[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-1982 by Ord. No. 514,
approved 10-19-1982]
A.
OUTDOOR AMUSEMENT
PERSON
As used in this article, the following terms shall have
the meanings indicated:
Includes any outdoor theatrical, musical or dramatic performance,
festival or carnival, or any other outdoor exhibition, show, entertainment
or amusement of any similar nature or kind, for which an admission fee is
charged or for which money or any other reward of any nature is in any manner
demanded, expected or received.
Any natural person, partnership, association, firm or corporation.
B.
In this article, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
A.
No person, either as principal or agent, shall conduct
or hold, nor shall permit the conduct or holding on premises owned or under
the control of such person, any outdoor amusement in the Borough of Shippensburg,
unless the same shall have been licensed according to the provisions of this
article, except as hereinafter provided.
B.
Applications.
(1)
An application for the license required by this article
must be filed with the Borough Manager of the Borough of Shippensburg at least
60 days before the date on which the outdoor amusement is proposed to be held.
Such application shall be in writing and shall include:
(a)
The name and business address of the person who proposes
to conduct the outdoor amusement.
(b)
The type of outdoor amusement proposed.
(c)
The date or dates on which the proposed outdoor amusement
is to be conducted.
(d)
The hours during which the proposed outdoor amusement
is to be conducted on each date submitted, as required by Subsection A(3)
above.
(e)
The site on which the proposed outdoor amusement is to
be conducted.
(f)
The number of people per performance, per day, which
the applicant estimates will attend the proposed outdoor amusement.
(2)
A separate application must be filed for each site and
every application must be duly acknowledged and contain a statement that the
facts set forth therein are true and correct under the penalties of perjury.
The Borough Manager of the Borough of Shippensburg shall provide official
application forms which must be used by the applicant.
A.
No license shall be issued under this article until:
(1)
The application required by this article has been approved
by the Borough Council of the Borough of Shippensburg.
(2)
A certified copy of all state and county permits are
filed with the Borough Manager of the Borough of Shippensburg in any instance
in which such state and county permits are required to conduct the proposed
outdoor amusement.
(3)
The Borough Council of the Borough of Shippensburg, 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 insanitary, dangerous or hazardous features.
(4)
The cash bond required by this article has been paid.
(5)
The evidence of public liability insurance required by
this article has been filed with the Borough Manager of the Borough of Shippensburg.
(6)
The license fee required by this article has been paid.
B.
The Borough Council of the Borough of Shippensburg 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. It may reject the application and refuse to grant the license if
any insanitary, hazardous or dangerous condition exists, or if the location
is deemed by it unsuitable 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 Borough
Council of the Borough of Shippensburg, 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
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.
A.
When all of the requirements of this article have been
met and the application has been approved by the Borough Council of the Borough
of Shippensburg, the Borough Manager of the Borough of Shippensburg shall
issue a license hereunder to conduct the outdoor amusement.
B.
Contents of license.
(1)
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 B(1)(c) above.
(e)
The site on which the outdoor amusement is to be conducted.
(f)
The hour and date on which the license shall expire.
(2)
A separate license must be issued for every site and
a separate fee paid for each. A license shall not be assignable.
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:
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.
