[HISTORY: Adopted by the Borough Council
of the Borough of Downingtown 7-14-1993 by Ord. No. 93-6. Amendments noted where
applicable.]
The purpose of this chapter is to protect the
public health, welfare, safety, peace and tranquility of the Borough
of Downingtown by regulating mass gatherings within the Borough.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
A mass gathering consisting of an occasional or periodic
market held in an open area or structure where groups of individual
sellers offer goods for sale to the public, including fruits, vegetables,
breads, eggs, milk, cheese, meat, flowers, wine, handcrafted items
and the like with the appropriate State Liquor Control Board permit.
[Added 5-18-2016 by Ord.
No. 2016-03]
Any assemblage or gathering of people with or without a levy
of admission fee; however, such term shall not include any activity
having fewer than 150 people in attendance, nor shall the term apply
to the normal operations, activities or affairs of any duly established
municipal, recreational or religious organization or institution (including
schools) located within the Borough or to any wedding or similar family
event hosted by a resident of the Borough on his or her premises.
A.
No person, firm, corporation or company shall hold
or promote by advertising or otherwise a mass gathering unless a permit
shall have been issued therefor by the Borough as herein provided
and the fee paid.
B.
An application for a permit under this section shall
be submitted to the Borough no less than 60 days prior to the proposed
activity. The applicant must be a resident of the Borough. The application
shall contain the following information:
(1)
The name, address and telephone number of the applicant
and, if other than the applicant, the name, address and telephone
number of the person or persons holding or promoting the mass gathering.
If a firm, corporation, company or other business entity is holding
or promoting the mass gathering, then the application must contain
the name, address and telephone number of the business entity and
the name, address and telephone number of the officers of the business
entity.
(2)
The exact location of the mass gathering.
(3)
The name and address of the owner or owners of the
property or properties where the mass gathering will occur.
(4)
The nature of the interest of the applicant in the
property or properties.
(5)
The date or dates and hours of the proposed mass gathering.
(6)
The expected number of people in attendance.
(7)
The expected number of vehicles intended to use the
property or properties at one time and collectively.
(8)
The admission fee, if any, to be charged.
(9)
The purpose of the mass gathering, including the nature
of the activities to be carried on.
(10)
A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker, sound track or
other similar sound equipment.
(11)
A statement specifying the precautions to be utilized
for fire protection and a map specifying the location of fire lanes
and water supply for fire control.
(12)
A statement specifying whether any outdoor lights
or signs are to be utilized and, if so, a map showing the number,
location, size, type and illuminating power of such lights and signs.
(13)
A statement specifying the facilities to be available
for emergency treatment for any person who might require immediate
medical or nursing attention.
A.
Each application shall be further accompanied by such
additional plans, reports, specifications and other material as may
be required by the Director respecting the proposed provisions for
adequate parking, adequate traffic control, adequate crowd control,
adequate sanitation facilities, adequate medical and first aid facilities,
adequate potable water supply, adequate fire protection, adequate
drainage, adequate food services and adequate refuse, storage and
disposal facilities and adequate plans for cleanup.
B.
Each applicant shall submit a plan or drawing to scale
showing the method and manner in which:
(1)
Sanitation facilities are to be provided for the disposal
of human wastes.
(2)
Water is to be supplied, stored and distributed to
those persons attending.
(3)
The layout of any parking area for motor vehicles,
including the means of egress and ingress to such parking areas, with
such plan to reflect the best and safest means of traffic control
and safety for persons attending and the general public.
C.
Each applicant shall submit a statement specifying
whether food or beverage is intended to be prepared, sold and distributed.
If food or beverages are intended to be prepared, sold or distributed,
each applicant shall submit a statement specifying the manner of preparation
and distribution of such and the method of disposal of garbage, trash,
rubbish or any other refuse arising therefrom.
D.
Each applicant for permit shall submit proof of an
adequate comprehensive liability insurance policy, issued by a reputable
insurance company, insuring the Borough of Downingtown, its officers
and employees from liability to persons or property with limits of
not less than $1,000,000 and naming the Borough of Downingtown, its
officers and employees as being coinsured persons or as additional
insured parties. Such policies shall not be cancelable by the insurer
without 10 days' prior written notice to the Borough of Downingtown.
E.
[1]The individual or organization sponsoring or holding the
mass gathering shall be responsible to the Borough for damage caused
to Borough property by the participants of the gathering. Likewise,
the individual or organization sponsoring or holding the mass gathering
shall indemnify the Borough and hold the Borough harmless from any
liability to third persons or their private property as a result of
property damage or personal injury or death caused or attributable
to the mass gathering.
F.
The individual or organization sponsoring or holding
the mass gathering shall be responsible to the Borough for the additional
costs and expenses incurred by the Borough of Downingtown for providing
additional police protection and/or additional cleaning or maintenance
services for the mass gathering. If the applicant is not the individual
or organization sponsoring or holding the mass gathering, then the
Borough shall have the right to make a claim against the applicant
for reimbursement of the cost and expenses noted above and for reimbursement
of any damages sustained to Borough property caused by the participants
in the mass gathering.
G.
A separate permit is required for each such event.
H.
The Director, with the approval of the President of
Borough Council, may, upon a showing of good cause that certain conditions
or requirements as hereinbefore set forth are not applicable or would
cause an unreasonable burden upon the applicant, modify the foregoing
requirements after review of the circumstances presented by the applicant.
Likewise, the Director, with the approval of the President of Borough
Council, may require additional conditions not herein before mentioned
as may be necessary to maintain peace and order or to protect the
health, safety and general welfare of the citizens of the Borough
or any neighboring properties.
