[Adopted 11-21-2002 by Ord. No. 02-11]
[HISTORY: Adopted by the Board of Supervisors of Jackson
Township as indicated in part histories. Amendments noted where applicable.]
A.
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
MINOR
PARENT
(1)
(2)
(3)
(4)
PUBLIC PLACE
REMAIN
As used in this Part 1, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
The hours of 11:00 p.m. on Sunday through Thursday until
5:00 a.m. of the following day; and 12:01 a.m. until 5:00 a.m. on
Saturday and Sunday.
Unforeseen circumstances, or the status or condition resulting
therefrom, requiring immediate action to safeguard life, limb or property.
The term includes, but is not limited to, fires, natural disasters,
automobile accidents or other similar circumstances.
Refers to any privately owned place of business within the
Township operated for a profit, to which the public is invited, including,
but not limited to, any place of amusement or entertainment, skating
rink, bowling alley or similar amusement establishment. With respect
to such establishment, the term "operator" shall mean any person and
any firm, association, partnership (and the members or partners thereof)
and/or corporation (and the officers thereof) conducting or managing
that establishment.
Any person under 17 years of age who has not been emancipated
as an adult under Pennsylvania law.
Any person who is:
A minor's biological or adoptive parent and who has legal
custody of a minor (including either parent, if custody is shared
under a court order or agreement).
The biological or adoptive parent with whom a minor regularly
resides.
A minor's court-appointed guardian.
At least 21 years of age and authorized by a parent or court-appointed
guardian to have the care and custody of a minor.
Any place to which the public or a substantial group of the
public has access, including but not limited to streets, highways,
roads, sidewalks, alleys, avenues, parks and/or common areas of schools,
hospitals, apartment houses, office buildings, transportation facilities
and shops.
Refers to the following actions:
B.
In this Part 1, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
A.
The purpose of this Part 1 is to:
(1)
Promote the general welfare and protect the general public through
the reduction of juvenile violence and crime within the Township.
(2)
Promote the safety and well-being of the Township's younger
children, persons under the age of 17, whose inexperience and immaturity
renders them particularly vulnerable to becoming participants in unlawful
activities, particularly unlawful drug activities, and to being victimized
by older perpetrators of crime.
(3)
Prescribe, in accordance with prevailing community standards, regulations
for the conduct of minors on streets at night, for the protection
of younger children in the Township from each other and from other
persons on the streets during nighttime hours.
(4)
Foster and enforce parental control and responsibility for their
children.
(5)
Further family responsibility.
B.
Based upon criminal statistics and information of the Township and
various surrounding communities, the Board of Supervisors finds that
curfew regulations for minors under the age of 17 are necessary to
promote the general welfare and protect the general public through
the reduction of juvenile violence and crime within the Township;
promote the safety and well-being of the Township's younger children,
persons under the age of 17, whose inexperience and immaturity renders
them particularly vulnerable to becoming participants in unlawful
activities and to being victimized by older perpetrators of crime;
protect younger children in the Township from each other and from
other persons on the streets during nighttime hours, when the incidents
of crime are most significant; foster and enforce parental control
and responsibility for their children; and further family responsibility.
A.
It shall be unlawful for any minor, during curfew hours, to remain
in or upon any public place within the Township, to remain in any
motor vehicle operating or parked therein or thereon, or to remain
in or upon the premises of any establishment within the Township.
Exceptions to the above are the following:
(1)
Minor is accompanied by a parent.
(2)
Minor is involved in an emergency.
(3)
Minor is on an errand at the direction of a parent, and the minor
has in his or her possession a written statement dated that day and
signed by a parent containing the following information: the name,
signature, address and telephone number of the parent authorizing
the errand, the telephone number where the parent may be reached during
the errand, the name of the minor, and a brief description of the
errand, the necessity for the errand, the minor's destination(s)
and the hours the minor is authorized to be engaged in the errand.
(4)
Minor is engaged in an employment activity or is going to or returning
home from such activity, without detour or stop.
(5)
Minor is on the sidewalk directly abutting a place where he or she
resides with a parent.
(6)
Minor is attending an official civic, school or religious activity
or is going to or returning from such an activity, without detour
or stop.
(7)
Minor is involved in interstate travel through, or beginning or terminating
in, the Township.
