[HISTORY: Adopted by the Board of Supervisors
of the Township of Hellam as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 490.
[Adopted 5-2-1974 by Ord. No. 1974-4]
This article shall be known and may be cited
as the "Hellam Township Amusement License Ordinance."
The following words and phrases when used in
this article shall, for the purpose of this article, have the following
meanings, respectively, except in those instances where the context
clearly indicates a different meaning.
A monetary charge of any character whatever, including donations,
contributions, and dues, membership fees (periodical or otherwise)
charged or paid, or in any manner received by a producer, as herein
defined, from the general public, or limited or selected number thereof,
directly, or indirectly, for the privilege of attending or engaging
in any amusement as herein defined.
Any manner or form of public entertainment, amusement or
recreation conducted within the Township of Hellam, including, but
not limited to the following: theatrical performance, operatic performance,
folk or music festival, carnival, circus, show, concert, sports events,
auto race, vaudeville show, side show, amusement park and all forms
of entertainment therein, dancing and any other form of diversion,
sport, pastime or recreation for which admission is charged or paid;
provided, that "amusement" shall not include any form of entertainment,
which is conducted entirely within the confines of a building regularly
used for such entertainment, nor shall it include any form of entertainment,
the proceeds of which after payment of reasonable expenses, inure
exclusively to the benefit of religious, educational, or charitable
institutions, societies or organizations, veterans' organizations
or police or firemen's organizations or any form of entertainment
conducted by a nonprofit organization or association exclusively for
its members and their bona fide guests.
The Board of Supervisors of Hellam Township.
Any "amusement" which is conducted or to be conducted at
one location for a period of more than 10 days.
Includes any natural person, partnership, association, firm,
trust, club, company or corporation.
Any person, as herein defined, who shall conduct any amusement,
as herein defined, in the Township of Hellam.
Any amusement which is conducted or to be conducted at one
location for a period of 10 days or less.
Hellam Township, York County, Pennsylvania.
It shall be unlawful for any person to conduct
or operate an amusement within the Township without first having obtained
a permanent or temporary license from the Board, for which license
a fee as hereinafter set forth shall be paid to the Township for the
use of the Township.
A.
The license provided for in this article shall be issued by the Board only after written application shall have been made therefor by the producer or other person desiring to be licensed. The written application for a license shall be made on a form provided by the Township, every question of which must be answered, and shall be signed by the applicant or a duly authorized agent or officer of the applicant. The applicant shall also submit therewith a plot of the premises used or to be used in connection with such license as set forth in § 126-10 hereof and such other information and/or data as may be necessary to establish that the provisions of this article and all other ordinances, laws, rules and regulations of the Township, the Commonwealth of Pennsylvania, the United States, or any agency or department thereof have been and will be complied with.
B.
An application for the conduct of a temporary amusement
shall be filed with the Township Secretary at least 30 days prior
to the date that such amusement is scheduled to occur or begin.
C.
An application for renewal of a permanent amusement
license shall be filed with the Township Secretary on or before the
first day of December of each year by each licensee desiring to renew
such license.
D.
In the case of applications for licenses for either
permanent or temporary amusements, or any renewal thereof, such application
shall contain an affidavit under oath by the applicant that he is
not maintaining or conducting an amusement within the Township in
violation of the provisions of this article.
A.
Upon receipt of an application by the Board, the Board
shall review the application and the information and data submitted
therewith and shall inspect the premises of the applicant to determine
whether or not the applicant is in complete compliance with all of
the provisions and terms of this article and the regulations adopted
hereunder. Within 20 days after receipt of an application, the Board
must grant or refuse to grant or renew the license. Unless the Board
shall determine that the premises of the applicant are in full compliance
with such requirements, it shall not issue a license. In the event
that the Board refuses to issue a license hereunder, it shall so notify
the applicant in writing setting forth the reasons for such refusal.
The applicant shall have a period of 10 days from the date of said
notice of refusal to grant or renew a license to cure any deficiencies
and/or to comply with the provisions of this article.
[Amended 6-6-1974 by Ord. No. 1974-5]
B.
Posting; term.
(1)
Upon approval of the application and the payment of
the license fee herein required, the Board shall grant and issue to
the applicant a permanent or temporary amusement license for each
place of amusement. Such license shall state the name of the person
to whom such license is issued, the premises on which such amusement
is to be conducted, and the specific event or events for which it
is issued or the expiration date thereof. Such license shall be posted
conspicuously upon the premises licensed thereunder. Licenses shall
not be assignable except as provided herein and shall be valid only
for the person and place of amusement in whose name they are issued.
