[HISTORY: Adopted by the Board of Supervisors
of the Township of Girard 7-10-2001 by Ord. No. 30. Amendments noted where
applicable.]
A.
OUTDOOR AMUSEMENT
PERSON
SEASON OF EVENTS
SERIES OF EVENTS
As used in this chapter, the following terms shall
have the meanings indicated:
Includes any outdoor theatrical, musical or dramatic performance,
festival, carnival or any other outdoor exhibition, show, entertainment
or amusement of any similar nature or kind, contest, competition or
similar competitive entertainment for which an admission fee is charged
or for which money or other reward of any nature is in any manner
demanded, expected or received. The term "outdoor amusement" shall
not include annual gatherings such as county fairs and reunions held
on property dedicated to public use or to any church or school affair
or any performance or exhibition that, in the opinion of the Board
of Supervisors, is conducted solely for benevolent or charitable purposes.
Any natural person, limited or general partnership, association,
firm, corporation or other legal entity used for the conduct of business.
Outdoor amusements of the same or substantially similar nature
to be held over a period of time not exceeding one year in duration.
Outdoor amusements of the same or substantially similar nature
to be held on not more than seven consecutive days.
B.
In this chapter, the singular shall include the plural
and a masculine shall include the feminine and the neuter.
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
Girard Township unless the same shall have been issued a permit according
to the provisions of this chapter. An application for the permit required
by this chapter must be filed with the Zoning Administrator of Girard
Township 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 amusement
is to be conducted, including rain dates, if any;
D.
The hours during which the proposed amusement is to
be conducted on the date or dates referred to above;
E.
The site on which the proposed amusement is to be
conducted; and
F.
The number of people per performance which the applicant
estimates will attend the proposed outdoor amusement.
G.
A separate application must be filed for each site
and each performance or series or season of events. Each application
must contain a statement that the facts set forth therein are true
and correct under the penalties of perjury. The Zoning Administrator
and Secretary/Treasurer and Board of Supervisors are authorized to
provide official application forms which must be used by the applicant.
No permit shall be issued under this chapter
until:
A.
The application required by this chapter has been
approved by the Board of Supervisors;
B.
A certified copy of all required state and county
permits are filed with the Secretary of the Board of Supervisors;
C.
The permit fee required by this chapter has been paid;
E.
The evidence of public liability insurance, if any is required under § 75-6 of this chapter, has been filed with the Secretary of the Board; and
F.
In every case, the Board of Supervisors, approving
the application and issuing the permit, shall state in the permit
the type of outdoor amusement authorized and the date and time(s)
for which the permit is to be in effect. In no case shall an outdoor
amusement be permitted to commence before 9:00 a.m. or continue later
than 11:00 p.m., Monday through Saturday, or commence before 12:00
noon or continue later than 9:00 p.m. on Sundays.
The Board of Supervisors of Girard Township
may reject the application and refuse to grant the permit under the
following circumstances:
A.
In the event any unsanitary, hazardous or dangerous
conditions exist on or about the site proposed for the outdoor amusement;
or
B.
In the event the location is deemed by the Board of
Supervisors to be unsuitable because the conduct of the proposed outdoor
amusement thereon would create a traffic hazard; or
C.
In the event that there are insufficient accommodation
for the number of persons and/or vehicles likely to be attracted thereto.
A.
In the case of a single event or a series of events
with an anticipated duration of one week or less and if it is anticipated
that the outdoor amusement in question shall attract fewer than 500
persons during the course of the event or series of events, the person
applying for the permit for such outdoor amusement under this chapter,
shall deposit with the Township Secretary/Treasurer cash or a surety
bond in the sum of $5,000, condition for the faithful observance of
the provisions of this chapter and conditions and further that no
damage will occur to the streets, bridges and other public or private
property in the Township, or adjacent thereto, as a result of the
outdoor amusement, and that the permittee will not permit any dirt,
paper, litter, or other debris from the outdoor amusement to remain
thereon.
B.
In the case of a season of events lasting more than
one week or if it is anticipated that the outdoor amusement in questions
shall attract more than 500 persons, the person applying for the permit
for such outdoor amusement under this chapter shall deposit with the
Township Secretary/Treasurer cash or surety bond in the sum of $20,000
conditioned for the faithful observance of the provisions of this
chapter and conditioned further that no damage will occur to the streets,
bridges and other public or private property in the Township, or adjacent
thereto, as a result of the outdoor amusement and that the permittee
will not permit any dirt, paper, litter or other debris from the outdoor
amusement to remain thereon.
A.
In the case of the single event or a series of events
with an anticipated duration of one week or less and if it is anticipated
that the outdoor amusement in question shall attract more than 500
persons during the course of the event, the person applying for the
permit for such outdoor amusement under this chapter shall furnish
satisfactory evidence to the Township Secretary/Treasurer of a public
liability insurance policy in the amount of not less than $100,000
for one person and $300,000 for any one accident that will be in force
and effect during the period which such outdoor amusement is to be
conducted in the Township.
B.
In the case of a season of events lasting more than
one week or if it is anticipated that the outdoor amusement in questions
shall attract more than 500 persons per week during the season of
events, the person applying for the permit for such outdoor amusement
under this chapter shall furnish satisfactory evidence to the Township
Secretary/Treasurer of a public liability insurance policy in the
amount of not less than $500,000 for one person and $1,000,000 for
any one accident that will be in force and effect during the season
in which such outdoor amusement is to be conducted in the Township.
C.
All such insurance policies shall be subject to the
approval of the Township Solicitor.
At no time shall any directional signs to the outdoor amusement named in the application for a permit hereunder be posted along roads in the Township except those designated by prior written approval of the Supervisors. All signs must comply with the provisions of Chapter 200, Zoning, of the Code of the Township of Girard, as amended. All signs must be removed within 48 hours of the close of the outdoor amusement.
A.
Before a
permit 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/Treasurer a fee as set from time
to time by resolution of the Board of Supervisors.
B.
The fee must be paid at submission of application.
C.
Nonprofit entities shall be exempt from application
fees and the Supervisors shall have the power and sole discretion
to waive the bonding and insurance requirements for such entities
as well.
The Township will impose upon the person seeking
the permit a requirement to obtain traffic control personnel and security
personnel, if deemed necessary by the Township Supervisors, to provide
for the health and safety of persons attending the outdoor amusement
and the residents of Girard Township. The Township will impose upon
the person seeking any seasonal or year-round event permit any costs
to upgrade roads and/or traffic control devices to provide for the
health and safety of the persons attending the outdoor amusement and
the residents of Girard Township.
When all the requirements of this chapter have
been met and the application has been approved by the Board, the Township
Secretary/Treasurer shall issue a permit hereunder to conduct the
outdoor amusement. The permit shall in every case state:
A.
The name and business address of the person permitted
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 authorized in accordance with a preceding
subsection;
E.
The site on which the outdoor amusement is to be conducted;
F.
A separate permit must be issued for every site and
a separate fee paid for each. The permit shall not be assignable.
The Board of Supervisors may revoke any permit
granted under this chapter if at any time dangerous, hazardous or
unsanitary conditions develop on the sites designated in the permit
or if the permittee violates in any way any provisions of this chapter.
No part of the permit fee shall be refunded in that event.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge 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 day or portion thereof that
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. In addition the Township
may seek enforcement through an action in equity in the Court of Common
Pleas of Erie County, Pennsylvania.