(8)
Minor is exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom
of speech and the right of assembly.
B.
It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate Subsection A above.
C.
It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of Subsection A above.
D.
It shall be unlawful for the operator of any establishment, or for
any person who is an employee thereof, to knowingly permit, allow
or encourage a minor to remain upon the premises of the establishment
during curfew hours. It shall be a defense to prosecution under this
subsection that the operator or employee of an establishment promptly
notified the Police Department that a minor was present at the establishment
after curfew hours and refused to leave.
E.
It shall be unlawful for any person (including any minor) to give
a false name, address, or telephone number to any police officer investigating
a possible violation of this section.
A.
Minors. Any minor found in a public place, motor vehicle and/or establishment within the Township in violation of § 6-103 above shall be:
(1)
Issued a warning, which shall be followed by a written warning mailed
by the Police Department to the minor and his or her parent(s).
(2)
If the minor has previously been issued a warning for any such violation
or if the police officer determines that a warning would not prevent
further violations of the law, then the minor shall be charged with
a violation of this Part 1 and, as soon as practical, the Police Department
shall:
(a)
Release the minor from custody to his or her parent(s).
(b)
Place the minor in a temporary care facility for a period not
to exceed the remainder of the curfew hours, so that his or her parent(s)
may retrieve the minor.
(c)
If a minor refuses to give a police officer his or her name
and address, refuses to give the name and address of his or her parent(s),
or if no parent can be located prior to the end of the curfew hours,
or if located, no parent appears to accept custody of the minor, the
minor may be taken to a juvenile shelter and/or juvenile court facility.
B.
Others. Any person, other than a minor, that violates § 6-103 shall be issued a warning, which shall be followed by a written warning mailed by the Police Department to that person and to the owner and operator of an establishment if the violator is an employee of that establishment. If the person has previously been issued a warning for any such violation, then the person shall be charged with a violation of this Part 1.
Any minor who shall violate this Part 1 more than three times may, at the discretion of the proper Township officials, be reported to a governmental agency and/or private society or organization which takes charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor, and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason the provisions of § 6-103 of this Part 1 cannot be made effective by the imposition of fines and penalties.
In taking minors into custody, police officers shall use their
discretion in determining age and in doubtful cases may require positive
proof of age. Until such proof is furnished, the officer's judgment
shall prevail.
Any person, firm or corporation who shall violate any provision of this Part 1, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus all court costs, including reasonable attorneys' fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 1 continues or each section of this Part 1 which shall be found to have been violated shall constitute a separate offense.
[Adopted 11-21-2002 by Ord. No. 02-11]
As used in this Part 2, unless the context requires otherwise,
the following terms shall have the meanings indicated:
An agent, occupant, lessee, contract purchaser or person
other than the owner having possession or control of property.
All assemblies of people for the purpose of public amusement
reasonably anticipated to number more than 1,000 for a continuous
period of four hours or more, more than 10% of whom will assemble
outdoors or in structures specially constructed, erected or assembled
for the gathering, whether or not an admission fee is charged.
Any natural person, association, partnership, firm, corporation,
joint venture, or any other legal entity whatsoever, who initiates,
organizes, promotes, permits, conducts or causes to be advertised
a public gathering.
It shall be unlawful for any sponsor, owner of property, or
person in charge of property to initiate, organize, promote, permit,
conduct, or cause to be advertised a public gathering, unless a permit
has been obtained pursuant to this Part 2. A separate permit shall
be required for each public gathering for the period of time designated
by the permit.
No public gathering may be held within the boundaries of Jackson
Township, Butler County, Pennsylvania, unless the sponsor, the owner
of property, and the person in charge of property upon which the gathering
will be conducted jointly apply for and be granted a permit as herein
provided.
A.
No permit shall be available for an extent of more than 48 hours'
duration, unless the permit and application specifically allow for
an extension of that period.
B.
No applicant shall be under 21 years of age.
C.
No permit may be transferred or assigned.
D.
In case of dispute over the number of people reasonably anticipated
to attend the public gathering, the decision of the Board of Supervisors
of Jackson Township shall control.
A.
Written application for each public gathering shall be made to the
Board of Supervisors of Jackson Township according to the following
schedule:
(1)
A gathering numbering 500 to 2,000 persons: 20 days prior to the
first day upon which the public gathering is to commence.
