[HISTORY: Adopted by the Board of Supervisors of the Township of North Codorus 5-20-1992 by Ord. No. 124-05-92. Amendments noted where applicable.]
Recreation Board — See Ch. 50.
This chapter shall be known as the "North Codorus Township Outdoor Amusement Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who applied for a license hereunder.
- BOARD OF SUPERVISORS
- The Board of Supervisors of the Township of North Codorus, York County, Pennsylvania.
- The Township of North Codorus, York County, Pennsylvania.
- OUTDOOR AMUSEMENT
- Any outdoor theatrical, musical or dramatic performance, festival or carnival or any other outdoor exhibition, show or amusement of a similar nature whether conducted in the open air or within a tent, which is open to the general public or any particular segment of the public when the total anticipated attendance shall be 75 or more persons. (The term "outdoor amusement" shall not include picnics and reunions and similar type events sponsored by and held on the private property of persons who are residents of North Codorus Township, when such events are to be held on a single day or a part of a single day.)
- Any natural person, group of persons, organization, partnership, association, firm or corporation.
- The Township of North Codorus, York County, Pennsylvania.
- TOWNSHIP SECRETARY
- The Secretary of the Board of Supervisors of the Township of North Codorus, York County, Pennsylvania.
- TOWNSHIP TREASURER
- The Treasurer of the Township of North Codorus, York County, Pennsylvania.
In this chapter, words in the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person, either as principal or agent, shall conduct or hold, nor shall he permit the conduct or holding of, on premises owned or under the control of such person, any outdoor amusement in the Township of North Codorus unless the same shall have been licensed according to the provisions of this chapter.
An application for the license required by this chapter must be filed with the Secretary of the Board of Supervisors at least 30 days before the date on which the outdoor amusement is proposed to be held. Such application shall be in writing and shall include:
The name and business address of the person who proposed to conduct the outdoor amusement.
The type of outdoor amusement proposed, including the number of performers and their names.
The date or dates on which the proposed outdoor amusement is to be conducted and rain date, if any, should weather force the cancellation of the event.
The hours during which the proposed outdoor amusement is to be conducted on each date submitted as required by Subsection A(3).
A property description of the site on which the proposed outdoor amusement is to be conducted, including but not limited to an outline of where all required facilities are to be located, the amount of acreage in the site and the name of the access road or roads to the site.
The number of people per performance per day which the applicant estimates will attend the proposed outdoor amusement.
The food, housing, parking, sanitary, medical and crowd control arrangements and facilities to be provided by the applicant for each day.
A separate application must be filed for each site and every application must be duly verified by the applicant 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.
No license shall be issued under this chapter until:
The applicant has complied in all respects with the terms of this chapter and the application has been approved by the Board of Supervisors.
A certified copy of all state and county permits are filed with the Township Secretary in any instance in which such state and county permits are required to conduct the proposed outdoor amusement.
The Board of Supervisors or its 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.
The cash or surety bond required by this chapter has been paid.
The evidence of public liability insurance required by this chapter has been filed with the Township Secretary.
The license fee required by this chapter has been paid.
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.
The applicable Pennsylvania Department of Environmental Protection Rules and Regulations, including but not limited to Title 25, Chapter 71, Administration of Sewage Facilities Program; Title 25, Chapter 73, Standards for Sewage Disposal Facilities; Title 25, Chapter 151, Food Establishments; Title 25, Chapter 191, Organized Camp and Campgrounds; and Title 25, Chapter 243, Nuisances, are complied with by the applicant.
The Board of Supervisors may reject the application and refuse to grant the license if any unsanitary, hazardous or dangerous conditions exist, or if the location is deemed unsuitable by it 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, in 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.
