Township of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 2011-4, 11/9/2011]
The Township of Kingston Ordinance No. 1977-47, as amended, Code of Ordinances, Chapter 13, Part 1 (Public Exhibitions and Amusements), is hereby repealed in its entirety.
[Ord. 2011-4, 11/9/2011]
As used in this Part 1, unless the context requires otherwise, the following terms shall have the meanings indicated:
PERSON IN CHARGE OF PROPERTY
A principal and his agent, occupant, lessee, contract purchaser, or person other than the owner, having possession or control of property in the Township.
PUBLIC GATHERING
All assemblies of people gathered for any purpose reasonably anticipated to number more than 350 people for a continuous period of two hours or more, more than 10% of whom will assemble, participate in any way, or occupy structures specially constructed, erected, or assembled for the gathering, whether or not an admission fee is charged.
SPONSOR
Any natural person, association, partnership, firm, corporation, joint venture, or any other legal entity whatsoever, who or which initiates, organizes, promotes, permits, conducts or causes to be advertised in any way a public gathering.
[Ord. 2011-4, 11/9/2011]
It shall be unlawful for any sponsor, owner of property, or person in charge of property to initiate, organize, promote, permit, conduct, or cause to be advertised a public gathering for any purpose unless a permit has been obtained pursuant to this Part 1. A separate permit shall be required for each public gathering for the period of time designated by the permit.
[Ord. 2011-4, 11/9/2011]
No public gathering may be held within the jurisdiction of Kingston Township, Luzerne County, Pennsylvania, unless the sponsor, the owner of property, and the person in charge of property upon which the gathering will be conducted jointly apply for and obtain a permit as herein provided.
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 shall be transferred or assigned.
[Ord. 2011-4, 11/9/2011]
Written application for each public gathering shall be made to the Board of Supervisors or its duly appointed agent of Kingston Township within 180 days prior to the date of the event.
A. 
Applications shall be made on forms provided by the Board of Supervisors of Kingston Township and shall contain the following information:
(1) 
The full legal names, addresses and telephone numbers of all applicants.
(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) 
The location and address of the property to be utilized for the public gathering.
(4) 
A narrative statement as to the purpose for which the public gathering is to be conducted.
(5) 
A statement of the number of persons expected to attend, view, etc., such event and the duration of such event and the activities conducted thereat.
(6) 
Applicants' statement that it or they shall abide by the terms and provisions of this Part 1, and all laws, rules and regulations of the Commonwealth of Pennsylvania, County of Luzerne and Township of Kingston relating to public gatherings as herein defined.
B. 
Each application shall be accompanied by a fee to cover the cost of issuance and administration of the permit in the amount of $150 as set by the Kingston Township Fee Schedule. No part of the application fee is refundable.
C. 
A deposit in the amount of $1,500 shall be made by the applicant before the issuance of a permit to assure the payment of all actual costs incidental to § 106.
D. 
The Board of Supervisors shall either grant or deny the application within 45 days of the first regularly scheduled meeting of the Board of Supervisors after receipt of the application.
[Ord. 2011-4, 11/9/2011]
1. 
Should the public gathering necessitate that the Township deploy or employ additional personnel as a direct result of the public gathering, such added expense shall be recoverable pursuant to Chapter 10, Part 5, of the Kingston Township Municipal Code and § 105C.
2. 
Should the public gathering necessitate that the Township incur additional miscellaneous expenses, such expenses shall be recoverable according to § 105C.
[Ord. 2011-4, 11/9/2011]
1. 
No permittee, or persons having control of the public gathering, shall permit the condition of any illegal conduct on the premises, including but not limited to disorderly conduct or illegal possession, sale, or use of intoxicating beverages or illegal drugs.
2. 
The burden of preserving order during the public gathering is upon the permittees of the public gathering. Any violations of the laws of the Commonwealth of Pennsylvania, or its rules and regulations, or other ordinances of Luzerne County or of Kingston Township, or of the conditions of the permit granted hereunder may be cause for immediate revocation of the permit by the Board of Supervisors of Kingston Township upon notification to the person in charge that a violation exists and the failure of the person in charge to take immediate action to correct the violation. Upon revocation of any permit, the permittees of the public gathering shall immediately terminate the assembly and provide for the orderly dispersal of those in attendance.
3. 
Entertainment, either live or recorded, utilizing sound amplification equipment shall be operated in accordance with all of the Kingston Township Code of Ordinances.
[Ord. 2011-4, 11/9/2011]
Any person in charge of property, firm or corporation who shall violate any provision of this Part 1 or any person who initiates, organizes, promotes, permits, conducts or causes to be advertised a public gathering without obtaining the permit provided in this Part, or who knowingly conducts, permits or allows a public gathering with a permit but in violation of the terms and provisions of this Part 1 and of the permit granted, or who shall counsel, aid or abet such violation or failure to comply, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 2011-4, 11/9/2011]
This Part 1 shall in no way be a substitute for, nor eliminate the necessity of, complying with any and all state laws, rules and regulations, and county and Township ordinances which are now, or may be in the future, in effect which pertain to the conduct of public gatherings.
[Ord. 2011-4, 11/9/2011]
It is hereby declared to be the intention of the Board of Supervisors of the Township of Kingston that, should the provisions, parts, sections, paragraphs, sentences, clauses or other phrases of this Part 1 be declared unconstitutional, illegal or otherwise invalid by the judgment or decree of a court of competence jurisdiction, that invalidity shall not affect any of the remaining provisions, parts, sections, paragraphs, sentences, clauses or phrases of this codification.
[Ord. 2011-4, 11/9/2011]
The provisions of this Part 1 are declared to be severable. If any provision of this Part 1 is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this Part 1 or any other ordinance of the Township of Kingston.
[Ord. 2011-4, 11/9/2011]
This Part 1 shall become effective in accordance with law.