[HISTORY: Adopted by the Board of Supervisors of the Township of Bern 4-6-1999 by Ord. No. 179-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 71.
Nuisances — See Ch. 114.
Peddling, soliciting and transient business — See Ch. 121.
This chapter shall be known as and cited as the "Township of Bern Public Gathering Ordinance."
As used in this chapter, unless the context requires otherwise, the following terms shall have the meanings indicated:
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 the owner, having possession or control of property in the Township 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 meeting of a governmental unit or agency governed by the terms of the Pennsylvania Sunshine Act (65 Pa. C.S. § 701 through 716), as such Act is amended from time to time;
[Amended 1-6-2003 by Ord. No. 202-2003]
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.
F. 
An event occurring at a property having a nonresidential use in an LI, GI, OR, SC, HC, NC, or AB Zoning District (as defined in Chapter 184 of the Code of the Township of Bern) and contained entirely within a building, so long as the event is conducted in the ordinary and customary course of the business or property use.
[Added 1-6-2003 by Ord. No. 202-2003]
SPONSOR(S)
Any natural person, association, partnership, firm, corporation, joint venture or any other legal entity whatsoever who or which 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, 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; and
D. 
In case of disputes over the number of persons reasonably anticipated to attend the public gathering, the Board of Supervisors of the Township reserves the right to make a final decision as the number of persons reasonably anticipated to attend the public gathering.
Written application for each public gathering shall be made to the Township according to the following schedule:
A. 
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; 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. 
Applications shall be made on forms provided by the Township and shall contain, at least, the following information:
(1) 
The full legal names, addresses and telephone numbers of all sponsor(s).
(2) 
The full legal name and 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 a partnership or joint venture, all partners and parties to the joint venture shall sign as applicant. If the sponsor(s) is 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 service 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; and
(g) 
Lighting and other utility services.
(10) 
Certificates 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 $5,000,000 for personal injury, $500,000 for property damage and $1,000,000 for liquor liability coverage for events that include alcohol.
[Amended 5-6-2014 by Ord. No. 293-2014]
(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.
(13) 
Evidence of Temporary Special Occasion Permit from the Pennsylvania State Liquor Control Board for events including the legal sale of liquor and/or malt or brewed beverages and a diagram showing the area where such sales shall take place and the measures of controls to be implemented.
[Added 5-6-2014 by Ord. No. 293-2014]
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 applicant 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, 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
Any permit issued by the Township 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 and the cancellation of the public gathering:
A. 
Sanitary facilities: written approval of the Sewage Enforcement Officer of the Township 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) 
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 designated Township Police Department representative.
(2) 
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.
(3) 
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.
(4) 
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 on-site parking there shall also be provided adequate ingress and egress to and from parking areas to facilitate the movement of vehicles at any time to or from the parking areas and to permit access for emergency vehicles.
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. 
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 or of the conditions of the permit granted hereunder may be cause for immediate revocation of the permit by the Township 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 permittees of the public gathering shall immediately terminate the assembly and provide for the orderly dispersal of those in attendance.
D. 
The Township, 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.
E. 
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 12:00 midnight and 10:00 a.m., Friday and Saturday.
F. 
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.
G. 
Public gatherings operating without a permit under this chapter based on a reasonable anticipation of fewer than 500 persons in attendance shall limit attendance therein to 499 persons, and printed tickets, if utilized, shall not number more than 499.
H. 
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, in writing, pursuant to the application process of this chapter.
I. 
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.
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 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.
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 District Justice, shall be subject to a fine of not more than $600, together with costs. In default of the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding 30 days.
B. 
Nothing herein contained shall preclude the Township 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.
[Added 1-6-2003 by Ord. No. 202-2003]
Sponsor(s) desiring to hold a public gathering within the Township of Bern shall submit fees to the Township Secretary in accordance with the following conditions:
A. 
A permit application fee shall be submitted with the permit application to the Township Secretary. The cost shall be $250 for a public gathering of 500 people. For each additional 100 attendees, the cost shall increase by $50, up to a maximum permit fee of $500.
B. 
Sponsor(s) shall pay a police services fee for the actual cost of the public safety services provided by the Bern Township Police Department, other than those performed in connection with the review of an application under this chapter. Sponsor(s) shall submit a deposit of 75% of the estimated total cost of the police services with the permit application. The final determination of the total police services fee shall be based on the current hourly rate of the Bern Township Police Department.