[HISTORY: Adopted by the Board of Supervisors
of the Township of Athens 3-28-1979 by Ord. No. 37. Amendments noted where
applicable.]
This chapter shall be known as the "Athens Township,
Bradford County, Outdoor Amusement Ordinance of 1979."
A.
APPLICANT
BOARD OF SUPERVISORS
MUNICIPALITY
OUTDOOR AMUSEMENT
PERSON
TOWNSHIP
TOWNSHIP SECRETARY
TOWNSHIP TREASURER
As used in this chapter, the following terms shall
have the meanings indicated:
Any person who applies for a license hereunder.
The Board of Supervisors of the Township of Athens, Bradford
County, Pennsylvania.
The Township of Athens, Bradford County, Pennsylvania.
Includes any outdoor theatrical, musical or dramatic performance,
festival or carnival or any other outdoor exhibition, show, entertainment
or amusement of any similar nature or kind for which an admission
fee is charged or for which money or any other reward of any nature
is in any manner demanded, expected or received. The term "outdoor
amusement" shall not include any church or school affair nor any performance
or exhibition that, in the opinion of the Board of Supervisors of
the Township, is conducted solely for benevolent or charitable purposes.
Any natural person, partnership, association, firm or corporation.
The Township of Athens, Bradford County, Pennsylvania.
The Secretary of the Board of Supervisors of the Township
of Athens, Bradford County, Pennsylvania.
The Treasurer of the Board of Supervisors of the Township
of Athens, Bradford County, Pennsylvania.
B.
In this chapter, words in the singular shall include
the plural, and the masculine shall include the feminine and the neuter.
No person, either as principal or agent, shall
conduct or hold nor permit to be conducted or held on premises owned
by or under the control of such person any outdoor amusement in the
Township unless the same shall have been licensed according to the
provisions of this chapter.
An application for the license required by this
chapter must be filed with the Township Secretary 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 outdoor amusement
is to be conducted.
D.
The hours during which the proposed outdoor amusement is to be conducted on each date submitted as required by Subsection C.
E.
The site on which the proposed outdoor amusement is
to be conducted.
F.
The number of people per performance per day which
the applicant estimates will attend the proposed outdoor amusement.
A separate application must be filed for each site and every application
must be duly acknowledged with a statement that the facts set forth
therein are true and correct under the penalty of perjury. The Township
Secretary shall provide the official application form which must be
used by the applicant.
A.
No license shall be issued under this chapter until:
(1)
The application required by this chapter has been
approved by the Board of Supervisors.
(2)
Certified copies of all state and county permits are
filed with the Township Secretary in any instance in which such state
and county permits are required to conduct the proposed outdoor amusement.
Said permits shall include but not be limited to all permits required
by the Pennsylvania Department of Environmental Resources.
(3)
A certified copy of the contract or lease agreement
between the applicant and the landowner is filed, if the applicant
and the landowner are not one and the same person.
(4)
The Board of Supervisors or its agents have inspected
the premises where the proposed outdoor amusement is to be held to
ascertain whether such premises are suitable for the purpose and free
from unsanitary, dangerous or hazardous features.
(5)
The cash bond required by this chapter has been paid.
(6)
The evidence of public liability insurance required
by this chapter has been filed with the Township Secretary.
(7)
The license fee required by this chapter has been
paid.
B.
The Board of Supervisors may cause any other investigation
or inspection to be made to secure the facts needed by it to determine
if the application should be approved and the license granted. It
may reject the application and refuse to grant the license if any
unsanitary, hazardous or dangerous conditions exist or if the location
is deemed by it unsuitable because the conduct of the proposed outdoor
amusement thereon would create a traffic hazard or because of the
lack of accommodations for the number of persons and/or vehicles likely
to be attracted thereto or if the proposed outdoor amusement is likely
to create unnecessary annoyance to the residents or inhabitants of
the locality. In every case the Board of Supervisors approving the
application and issuing a license shall state in the license the type
of outdoor amusement authorized and the time for which the license
is to remain in effect.
A.
Every person applying for a license for an outdoor
amusement under this chapter shall deposit with the Township Treasurer
a cash bond, which cash bond shall be in the following amounts:
(1)
Anticipated attendance of fewer than 250 persons daily:
no bond need be filed.
(2)
Anticipated attendance of 250 or more persons daily
but fewer than 500 persons daily: cash bond to be in the amount of
$2,500.
(3)
Anticipated attendance of 500 or more persons daily
but fewer than 1,000 persons daily: cash bond to be in the amount
of $5,000.
(4)
Anticipated attendance of 1,000 or more persons daily
but fewer than 5,000 persons daily: cash bond to be in the amount
of $10,000.
(5)
Anticipated attendance of 5,000 or more persons daily
but fewer than 10,000 persons daily: cash bond to be in the amount
of $25,000.
(6)
Anticipated attendance of 10,000 or more persons daily
but fewer than 20,000 persons daily: cash bond to be in the amount
of $40,000.
(7)
Anticipated attendance of 20,000 or more persons daily:
cash bond to be in the amount of $50,000.