Every person applying for a license for an outdoor amusement under this chapter shall deposit with the Township Treasurer a cash bond or surety bond which shall be in the amount of $500 for each acre of fenced-in area to be used for outdoor amusement or in the amount of $5,000, whichever is greater. Said bond shall be conditioned for the faithful observance of the provisions of this chapter and the saving harmless of the Township of North Codorus, its agents and employees, 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 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 guaranty for treating with suitable dust layer those unpaved roads in the vicinity of the licensed premises and before the outdoor amusement may be commenced, the licensee shall treat the roads so designated by the Board of Supervisors. Said cash bond shall be further conditioned that the applicant will pay the necessary license fees based on the actual attendance to the Township Secretary.
Every applicant for a license under this chapter shall furnish satisfactory evidence to the Township Secretary that a public liability insurance policy from an insurance company registered to do business in Pennsylvania, in amounts of not less than $300,000 for one person and $500,000 for any one accident, will be in force and effect during the period which such outdoor amusement is to be conducted in the Township.
Before a license shall be issued to any person whose application under this chapter has been approved by the Board of Supervisors, that person shall pay to the Township Secretary a fee which shall be based upon the amount of land which is to be fenced in accordance with this chapter and used for the outdoor amusement, as follows:
A maximum of 100 people per acre of fenced area shall be permitted to attend the outdoor amusement, provided that the total attendance at the outdoor amusement shall not exceed 5,000 persons.
The entire area to be used for the outdoor amusement, including but not limited to entertainment, parking, medical facilities, sanitation facilities, spectator seating, camping and food distribution facilities shall be totally enclosed by a woven-wire or other suitable temporary barrier which shall be securely attached to posts which shall be on a maximum of ten-foot centers. An adequate number of gates shall be provided for entering and leaving the area with a minimum of two gates required, one limited to use by traffic entering the area and one limited to use by traffic leaving the area. This provision may be waived or altered by the Board of Supervisors in its discretion.
Uniformed guards shall be at the site of the outdoor amusement and shall be on duty in the ratio of one uniformed guard per each 50 persons in attendance. The uniformed guards shall constantly circulate and patrol all areas, including but not limited to the parking area, the fenced or barricaded perimeter and the audience and shall vigorously enforce the conditions of conduct required by § 66-16 of this chapter.
Toilet facilities shall be provided for in the ratio of one per 50 persons anticipated to be in attendance.
Adequate potable water shall be provided for emergency first aid, drinking and hand washing.
A covered facility shall be provided for emergency first aid.
An ambulance and related personnel and a fire truck and related personnel shall be notified 24 hours prior to each gathering to provide suitable notice for immediate response.
The site of the outdoor amusement shall be accessible by a road with a minimum cartway width of 18 feet.
Any and all expenditures required to meet the conditions of this chapter shall be the sole responsibility of the applicant for the outdoor amusement.
When all of the requirements of this chapter 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:
The name and business address of the person authorized to conduct the outdoor amusement.
The type of outdoor amusement authorized.
The date or dates on which the proposed outdoor amusement is to be conducted.
The hours during which the outdoor amusement is to be conducted on each date or dates authorized by Subsection C.
The site on which the outdoor amusement is to be conducted.
The hour and date on which the license shall expire.
That this license shall not be assignable.
After any license has been issued under this chapter, the Board of Supervisors or its agents shall inspect the site designated therein in the license after the commencement of any program, show or entertainment and after the completion of any program, show or entertainment to further ensure that no dangerous, hazardous or unsanitary conditions exist and that all conditions of this chapter are being and have been complied with. In the event any dangerous, hazardous or unsanitary conditions are found prior to the commencement of the program, show or entertainment, they shall be immediately corrected by the licensee and any dangerous, hazardous or unsanitary conditions or other violation of this chapter found after the commencement of the program, show or entertainment shall be corrected immediately by the licensee, and, in the absence of their being immediately corrected as above-specified, the license shall forthwith be revoked, the program, show or entertainment shall cease, and no part of the license fee shall be refunded.
No person granted a license under this chapter shall permit upon the site named therein:
The Board of Supervisors shall forthwith revoke any license granted under this chapter 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 chapter, and no part of the license fee shall be refunded. Immediately upon notification of the revocation of the license, the applicant shall cease operation of the outdoor amusement.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice 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 three-hour period during which 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.