[Ord. No. 2019-559, 9/11/2019]
This Part shall be known and may be cited as the "Red Hill Borough
Special Events Ordinance."
[Ord. No. 2019-559, 9/11/2019]
As used in this Part, the following terms shall have the meanings
indicated:
Any person or hosting organization seeking a special event
permit from Borough Council in order to conduct or host an event governed
by this Part. This term shall include, in the case of an organization
applying for a special event permit, an individual designated by such
organization as the responsible contact person.
Any person or hosting organization to whom a special event
permit is issued by the Borough upon approval by Borough Council.
A municipally sponsored or sanctioned parade, athletic event,
street fair, arts and crafts show, carnival, community festival, movie
night, car show, beer garden or exhibition, which may include food
trucks, amusements and rides, or other public or private organized
gathering lasting less than three days, which takes place on Borough-owned
property and/or the public rights-of-way and may obstruct, delay or
interfere with the normal flow of pedestrian or vehicular traffic.
A permit approved by Borough Council and issued by the Borough
as required by this Part for the conduct of a special event.
[Ord. No. 2019-559, 9/11/2019]
Any person or organization seeking to conduct or host a special
event on Borough-owned property and/or the public rights-of-way in
Red Hill Borough shall first obtain a special event permit from Borough
Council.
A special event permit shall not be required for the following:
A.
Any activity held solely on private property that does not require
for its successful execution the provision and coordination of Borough
services to a degree equal to and/or over and above that which the
Borough routinely provides.
[Ord. No. 2019-559, 9/11/2019]
No permit shall be issued authorizing the conduct of a special
event intended to be held for the sole purpose of advertising any
products, goods, wares, merchandise or event, or designed to be purely
for private profit.
[Ord. No. 2019-559, 9/11/2019]
A.
Application Required. Any person or organization intending to conduct
or host a special event shall apply to the Borough for a special event
permit at least 90 days in advance of the date of the proposed event,
which ninety-day period may be waived by Borough Council in its sole
discretion.
B.
Information to Be Provided. The application for a special event permit
shall be made in writing on a form provided by the Borough. The application
submitted by the applicant shall contain the following information:
(1)
The name, address and telephone number of the applicant, the
hosting person or organization, and the contact person for the event.
(2)
The nature and/or purpose of the event, the proposed date(s)
and location, and the proposed starting and ending times.
(3)
A description of the individual groups, vendors and/or units
that will be participating in the event and a description of any musical
entertainment or sound amplification equipment to be used.
(4)
The estimated number of participants or spectators.
(5)
The type and estimated number of vehicles, food trucks and structures
that will be used at the event and whether water aid stations or first
aid stations will be provided.
(6)
The provisions made for sanitary facilities for persons participating
in or attending the event and a contamination and end-of-event clean-up
plan that complies with the Borough's Municipal Separate Storm Sewer
System requirements.
(7)
The provisions made for trash disposal and recycling at the
event.
(8)
The type, quantity and location(s) of exterior lighting to be
provided at the event and the hours of operation.
(9)
Whether any games, rides or amusements will be provided at the
event and, if so, a complete description of the types and quantities
of games, rides and amusements to be provided.
(10)
Whether food, beverages or alcoholic beverages will be sold
at the event and, if so, documentation evidencing that the applicant
has obtained all appropriate licenses and approvals from the Montgomery
County Department of Health and the Pennsylvania Liquor Control Board.
(11)
Parking and traffic control needs for the event.
(12)
Whether any public roads will need to be closed during the event
and, if so, identification of the streets and sidewalks or portions
thereof to be affected and the required hours of closure.
(13)
Any additional information deemed reasonably necessary by Borough
Council to determine whether a special event permit shall be issued.
C.
Additional Documentation Required. The following additional documentation
shall be provided to the Borough prior to the issuance of a special
event permit:
(1)
Certificates of Insurance. Certificates of insurance evidencing
the insurance coverages described below shall be provided to the Borough
by the permittee and/or individual vendors to the extent not covered
by the permittee's coverage.
(a)
Certificates of insurance from the permittee, with all required
endorsements, evidencing the insurance coverages and minimum limits
identified below; provided, however, the Borough may, in its sole
discretion require the permittee obtain higher insurance limits if
the Borough deems it necessary based upon the activity or activities
planned as part of the event:
(i)
Comprehensive commercial general liability insurance in the
minimum amount of $1,000,000 combined single limit for each occurrence
of bodily injury and property damage.
(ii)
An umbrella or excess liability insurance policy
with minimum limits of $3,000,000 per occurrence and $3,000,000 in
the aggregate in excess of primary general liability insurance.
(iii)
If vendors will be selling crafts or other non-food
products at the event, the permittee's liability policy shall extend
to all artisans and other non-food vendors unless the individual vendors
furnish evidence of their own comprehensive commercial general liability
insurance coverage.
(iv)
If food or nonalcoholic beverages are to be sold
or served by the permittee, an endorsement or rider to the comprehensive
commercial general liability insurance policy for products liability
in an amount not less than $1,000,000; and
(v)
If alcoholic beverages are to be sold or served by the permittee,
an endorsement or rider to the comprehensive commercial general liability
insurance policy for "liquor liability" and "social host liquor liability"
coverage in an amount not less than $1,000,000.
(b)
Unless the liability insurance coverage provided by the permittee
extends to individual artisans and other non-food vendors participating
in the event, a certificate of insurance from each artisan and other
non-food vendor participating in the event, evidencing comprehensive
commercial general liability insurance coverage, including products
liability coverage, in the minimum amount of $1,000,000 combined single
limit for each occurrence of bodily injury and property damage.