B.
Said cash bond shall be conditioned for the faithful
observance of the provisions of this chapter and the saving harmless
of the Township from any and all liabilities and causes of action
which might arise by virtue of the granting of such license in said
Township, 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 licensee will not permit any dirt, paper, litter or other debris
from the outdoor amusement to remain thereon. Said bond shall also
be a guaranty for treating with a suitable dust layer those unpaved
roads in the vicinity of the licensed premises of the outdoor amusement.
The licensee shall treat the roads so designated by the Board of Supervisors
with a suitable dust layer approved by the Board. Such cash bond shall
be returned upon certification by the Board of Supervisors that all
conditions of this chapter have been complied with and that the aforesaid
property and roads have been placed in neat conditions and all debris
removed. Said cash bond shall be further conditioned that the applicant
will pay the necessary license fees based on actual attendance to
the Township Secretary.
Before a license 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 a
fee according to the following schedule:
A.
Anticipated attendance of fewer than 250 persons daily:
no fee.
B.
Anticipated attendance of 250 or more daily but fewer
than 500 daily: $25 per day or fraction thereof.
C.
Anticipated attendance of 500 or more daily but fewer
than 1,000 daily: $150 per day or fraction thereof.
D.
Anticipated attendance of 1,000 or more daily but
fewer than 5,000 daily: $500 per day or fraction thereof.
E.
Anticipated attendance of 5,000 or more daily but
fewer than 10,000 daily: $1,000 per day or fraction thereof.
F.
Anticipated attendance of 10,000 or more daily but
fewer than 20,000 daily: $2,000 per day or fraction thereof.
G.
Over 20,000 daily: $3,000 per day or fraction thereof.
Every applicant for a license under this chapter
shall furnish satisfactory evidence to the Township Secretary that
a public liability insurance policy in amounts of not less than $300,000
for one person and $500,000 for any one accident will be in force
and effect during the period which such outdoor amusement is to be
conducted in the Township. Such policy shall be subject to the approval
of the Township Solicitor.
A.
When all of the requirements of this chapter have
been met and the application has been approved by the Board, the Township
Secretary shall issue a license hereunder to conduct the outdoor amusement.
B.
The license shall in every case state:
(1)
The name and business address of the person authorized
to conduct the outdoor amusement.
(2)
The type of outdoor amusement authorized.
(3)
The date or dates on which the proposed outdoor amusement
is to be conducted.
(4)
The hours during which the outdoor amusement is to be conducted on each date or dates authorized by Subsection B(3).
(5)
The site on which the outdoor amusement is to be conducted.
(6)
The hour and date on which the license was issued
for each site and a separate fee paid for each.
C.
A license shall not be assignable.
After any license has been issued under this
chapter, the Board of Supervisors or its agents shall inspect the
site designated therein before any program, show or entertainment
is begun to ensure that no dangerous, hazardous and unsanitary conditions
exist. The Supervisors shall give the licensee a reasonable time as
determined by the Supervisors to correct such dangerous, hazardous
and unsanitary conditions that may exist. If he does not, his license
shall forthwith be revoked, and no part of the license fee shall be
refunded.
No holder of a license under this chapter shall
make or permit to be made any unnecessary or unreasonable noise by
loudspeaker, amplifying device or any other means which would disturb
the residents in the vicinity of the premises wherein such licensed
outdoor amusement is held.
At no time any directional signs to the site
named in the application for license hereunder be posted along any
roads in the Township except those designated by the Board of Supervisors.
No person granted a license under this chapter
shall permit upon the site named therein:
The Board of Supervisors shall forthwith revoke
any license granted under this chapter if at any time dangerous, hazardous
and unsanitary conditions develop on the site designated in the license
or if the licensee violates in any way any provision of this chapter,
and no part of the license fee shall be refunded.
The Board of Supervisors shall have the power
to institute in the Court of Common Pleas of Bradford County suits
in equity to restrain or prevent violations of this chapter. In cases
where the municipality revokes any permits deemed improperly issued
under the provisions, or in other cases where the circumstances require
it or the public health may be endangered, a mandatory preliminary
injunction may be issued upon the terms prescribed by the court, notice
of the application therefor having been given to the defendant in
accordance with the rules of equity practice, and in any such case
the municipality shall not be required to give bond.
[Amended 12-18-1991 by Ord. No. 92; 8-28-1996 by Ord. No.
128; 5-28-1997 by Ord. No. 133; 7-30-1997 by Ord. No. 135; 10-27-1999 by Ord. No. 159]
A.
Any person who shall violate any of the provisions
of this chapter shall be subject to a civil penalty. The Township
Secretary shall determine in each case whether a violation has occurred
under this chapter. Upon determining that a violation has occurred,
the Secretary shall impose a civil fine of not less than $100 nor
more than $600.
B.
In the event a civil fine is imposed for a violation
of this chapter and said fine is not timely paid, the Township may
commence a civil proceeding against such person for payment thereof
before the District Justice. Any person found liable shall be liable
for the original fine, plus costs and reasonable attorneys fees.
