[Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Public Gathering
Ordinance."
[Ord. 656, 4/9/2015]
As used in this Part, the following terms shall have the meanings
indicated, unless the context clearly requires otherwise:
An agent, occupant, lessee, contract purchaser or person
other than the owner, having possession or control of property.
All assemblies of people for the purpose of public amusement
reasonably anticipated to number more than 1,000 for a continuous
period of four hours or more, more than 10% of whom will assemble
outdoors or in structures specially constructed, erected or assembled
for the gathering, whether or not an admission fee is charged.
Any natural person, association, partnership firm, corporation,
joint venture, or any other legal entity whatsoever, who initiates,
organizes, promotes, permits, conducts or causes to be advertised
a public gathering.
[Ord. 656, 4/9/2015]
1.
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, unless a permit has
been obtained pursuant to this Part. A separate permit shall be required
for each public gathering for the period of time designated by the
permit.
2.
This Part shall not apply to a public gathering held at a permanent facility that is constructed, maintained and used for public gatherings (such as an amphitheater, place of worship, and stadium, as such terms are defined by the Zoning Ordinance [Chapter 27]), provided that:
[Ord. 656, 4/9/2015]
No public gathering shall be held within the boundaries of the
Township, 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 be granted a permit as herein provided
A.
No permit shall be available for an extent of more than 48 hours
duration unless permit and application specifically allow for an extension
of that period.
B.
No applicant shall be under 21 years of age.
C.
No permit shall be transferred or assigned.
D.
In case of dispute over the number of people reasonably anticipated
to attend the public gathering, the decision of the Board of Supervisors
shall control.
[Ord. 656, 4/9/2015]
1.
Written application for each public gathering shall be made to the
Township Manager according to the following schedule:
A.
A gathering numbering 1,000 — 2,000 persons, 20 days prior
to the first days upon which the public gathering is to commence.
B.
A gathering numbering 2,000 — 3,500 persons, 30 days prior
to the first day upon which the public gathering is to commence.
C.
A gathering numbering 3,500 — 5,000 persons, 45 days prior
to the first day upon which the public gathering is to commence.
D.
A gathering numbering over 5,000 persons, 60 days prior to the first
day upon which the public gathering is to commence.
2.
Application shall be made on forms specified by the Township Manager
and shall contain at least the following information:
A.
The full legal name, address and telephone numbers of all sponsors.
B.
The full legal name and address of the owner and person in charge
of the property to be utilized for the public gathering.
C.
If the sponsor-applicant is a partnership or joint venture, then
all parties thereto shall sign as applicants. If the sponsor-applicant
is a corporation, copies of the articles of incorporation, bylaws
and resolution authorizing the application may be required.
D.
The location and address of the property to be utilized for the public
gathering.
E.
The program for the public gathering, or if no program is prepared,
a narrative statement as to the purpose, date or dates for or during
which the public gathering is to be conducted.
F.
A diagrammatic sketch plan of the proposed site of the mass gathering
showing the locations and dimensions of the proposed service roads,
portable water facilities, sanitary facilities, sewage disposal facilities,
medical service facilities, distribution of security personnel, and
provisions for food storage, as well as camping facilities and projected
plans for enclosure, if necessary, of the proposed site.
G.
Evidence that all permits and licenses as required by state and county
statutes and rules and regulations enacted thereunder have been obtained,
or will be obtained.
H.
A statement of the number of persons expected to attend such event
and the duration of such attendance.
I.
The specific details relating to:
(1)
Food and drink.
(2)
Sanitary facilities.
(3)
Transportation and parking facilities.
(4)
Security and protection of surrounding areas, including specific
reference to the number of marshals assisting in the control of traffic
and supervision of those attending.
(5)
On-site medical facilities and hospital care.
(6)
Janitorial services and post gathering trash removal.
J.
A certified copy of the bond or verified evidence of other suitable
financial arrangements, as hereinafter required, must be attached
to the application.
K.
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 5,000 persons.
L.
Examples of proposed advertising of the event, if any.
M.