(c)
A certificate of insurance from each vendor selling or serving
food or nonalcoholic beverages at the event evidencing comprehensive
commercial general liability insurance coverage in the minimum amount
of $1,000,000 combined single limit for each occurrence of bodily
injury and property damage.
(d)
A certificate of insurance from each vendor selling or serving
alcoholic beverages at the event evidencing comprehensive commercial
general liability insurance coverage, including "liquor liability"
and "social host liquor liability" coverage, in an amount not less
than $1,000,000.
(e)
A certificate of insurance from each vendor or participant providing
rides, moon bounces or similar amusements at the event evidencing
comprehensive commercial general liability insurance in the minimum
amount of $1,000,000 combined single limit for each occurrence of
bodily injury and property damage, and an umbrella or excess liability
insurance policy with minimum limits of $3,000,000 per occurrence
and $3,000,000 in the aggregate in excess of primary general liability
insurance.
(f)
All policies of insurance shall name Red Hill Borough and its
elected and appointed officials, officers, employees and agents as
additional insureds and shall be secured from companies licensed to
do business in the Commonwealth of Pennsylvania. All policies of insurance
shall remain in effect during the duration of the event and shall
specify that they may not be canceled or modified without providing
prior written notice to the Borough. All insurance coverage shall
be primary and not subject to contribution and shall contain a waiver
of subrogation in favor of the Borough acceptable to the Borough Solicitor.
All certificates of insurance shall be filed with the Borough not
less than 10 days prior to the scheduled start of the event.
(2)
A license agreement in form and substance satisfactory to the
Borough upon advice of the Borough Solicitor, signed by the permittee
and filed with the Borough not less than 10 days prior to the scheduled
start of the event, pursuant to which:
(a)
The permittee agrees to comply with all terms and conditions
required by Borough Council pertaining to the license granted to the
applicant to use Borough-owned property and/or public rights-of-way
for conducting the event; and
(b)
The permittee agrees to reimburse the Borough for any costs
incurred in repairing damage to Borough property occurring in connection
with the permitted event; and
(c)
The permittee agrees to defend and indemnify the Borough against
and hold the Borough harmless from any liability to any persons resulting
from any damage or injury occurring in connection with the permitted
event; and
(d)
The permittee agrees to reimburse the Borough for all costs
and expenses incurred by the Borough in providing Borough services
during the permitted event or otherwise relating to the permitted
event immediately upon receipt of an invoice therefor.
(3)
An escrow deposit in the amount of $500 to cover damage and
clean-up costs relating to the event.
(4)
Copies of all appropriate licenses and approvals issued to the
permittee and to participating food and beverage vendors from the
Montgomery County Department of Health and/or the Pennsylvania Liquor
Control Board.
D.
Food Vendor Applications and Inspections. The Borough Fire Marshal
shall perform an inspection of each food truck participating in a
special event prior to the scheduled start of the event. An application
shall be submitted to the Borough by each food vendor seeking to participate
in a special event and an inspection fee of $25, as modified from
time to time by resolution of Borough Council, shall be paid to the
Borough not less than 14 days prior to the scheduled event for each
food truck inspection conducted by the Borough Fire Marshal; provided,
however, the Borough may waive the fourteen-day deadline for cause.
The inspection shall be a condition of approving the special event
permit application submitted by a food vendor. An inspection report
shall be issued for each food truck that passes inspection and shall
be attached to the special event permit prior to the commencement
of the event. Only food trucks that pass inspection as reflected on
the inspection reports attached to the special event permit shall
be permitted to participate in the event. The inspection report shall
expire at the conclusion of the special event.
[Ord. No. 2019-559, 9/11/2019]
Borough Council shall approve or deny all applications for a
special event permit with such modifications or conditions as it deems
appropriate, including compliance by the applicant with all requirements
of this Part, not less than 15 days prior to the scheduled date of
the special event as shown on the application. The decision of Borough
Council shall be final. Any restrictions relating to the conduct of
the event shall be indicated in the special event permit issued by
the Borough.
[Ord. No. 2019-559, 9/11/2019]
The permittee and all vendors participating in a special event
shall comply with (a) all laws, ordinances, notices, orders, rules,
regulations and requirements relating to the use of the property on
which the event is to be held or conducted, and (b) the terms and
conditions of all permits and approvals issued relating to the event.
[Ord. No. 2019-559, 9/11/2019]
Any special event permit issued pursuant to this Part may be
summarily revoked by Borough Council or its designee either prior
to or during a special event if Borough Council or such designee determines:
(a)
The application for the special event permit was fraudulent; or
(b)
The special event fails to meet the conditions set by Borough Council in approving the permit or the permittee fails to comply with the requirements of this Part or the terms and conditions of the license agreement required by § 13-505; or
(c)
The special event adversely affects the health, safety or welfare
of the community or participants are in violation of any statute,
ordinance, rule, regulation or requirement.
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If the permit is revoked, the permittee and participants must
cease operations immediately and the special event shall end or not
take place.
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[Ord. No. 2019-559, 9/11/2019]
A.
Any person conducting or sponsoring a special event without first
providing the necessary fees required by this Part shall be billed
for the actual costs incurred by Red Hill Borough for Borough services
including, but not limited to, police, fire, trash removal and cleanup
services. Failure to pay such costs within 30 days of being billed
by the Borough for such services shall result in the imposition of
a 10% penalty and interest at the rate of 1.5% per month until said
costs are paid in full.
B.
Any person or entity violating any provision of this Part shall be
guilty of a summary offense, and upon conviction thereof in a summary
proceeding, shall be sentenced to pay a fine of not less than $300
not more than $1,000 for each offense. Such fines or penalties shall
be collected as like fines or penalties are by law collected. Borough
Council shall have the right to withhold future permit approval to
the permittee until all fines and penalties are paid in full.