(2)
A gathering numbering 2,000 to 3,500 persons: 30 days prior to the
first day upon which the public gathering is to commence.
(3)
A gathering numbering 3,500 to 5,000 persons: 45 days prior to the
first day upon which the public gathering is to commence.
(4)
A gathering numbering over 5,000 persons: 60 days prior to the first
day upon which the public gathering is to commence.
B.
Application shall be made on forms specified by the Board of Supervisors
of Jackson Township and shall contain at least the following information:
(1)
The full legal name, address and telephone numbers of all sponsors.
(2)
The full legal name and address of the owner and person in charge
of the property to be utilized for the public gathering.
(3)
If the sponsor-applicant is a partnership or joint venture, then
all parties thereto shall sign as applicants. If the sponsor-applicant
is a corporation, copies of the Articles of Incorporation, bylaws
and resolution authorizing the application may be required.
(4)
The location and address of the property to be utilized for the public
gathering.
(5)
The program for the public gathering, or if no program is prepared,
a narrative statement as to the purpose, date or dates for or during
which the public gathering is to be conducted.
(6)
A diagrammatic sketch plan of the proposed site of the mass gathering
showing the locations and dimensions of the proposed service roads,
portable water facilities, sanitary facilities, sewage disposal facilities,
medical service facilities, distribution of security personnel, and
provisions for food storage, as well as camping facilities and projected
plans for enclosure, if necessary, of the proposed site.
(7)
Evidence that all permits and licenses as required by state and county
statutes and rules and regulations enacted thereunder have been obtained
or will be obtained.
(8)
A statement of the number of persons expected to attend such event
and the duration of such attendance.
(9)
The specific details relating to:
(a)
Food and drink.
(b)
Sanitary facilities.
(c)
Transportation and parking facilities.
(d)
Security and protection of surrounding areas, including specific
reference to the number of marshals assisting in the control of traffic
and supervision of those attending.
(e)
On-site medical facilities and hospital care.
(f)
Janitorial services and post-gathering trash removal.
(10)
A certified copy of the bond or verified evidence of other suitable
financial arrangements, as hereinafter required, must be attached
to the application.
(11)
A statement containing the names and addresses of licensed ticket
printers to be used and the plans for assuring the return of monies
upon the termination or cancellation of the event as well as the means
of notifying potential and existing ticket holders of such cancellation,
where the anticipated number of people attending is over 5,000 persons.
(12)
Examples of proposed advertising of the event, if any.
(13)
Applicants' statement that they shall abide by the terms
and provisions of this Part 2 and all laws, rules and regulations
of the Commonwealth of Pennsylvania, County of Butler and Jackson
Township.
C.
Each application shall be accompanied with a cash fee to cover the
cost of inspection, investigation, issuance, and administration of
the permit in an amount as established from time to time by resolution
of the Board of Supervisors. No part of the permit fee is refundable.
D.
The Board of Supervisors, or its agent, shall either grant or deny
the application for permit according to the following schedule:
(1)
A gathering numbering 500 to 2,000 persons: five days prior to the
first day upon which the public gathering is to commence.
(2)
A gathering numbering 2,000 to 3,500 persons: 10 days prior to the
first day upon which the public gathering is to commence.
(3)
A gathering numbering 3,500 to 5,000 persons: 15 days prior to the
first day upon which the public gathering is to commence.
(4)
A gathering numbering over 5,000 persons: 20 days prior to the first
day upon which the public gathering is to commence.
A.
The applicants shall submit with their application a corporate bond
of indemnity in a form approved by the Township Solicitor, or cash
deposit to save and protect Township streets, pavements, bridges,
road signs and all other Township property from any and all damage
that might be caused by vehicles, employees, or participants in the
public gathering, and to be used, if necessary, to restore the premises
where such public gathering is held to a sanitary and neat condition
and pay all charges and losses to the Township for damages to the
streets, pavements, bridges and all other Township property.
(1)
Should the permitted public gathering necessitate that the Township
deploy or employ additional personnel as a direct result of the public
gathering, such added expense shall be recoverable from the principals
and/or their indemnitor. The cash deposit or its balance will be returned
to the applicants upon final audit of the Township as to what damages,
if any, occurred and what deployment and employment of personnel,
if any, was necessitated.