Applicants' statement that they shall abide by the terms and
provisions of this ordinance, and all laws, rules and regulations
of the Commonwealth of Pennsylvania, County of Allegheny and the Township.
3.
Each application shall be accompanied with a cash fee to cover the
cost of inspection, investigation, issuance, and administration of
the permit in an amount as established from time to time by resolution
of the Board of Supervisors. No part of the permit fee is refundable.
4.
The Township Manager shall either grant or deny the application for
permit according to the following schedule:
A.
A gathering numbering 1,000 — 2,000 persons, five days prior
to the first day upon which the public gathering is to commence.
B.
A gathering numbering 2,000 — 3,500 persons, 10 days prior
to the first day upon which the public gathering is to commence.
C.
A gathering numbering 3,500 — 5,000 persons, 15 days prior
to the first day upon which the public gathering is to commence.
D.
A gathering numbering over 5,000 persons, 20 days prior to the first
day upon which the public gathering is to commence.
[Ord. 656, 4/9/2015]
The applicants shall submit with their application a corporate bond of indemnity in a form approved by the Township Solicitor, and in compliance with the requirements of the Financial Security Ordinance [Chapter 1, Part 7] to save and protect Township streets, pavements, bridges, road signs and all other township property from any and all damage that might be caused by vehicles, employees, or participants in the public gathering, and to be used, if necessary, to restore the premises where such public gathering is held to a sanitary and neat condition and pay all charges and losses to the Township for damages to the streets, pavements, bridges and all other Township property.
A.
Should the permitted 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 from the principals
and/or their indemnitor. The cash deposit or its balance will be returned
to the applicants upon final audit of the Township as to what damages,
if any, occurred and what deployment and employment of personnel,
if any, was necessitated.
B.
The property owner or person in charge of the property making application
shall sign as an additional indemnitor, to insure against damage to
streets, pavements, bridges, road signs, and all other township property,
to meet costs of the Township for deploying or employing personnel
directly attributable to the conduct of the public gathering, and
to insure that the property will be restored to a sanitary condition.
[Ord. 656, 4/9/2015]
1.
No permit shall be issued by the Township Manager unless all of the
conditions recited herein have been satisfactorily concluded according
to the following schedule:
A.
A gathering numbering 1,000 — 2,000 persons, six days prior
to the first day upon which the public gathering is to commence.
B.
A gathering numbering 2,000 — 3,500 persons, 11 days prior
to the first day upon which the public gathering is to commence.
C.
A gathering numbering 3,500 to 5,000 persons, 16 days prior to the
first day upon which the public gathering is to commence.
D.
A gathering numbering over 5,000 persons, 21 days prior to the first
day upon which the public gathering is to commence.
2.
Sanitary Facilities. Written approval of the Pennsylvania Department
of Health, the Pennsylvania Department of Environmental Protection
and the Allegheny County Health Department, indicating that applicant's
plan for water supply, toilet facilities, washing facilities, and
food preparation and service, if applicable, the type of food preparation
and food facilities to be provided, conform with applicable state
and county laws, rules and regulations relating to the public health.
3.
Public Safety. Written statement of the Police Department indicating
that plans have been made to meet the following conditions:
A.
Applicants have provided for adequate traffic control and crowd control
personnel, i.e., one marshal for every 50 motor vehicles reasonably
anticipated to be at the location and one marshal for each 150 persons
reasonably anticipated to be in attendance.
B.
Applicants have completely enclosed the ground where the public gathering
is to be held with snow fencing or other similar material of equivalent
strength of not less than four feet in height.
C.
Adequate lighting must be provided subject to approval of the Township
Manager.
4.
Medical Services. Written approval by the Pennsylvania Department
of Health or its designee and the Township Emergency Management Coordinator
and/or Township Fire Marshal that all requirements for providing emergency
medical services for crowds or gatherings of the size contemplated
as provided by state law or rule or regulation and as may be contained
in any local emergency management plan and as may be required in the
sound discretion of the chief officer of the Township emergency medical
services provider or providers.
