[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:
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.
A.
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.
B.
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:
(1)
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.
(2)
The exact location of the public gathering.
(3)
The name and address of the owner or owners of the property or properties
where the public gathering will occur.
(4)
The date or dates and hours of the proposed public gathering.
(5)
The expected number of people in attendance.
(6)
The expected number of vehicles intended to use the property or properties
at one time and collectively.
(7)
The purpose of the public gathering, including the nature of the
activities to be carried on.
(8)
A statement containing the type, number and location of any radio
device, sound amplifier, loudspeaker, soundtrack or other similar
sound equipment.
(9)
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.
(10)
A statement specifying the facilities to be available for emergency
treatment for any person who might require immediate medical attention.
A.
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.
B.
Each applicant shall submit a plan or drawing showing the method
and manner in which:
(1)
Sanitation facilities are to be provided for the disposal of human
wastes.
(2)
Water is to be supplied, stored and distributed to those persons
attending.
(3)
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
A separate permit is required for each such event.
H.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
No public gathering shall extend for a period in excess of two consecutive
days without written approval by the Board of Commissioners.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
A.
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.
B.
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.
