[HISTORY: Adopted by the Board of Supervisors of the Township of East Brandywine 4-21-1998 by Ord. No. 98-01. Amendments noted where applicable.]
This chapter shall be known as the "East Brandywine Township Public Gathering Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
BLOCK PARTY
A neighborhood party, celebration, or event held in a designated area on a street within that residential neighborhood. A block party shall not include a garage sale, yard sale, rummage sale, or other similar activity having the principal purpose of fundraising for an individual or organization, nor shall it include a political meeting or rally, carnival, or theatrical or musical performance, such as a concert.
[Added 12-3-2020 by Ord. No. 01-2020]
PERSON IN CHARGE OF PROPERTY
Any person or entity, other than the legal title holder, occupying or controlling property in East Brandywine Township.
PUBLIC GATHERING
Any gathering or assembly of persons for the purpose of public entertainment, amusement, recreation, information or education, whether on private or public property, at which it is reasonably anticipated that more than 150 persons will attend for a continuous period of not less than two hours, of which not less than 10% of such gathering will assemble outdoors or in structures specially constructed, erected or assembled for such gathering, whether or not a fee for admission is charged. As defined in this chapter, "public gathering" shall not include any gathering under control of any public or private school licensed by the Pennsylvania Department of Public Education or "block party" as defined herein.
[Amended 12-3-2020 by Ord. No. 01-2020]
SPONSOR
Any person or entity who organizes, promotes, permits, conducts a public gathering.
It shall be unlawful for any person in charge, sponsor or legal title owner of property to organize, promote, permit or conduct a public gathering without first having obtained a permit for each such public gathering.
A. 
No permit shall be granted for a public gathering of more than 48 hours' duration, unless the application specifically requests, and the permit specifically allows, 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 the event of a disagreement between the applicant and the Township as to the number of persons reasonably anticipated to attend a proposed public gathering, the number of persons shall be determined by the Board of Supervisors of East Brandywine Township in its discretion, as determined by such information as is reasonably available.
A. 
Written application for each public gathering shall be made to the Board of Supervisors of East Brandywine Township according to the following schedule:
(1) 
For gatherings numbering 150 to 1,000 persons, written application must be made 30 days prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the public gathering is to commence, whichever occurs first.
(2) 
For gatherings numbering 1,000 or more persons, written application must be made 60 days prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the public gathering is to commence, whichever occurs first.
B. 
Applications shall be made on forms specified by the Board of Supervisors of East Brandywine Township and shall contain at least the following information:
(1) 
The full legal names, addresses 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) 
In the event that the applicant is other than a natural person, such applicant shall demonstrate to the Township that the person making or signing such application on behalf of the applicant has full authority to make such application and bind the applicant.
(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 for which the public gathering is to be conducted.
(6) 
A diagram of the proposed site of the public gathering, indicating locations and dimensions of the area where the programmed entertainment, amusement or recreation is to be conducted, areas for spectators or attendees, all structures existing and to be constructed, proposed parking area and service roads, potable water facilities, sanitary facilities, sewage disposal facilities, medical service facilities, facilities for and distribution of security personnel, and facilities for food and beverage storage, preparation and service, as well as camping facilities and projected plans for enclosure, if necessary, of the proposed site.
(7) 
Evidence all permits and licenses as required by state, county and local ordinance, statute, rule and regulation enacted thereunder have been ordained or will be ordained not less than 15 days prior to public gathering.
(8) 
A statement of the number of persons expected to attend such event and the duration of such event.
(9) 
A statement regarding the first day upon which public announcement, promotion or advertising is to be made.
(10) 
Specific information and details relating to:
(a) 
Food and beverage providers and facilities.
(b) 
Sanitary and waste disposal providers and facilities.
(c) 
Transportation and parking facilities.
(d) 
Security providers and protection of surrounding areas, including specific reference to the number of security personnel assisting in the control of traffic and supervision of those attending.
(e) 
On-site medical providers and facilities.
(f) 
Janitorial services, post-gathering trash removal and provision for site restoration.
(g) 
Lighting and other utility services.
(11) 
Certificates of insurance issued by an insurance company licensed to do business in Pennsylvania, evidencing comprehensive general liability or special event public liability, in an amount of at least $1,000,000 for personal injury and $100,000 for property damage, which policies shall name East Brandywine Township as an additional named insured.
(12) 
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 500 persons.
(13) 
Examples of proposed advertising of the event.
(14) 
Applicant's statement of intention to abide by all applicable laws, ordinances, rules and regulations of any government entity having jurisdiction.
C. 
Fee.
(1) 
Each application shall be accompanied by a cash fee to cover the cost of inspection, investigation, issuance and administration of the permit in the following amounts:
Persons Anticipated
Fee
150 - 500
$100
501 - 1,000
$150
Over 1,000
$250
(2) 
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) 
For gatherings numbering 150 to 1,000 persons, 10 days prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the public gathering is to commence, whichever comes first.
