[HISTORY: Adopted by the Board of Supervisors
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 216.
[Adopted 9-9-1975 by Ord. No. 52]
A.
OUTDOOR AMUSEMENT
PERSON
As used in this article, the following terms shall
have the meanings indicated:
Includes any outdoor theatrical, musical or dramatic performance,
festival, or carnival, or any other outdoor exhibition, show, entertainment,
or amusement of any similar nature or kind, for which an admission
fee is charged or for which money or any other reward of any nature
is in any manner demanded, expected or received.
Any natural person, partnership, association, firm or corporation.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
A.
No person
either as principal or agent, shall conduct or hold, nor shall permit
the conduct or holding on premises owned or under the control of such
person, any outdoor amusement in the Township of Washington unless
the same shall have been licensed according to the provisions of this
article. An application for the license required by this article must
be filed with the Secretary of the Board of Supervisors at least 60
days before the date on which the outdoor amusement is proposed to
be held. Such application shall be in writing and shall include:
(1)
The name and business address of the person who proposes
to conduct the outdoor amusement; and
(2)
The type of outdoor amusement proposed; and
(3)
The date or dates on which the proposed outdoor amusement
is to be conducted; and
(4)
The hours during which the proposed outdoor amusement is to be conducted on each date submitted as required by Subsection A(3), supra; and
(5)
The site on which the proposed outdoor amusement is
to be conducted; and
(6)
The number of people per performance per day which
the applicant estimates will attend the proposed outdoor amusement.
B.
A separate
application must be filed for each site and every application must
be duly acknowledged and contain a statement that the facts set forth
therein are true and correct under the penalties of perjury. The Secretary
of the Board shall provide official application forms which must be
used by the applicant.
A.
No license
shall be issued under this article until:
(1)
The application required by this article has been
approved by the Board of Supervisors; and
(2)
A certified copy of all state and county permits are
filed with the Secretary of the Board of Supervisors in any instance
in which such state and county permits are required to conduct the
proposed outdoor amusement; and
(3)
The Board of Supervisors, or their agents, have inspected
the premises where the proposed outdoor amusement is to be held to
ascertain whether such premises are suitable for the purpose and free
from unsanitary, dangerous or hazardous features; and
(4)
The cash bond required by this article has been paid;
and
(5)
The evidence of public liability insurance required
by this article has been filed with the Secretary of the Board; and
(6)
The license fee required by this article has been
paid.
B.
The Board
may cause any other investigation or inspection to be made to secure
the facts needed by it to determine if the application should be approved
and the license granted. It may reject the application and refuse
to grant the license if any unsanitary, hazardous or dangerous condition
exist, or if the location is deemed by it unsuitable because the conduct
of the proposed outdoor amusement thereon would create a traffic hazard,
or because of the lack of accommodations for the number of persons
and/or vehicles likely to be attracted thereto, or if the proposed
outdoor amusement is likely to create unnecessary annoyance to the
residents or inhabitants of the locality. In every case, the Board
of Supervisors, approving the application and issuing a license, shall
state in the license the type of outdoor amusement authorized and
the time for which the license is to remain in effect.
[Amended 11-16-2009 by Ord. No. 224]
Every person applying for a license for an outdoor
amusement under this article shall deposit with the Township Treasurer
a cash bond in such sum as shall be set from time to time by resolution
of the Board of Supervisors conditioned for the faithful observance
of the provisions of this article and the saving harmless of the Township
of Washington from any and all liabilities and causes of action which
might arise by virtue of the granting of such license in said Township,
and conditioned further that no damage will occur to the streets,
bridges and other public or private property in the Township, or adjacent
thereto, as a result of the outdoor amusement and that the licensee
will not permit any dirt, paper, litter or other debris from the outdoor
amusement to remain thereon. Said bond shall also be a guarantee for
treating with suitable dust layer those unpaved roads in the vicinity
of the licensed premises designated by the Board of Supervisors. Before
any program is commenced, the licensee shall treat the roads so designated
by the Board of Supervisors with suitable dust layer approved by the
Board. Such cash bond shall be returned upon certification by the
Board of Supervisors that all conditions of this article have been
complied with and that the aforesaid property and roads have been
placed in a neat condition and all debris removed. Said cash bond
shall be further conditioned that the applicant will pay the necessary
license fees based on actual attendance to the Township Secretary.
[Amended 11-16-2009 by Ord. No. 224]
Every applicant for a license under this article
shall furnish satisfactory evidence to the Township Secretary that
a public liability insurance policy in amounts as shall be set from
time to time by resolution of the Board of Supervisors will be in
force and effect during the period which such outdoor amusement is
to be conducted in the Township. Such policy shall be subject to the
approval of the Township Solicitor.
[Amended 11-16-2009 by Ord. No. 224]
Before a license shall issue to any person whose
application under this article has been approved by the Board of Supervisors,
that person shall pay to the Township Secretary a fee according to
the schedule as shall be set from time to time by resolution of the
Board of Supervisors.
A.
When all
of the requirements of this article have been met and the application
has been approved by the Board, the Township Secretary shall issue
a license hereunder to conduct the outdoor amusement. The license
shall in every case state:
(1)
The name and business address of the person authorized
to conduct the outdoor amusement; and
(2)
The type of outdoor amusement authorized; and
(3)
The date or dates on which the proposed outdoor amusement
is to be conducted; and
(4)
The hours during which the outdoor amusement is to be conducted on each date or date authorized by Subsection A(3), supra; and
(5)
The site on which the outdoor amusement is to be conducted;
and
(6)
The hour and date on which the license shall expire.
B.
A separate
license must be issued for every site and a separate fee paid for
each. A license shall not be assignable.
After any license has been issued under this
article, the Board of Supervisors, or their agents, shall inspect
the site designated therein before any program, show, or entertainment
is begun to insure that no dangerous, hazardous and unsanitary conditions
exist. The licensee shall correct any such dangerous, hazardous and
unsanitary conditions which may exist before any program, show or
entertainment is begun. If he does not, his license shall forthwith
be revoked, and no part of the license fee shall be refunded.
No holder of a license under this article shall
make or permit to be made any unnecessary or unreasonable noise by
loud speaker, amplifying device or any other means which would disturb
the residents in the vicinity of the premises wherein such licensed
outdoor amusement is held.
At no time shall any directional signs to the
site named in the application for license hereunder be posted along
any roads in the Township except those designated by the Board of
Supervisors.
No person granted a license under this article
shall permit upon the site named thereon:
The Board of Supervisors shall forthwith revoke
any license granted under this article if at any time dangerous, hazardous,
and unsanitary conditions develop on the site designated in the license
or if the licensee violates in any way any provision of this article,
and no part of the license fee shall be refunded.
[Amended 9-15-1997 by Ord. No. 141][1]
Any person who violates or permits a violation
of this article 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. 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 article that is violated
shall also constitute a separate offense. The minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.