5.
Parking Facilities. Proof that parking is available within or adjacent
to the premises upon which the public gathering is to be conducted
as herein provided:
A.
Such parking facilities shall provide parking space for one vehicle
for every four persons reasonably anticipated to be in attendance
at the public gathering.
B.
Adequate ingress and egress shall be provided from such parking area
to facilitate the movement of any vehicle at any time to or from the
parking area; provided, however, that should buses be used to transport
the public to the public gathering, it shall be shown that public
parking, as described above, is available at any site from which buses
are scheduled to pick up persons to transport them to the public gathering.
[Ord. 656, 4/9/2015]
All facilities, including stage, to be specially assembled,
constructed, or erected for the public gathering must be in place
at least 24 hours before the commencement of the public gathering
and be approved by the Township Code Official.
[Ord. 656, 4/9/2015]
1.
No permittee, or persons having control of the public gathering shall
condone the presence of intoxicating liquor or the consumption of
intoxicating liquor on the property and no person during the public
gathering shall take or carry onto the property, or drink thereon,
intoxicating liquor, except as licensed or permitted by state law.
2.
The burden of preserving order during the public gathering is upon
the permittees of the public gathering. Any violation of the laws
of the Commonwealth of Pennsylvania, or its rules and regulations,
or of the terms and conditions of this ordinance, or other ordinances
of Allegheny County or the Township, or the permit granted hereunder
may be cause for immediate revocation of the permit by the Township
Manager 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.
The Township Manager and the representative of the County and Township
departments having responsibility for approval under this Part shall
be granted access to the public gathering at all times for the purpose
of inspection and enforcement of the terms and conditions imposed
herein.
4.
No musical entertainment, either live or recorded, utilizing sound
amplification equipment, shall be operated in a location which is
less than 500 feet from any school, church, dwelling unit, or any
other place of permanent human habitation, and there will be no programmed
entertainment provided between the hours of 11:00 p.m. and 10:00 a.m.
5.
If at any time during the conduct of the public gathering the number
of persons in attendance exceeds by 10% the number of persons represented
by the applicants for the permit anticipated to be in attendance,
the Township Manager, the Pennsylvania Department of Health, the Pennsylvania
Department of Environmental Protection, the Allegheny County Health
Department, or the Police Department have the authority to require
the applicants to limit further admissions until all conditions and
provisions recited herein are met.
6.
Any applicant with more than a 10% proprietary interest, if any,
in the public gathering, and the owner of property or person in charge
of the property, or their designated agents or representatives, shall
be required to be in attendance at the public gathering and shall
be responsible for insuring that no person shall be allowed to remain
on the premises who is violating any state, county or Township laws,
rules or regulations or any provision of this Part.
7.
Public gatherings operating without a permit under this Part based
on a reasonable anticipation of less than 1,000 persons in attendance,
shall limit attendance therein to 999 persons, and printed tickets,
if utilized, cannot number more than 999.
8.
The permit under this Part shall be conditioned upon an inspection
by the Township Manager, or his duly appointed representative, the
Township Emergency Management Coordinator and/or the Township Fire
Marshal to determine the suitability of the site and facilities thereon
for the proposed use. In the event of such inspection, a record shall
be made indicating the time and date of the inspection, the findings
of the Township official authorized to conduct the inspection in regard
to conformance with this Part and other Township ordinances, and the
opinion of such Township official in regard to the suitability of
the site for the proposed use. After such inspection, if the Township
official determines that the site and any facilities thereon are unsuitable
for the particular use, such determination shall be grounds for the
revocation of the permit.
[Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge 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 less than $300 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, Police Department, the Code Official,
the authorized designee of the Township Manager, and to any other
officer or agent that the Township Manager or the Board of Supervisors
shall deem appropriate.
[Ord. 656, 4/9/2015]
This Part shall in no way be a substitute for, nor eliminate
the necessity of, complying with any and all state laws, rules and
regulations, County and Township ordinances which are now, or may
in the future be, in effect which pertain to the conduct of public
gatherings.
