[HISTORY: Adopted by the Borough Council
of the Borough of New Freedom 9-11-1978 by Ord. No. 1978-3 (Ch. 13, Part 1, of
the 1983 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "New Freedom
Borough Outdoor Amusement Ordinance."
A.
APPLICANT
OUTDOOR AMUSEMENT
PERSON
The following words and phrases as used in this chapter
shall mean:
Any person who applied for a license under the provisions
of this chapter.
Any outdoor theatrical, musical or dramatic performance or
concert, 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 way or manner demanded, expected or received.
The term "outdoor amusement" shall not include any church, fire company
or school function, or any activity conducted solely for benevolent
or charitable purposes by a person having an exemption from the federal
income tax in accordance with pertinent sections of the Internal Revenue
Code.
Any natural person, group or persons, organization, partnership,
association, firm or corporation.
B.
In this chapter, words in the singular shall include
the plural, and the masculine shall include the feminine and the neuter.
A.
No person either as principal or agent shall conduct
or hold, nor shall permit the conducting or holding on premises owned
or under the control of the person, any outdoor amusement in the Borough
unless the person 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 Secretary at least 15 days before the date
on which the outdoor amusement is proposed to be held. The application
shall be in writing and shall include:
(1)
The name and business address of the person who proposes
to conduct the outdoor amusement;
(2)
The type of outdoor amusement proposed, including
the number of performers and their names;
(3)
The date or dates on which the proposed outdoor amusement
is to be conducted, the rain date, if any, should the weather force
the cancellation of the event;
(4)
The hours during which the proposed outdoor amusement is to be conducted on each date submitted as required by Subsection A(3) above;
(5)
A property description of the site on which the proposed
outdoor amusement is to be conducted, including, but not limited to,
an outline of where all required facilities are to be located, the
amount of acreage in the site, the name of access road or roads to
the site, the number of permanent seats;
(6)
The number of people per performance per day which
the applicant estimates will attend the proposed outdoor amusement
and the maximum number of advance tickets to be offered for sale for
each performance;
(7)
The food, housing, parking, sanitary, medical and
crowd control arrangements and facilities to be provided by the applicant
for each day; and
(8)
The number of motor vehicles which the applicant estimates
will bring people to each performance for each day and the number
of motor vehicles that can be parked within the fenced area where
the proposed outdoor amusement is to be held.
B.
A separate application must be filed for each site
and every application must be duly verified by the applicant that
the facts set forth in the application are true and correct under
the penalties of perjury. The Secretary shall provide official application
forms which must be used by the applicant.
A.
No license shall be issued under this chapter until:
(1)
The applicant has complied in all respect with the
terms of this chapter and the application has been approved by Council;
(2)
A certified copy of all state and county permits are
filed with the Secretary in any instance in which state and county
permits are required to conduct the proposed outdoor amusement;
(3)
The Borough, through its agents, has inspected the
premises where the proposed outdoor amusement is to be held to endeavor
to ascertain whether the premises are suitable for the purpose and
free from unsanitary, dangerous or hazardous features;
(4)
The cash bond required by this chapter has been paid;
(5)
The public liability insurance required by this chapter
has been filed with the Secretary; and
(6)
The license fee required by this chapter has been
paid.
B.
The Borough 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 on it would create a
traffic hazard, or because of the lack of accommodations for the number
of persons and vehicles likely to be attracted to the amusement, or
if the proposed outdoor amusement is likely to create unnecessary
annoyance to the residents or inhabitants of the locality. In every
case, the Council, 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.
C.
The applicable Pennsylvania Department of Environmental Protection Rules and Regulations, including, but not limited to, Title 25, Chapter 71, Administration of Sewage Facilities Planning Program; Title 25, Chapter 73, Standards for Onlot Sewage Treatment Facilities; Title 7, Chapter 46, Food Code; Title 28, Chapter 19, Organized Camp and Campgrounds; and Title 25, Chapter 243, Nuisances, shall be complied with by the applicant.[1]
A.
Every person applying for a license for an outdoor
amusement under this chapter shall deposit with the Secretary a bond,
secured either in cash or in certified check payable to the Borough,
in the amount of $2 per person of the anticipated attendance, in such
form as prepared by the Solicitor. The cash bond shall be conditioned
for the faithful observance of the provisions of this chapter and
saving harmless the Borough, its officers, agents, servants and employees
from any and all liabilities or causes of action which might arise
by virtue of the granting of such license in the Borough. The cash
bond shall also be a fund for the payment of any damages to property
or injuries to persons which might occur outside of the area in which
the outdoor amusement is to be conducted, whether the damages to property
or injuries to persons occur either in the Borough or in any municipality
adjacent to it. The cash bond is conditioned further that, as a result
of the outdoor amusement, the license holder will not permit any dirt,
paper, litter or other debris from the outdoor amusement to remain
on any property outside the area in which the outdoor amusement is
conducted.
B.
The Borough has the right to retain the cash bond
for a period of 90 days after termination of the outdoor amusement.
If during the ninety-day period the Borough is notified in writing
of any claim to property damage or injuries to persons arising from
the outdoor amusement, it may retain sufficient monies to cover payment
of the claims until the claims have been satisfied by the license
holder or there has been an adjudication of liability for payment
in any court of competent jurisdiction. After the expiration of the
ninety-day period, the cash bond will be returned to the license holder,
less, however, any sums of money to be retained by the Borough for
the purposes set forth in this section.