(2)
In the case of a permanent amusement, the license
shall be issued for the twelve-month period beginning January 1, and
ending December 31, of each year, and such license must be renewed
annually on or before the first day of January of each year.
(3)
In the case of a temporary amusement, the license
shall be issued and shall be effective only for the specific event
or events for which the license is sought. All temporary licenses
shall expire on the date specified therein.
A license fee set from time to time by resolution
of the Board of Supervisors shall be paid immediately upon the issuance
of a license for either a temporary or permanent amusement. In the
case of a permanent amusement, a renewal license fee in the amount
set from time to time by resolution of the Board of Supervisors shall
be paid annually upon the renewal of such license.[2]
No license issued by the Board shall be transferable by the licensee to any other person unless such transfer is authorized by the Board. Any person desiring to transfer his license shall notify the Board in writing, which notification shall be accompanied by an application for a license, as described in § 126-4 of this article, by the transferee.
In the event the Board shall approve the transfer
of a license, the transferee shall immediately pay to the Township
a transfer fee set from time to time by resolution of the Board of
Supervisors.[2]
[Amended 6-6-1974 by Ord. No. 1974-5]
If the Board shall determine that any license
issued hereunder shall have been improperly or wrongfully issued by
reason of any false statements in the application, or by reason of
any mistake of fact or law, or that the conduct of the amusement therein
authorized would constitute a violation of any Township, state or
federal statute, law, rule or regulation, it shall immediately notify
the applicant. Such notice shall contain the date and place of a hearing
to be held by the Board for the purpose of revoking such license,
and shall state that the applicant shall have an opportunity to be
present and heard. Such hearing shall be held not less than five days,
nor more than 10 days following the date of mailing of such notice.
Following the hearing, should the Board determine that the license
is to be revoked, it shall give written notice to the applicant of
such revocation by ordinary mail to his address as shown in the application.
Upon the mailing of notice of such revocation, the conduct of the
amusement authorized by said license shall immediately cease, and
shall not be resumed unless and until a license therefor has been
properly issued.
A.
No license shall be issued unless the proposed use and the premises on which such use is to be conducted are in conformity with the provisions of Chapter 490, Zoning, and any amendments thereto.
B.
No license shall be issued unless the application
therefor shall be accompanied by a plot of the entire premises to
be used for the conduct of the amusement, drawn to scale, which plot
shall contain the following information:
(1)
The location and size of all buildings or structures
existing or to be erected or constructed on the premises, together
with all building setback distances for such buildings or structures.
(2)
The area of the principal tract to be used and any
adjacent tracts or other property to be used in connection with the
conduct of the amusement, as well as the names and addresses of the
owner or owners of all such tracts or properties and the zoning classification
thereof.
(3)
The location and width of the cartway and berms of
all public roads, highways, and streets abutting the premises to be
used and the identification of such roads, highways and streets by
name and state or Township route number.
(4)
A site location drawing showing the location of the
premises with respect to all major and minor arterial highways, roads
and streets which traffic may be reasonably expected to use as a means
of access to the premises.
(5)
The location and size of the area to be used or provided
for parking of vehicles, together with the number of vehicles to be
accommodated.
(6)
The location and source of all water supplies or facilities
to be used for drinking or washing, existing or to be provided.
(7)
The location, type of facility and number of all lavatory
and toilet facilities or other sanitary or sewerage facilities, existing
or to be provided.
(8)
The location, number and type of facilities for garbage
and refuse collection and disposal, existing or to be provided.
(9)
The location and size of the area to be used for camping
or as a campground by persons and/or recreational vehicles.
(10)
The location and rating of all lighting fixtures
and sound amplification systems or equipment, existing or to be provided,
as well as the direction of emission of light or sound from such facilities
and equipment.
C.
No license shall be issued unless the applicant shall
have first complied with the provisions of all laws of the Commonwealth
of Pennsylvania or United States applicable to the conduct of such
amusement and all rules and regulations issued or promulgated by the
Pennsylvania Department of Environmental Protection, or other agency
or department of the Commonwealth of Pennsylvania or of the United
States, applicable thereto, and shall have first obtained all necessary
authorizations, permits or licenses required by such state or federal
agencies or departments.
D.
No license shall be issued unless the applicant shall
have supplied all of the information and data with his application
necessary for the Board to determine or establish compliance with
the provisions of this article and any rules and regulations contained
therein or established pursuant thereto.
Every person licensed under this article shall
conduct the amusement for which the license is issued and shall constantly
maintain the licensed premises in accordance with the following regulations
and any subsequent regulations adopted by the Board:
A.
