[HISTORY: Adopted by the Board of Commissioners of the Township of Caln 8-25-2016 by Ord. No. 2016-02. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, safety and welfare of the Township of Caln by regulating public gatherings within the Township.
For the purposes of this chapter, the following term shall have the meaning indicated:
- PUBLIC GATHERING
- A temporary use of public land for an assemblage or gathering of more than 150 people with or without an admission fee. The term shall not apply to the normal operations, activities or affairs of any duly established municipal, recreational or religious organization or institution (including schools) located within the Township or to any wedding or similar family event hosted by a resident of the Township on his or her premises.
No person, firm, corporation or company shall hold or promote by advertising or otherwise a public gathering unless a permit shall have been issued therefor by the Township as herein provided and the fee paid.
An application for a permit under this section shall be submitted to the Township no less than 30 days prior to the proposed activity. The application shall contain the following information:
The name, address and telephone number of the applicant and, if other than the applicant, the name, address and telephone number of the person or persons holding or promoting the public gathering. If a firm, corporation, company or other business entity is holding or promoting the public gathering, then the application must contain the name, address and telephone number of the business entity and the name, address and telephone number of the officers of the business entity.
The exact location of the public gathering.
The name and address of the owner or owners of the property or properties where the public gathering will occur.
The date or dates and hours of the proposed public gathering.
The expected number of people in attendance.
The expected number of vehicles intended to use the property or properties at one time and collectively.
The purpose of the public gathering, including the nature of the activities to be carried on.
A statement containing the type, number and location of any radio device, sound amplifier, loudspeaker, soundtrack or other similar sound equipment.
A statement specifying whether any outdoor lights or signs are to be utilized and, if so, a map showing the number, location, size, type and illuminating power of such lights and signs.
A statement specifying the facilities to be available for emergency treatment for any person who might require immediate medical attention.
Each application shall be further accompanied by such additional plans, reports, specifications and other material as may be required by the Township respecting the proposed provisions for adequate parking, adequate traffic control, adequate crowd control, adequate sanitation facilities, adequate medical and first aid facilities, adequate potable water supply, adequate fire protection, adequate drainage, adequate food services and adequate refuse, storage and disposal facilities and adequate plans for cleanup.
Each applicant shall submit a plan or drawing showing the method and manner in which:
Sanitation facilities are to be provided for the disposal of human wastes.
Water is to be supplied, stored and distributed to those persons attending.
The layout of any parking area for motor vehicles, including the means of egress and ingress to such parking areas, with such plan to reflect the best and safest means of traffic control and safety for persons attending and the general public.
Each applicant shall submit a statement specifying whether food or beverage is intended to be prepared, sold and distributed. If food or beverages are intended to be prepared, sold or distributed, each applicant shall submit a statement specifying the manner of preparation and distribution of such and the method of disposal of garbage, trash, rubbish or any other refuse arising therefrom and a copy of the food handler's license issued by the Chester County Health Department.
Each applicant for permit shall submit proof of an adequate commercial general liability insurance policy, issued by a reputable insurance company, insuring the Township, its elected and appointed officials, officers, employees, contractors and agents from liability to persons or property with limits of not less than $1,000,000 and naming the Township, its officers and employees as additional insured parties. Such policies shall not be cancelable by the insurer without 10 days' prior written notice to the Township.
The individual or organization sponsoring or holding the public gathering shall be responsible to the Township for damage caused to Township property by the participants of the gathering. Likewise, the individual or organization sponsoring or holding the public gathering shall indemnify the Township and hold the Township, its elected and appointed officials, officers, employees, contractors and agents harmless from any liability to third persons as a result of property damage or personal injury or death caused or attributable to the public gathering.
The individual or organization sponsoring or holding the public gathering shall be responsible to the Township for the additional costs and expenses incurred by the Township for providing police protection, fire protection, public works and/or cleaning or maintenance services for the public gathering.
A separate permit is required for each such event.