A.
Upon review of the application and all of the information
required to be presented with the application, the Director may issue
a permit to the applicant upon payment of the appropriate fee. The
Director, with the approval of the President of Borough Council, may
waive the fee and/or the requirement that 60 days' advance notice
be provided for spontaneous mass gatherings celebrating events of
importance to the Borough, the Commonwealth of Pennsylvania and the
nation, including celebrations of local sports teams and the end of
wars or other conflicts of national significance. The Director shall
promptly notify the applicant that said fee or advance notice has
been waived.
B.
The Director shall have the right to waive the permit
fee and/or the requirement of advanced notice of 60 days for groups
or organizations of a religious, charitable or nonprofit nature or
for any group or organization if there are circumstances unique to
that group or organization which justify the waiver to assure the
public safety and welfare of the Borough, or the Borough's best interest.
[Added 12-8-1993 by Ord. No. 93-15]
Upon the grant of a permit to hold a mass gathering,
the person or organization holding the mass gathering shall comply
with the following provisions and shall advise each participant of
the mass gathering of such provisions, the violation of which shall
be unlawful:
A.
The person or organization holding the mass gathering
shall arrange for the necessary police protection to assure the safety
of the participants of the mass gathering and the safety and security
of neighboring properties and the citizens of the Borough of Downingtown.
The person or organization holding the mass gathering shall be responsible
for reimbursing the Borough for these additional expenses attributed
to providing police protection and security.
B.
The person or organization holding the mass gathering
shall make arrangements with the Borough's Street Department to assure
proper and adequate sanitation facilities, refuse containers and disposal
facilities and shall reimburse the Borough for all additional services
provided by the Borough's Street Department as a result of this mass
gathering. Adequate plans for cleanup of any public property, including
the Borough streets, shall be made with the Borough Street Department,
and such Borough property shall be clean and free of debris within
24 hours of the end of the mass gathering. The person or organization
holding the mass gathering shall be responsible for the expenses of
the Borough's Street Department for services rendered to clean up
Borough property and Borough streets as a result of the mass gathering.
C.
No mass gathering authorized pursuant to the provisions
of this chapter shall be held or conducted between the hours of 11:00
p.m. and 9:00 a.m.
D.
No mass gathering shall extend for a period in excess
of two consecutive days without written approval by Borough Council.
E.
All vehicular parking shall be contiguous to the activity
sponsored by the applicant.
F.
No light on any part of the premises used for the
mass gathering shall be permitted to shine beyond the property line
or premises with an intensity sufficient to disturb the peace, health,
safety or comfort of any adjacent residents or the general public.
All exterior lights on the property shall be so situated or equipped
with shielding devices that no unreasonable glow shall shine beyond
the property line of the mass meeting.
G.
No soot, cinders, smoke, gaseous or disagreeable or
obnoxious odors shall be permitted to emanate from the premises so
as to be detrimental to the public or which either annoys, disturbs,
injures or endangers the health, safety and welfare of the public.
H.
The participants of the mass gathering shall not engage
in any illegal activities or engage in any conduct which violates
the ordinances, statutes, laws or enactments of this Borough or of
the Commonwealth of Pennsylvania.
I.
At no time shall music be played by mechanical devices
or live performance which annoys, disturbs, endangers or might annoy,
disturb or endanger the public's health, comfort, safety, repose and
peace.
J.
No loud, unnecessary or unusual, abusive or profane
language shall be permitted at any time which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace and safety
of the public.
If the Director shall deny an application for
a permit under this chapter, the Director shall notify the applicant,
in writing, of the denial and the reasons for such denial.
A.
Any violation of any one or more of the regulations
and conditions set forth above shall be sufficient grounds for the
Director to immediately revoke the permit and order the individual
or organization holding the mass gathering to cease and desist their
activities. Upon such notice of immediate revocation, the individual
or organization shall cease and desist its activities and shall be
prevented from applying for another permit for at least two years
from the date of revocation.
B.
If the violation is not discovered by the Director
until the mass gathering has ended, then the Director shall suspend
for two years the right of the person or organization conducting the
mass gathering to apply for another permit to conduct a mass gathering.
C.
The Director may extend the suspension beyond the
two-year period if, in his or her sole discretion, he or she determines
that the person or organization which previously violated this chapter
will not conduct a future mass gathering in accordance with the regulations
and conditions set forth within this chapter or will, if allowed to
conduct such mass gathering, pose a threat to the public health, safety
and welfare.
Any individual, association, company or other
entity who has been denied a permit to conduct a mass gathering or
whose right to apply for a permit has been suspended or revoked for
violation of this chapter shall have the right to appeal said denial,
suspension or revocation to Borough Council, in writing, within 15
days from receipt of the notice of said denial, suspension or revocation.
Borough Council shall conduct a hearing on said appeal within 30 days
from the date of filing of the appeal. Borough Council shall render
a decision within 45 days after the hearing either upholding the denial,
suspension or revocation or granting the appeal and ordering the Director
to grant the permit or rescind his/her revocation or suspension notice.
A.
A failure to comply with the provisions of this chapter
shall be deemed a violation and the violator shall be liable to pay
a fine of not more than $1,000 for each such violation, or a violator
may be subject to imprisonment for a period not exceeding 60 days,
or both.
B.
In addition to the above-provided penalties, the Borough
of Downingtown may maintain any action or proceeding in the name of
the Borough in any court of competent jurisdiction, whether at law
or in equity, to compel compliance with or to enforce any violation
of this chapter.