(2) 
For gatherings numbering 1,000 of more persons, 20 days prior to the first day upon which the public gathering is to commence, whichever comes first.
A. 
As an additional condition to the issuance of the permit, the Township may require the applicant to submit a bond, with a licensed commercial surety, letter of credit or cash, as a security deposit in an amount as set forth below to save and protect the public streets, pavements, bridges, road signs, and all other public property caused by persons sponsoring, working at or attending the public gathering or failure of the permit holders to perform their obligations under the permit, including, but not limited to, deanup and restoration of the premises where the public gathering was held.
B. 
The bond, letter of credit or cash deposit shall be in the following amounts:
Persons Anticipated
Cash Deposit or Bond
150 - 500
$500
501 - 1,000
$1,000
Over 1,000
$2,000
A. 
Any permit issued by the Board of Supervisors of East Brandywine Township, or its duly appointed agent, shall be expressly conditioned upon satisfaction and completion of the conditions recited in this section according to the following schedule:
(1) 
A gathering numbering 150 to 1,000 persons, five days prior to the first day upon which the public gathering is to commence.
(2) 
A gathering numbering over 1,000 persons, 10 days prior to the first day upon which the public gathering is to commence.
B. 
Failure to satisfy the following conditions within the time frame set forth above shall constitute grounds for the immediate revocation of the permit by the Township and the cancellation of the public gathering.
(1) 
Sanitary facilities. Written approval of the Pennsylvania Department of Environmental Protection, the Chester County Department of Health, or other entity having jurisdiction of applicant's plan for all sanitary and health facilities, including, but not limited to, potable water, sewage disposal, food preparation, storage and service.
(2) 
Public safety.
(a) 
Security. Applicant must demonstrate that a plan, and means to implement the plan, exists to provide adequate traffic control and crowd control. The plan must include one licensed and qualified security person for every 50 motor vehicles reasonably anticipated to be at the location, and one licensed and qualified security person for each 100 persons reasonably anticipated to be in attendance. Identification of the security personnel or company must be provided. Applicant must agree to bear any Township cost for law enforcement services directly attributable to the public gathering for which the permit was granted.
(b) 
Enclosures. Applicant must demonstrate that a plan, and means to implement the plan, exists to have the location where the public gathering is to be held enclosed with snow fencing or other similar material of equivalent strength of not less than four feet in height, if admission is charged and attendance is reasonably expected to exceed 1,000 persons.
(c) 
Medical services. Applicant must demonstrate that a plan and a means to implement the plan exists to provide sufficient medical services to the public gathering. Each public gathering shall have a minimum of one ambulance staffed with two qualified persons trained in advance first aid techniques in attendance at all times for every 500 persons anticipated. Identification of the company or person supplying the service must be provided.
(d) 
Parking facilities. Applicant must demonstrate that a plan, and a means to implement the plan, exists to provide adequate parking facilities appropriate to the anticipated number of persons attending. There must be adequate parking facilities to accommodate one vehicle for every four persons reasonably anticipated to be in attendance. There must be provided ingress and egress to and from the parking area to facilitate the movement of any vehicle and to permit access by emergency vehicles.
(e) 
Structures. All facilities, including structures, stages, lighting facilities, sanitary facilities and other utilities to be specially assembled, constructed, installed or erected for the public gathering must be in place and be approved by appropriate state and federal regulatory agencies, if its regulations apply, and by the Township or its duly appointed agent.
A. 
The public gathering permittee must maintain the sanitary and sewage facilities, parking facilities, security and traffic control personnel and medical service facilities, and other facilities and utilities provided in accordance with the plans submitted and approved and in a safe and healthful manner.
B. 
Each sponsor and person in charge shall be appropriately represented at the public gathering and shall use their best efforts to cause the public gathering to be conducted in accordance with the provisions of this chapter and other applicable laws, rules and regulations.
C. 
Any material violation of any provision of this chapter or the repeated violation of any provision of this chapter shall be sufficient grounds for the revocation of any permit. Upon the revocation of any permit, the person in charge or sponsor shall immediately terminate the public gathering and cause the prompt and orderly dispersals of persons in attendance.
D. 
Duly authorized representatives of the Township and any law enforcement officials shall be granted access to the public gathering without charge for the purpose of inspection and enforcement of the terms and conditions of this chapter.
E. 
No programmed entertainment, amusement or recreation or use of sound amplification equipment shall be provided or permitted between the hours of 10:00 p.m. and 10:00 a.m. and shall be operated in a location which is less than 500 feet from any school, church or place or institution of human habitation or public road.
F. 
