[HISTORY: Adopted by the Board of Supervisors of the Township
of East Bradford 12-8-2020 by Ord. No. 08-2020. Amendments noted
where applicable.]
To plan for private gatherings and organized activities that,
due to their size and/or special requirements, place demands on Township
Support Services or pose a danger to public health, safety and welfare,
and necessitate that the Township receive advance notice of these
events and be compensated for services required for the event that
go beyond usual operations.
As used in this chapter, the following terms shall have the
meanings indicated:
Any public event officially sponsored or officially organized
by the Township from time to time.
The legal owner or owners of land on which the Private Special
Event is to take place.
A preplanned single event or series of events that, because
of its nature, interest, location, promotion or any combination of
similar influences, is expected to draw a large number of persons,
proposed to be held on private property or on a roadway, and requiring
the use of Support Services. Private Special Event shall include,
but not be limited to, races, festivals, shows, neighborhood celebrations,
parades, galas, fundraisers, public events which are privately sponsored
but open to the public, or similar activities generally considered
to be recreational or social in nature. The term shall not include
the normal operations, activities or affairs taking place on the land
of any duly established educational, recreational or religious organization
located in the Township, an event venue otherwise approved by the
Township (e.g., Bed-and-Breakfast Estate), an event whose estimated
total attendance of all participants is anticipated to be less than
200 people, to any community event or to an event where West Chester
University is the Sponsor.
Person, association, firm, corporation, group or other entity
responsible for organizing, hosting or paying for the event.
Those services provided by the Township, or the Township's
designated emergency services providers, to ensure that an event is
conducted in such a manner as to protect the rights, safety, health,
property and general welfare of its citizens. These services include,
but are not limited to, fire protection, ambulance services, police
protection, crowd management and control, traffic and parking management,
and solid waste management.
The Township of East Bradford.
The Township Manager of East Bradford or their designee.
A.
No Sponsor shall conduct a Private Special Event in the Township
without first obtaining a permit from the Township.
B.
The Sponsor and Landowner shall be jointly and severally responsible
for the payment of the Support Services necessary for a Private Special
Event, as determined by the Township.
C.
Township approval to conduct a Private Special Event by this process
does not relieve the Sponsor, the Landowner or any participants from
the responsibilities of applying for any other permits or licenses,
complying with federal or state law, or meeting any other requirements
of the Township's ordinances that may be applicable.
D.
The Sponsor shall obtain liability insurance for the Private Special
Event with minimum coverages and amounts as determined by the Township.
The insurance shall name the Township, its officials, employees, agents
and designated emergency providers as additional insureds. The Sponsor
shall submit a certificate of insurance evidencing the minimum coverages
and amounts to the Township in advance of the event.
E.
All required permits, licenses, security deposits, fees, insurance
policies, or any other conditions of the permit so indicated on the
permit shall be obtained no later than 10 days prior to the Private
Special Event.
F.
The Sponsor and the Landowner shall be jointly and severally responsible
to the Township for any cost, expense or damage sustained to the Township
caused by participants during the Private Special Event. This includes,
but is not limited to, Township buildings and facilities, roads, bridges,
and signs. Such additional costs, expenses or damages shall be paid
to the Township within five days of receipt of an invoice.
G.
The Sponsor and the Landowner shall be jointly and severally responsible
for the cost of any Support Services required, at the sole discretion
of the Township, to address specific unindicated circumstances by
the Sponsor, or where the nature of the Private Special Event is not
consistent with the event as applied for by the Sponsor. Such unanticipated
circumstances may include, but are not limited to, crowd control and
emergency response. Such additional costs and expenses shall be paid
to the Township or other appropriate Support Service provider within
five days of receipt of an invoice.
A.
The application for a permit for a Private Special Event shall be
submitted by the Sponsor to the Township no less than 90 days prior
to the Private Special Event. Depending on the nature of the Private
Special Event, additional information may be required by the Township
(e.g., approvals from other agencies).
B.
Payment of the application fee, the amount of which is to be set
by resolution of the Board of Supervisors from time to time, shall
be submitted along with each permit application.
C.
The Township Manager may waive the requirement of the 90 days' advance
notice for spontaneous Private Special Events for celebrations important
to the Township, the Commonwealth of Pennsylvania and the nation,
including but not limited to the celebration of local sports teams
and the end of wars or pandemics or other occurrences of national
significance.
A.
Township review of Private Special Event applications may involve
input from a variety of personnel and departments. In reviewing a
proposed Private Special Event, personnel shall review, evaluate,
and estimate the cost of the Support Services that will be charged
to the Sponsor or the Landowner.
B.
Township review of the application will involve consideration of
various criteria and factors, including but not limited to the following:
(1)
Does the Township, or the Township's designated emergency services
providers, have the ability to provide, if needed, the required Support
Services regardless of who bears the cost?
(2)
Will the proposed Private Special Event adversely affect the normal
and necessary functions of the Support Services to the Township?
(3)
Will the proposed Private Special Event adversely affect neighboring
or nearby property owners?
(4)
Does the proposed Private Special Event conflict with any other proposed
events or activities?
