[HISTORY: Adopted by the Board of Supervisors of the Township of Spring 12-13-1993 by Ord. No. 237 (Ch. XVII, Part 2, of the 2013 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known as and cited as the "Township of Spring Public Gathering Ordinance."
As used in this chapter, unless the context requires otherwise:
EMPLOYEES
Persons employed by the sponsor (as herein defined).
FAMILY MEMBERS
Persons related by blood or marriage, however distant, to the sponsor (as herein defined).
MEMBERS
Persons whose memberships in the sponsor (as herein defined) predate the day upon which the public gathering is to occur by at least 30 days.
PERSON IN CHARGE OF PROPERTY
An agent and his principal, occupant, lessee, contract purchaser or person other than owner, having possession or control of property in the Township of Spring on which the public gathering is to occur.
PUBLIC GATHERING
All gatherings of individuals reasonably anticipated to attract more than 500 in number, for a period of two or more hours, excluding:
A. 
A public gathering for religious purposes.
B. 
A public gathering sponsored in whole or in part by public or private schools and/or colleges.
C. 
A public gathering for purposes of lawful picketing.
D. 
A public gathering sponsored in whole or in part by a governmental agency.
E. 
A public gathering at which attendance is limited solely to employees, family and members (all as herein defined) and their guests; provided, however, that all picnics, festivals, carnivals, circuses, shows and entertainment activities reasonably anticipated to attract more than 500 in number, for a period of two or more hours, shall be subject to the terms and provisions of this chapter.
SPONSOR(S)
Any natural person, association, partnership, firm, corporation, joint venture or any other legal entity whatsoever who initiates, organizes, promotes, permits, conducts or causes to be advertised 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 shall be held within the boundaries of the Township of Spring, Berks County, Pennsylvania, unless the sponsor(s) and the owner of the property or the person in charge of the property upon which the public gathering will occur, jointly apply for and are granted a permit as hereinafter provided:
A. 
No permit shall be granted for a public gathering of more than 48 hours duration unless the application specifically requests, and the permit specifically allows, 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 disputes over the number of persons reasonably anticipated to attend the public gathering, the Board of Supervisors of the Township of Spring reserves the right to make a final decision as to the number of persons reasonably anticipated to attend the public gathering.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Written application for each public gathering shall be made to the Township of Spring according to the following schedule:
(1) 
For a public gathering numbering 500 to 2,000 persons, at any one time, written application must be made 30 days prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the public gathering is to commence, whichever first occurs.
(2) 
For a public gathering numbering 2,000 or more persons, at any one time, written application must be made 60 days prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the public gathering is to commence, whichever first occurs.
B. 
Application shall be made on forms provided by the Township of Spring and shall contain, at least, the following information:
(1) 
The full legal names, addresses, telephone numbers and email addresses of all sponsor(s).
(2) 
The full legal name, address, telephone number and email address of the owner and the person in charge of the property to be utilized for the public gathering.
(3) 
If the Sponsor(s) is/are a partnership or joint venture, all partners and parties to the joint venture shall sign as applicant. If the Sponsor(s) is/are a corporation, a copy of the Articles of Incorporation and a corporate resolution authorizing the application shall be made a part of the application.
(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 diagrammatic plan of the proposed site of the public gathering showing the locations and dimensions of the area where the programmed entertainment, amusement or recreation is to be conducted, areas for spectators or persons attending the event, all structures existing and to be constructed, proposed parking area and service roads, potable water facilities, sanitary facilities, sewage disposal facilities, medical services facilities, facilities for and distribution of security personnel and facilities for food and beverage storage, preparation and service, 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 the State and County statutes, ordinances and regulations enacted thereunder have been obtained.
(8) 
A statement of number of persons expected to attend the public gathering and the duration of the same.
(9) 
Specific information and details relating to:
(a) 
Temporary overnight accommodations for individuals.
(b) 
Sanitary and waste disposal facilities and providers thereof.
(c) 
Transportation and parking facilities.
(d) 
Security and protection of surrounding areas, including specific reference to the number of security personnel assisting in the control of traffic and supervision of those attending and providers thereof.
(e) 
On site medical facilities and providers thereof.
(f) 
Trash removal and site restoration and providers thereof, immediately following the public gathering.
(g) 
Lighting and other utility services.
(10) 
Certificate of insurance issued by an insurance company licensed to do business in Pennsylvania, evidencing comprehensive general liability, or special event public liability, in an amount of at least $1,000,000 for personal injury and $100,000 for property damage.
(11) 
Examples of all proposed advertising of the event, if any.
(12) 
Applicants' statement that they shall abide by the terms and provisions of this chapter, and all laws, rules and regulations of the United States, Commonwealth of Pennsylvania, County of Berks and Township of Spring.
A. 
As an additional condition to the issuance of a permit for a public gathering as defined herein, the Township may require, at its discretion after consideration of the application submitted, the applicants to submit a bond, with licensed commercial surety, letter of credit or cash, as a security deposit in an amount to be determined in accordance with the schedule set forth below and in a form approved by the Township Solicitor to save and protect and indemnify the Township from any loss or expense sustained as a result of 1) loss and damage to Township streets, pavements, bridges, road signs and all other Township property caused by persons sponsoring, working at, or attending and participating in the public gathering and any vehicles or other instrumentalities in their control; and 2) failure of the persons to whom a permit was issued to perform their obligations under the permit granted by the Township of Spring including, but not limited to, such things as restoring the premises where the public gathering was held to a sanitary condition, or providing necessary security or traffic control.