Public gatherings operating without a permit under this chapter, based on a reasonable anticipation of less than 150 persons in attendance, shall limit attendance therein to 149 persons, and printed tickets, if utilized, cannot number more than 149.
G. 
At the conclusion of the program, the permittees shall terminate the assembly or gathering and supervise the orderly dispersal of those in attendance. No person shall be permitted to remain overnight on the licensed premises, except permanent residents, unless overnight camping or other facilities were approved by the Township, pursuant to the application process and this chapter.
[Amended 12-3-2020 by Ord. No. 01-2020]
Any person or entity who promotes, organizes, permits, or conducts a public gathering or block party without first having received a permit, as provided in this chapter, or who causes or permits a public gathering or block party to be conducted in violation of the provisions of this chapter, or of the permit, upon determination of guilt in a summary proceeding before a Magisterial District Judge having jurisdiction, shall be subject to a penalty of not more than $600, together with costs. Each day that the violation continues shall be considered a separate offense.
[Added 12-3-2020 by Ord. No. 01-2020]
A. 
A block party, as defined in this chapter, shall comply with the following requirements:
(1) 
Where a block party is proposed in a neighborhood with a homeowners' association, the applicant shall document that a copy of the permit application has been provided to the association's board at least 30 days' prior to the proposed date of the event.
(2) 
Where the block party is proposed on a private road not owned by a homeowners' association, the applicant shall document that a copy of the permit application has been provided to the owner of the road at least 30 days' prior to the proposed date of the event.
(3) 
No block party shall be permitted on a road under the jurisdiction of the Pennsylvania Department of Transportation.
(4) 
The proposed date and time frame of the block party shall be provided, including, at the discretion of the applicant, a rain date. The maximum time frame for any block party shall be between the hours of noon and dusk, unless otherwise approved, in writing, by the Township.
(5) 
The applicant shall document that a letter or email has been sent to all residents of the block or blocks on which the event is to be held, providing notification of the planned event.
(6) 
Parked cars associated with the event shall not create a traffic hazard on any street adjacent to the block or blocks to be utilized for the event.
(7) 
The block party shall involve no motor vehicles, inflatable children's rides, tents, canopies, banners, stages, and/or fixed barriers that may block access to the street.
(8) 
The applicant shall provide written assurance that access to the block party site and, as appropriate, to areas beyond the site will be immediately provided for emergency vehicles.
(9) 
Sound amplification is permitted, subject to the terms of § 399-84, Noise standards, of the Township Code.
(10) 
The applicant shall be responsible for the removal of all litter, debris, or other materials generated by or used in the conduct of the event. Failure, as determined by a Township inspection subsequent to the event, may be deemed a littering violation.
(11) 
The applicant shall agree to indemnify and hold East Brandywine Township harmless from any and all loss, damage, liability, claims, and demands involving intentional misconduct, negligence, or otherwise arising out of or resulting from use of the event location.
(12) 
Not more than two permits shall be issued by the Township in any calendar year for the same block or blocks.
(13) 
A permit issued pursuant to this chapter shall be valid only for the date and hours specified thereon, or for a rain date where applicable.
(14) 
The applicant shall indicate the maximum number of individuals projected to attend the event. In no case shall that number exceed 100 at any one time during the conduct of the event.
B. 
An application for a block party permit shall be filed on a form provided by the Township, and shall demonstrate compliance with the requirements of Subsection A, above. Such application shall be submitted to the Township not less than 60 days' prior to the proposed date of the event.
C. 
Fee. An application fee for a block party will be charged as established from time to time by resolution of the Board of Supervisors.
D. 
The permit application shall be reviewed initially by the East Brandywine Township Police Department and shall be forwarded to the Board of Supervisors with a recommended action. The Board of Supervisors may approve, approve with conditions, or deny the application.
E. 
Where an application is approved, the permit for the block party shall be issued not less than 20 days' prior to the proposed date of the block party.
F. 
Permit requirements. The terms of § 105-4 of this chapter shall be applicable to any proposed block party.
G. 
Conduct of block party.
(1) 
The applicant shall be appropriately represented at the block party and shall use his/her best efforts to cause the block party to be conducted in accordance with the provisions of this chapter and other applicable laws, rules, and regulations.
(2) 
Any material violation of any provision of this chapter or the repeated violation of any provision of this chapter shall be sufficient grounds for the revocation of any permit. Upon the revocation of any permit, the person in charge shall immediately terminate the block party and cause the prompt and orderly dispersal of persons in attendance.
(3) 
Duly authorized representatives of the Township and any law enforcement officials shall be granted access to the block party for the purpose of inspection and enforcement of the terms and conditions of this chapter.
(4) 
At the conclusion of the block party, the permittee shall terminate the gathering and supervise the orderly dispersal of those in attendance.