Such premises shall at all reasonable times be subject
to the inspection of the Board and/or any police official of the Township
or other persons authorized by the Board.
B.
Such premises shall at all times be maintained so
as not to constitute a nuisance or a menace to the health of the community
or of residents nearby or a place for the breeding of rodents or vermin.
C.
Adequate and suitable containers shall be provided
for the deposit and storage of garbage, refuse and other organic and
inorganic waste. No garbage or other organic waste shall be stored
on such premises for a period exceeding 72 hours.
[Amended 6-6-1974 by Ord. No. 1974-5]
D.
All necessary measures shall be taken to prevent and
extinguish fires. Adequate equipment for minimizing fire hazards shall
be available at the site. All equipment and buildings shall be equipped
with functional fire extinguishers of the proper class and type. It
shall be the responsibility of the promoter and/or owner of the premises
to provide such fire-fighting equipment, either privately or by contract
with an organized fire company.
E.
It shall be the responsibility of the promoter and/or
owner of the premises to adequately provide for the cleanup and proper
disposal of all paper, bottles, cans, glass, metal, plastic and all
other inorganic refuse on the premises as well as any such materials
or refuse that may be deposited on any adjacent premises upon the
request of the owner of such premises and upon the public roadway
or right-of-way, within a period of 24 hours after the conclusion
of the amusement event.
[Amended 6-6-1974 by Ord. No. 1974-5]
F.
It shall be the responsibility of the promoter and/or
owner of the premises to provide for adequate traffic control to insure
safe and orderly flow of traffic entering upon or exiting from the
premises, from or onto all public roads abutting the premises.
G.
It shall be the responsibility of the promoter and/or
owner of the premises to provide for adequate parking facilities either
on the premises of on adjacent property. A minimum of one parking
space shall be provided for each two persons attending the amusement
at a given time, based upon the number of persons estimated or expected
by the promoter and/or owner to attend or the number of advance ticket
sales made up to and including 10 days prior to the scheduled date
for the amusement, whichever is greater. Adequate measures shall be
taken to insure that no vehicles are parked upon any part of the traveled
portion of any public roadway or upon the property of any other person
without the prior written consent of such person.
H.
It shall be the responsibility of the promoter and/or
owner of the premises to provide adequate security measures to insure
protection of persons and property of persons attending the amusement
as well as persons and property in the vicinity of the premises from
acts of trespassing, theft, mischief, vandalism, riot, rowdyism and
destruction of property arising out of the conduct of persons attending
the amusement. The type of security measures and the number of personnel
so employed shall be subject to the review and approval of the Board
and/or the Township Police Chief subject to such standards as may
reasonably be adopted under the particular circumstances.
[Amended 6-6-1974 by Ord. No. 1974-5]
I.
It shall be the responsibility of the promoter and/or
owner of the premises to provide adequate medical care and/or facilities
on the premises at all times during the conduct of the amusement.
J.
No amusement shall be conducted before 7:00 a.m. and
after 1:00 a.m.
The Board may from time to time adopt such additional
regulations to carry out the provisions of this article as it deems
necessary upon notice to existing licensees affected by such additional
regulations.
[Amended 9-5-1996 by Ord. No. 1996-6]
Any person or persons who shall violate any
provision of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by Hellam Township, pay
a fine not exceeding $600 plus all Court costs, including reasonable
attorneys' fees incurred by Hellam Township. Hellam Township police
officers, the appropriate enforcement officers of Hellam Township,
or other appropriate officer or officers of Hellam Township shall
have the power to enforce the provisions of this article. The amount
of the fine imposed for the violation of this article shall be established
by the officer who determines that a violation has occurred. Notice
of the violation of this article and the amount of the fine imposed
shall be given by personal delivery or by certified mail to the person
violating this article. If the person violating this article fails
or refuses to pay the fine imposed within the period specified in
the notice of the violation of this article, the Township shall file
a civil enforcement proceeding with the Magisterial District Judge
to enforce the fine imposed. Any violation of this article shall be
deemed a separate offense for each and every day such violation shall
continue shall be subject to the penalties above imposed for each
and every separate offense.
In addition to the remedies provided in § 126-13, above, upon the continued violation of any of the provisions of this article or of any rule or regulation made hereunder, the Township may institute in the name of the Township any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate any such violations.
The provisions of this article shall not be
taken or construed to conflict with or otherwise limit the provisions
of any other ordinance or law imposing any other greater requirements,
or restrictions, and in the event of any such duplication the provisions
imposing the greater requirements or restriction shall prevail.