B. 
The corporate bond of indemnity or cash deposit shall be in the following amounts:
Persons Reasonably Anticipated
Cash Deposit or Bond Amount
501 to 2,000
$1,000
2,001 to 3,500
$2,000
3,501 to 5,000
$5,000
5,001 to 10,000
$10,000
Over 10,000
$25,000
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any permit issued by the Township of Spring shall be expressly conditioned upon satisfaction and completion of the conditions recited in this section. Furthermore, failure to satisfy the following conditions shall constitute grounds for the immediate revocation of the permit by the Township of Spring and the cancellation of the public gathering:
A. 
Sanitary facilities. Written approval of the Sewage Enforcement Officer of the Township of Spring relating to the adequacy of sanitary toilet facilities and sewage disposal facilities at a public gathering as described in applicant's application.
B. 
Public safety.
(1) 
Fire Code. Sponsor(s) shall submit application for any and all applicable Fire Code operational permits and upon approval of such permits pay all applicable permit fees. Sponsor(s) shall comply with all applicable Fire Code operational permits.
(2) 
Security. Sponsor(s) shall demonstrate that a plan, and means to implement the plan, exists to provide for adequate traffic control and crowd control, which plan is approved by a designated Township Police Department representative.
(3) 
Enclosures. Sponsor(s) shall demonstrate that a plan, and means to implement the plan, exists to have the location where the public gathering is to be held enclosed with snow fencing or other similar material of equivalent strength of not less than four feet in height, if admission is charged and attendance is reasonably expected to exceed 2,000 persons.
(4) 
Medical services. Sponsor(s) shall demonstrate that a plan, and a means to implement the plan, exists to provide sufficient medical services to the public gathering. Identification of the company or person supplying this service shall be provided.
(5) 
Parking facilities. Sponsor(s) shall demonstrate that a plan, and a means to implement the plan, exists to provide adequate parking facilities appropriate to the anticipated number of persons in attendance. For onsite parking there shall also be provided adequate ingress and egress to and from parking areas to facilitate the movement of vehicles at any time or from the parking areas and to permit access for emergency vehicles.
[Amended 5-27-2014 by Ord. No. 411]
A. 
Public gathering permittees shall maintain the sanitary and sewage facilities, parking facilities, security and traffic control personnel, medical service facilities and other facilities and utilities provided in accordance with the plans submitted and approved, and in a safe and healthful manner.
B. 
No permittee or persons having control of the public gathering shall condone any illegal conduct on the premises including, but not limited to, disorderly conduct or illegal possession, sale or use of intoxicating beverages or drugs.
C. 
No adult business use or other activity in which participation by nude patrons or employees is an integral characteristic of such use or activity shall be promoted, co-located, or conducted contemporaneously with any part of or in relation to any public gathering, admission to which is open to the general public. For purposes of this Subsection C, the term "nude" shall have such meaning as defined at Section 5903 of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 5903, and "contemporaneously" shall mean any time during the period in which the permit for public use is effective or during the same 24 hour period during which any other activity subject of the public gathering permit is conducted.
D. 
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 Berks County or of the Township of Spring, or of the conditions of the permit granted hereunder, may be cause for immediate revocation of the permit by the Township of Spring 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 permittee of the public gathering shall immediately terminate the assembly and provide for the orderly dispersal of those in attendance.
E. 
The Township of Spring, its authorized agents and representatives, 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.
F. 
No entertainment, amusement or use of sound amplification equipment shall be provided or permitted between the hours of 11:00 p.m. and 10:00 a.m., Sunday through Thursday and midnight and 10:00 a.m. Friday and Saturday.
G. 
Sponsor(s) of the public gathering and/or the person in charge of property, or their designated agents or representatives, shall at all times 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 or Township laws, ordinances, rules or regulations of the Commonwealth of Pennsylvania and/or the Township of Spring.
H. 
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, shall not number more than 499.
I. 
At the conclusion of the program, the permittee shall terminate the assembly or gathering and shall supervise the orderly dispersal of those in attendance. No one shall be permitted to remain overnight on the licensed premises, except permanent residents, unless temporary overnight accommodations were previously approved by the Township of Spring, in writing, pursuant to the application process of this chapter.
J. 
For public gatherings where a public highway will require partial or full closure for the event, a street usage permit must be obtained in addition to any permit required under this chapter. A separate application must be obtained from the Township of Spring.
This chapter shall in no way be a substitute for, nor eliminate the necessity of, complying with any and all Federal and 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.
Misrepresentation of any information submitted to the Township of Spring may constitute a basis for the denial of a permit. Noncompliance of any portion of this chapter may also constitute a basis for the revocation of a permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any person, association, partnership, firm, corporation, joint venture or any other legal entity 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, upon conviction thereof by any Magisterial District Judge, shall be subject to a fine of not more than $1,000, together with costs. In default of the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding 90 days.
B. 
Nothing herein contained shall preclude the Township of Spring from instituting proceedings at law or in equity to prevent and/or cease the operation of a public gathering not in conformity with the terms and provisions of this chapter.
The provisions of this chapter shall be severable, and if any provisions hereof shall be held to be unconstitutional, invalid or illegal, by any court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as legislative intent that this chapter would have been enacted had such unconstitutional, invalid or illegal provisions not been included herein.