[Adopted 10-19-1982 by Ord. No. 514,
approved 10-19-1982]
Every person applying for a license for an outdoor amusement under this
article shall deposit with the Borough Manager of the Borough of Shippensburg
a cash bond in the sum of $25,000 conditioned for the faithful observance
of the provisions of this article and the saving harmless of the Borough of
Shippensburg from any and all liabilities and causes of action which might
arise by virtue of the granting of such license in said borough, and conditioned
further that no damage will occur to the streets, bridges and other public
or private property in the borough, 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 a suitable dust layer those unpaved roads
in the vicinity of the licensed premises designated by the Borough Council
of the Borough of Shippensburg. Before any program is commended, the licensee
shall treat the roads so designated by the Borough Council of the Borough
of Shippensburg with a suitable dust layer approved by the aforesaid. Such
cash bond shall be returned upon certification by the Borough Council of the
Borough of Shippensburg 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 Borough Manager of the Borough of Shippensburg.
Every applicant for a license under this article shall furnish satisfactory
evidence to the Borough Manager of the Borough of Shippensburg that a public
liability insurance policy in the 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 Borough
of Shippensburg. Such policy shall be subject to the approval of the Solicitor
of the Borough of Shippensburg.
Before a license shall be issued to any person whose application under
this article has been approved by the Borough Council of the Borough of Shippensburg,
that person shall pay to the Borough Manager of the Borough of Shippensburg
a fee according to the following schedule:
A. Anticipated attendance less than 100 persons daily: $25
per day or fraction thereof.
B. Anticipated attendance of 100 or more, but less than
500 daily: $125 per day or fraction thereof.
C. Anticipated attendance of 500 or more, but less than
1,000 daily: $250 per day or fraction thereof.
D. Anticipated attendance of 1,000 or more, but less than
5,000 daily: $500 per day or fraction thereof.
E. Anticipated attendance of 5,000 or more, but less than
10,000 daily: $1,000 per day or fraction thereof.
F. Anticipated attendance of 10,000 or more, but less than
20,000 daily: $2,000 per day or fraction thereof.
G. Anticipated attendance of over 20,000 daily: $3,000 per
day or fraction thereof.
The provisions of §§
68-3A(3),
(4) and
(5),
68-4,
68-5 and
68-6 of this article shall not apply to any church or school affair, nor to any performance or exhibition conducted solely for benevolent or charitable purposes.
After any license has been issued under this article, the Borough Council
of the Borough of Shippensburg, or its agents, shall inspect the site designated
therein before any program, show or entertainment is begun to ensure that
no dangerous, hazardous and unsanitary conditions exist. The licensee shall
correct any such dangerous, hazardous and insanitary 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 loudspeaker, amplifying device
or any other means which would disturb the residents in the vicinity of the
premises wherein such licenses' outdoor amusement is held.
At no time shall any directional signs to the site named in the application
for a license hereunder be posted along any roads in the borough except those
designated by the Borough Council of the Borough of Shippensburg.
No person granted a license under this article shall permit upon the
site named thereon:
A. Any disorderly or immoral conduct;
C. Any sale of obscene literature, pictures, film or other
objects;
D. Any indecent, immoral or lewd act or performance; or
E. Any possession, sale or use of intoxicants and/or drugs
of any kind.
The Borough Council of the Borough of Shippensburg, shall forthwith
revoke any license granted under this article if at any time dangerous, hazardous
and insanitary 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.
Any person who shall violate any of the provisions of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than $300
and costs of prosecution for each violation thereof and, in default of payment
of such fine and costs, to imprisonment for not more than 30 days.