[HISTORY: Adopted by the Board of Supervisors of the Township of North Franklin 5-13-2014 by Ord. No. 1-2014. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "North Franklin Township Public Gathering and Protest Ordinance."
A. 
North Franklin Township has been and will likely in the future be requested to permit the gathering of substantial numbers of people for the purposes of public entertainment, protest, amusement and/or recreation of various designations, whether such gatherings be held on private property or property dedicated to general public assemblage; and
B. 
The Board of Supervisors has studied and determined that an ordinance which prescribes the procedure and rules and regulations for conducting public gatherings is necessary to protect the health, safety and welfare of the citizens of Township, County, Pennsylvania, and desires to adopt an ordinance to accomplish these objectives.
As used in this chapter, unless the context requires otherwise:
PERSON IN CHARGE OF PROPERTY
An agent and his principal, occupant, lessee, contract purchaser, or person other than the owner, having possession or control of property in the Township.
PROTEST
All assemblies of people gathered for the purpose of a demonstration or other similar action to express a belief in regards to a person, place or thing, that occurs on public property; and/or any assembly that is likely to require Township resources above and beyond the general scope provided every day, regardless of the number of persons or the duration of said protest involved.
PUBLIC GATHERING
All assemblies of people gathered for the purpose of public entertainment, amusement or recreation, reasonably anticipated to number more than 50 for a continuous period of 45 minutes or more, more than 25% of whom will assemble outdoors.
SPONSOR
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.
A. 
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 or protest, unless a permit has been obtained pursuant to this chapter. A separate permit shall be required for each public gathering or protest for the period of time designated by the permit.
B. 
No public gathering or protest may be held within the boundaries of North Franklin Township unless the sponsor, the owner of property, and the person in charge of said property jointly apply for and are granted a permit as herein provided:
(1) 
No permit shall be granted for a public gathering of more than 48 hours duration, unless the application specifically requests, and the permit specifically allows, an extension of that period.
(2) 
No applicant shall be under 18 years of age.
(3) 
No permit may be transferred or assigned.
(4) 
In case of dispute over the number of people reasonably anticipated to attend the public gathering, the decision of the Board of Supervisors of the Township shall control, based on all facts available and brought to its attention by whatever source.
A. 
Written application for each public gathering or protest shall be made to the Board of Supervisors of the Township according to the following schedule:
(1) 
For gatherings numbering 50 to 99 persons, written application must be made 48 hours prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the public gathering is to commence, whichever occurs first.
(2) 
For gatherings numbering 100 to 299 persons, written application must be made seven days prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the public gathering is to commence, whichever occurs first.
(3) 
For gatherings numbering 300 to 999 persons, written application must be made 15 days prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the public gathering is to commence, whichever occurs first.
(4) 
For gatherings numbering 1,000 or more persons, written application must be made 30 days prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the public gathering is to commence, whichever occurs first.
(5) 
For all protests, regardless of the numbering of persons anticipated, written application must be made 15 days prior to the first day upon which the protest is to commence.
B. 
Applications shall be made on forms specified by the Board of Supervisors or its designated agent and shall contain at least the following information:
(1) 
The full legal names, addresses and telephone numbers of all sponsors.
(2) 
The full legal name and address of the owner and person in charge of the property to be utilized for the public gathering or protest.
(3) 
The program for the public gathering, or a brief narrative statement as to the purpose for which the public gathering or protest is to be conducted.
(4) 
Evidence that all permits and licenses as required by state and county statutes, ordinances and regulations enacted thereunder have been obtained, or will be obtained, if applicable.
(5) 
A statement of the number of persons expected to attend such event and the duration of such event.
C. 
If deemed necessary by the Township, specific information and details relating to:
(1) 
Food and drink facilities and providers thereof.
(2) 
Sanitary and waste disposal facilities and providers thereof.
(3) 
Transportation and parking facilities.
(4) 
Security and protection of surrounding areas, including specific reference to the number of security personnel assisting in the control of traffic and supervision of those attending, and providers thereof.
(5) 
On-site medical facilities and providers thereof.
(6) 
Janitorial services and post-gathering trash removal and site restoration and providers thereof.
(7) 
Lighting and other utility services.
(8) 
Certificates of insurance issued by an insurance company licensed to do business in Pennsylvania, evidencing comprehensive general liability, or special event public liability, in an amount of at least $1,000,000 for personal injury and $100,000 for property damage, which policies shall name the Township as additional named insured.
(9) 
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 2,000 persons.
(10) 
Applicants' statement that they shall abide by the terms and provisions of this chapter, and all laws, rules and regulations of the United States, Commonwealth of Pennsylvania, County of Washington and Township of North Franklin.
D. 
Fees.
(1) 
Each application shall be accompanied with a cash fee to cover the cost of inspection, investigation, issuance, and administration of the permit in the following amounts:
Persons Reasonably Anticipated
Fee
50 to 99
Free
100 to 299
$50
300 to 499
$100
500 to 999
$200
1,000 to 5,000
$250
5,000+
$500
Any protest
$100
(2) 
No part of the permit fee is refundable and the fees listed are initial fees which may be amended from time to time by resolution of the Township.
