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.
[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.