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;
D. The bond, if any as required by §
75-5 of this chapter, has been posted;
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.
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.
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.