(2)
The corporate bond of indemnity or cash deposit shall be in such
amounts as may be established, from time to time, by resolution of
the Board of Supervisors.
(3)
The property owner or person in charge of the property making application
shall sign as an additional indemnitor, to insure against damage to
streets, pavements, bridges, road signs, and all other Township property,
to meet costs of the Township for deploying or employing personnel
directly attributable to the conduct of the public gathering, and
to insure that the property will be restored to a sanitary condition.
B.
The following requirements shall apply to any surety bond required
by this Part 2:
(1)
The bond shall be obtained from a surety incorporated in the United
States and authorized to do business in the Commonwealth of Pennsylvania.
(2)
The surety shall have a current a.m. Best's rating of no less
than "A" and an underwriting capacity as stated in Best's equal
to or greater than the amount of the bond written by that surety,
or in the alternative be listed on the current United States Department
of the Treasury's annual list of "Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies," as published in the Federal Register, and have
an underwriting capacity in said list equal to or greater than the
amount of the bond written by that surety.
C.
The following requirements shall apply to any letter of credit required
by this Part 2:
(1)
The letter of credit shall be issued by a federal- or commonwealth-chartered
lending institution having an office located within 30 miles of the
boundaries of Jackson Township, at which a draft on site can be presented
during regular business hours.
(2)
The letter of credit shall have an expiration date of no earlier
than 90 days after the required completion date of any improvements.
The Township, at its discretion, may accept a letter of credit having
an earlier expiration date, provided the letter of credit states that
it will automatically be renewed for a period of at least one year
from any present or future expiration date, unless the Township receives
notice in writing from the issuer at least 60 days prior to the expiration
date that the issuer elects to not further extend the letter of credit
and that, if such notices are given, the Township may draw on the
letter of credit up to the amount of its unused balance on or before
the relevant expiration date.
(3)
Multiple draws on the letter of credit shall be permitted.
D.
All financial security tendered by an applicant pursuant to this
Part 2 shall be subject to review and approval by the Township Solicitor
with respect to the form, source and sufficiency of the same.
A.
No permit shall be issued by the Board of Supervisors of Jackson
Township, or its agent, unless all of the conditions recited herein
have been satisfactorily concluded according to the following schedule:
(1)
A gathering numbering 1,000 to 2,000 persons: six days prior to the
first day upon which the public gathering is to commence.
(2)
A gathering numbering 2,000 to 3,500 persons: 11 days prior to the
first day upon which the public gathering is to commence.
(3)
A gathering numbering 3,500 to 5,000 persons: 16 days prior to the
first day upon which the public gathering is to commence.
(4)
A gathering numbering over 5,000 persons: 21 days prior to the first
day upon which the public gathering is to commence.
B.
Sanitary facilities. Written approval of the Pennsylvania Department
of Health and the Pennsylvania Department of Environmental Protection,
indicating that the applicant's plan for water supply, toilet
facilities, washing facilities, and food preparation and service,
if applicable, the type of food preparation and food facilities to
be provided conform with applicable state and county laws, rules and
regulations relating to the public health.
C.
Public safety. Written statement of the Jackson Township Police Department
indicating that plans have been made to meet the following conditions:
(1)
Applicants have provided for adequate traffic control and crowd control
personnel, i.e., one marshal for every 50 motor vehicles reasonably
anticipated to be at the location and one marshal for each 150 persons
reasonably anticipated to be in attendance.
(2)
Applicants have completely enclosed the ground where the public gathering
is to be held with snow fencing or other similar material of equivalent
strength of not less than four feet in height.
(3)
Adequate lighting must be provided subject to approval of the Board
of Supervisors.
D.
Medical services. Written approval by the Pennsylvania Department
of Health or its designee and the Township Emergency Management Coordinator
and/or Township Fire Marshal that all requirements for providing emergency
medical services for crowds or gatherings of the size contemplated
as provided by state law or rule or regulation and as may be contained
in any local emergency management plan and as may be required in the
sound discretion of the chief officer of the Township emergency medical
services provider or providers.
E.