C.
Any personnel conducting the Township review shall recommend either
approval or disapproval of a proposed Private Special Event, submit
the conditions required if approved, and submit an estimate of costs
of Support Services and any other related issues to the Township Manager
in a timely manner so as not to delay the planning process.
D.
The Township Manager may require additional conditions not mentioned
herein as may be necessary to maintain peace and order or to protect
the health, safety and general welfare of the citizens of the Township
or any neighboring property.
E.
A final decision on the approval of a permit for the Private Special
Event proposed, along with all costs and conditions attached, shall
be made by the Township Manager, except those applications which require
road closures and anticipate more than 300 participants; then, in
such case, a final decision shall be by the Township Board of Supervisors
at a public meeting.
The Township Manager shall notify the Sponsor of a Private Special
Event whether an application is approved or denied. If the notification
is an approval, it shall include any costs and/or conditions attached
to the approval. If the notification is a denial, it shall include
the reasons for denial.
A.
The anticipated costs of Support Services for each individual Private
Special Event shall be calculated by the Township and set forth in
the permit. No later than 10 days prior to the Private Special Event,
the Sponsor or the Landowner shall secure the costs associated with
Support Services according to the following schedule:
(1)
Events with estimated Support Services costs of less than $2,500
shall provide financial security in the amount of 25% of costs.
(2)
Events with estimated Support Services costs between $2,500 and $7,500
shall provide financial security in the amount of 50% of costs.
(3)
Events with estimated Support Services costs over $7,500 shall provide
financial security in the amount of 100% of costs.
B.
Security may be in the form of a cash escrow or other financial security
in a form acceptable to the Township.
C.
Within 30 days of the close of the Private Special Event, the actual
cost of Support Services, including services arising for unanticipated
circumstances, shall be calculated by the Township. If the actual
costs exceed the amount of security held by the Township, additional
payment shall be made by the Sponsor or Landowner to the Township
within five days of receipt of an invoice. Otherwise, any excess security
shall be released by the Township to the Sponsor or the Landowner,
as applicable.
D.
Any Support Service cost not paid on or before the due date set in
this chapter shall be collected in the same manner as other municipal
claims.
A.
In the event that all required permits, licenses, security deposits,
fees, insurance policies or any other conditions of the permit so
indicated on the permit are not obtained 10 days prior to the Private
Special Event, the permit shall be revoked by the Township.
B.
Any violation of one or more of the regulations set forth herein
or conditions of the permit shall be sufficient grounds for the Township
to immediately revoke the permit and order the Sponsor and Landowner
to cease and desist their activities. Should the Sponsor and/or Landowner
fail to cease and desist its activities, in addition to any other
remedy available to the Township at law or in equity, they shall be
prevented from applying for another permit for at least two years
from the date of revocation.
C.
If the violation is not discovered by the Township until the Private
Special Event has ended, the Township shall suspend for two years
the right of the Sponsor and/or Landowner to apply for another Private
Special Event permit.
D.
A Sponsor and/or Landowner who has been denied a permit to conduct
a Private Special Event, whose permit has been revoked or whose right
to apply for a permit has been suspended or revoked for violation
of this chapter or contests a permit condition shall have the right
to appeal said denial, suspension, revocation or condition to the
Board of Supervisors, in writing, within five business days of the
date of the notice of said denial, suspension, revocation or condition.
The Board of Supervisors shall conduct a hearing on said appeal within
60 days from the date of filing of the appeal. The Board of Supervisors
shall render a decision within 30 days after the hearing, either upholding
the denial, suspension, revocation or condition or granting the appeal
and ordering the Township to grant the permit or rescind the revocation
or suspension notice or remove the condition.
By issuing a Private Special Event permit, the Township makes
no guarantees and assumes no liability for the safety of participants
in, or spectators of, the event. The Township shall require as a condition
of an event permit that the Sponsor and Landowner agree to indemnify,
defend, and hold the Township, its officials, employees, agents and
designated emergency providers harmless for any and all costs, damages,
or other liabilities related to the Private Special Event.
A.
In addition to paying for all Support Services required in association
with the Private Special Event, any Sponsor or Landowner who violates
or permits the violation of any of the provisions of this chapter
shall be subject to a civil penalty not to exceed $600 per violation,
plus all court costs, including reasonable attorney fees incurred
by the Township. A separate offense shall arise for each day or portion
thereof in which a violation is found to exist or for each section
of this chapter which is found to be violated. Upon a finding of liability
for committing or permitting the violation in a civil enforcement
proceeding commenced by the Township, the defendant shall pay the
fine, plus all court costs, including attorney fees. No judgment shall
be imposed until the date of determination of a violation by a Magisterial
District Judge and such fines, costs and attorney fees shall be collectible
before any Magisterial District Judge as like fines, costs and attorney
fees are now by law collectible. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure.
B.
In addition to the above-provided penalties, the Township may maintain
any action or proceedings in the name of the Township in the Chester
County Court of Common Pleas, at law or in equity, to compel compliance
with or enforce any violation of this chapter.
C.
All remedies of the Township shall be cumulative.