Every applicant for a license under this chapter
shall file with the Secretary, at the time in advance of the outdoor
entertainment that Borough may require, a public liability insurance
policy from an insurance company lawfully doing business in Pennsylvania
in which the applicant, his agents, employees and subcontractors,
and the Borough, its officers, agents and employees, are named insureds,
in amounts of not less than $300 for one person and $500 for any one
accident, in a form that in the judgment of the Solicitor will adequately
protect the Borough, its officers, agents and employees, against and
provide a source of payment to parties suffering injury and damage
resulting from the perils involved in the outdoor entertainment, which
shall contain provisions assuring that the insurance will remain in
full force through the end of the period which the outdoor amusement
is to be conducted in the Borough.
Before a license shall be issued to any person
whose application under this chapter has been approved by Council,
that person shall pay to the Borough a license fee in the amount as
shall be set by resolution of the Borough Council, which license fee
shall be a fund to cover costs of administration to the Borough of
the provisions of this chapter and shall also operate as a fund for
the hiring of additional police protection by the Borough or by any
municipality adjacent to it, which additional policemen might be necessary
because of the size of the anticipated attendance and which the Borough
or any municipality adjacent to it would not be in a position to adequately
police under normal circumstances.
A maximum of 3 1/2 persons per motor vehicle
shall be permitted to attend the outdoor amusement based on the number
of motor vehicles capable of being parked within the fenced-in area
where the outdoor amusement is to be conducted.
The entire area to be used for the outdoor amusement,
including, but not limited to, entertainment, parking, medical facilities,
sanitation facilities, spectator seating facilities and food distribution
facilities, shall be totally enclosed by a fence that shall be at
least 72 inches in height. If the proposed fence is only a temporary
fence, it shall be of design, materials and construction previously
approved by the Borough as adequate for the purpose, and, in addition,
shall be securely attached to posts which shall be on a maximum of
ten-foot centers. An adequate number of gates shall be provided for
entering and leaving the area with a minimum of two gates required:
one limited to use by traffic entering the area and one limited to
use by traffic leaving the area.
Uniformed guards furnished at cost of applicant,
having police powers similar to those of a constable in the Commonwealth
of Pennsylvania, shall be at the site of the outdoor amusement and
shall be on duty in the ratio of one guard for every 1,000 persons,
based on the anticipated attendance. The guards shall constantly circulate
and patrol all areas including, but not limited to, the parking area.
A.
At least one duly licensed medical doctor or osteopathic
physician shall be present at the site of the outdoor amusement at
all times at the ratio of one physician for every 5,000 persons, based
on the anticipated attendance.
B.
Toilet facilities, either permanent or portable, shall
be provided for in the ratio of one facility for every 500 persons,
based on the anticipated attendance.
C.
Adequate potable water shall be provided for emergency
first aid, drinking and handwashing.
D.
A covered facility shall be provided for emergency
first aid.
E.
An ambulance and related personnel and a fire truck
and related personnel shall be located at the site of the outdoor
amusement at all times.
A.
In addition to all of the prior requirements of this chapter, the application for the license shall also be accompanied by written documentary evidence that the applicant has made arrangements to have the services of guards and licensed medical doctors or osteopathic physicians as required in §§ 71-10 and 71-11 of this chapter. The most acceptable form of written documentary evidence would be copies of signed employment contracts for those services.
B.
When all of the requirements of this chapter have
been met and the application has been approved by the Council, the
Secretary shall issue a license to conduct the outdoor amusement.
The license shall in every case state:
(1)
The name and business address of the person authorized
to conduct the outdoor amusement; and
(2)
The type of outdoor amusement authorized; and
(3)
The date or dates on which the proposed outdoor amusement
is to be conducted; and
(4)
The hours during which the outdoor amusement is to be conducted on each date or dates authorized by Subsection B(3) above; and
(5)
The site on which the outdoor amusement is to be conducted;
and
(6)
The hour and date on which the license shall expire;
and
(7)
That this license shall not be assignable.
After a license has been issued under this chapter,
the Borough, through its agents, shall inspect the site designated
in the license before any program, show or entertainment is begun
to determine that no dangerous, hazardous and unsanitary conditions
exist. The Borough, through its agents, shall in addition have the
right to inspect the site designated in the license after the commencement
of program, show or entertainment and after the completion of any
program, show or entertainment to further determine that no dangerous,
hazardous or unsanitary conditions exist and that all conditions of
this chapter are being and have been complied with. In the event of
any dangerous, hazardous or unsanitary conditions being found before
the commencement of the program, show or entertainment, they shall
be immediately corrected by the license holder, and any dangerous,
hazardous or unsanitary conditions or other violation of this chapter
found after the commencement of the program, show or entertainment
shall be corrected immediately by the license holder, and if the conditions
are not immediately corrected as above specified, the license shall
be revoked, the program, show or entertainment shall cease, and no
part of the license fee shall be refunded.
No person granted a license under this chapter
shall permit upon the site named in the license:
Council shall 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 license holder
violates in any way any provisions of this chapter, and no part of
the license fee shall be refunded.
[Amended 12-19-1983 by Ord. No. 1983-8[1]]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and/or to imprisonment for a term
not to exceed 90 days. Each three-hour period during which a violation
exists shall constitute a separate violation of this chapter. The
Borough shall also have available equitable remedies to enjoin violations
of this chapter.