Parking facilities. Proof that parking is available within or adjacent
to the premises upon which the public gathering is to be conducted
as herein provided:
(1)
Such parking facilities shall provide parking space for one vehicle
for every four persons reasonably anticipated to be in attendance
at the public gathering.
(2)
Adequate ingress and egress shall be provided from such parking area
to facilitate the movement of any vehicle at any time to or from the
parking area; provided, however, that should buses be used to transport
the public to the public gathering, it shall be shown that public
parking, as described above, is available at any site from which buses
are scheduled to pick up persons to transport them to the public gathering.
All facilities, including stages, to be specially assembled,
constructed, or erected for the public gathering must be in place
at least 24 hours before the commencement of the public gathering
and be approved by the Building Inspector of Jackson Township.
A.
No permittee or persons having control of the public gathering shall
condone the presence of intoxicating liquor or the consumption of
intoxicating liquor on the property, and no person during the public
gathering shall take or carry onto the property, or drink thereon,
intoxicating liquor, except as licensed or permitted by state law.
B.
The burden of preserving order during the public gathering is upon
the permittees of the public gathering. Any violation of the laws
of the Commonwealth of Pennsylvania, or its rules and regulations,
or of the terms and conditions of this Part 2, or other ordinances
of Butler County or of Jackson Township, or the permit granted hereunder
may be cause for immediate revocation of the permit by the Board of
Supervisors of Jackson Township upon notification to the person in
charge that a violation exists and the failure of the person in charge
to take immediate action to correct the violation. Upon revocation
of any permit, the permittees of the public gathering shall immediately
terminate the assembly and provide for the orderly dispersal of those
in attendance.
C.
The Board of Supervisors of Jackson Township, its authorized agents
and representatives, and the representative of the county and Township
departments having responsibility for approval under this Part 2 shall
be granted access to the public gathering at all times for the purpose
of inspection and enforcement of the terms and conditions imposed
herein.
D.
No musical entertainment, either live or recorded, utilizing sound-amplification
equipment shall be operated in a location which is less than 500 feet
from any school house, church, dwelling unit, or any other place of
permanent human habitation, and there will be no programmed entertainment
provided between the hours of 11:00 p.m. and 10:00 a.m.
E.
If at any time during the conduct of the public gathering the number
of persons in attendance exceeds by 10% the number of persons represented
by the applicants for the permit anticipated to be in attendance,
the Board of Supervisors of Jackson Township, the Pennsylvania Department
of Health, the Pennsylvania Department of Environmental Protection,
or the Pennsylvania State Police have the authority to require the
applicants to limit further admissions until all conditions and provisions
recited herein are met.
F.
Any applicant with more than a ten-percent proprietary interest,
if any, in the public gathering, and the owner of property or person
in charge of the property, or their designated agents or representatives,
shall be required to be in attendance at the public gathering and
shall be responsible for insuring that no person shall be allowed
to remain on the premises who is violating any state, county or Township
laws, rules or regulations or any provision of this Part 2.
G.
Public gatherings operating without a permit under this Part 2 based
on a reasonable anticipation of less than 1,000 persons in attendance
shall limit attendance therein to 999 persons, and printed tickets,
if utilized, cannot number more than 999.
H.
The permit under this Part 2 shall be conditioned upon an inspection
by the Zoning Officer, or his duly appointed representative, the Township
Emergency Management Coordinator and/or the Township Fire Marshal
to determine the suitability of the site and facilities thereon for
the proposed use. In the event of such inspection, a record shall
be made indicating the time and date of the inspection, the findings
of the Township official authorized to conduct the inspection in regard
to conformance with this Part 2 and other Township ordinances, and
the opinion of such Township official in regard to the suitability
of the site for the proposed use. After such inspection, if the Township
official determines that the site and any facilities thereon are unsuitable
for the particular use, such determination shall be grounds for the
revocation of the permit.
Any person, firm or corporation who shall violate any provision of this Part 2, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus all court costs, including reasonable attorneys' fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day or portion thereof that a violation of this Part 2 continues or each section of this Part 2 which shall be found to have been violated shall constitute a separate offense.
This Part 2 shall in no way be a substitute for, nor eliminate
the necessity of, complying with any and all state laws, rules and
regulations, county and Township ordinances which are now, or may
in the future be, in effect which pertain to the conduct of public
gatherings.
