant has agreed,
in writing, to comply with the terms and conditions of the permit
and the following sections of this chapter have been complied with:
Prior to the issuance of a special event permit,
the permit applicant and an authorized officer of the sponsoring organization,
if any, must sign an agreement to reimburse Upper Providence Township
for any costs incurred by it in repairing damage to Township property
occurring in connection with the permitted event proximately caused
by the actions of the permittee, its officers, employees or agents
or any person who was under the permittee's control insofar as permitted
by law. The agreement shall also provide that the permittee shall
defend the Township against and indemnify and hold the Township harmless
from any liability to any persons resulting from any damage or injury,
including attorney's fees, occurring in connection with the permitted
event proximately caused by the actions of the permittee, its officers
employees or agents or any person who was under the permittee's control
insofar as permitted by law. Persons who merely join in a parade or
event are not considered by that reason alone to be under the control
of the permittee.
A.
The applicant
for a special event permit must possess or obtain public liability
insurance to protect against loss from liability imposed by law for
damages on account of bodily injury and property damage arising from
the event. Such insurance shall name on the policy or by endorsement
as additional insured Upper Providence Township, its officers, employees
and agents. Insurance coverage must be maintained for the duration
of the event.
(1)
Coverage
shall be a comprehensive general liability insurance policy.
(2)
The following
minimum limits shall be required:
(3)
If food or
nonalcoholic beverages are sold or served at the event, the policy
must also include an endorsement for products liability in an amount
not less than $500,000. If alcoholic beverages are sold or served
at the event, the policy must also include an endorsement for liquor
liability in an amount not less than $500,000. At any time when the
insurance coverage required under this section may be purchased by
a permit applicant through a Township insurance policy, such coverage
shall be made available to all permit applicants at the rates stated
in the policy premium schedule.
B.
A copy of the
policy or a certificate of insurance, along with all necessary endorsements,
must be filed with the Township no less than 10 days before the date
of the event unless the Township for good cause waives the filing
deadline. The special event permit shall not be valid until after
the insurance policy or certificate of insurance along with necessary
endorsements has been filed by the applicant and approved by the Township
Manager.
A.
Prepayment of
fees. Upon approval of an application for a special event permit,
the Township shall provide the applicant with a statement of the estimated
cost of providing overtime police officers or fire police officers
for traffic control at the event. The applicant of the event shall
be required to prepay the traffic control fees 10 days prior to the
special event. Traffic control by officers includes clearing the event
route or site of unauthorized vehicles, diversion of traffic around
the event and directing pedestrian and vehicular traffic along the
route of an event or to and from parking facilities at an event.
B.
Fees. The fee
to be paid by the applicant for the services set forth herein shall
be based upon actual costs or overtime costs, with a minimum of four
hours per officer.
A.
The applicant
of an event involving the sale of food or beverages, erection of structures,
horses or other large animals, water aid stations or first aid stations
on public rights-of-way or other public land shall be required to
provide a cleanup deposit prior to the issuance of a special event
permit. The cleanup deposit shall be in the amount established in
a cleanup fee schedule adopted from time to time by the Board of Supervisors
in the Upper Providence Township Fee Schedule.
B.
The cleanup deposit
shall be returned after the event if the area used for the permitted
event has been cleaned and restored to the same condition as existed
prior to the event.
C.
If the property
used for the event has not been properly cleaned or restored, the
permittee shall be billed for the actual cost by Upper Providence
Township for cleanup and restoration, and the cleanup deposit or a
portion thereof shall be applied toward payment of the bill. If the
permittee disputes the bill, he may appeal to the Township within
10 days after the mail date of the bill. Should there be any unexpended
balance on deposit after completion of the work, this balance shall
be refunded to the permittee. Should the amount of the bill exceed
the cleanup deposit, the difference shall become due and payable to
the Township upon billing.
A.
Each permittee
of an event shall comply with all terms and conditions of the special
event permit.
B.
Each permittee
of an event shall ensure that the person leading a parade or other
event along a route or the person in charge of any other event shall
carry the special event permit on his person for the duration of the
event.
C.
Each permittee
of an event shall ensure that any public area used for the permitted
event is cleaned and restored to the same condition as existed prior
to the event immediately following the completion of the event.
D.
Each permittee
of an event shall obtain all required inspections as indicated on
the special events permit prior to holding the event.
A.
It shall be unlawful
for any person to sponsor or conduct a parade, athletic event or other
special event requiring a special event permit pursuant to this chapter,
unless a valid permit has been issued for the event. It is unlawful
for any person to participate in such an event with the knowledge
that the sponsor of the event has not been issued a required, valid
permit.
B.
It shall be unlawful
for any person to interfere with or to disrupt a lawful parade, athletic
event or other special event.
C.
The special event
permit authorizes the permittee/sponsor to conduct only such event
as is described in the permit and in accordance with the terms and
conditions of the permit. It is unlawful for the permittee/sponsor
to willfully violate the terms and conditions of the permit or for
any event participant with knowledge thereof to willfully violate
the terms and conditions of the permit.
A.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution, and in addition any sums payable under § 251-4 and other applicable provisions of this chapter. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any person, firm,
corporation or association which conducts or sponsors an event without
first providing the necessary fees and deposits shall be billed for
the actual cost to Upper Providence Township for police and cleanup
services. Failure to pay any such bill for services within 15 days
shall result in the imposition of a 10% penalty and interest at the
rate of 1% per month until collected.