The Township, may upon a showing of good cause that certain conditions or requirements as hereinbefore set forth are not applicable or would cause an unreasonable burden upon the applicant, modify the foregoing requirements after review of the circumstances presented by the applicant. Likewise, the Township may require additional conditions not hereinbefore mentioned as may be necessary to maintain peace and order or to protect the health, safety and general welfare of the citizens of the Township or any neighboring properties.
Upon review of the application and all of the information required to be presented with the application, the Township may issue a permit to the applicant upon payment of the appropriate fee as established by resolution of the Board.
Upon the grant of a permit to hold a public gathering, the person or organization holding the public gathering shall comply with the following provisions and shall advise each participant of the public gathering of such provisions, the violation of which shall be unlawful:
The person or organization holding the public gathering shall arrange for the necessary police protection to assure the safety of the participants of the public gathering and the safety and security of neighboring properties and the citizens of the Township. The person or organization holding the public gathering shall be responsible for reimbursing the Township for the additional expenses attributed to providing police protection and security.
The person or organization holding the public gathering shall make arrangements with the Township Public Works Department to assure proper and adequate sanitation facilities, refuse containers and disposal facilities and shall reimburse the Township for all additional services provided by the Township as a result of the public gathering. Adequate plans for cleanup of any public property, including the streets, shall be made with the Public Works Department, and such Township property shall be clean and free of debris within 24 hours of the end of the public gathering. The person or organization holding the public gathering shall be responsible for the expenses of the Township's Public Works Department for services rendered to clean up Township property and Township streets as a result of the public gathering.
The person or organization holding the public gathering shall make arrangements with the Director of Building and Life Safety and the Fire Chief for necessary traffic controls and shall reimburse the Township for all additional services provided by the Township or the Fire Police as a result of the public gathering.
No public gathering authorized pursuant to the provisions of this chapter shall be held or conducted between the hours of 10:00 p.m. and 7:00 a.m.
No public gathering shall extend for a period in excess of two consecutive days without written approval by the Board of Commissioners.
All vehicular parking shall be located on property which is contiguous to the activity sponsored by the applicant unless another suitable arrangement for parking is approved by the Township.
No light on any part of the premises used for the public gathering shall be permitted to shine beyond the property line or premises with an intensity sufficient to disturb the peace, health, safety or comfort of any adjacent residents or the general public. All exterior lights on the property shall be so situated or equipped with shielding devices that no unreasonable glow shall shine beyond the property line of the public gathering.
No soot, cinders, smoke, or gaseous or disagreeable or obnoxious odors shall be permitted to emanate from the premises so as to be detrimental to the public or which either annoys, disturbs, injures or endangers the health, safety and welfare of the public.
The participants of the public gathering shall not engage in any illegal activities or engage in any conduct which violates the ordinances, statutes, laws or enactments of the Township or of the Commonwealth of Pennsylvania.
At no time shall music be played by mechanical devices or live performance which annoys, disturbs, endangers or might annoy, disturb or endanger the public's health, comfort, safety, repose and peace.
No loud, unnecessary or unusual, abusive or profane language shall be permitted at any time which either annoys, disturbs, injures or endangers the comfort, repose, health, peace and safety of the public.
If the Township shall deny an application for a permit under this chapter, it shall notify the applicant, in writing, of the denial and the reasons for such denial.
Any violation of any one or more of the regulations and conditions set forth above shall be sufficient grounds for the Township to immediately revoke the permit and order the individual or organization holding the public gathering to cease and desist its activities.
The fees for permits issued pursuant to this chapter, which shall be paid at the time of the issuance of the permit, shall be established by resolution of the Board of Commissioners as may be amended from time to time.
Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $50 for the first offenses, not less than $100 for the second offense and subsequent offenses and not more than $1,000 plus the costs of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the Chester County prison for a period of not more than 30 days. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice in the amounts stated hereinabove.
In addition to the above-provided penalties, the Township may maintain any action or proceeding in the name of the Township in any court of competent jurisdiction, whether at law or in equity, to compel compliance with the terms of this chapter.