E. 
The Board of Supervisors, or its agent, shall either grant or deny the application for permit upon review and at its discretion.
F. 
Exempt parties. Permit and application fees may be waived by the Township as deemed necessary on a case-by-case basis. Events held and sponsored by Washington and Jefferson College, Trinity School District, the Washington Wild Things and the Washington Crown Mall are to be dealt with and approved in a manner consistent with the normal course of business between the Township and these entities, unless otherwise determined. A public gathering held on or around school district property, but not by the school district, is not considered an exempt party unless determined by the Board of Supervisors.
As an additional condition to the issuance of a permit for a public gathering or protest as defined herein, the Township may require, at its discretion after consideration of the application submitted, that the applicant submit a bond, with licensed commercial surety, letter of credit or cash as a security deposit in an amount to be determined by the Township Solicitor or his agent to save and protect and indemnify the Township from any loss or expense sustained as a result of 1) loss and damage to Township streets, pavements, bridges, road signs, and all other Township property caused by persons sponsoring, working at, or attending and participating in the public gathering and any vehicles or other instrumentalities in their control; 2) failure of the persons to whom a permit was issued to perform their obligations under the permit granted by the Township, including, but not limited to, such things as restoring the premises where the public gathering was held to a sanitary condition, or providing necessary security or traffic control; and 3) any other additional costs incurred by the Township and its agents prior to, during and after the public gathering or protest.
Persons Reasonably Anticipated
Cash Deposit or Bond Amount*
300 to 500
$1,000
501 to 2,000
$2,000
2,001 to 3,500
$3,000
3,501 to 5,000
$5,000
5,001 to 10,000
$10,000
over 10,000
$25,000
*
The Township reserves the right to determine the exact amount of Bond required based not only on number of persons anticipated but any and all factors that may have a bearing on the potential costs incurred by the Township. These figures are merely a guideline for prospective applicants.
A. 
The public gathering or protest permittees must maintain the sanitary and sewage facilities, parking facilities, security and traffic control personnel and medical service facilities, and other facilities and utilities provided in accordance with the plans submitted and approved, and in a safe and healthful manner.
B. 
No permittee, or persons having control of the public gathering or protest, shall condone any illegal conduct on the premises, including, but not limited to, disorderly conduct or illegal possession, sale, or use of intoxicating beverages or drugs.
C. 
The burden of preserving order during the public gathering or protest is upon the permittees of the public gathering or protest. Any violations of the laws of the Commonwealth of Pennsylvania, or its rules and regulations, or of the terms and conditions of this chapter, or other ordinances of the county or of the Township, or of the conditions of the permit granted hereunder may be cause for immediate revocation of the permit by the Board of Supervisors of Township or by the Pennsylvania Department of Environmental Protection or by the Pennsylvania State Police, 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.
D. 
The Board of Supervisors of the Township, its authorized agents and representatives shall be granted access to the public gathering/protest at all times for the purpose of inspection and enforcement of the terms and conditions imposed herein.
E. 
No programmed entertainment, amusement or recreation or use of sound amplification equipment shall be provided or permitted to violate the Township's ordinances regulating noise, lighting, etc., or shall be operated in a location which is fewer than 300 feet from any school, church, or place or institution of human habitation, and, if on a public road, must be done in a manner so as to not disrupt the regular flow of traffic.
F. 
At the conclusion of the program, the permittees shall terminate the assembly or gathering and shall supervise the orderly dispersal of those in attendance. No one shall be permitted to remain overnight on the licensed premises, except permanent residents, unless overnight camping or other facilities were approved by the Township pursuant to the application process and this chapter.
Any person who initiates, organizes, promotes, permits, conducts or causes to be advertised a public gathering/protest without obtaining the permit provided in this chapter, or who knowingly conducts, permits or allows a public gathering/protest with a permit but in violation of the terms and provisions of this chapter and of the permit granted, or who shall counsel, aid or abet such violation or failure to comply, upon conviction thereof by any Magisterial District Judge, shall be subject to a fine of not more than $500, together with costs. In default of the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding 30 days.
The provisions of this chapter shall be severable, and, if any provisions hereof shall be held to be unconstitutional, invalid or illegal by any court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as a legislative intent that this chapter would have been enacted had such unconstitutional, invalid or illegal provisions not been included herein.
This chapter is enacted under the authority of the Second Class Township Code for the Commonwealth of Pennsylvania.[1] Any previous ordinance or resolution inconsistent with this chapter is repealed. However, this chapter shall in no way be a substitute for, nor eliminate the necessity of, complying with any and all federal and state laws, rules and regulations, county and Township ordinances which are now, or may be in the future, in effect which pertain to the conduct of public gatherings.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
This chapter shall become effective five days after enactment.