[HISTORY: Adopted by the Borough Council of the Borough of
Trainer 8-11-2011 by Ord. No. 722. Amendments noted where applicable.]
Carnivals, fairs, circuses, live theatrical exhibitions, food
festivals, car shows, craft shows, flea markets, tent shows, and similar
temporary events held for the purpose of attracting and entertaining
or educating members of the public or members of any group of persons
shall conform to and be bound by the following regulations:
A.
An application for a permit shall be submitted to the Council of
the Borough of Trainer at least 45 days prior to the event. The application
shall specify the following:
(1)
Name, address and phone number of the person, company or entity which
shall operate the event.
(2)
Name, address and phone number of the person, company, organization
or entity which is sponsoring and/or hosting the event.
(3)
Name, address and phone number of the owner of the property on which
the event is to be held.
(4)
The dates that the event shall be held, and the dates of the erection
and installation as well as the disassembly and removal of any equipment,
devices, tents, booths or any and all other items to be used in conjunction
with the event.
(5)
The type of event.
(6)
The devices, equipment and items to be used for the event, including,
but not limited to, tents, generators, specific pieces of amusement
equipment or other equipment, sound equipment, lighting, lavatories,
and food preparation and cooking facilities.
(7)
The arrangements for parking of all persons attending the event.
(8)
The greatest anticipated number of persons, including employees,
attending the event at any one time.
(9)
Provisions for security and medical emergencies.
(10)
Whether the event operator has been found guilty of the violation
of any law or ordinance as the result of operating a similar event
in any other municipality.
B.
The application shall be accompanied by a certificate evidencing
that there is insurance coverage for injury to any persons in the
amount of $1,000,000 or greater and insurance coverage for damages
to any property in the amount of $1,000,000 or greater. A certificate
shall be provided evidencing that the insurance meets the requirements
of the Amusement Ride Inspection Act, § 414. The application
shall also be accompanied by an official inspection affidavit prepared
by a qualified inspector in accordance with the Amusement Ride Inspection
Act (4 P.S. § 401 et seq.) and the Amusement Ride Safety
Board (7 Pa. Code § 139.1 et seq.)
C.
The person, company or entity operating the event shall pay to the
Borough of Trainer the anticipated earned income taxes for all of
the employees or other workmen or subcontractors working at or for
the event and shall pay to the Borough of Trainer the anticipated
profits taxes for the operator of the event prior to the start date
of the event. Relevant tax returns shall be filed at the conclusion
of the event. Any additional taxes owed shall be paid by the event
operator for itself and for all employees, workmen and subcontractors,
at the conclusion of the event.
D.
The event operator shall be solely responsible for any and all damages
to public property and to neighboring properties caused as the result
of the event, including, but not limited to, caused by people attending
the event.
E.
The event shall be conducted in conformity to all ordinances of the
Borough of Trainer, including but not limited to all noise, health
and safety ordinances.
F.
All food preparation, cooking and serving areas, and all lavatory
areas shall be subject to inspection by the Board of Health at any
and all times.
G.
All events shall be limited to 20 days, including the days necessary
to set up and to remove all equipment, devices, fixtures and other
items used in the event.
H.
All event operators shall obtain all necessary permits from the Borough
Building Inspector and shall be subject to all safety inspections
applicable and/or necessary.
Borough Council shall have the sole discretion to grant or to
deny a permit application for any particular event. When considering
a permit application for an event, Borough Council shall consider:
A.
The zoning district in which the event is to be held.
B.
The use and occupancy of surrounding properties.
C.
The hours of operation for the event.
D.
The possible adverse impacts of the event on the public health and
safety, and the possible adverse impacts of the event on the peace
and quiet of the neighborhood.
E.
The adequacy of parking and the impact upon traffic.
F.
The sufficiency of available public services.
G.
The track record of the event operator relative to public health
and safety and the impact of the event upon the community and the
conformity of the event to applicable ordinances and laws for similar
events held in other municipalities.
It is anticipated that such events shall place an additional
burden upon the Borough Police Department. The event operator shall,
prior to the start date of the event, pay a sum to the Borough of
Trainer equal to the anticipated cost to the Borough for having police
officers in service during the event greater in number than is normal
and customary when there is not such an event.
Any person, company, corporation, firm, association, partnership
or entity violating this chapter shall be subject to a fine not exceeding
$1,000 for each and every separate violation.
