[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.]
GENERAL REFERENCES
Recreation Board — See Ch. 50.
This chapter shall be known as the "North Codorus Township Outdoor Amusement
Ordinance."
A.
APPLICANT
BOARD OF SUPERVISORS
MUNICIPALITY
OUTDOOR AMUSEMENT
PERSON
TOWNSHIP
TOWNSHIP SECRETARY
TOWNSHIP TREASURER
As used in this chapter, the following terms shall have
the meanings indicated:
Any person who applied for a license hereunder.
The Board of Supervisors of the Township of North Codorus, York County,
Pennsylvania.
The Township of North Codorus, York County, Pennsylvania.
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.
The Secretary of the Board of Supervisors of the Township of North
Codorus, York County, Pennsylvania.
The Treasurer of the Township of North Codorus, York County, Pennsylvania.
B.
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.
A.
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:
(1)
The name and business address of the person who proposed
to conduct the outdoor amusement.
(2)
The type of outdoor amusement proposed, including the
number of performers and their names.
(3)
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.
(4)
The hours during which the proposed outdoor amusement is to be conducted on each date submitted as required by Subsection A(3).
(5)
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.
(6)
The number of people per performance per day which the
applicant estimates will attend the proposed outdoor amusement.
(7)
The food, housing, parking, sanitary, medical and crowd
control arrangements and facilities to be provided by the applicant for each
day.
B.
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.
A.
No license shall be issued under this chapter until:
(1)
The applicant has complied in all respects with the terms
of this chapter and the application has been approved by the Board of Supervisors.
(2)
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.
(3)
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.
(4)
The cash or surety bond required by this chapter has
been paid.
(5)
The evidence of public liability insurance required by
this chapter has been filed with the Township Secretary.
(6)
The license fee required by this chapter has been paid.
(7)
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.
(8)
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.
B.
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:
|
Area
(acres)
|
Fee
|
|---|---|
|
0 to 5
|
$100 per day or fraction thereof
|
|
In excess of 5
|
$100, plus amount of acreage in excess of 5 acres times 100 times $0.10
per day or fraction thereof
|
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.
A.
Toilet facilities shall be provided for in the ratio of one per
50 persons anticipated to be in attendance.
B.
Adequate potable water shall be provided for emergency
first aid, drinking and hand washing.
C.
A covered facility shall be provided for emergency first
aid.
D.
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:
A.
The name and business address of the person authorized
to conduct the outdoor amusement.
B.
The type of outdoor amusement authorized.
C.
The date or dates on which the proposed outdoor amusement
is to be conducted.
D.
The hours during which the outdoor amusement is to be conducted on each date or dates authorized by Subsection C.
E.
The site on which the outdoor amusement is to be conducted.
F.
The hour and date on which the license shall expire.
G.
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.
