[Ord. No. 550, 11/10/2020]
1.
This chapter and Part shall be known as and may be cited as the "Large
Public Assembly Ordinance of the Borough of Rankin."
2.
The purpose of the permit system for large public assemblies is not
to exclude communication of any particular content but to coordinate
multiple uses of limited space to assure preservation of the street,
park and public facilities and to prevent uses that are dangerous,
unlawful or impermissible and to assure financial accountability for
damages caused by any event.
[Ord. No. 550, 11/10/2020]
As used in this Part, the following terms shall have the meanings
indicated:
The Borough of Rankin, Allegheny County, Pennsylvania.
All assemblies of people, wholly or partially located within
the Borough of Rankin, for the purpose of public amusement or entertainment,
reasonably anticipated to number more than 999 for a continuous period
of two hours or more, more than 10% of whom will assemble outdoors
or in structures specially constructed, erected, assembled or modified
for the gathering, whether or not an admission fee is charged.
An agent, occupant, lessee, contract purchaser or person
other than the owner having possession or control of the property
on which a large public gathering is to occur.
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 large public gathering.
[Ord. No. 550, 11/10/2020]
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 large public gathering, unless a permit
has been obtained pursuant to this Part. A separate permit shall be
required for each large public gathering for the period of time designated
by the permit.
2.
No large public gathering may be held wholly or partially within
the boundaries of the Borough of Rankin unless the sponsor, the owner
of the property, and the person in charge of the 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 a period 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 may be transferred or assigned.
D.
In case of dispute over the number of people reasonably anticipated
to attend the public gathering, the estimate of Borough Council President
based upon information supplied to him or her shall control.
[Ord. No. 550, 11/10/2020]
1.
Written application for each public gathering shall be made to the
Borough according to the following schedule:
A.
A public gathering numbering 1,000 to 2,000 persons: 20 days prior
to the first day upon which the large public gathering is to commence.
B.
A public gathering numbering 2,001 to 3,500 persons: 30 days prior
to the first day upon which the large public gathering is to commence.
C.
A public gathering numbering 3,501 to 5,000 persons: 45 days prior
to the first day upon which the large public gathering is to commence.
D.
A public gathering numbering over 5,000 persons: 60 days prior to
the first day upon which the large public gathering is to commence.
2.
Application shall be made on forms specified by the Borough 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 large 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 large
public gathering.
E.
The program or schedule of events for the large public gathering,
or, if no program is prepared, a narrative statement as to the purpose,
date or dates for or during which the large public gathering is to
be conducted.
F.
A diagrammatic sketch plan of the proposed site of the large public
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 dedicated security personnel 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 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.
Applicant's statement that they shall abide by the terms and
provisions of this Part, and all laws, rules and regulations of the
Commonwealth of Pennsylvania, County of Allegheny and Borough of Rankin.
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 Borough Council. No part of the permit fee is refundable.
4.
The Borough Council, or its designee, after consultation with the
Rankin Police Chief, shall either grant or deny the application for
permit according to the following schedule:
A.
A gathering numbering 1,000 to 2,000 persons: five days prior to
the first day upon which the public gathering is to commence.
B.
A gathering numbering 2,001 to 3,500 persons: 10 days prior to the
first day upon which the public gathering is to commence.
C.
A gathering numbering 3,501 to 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. No. 550, 11/10/2020]
1.
The applicant shall submit with their application financial security,
in a form acceptable to the Borough Solicitor, and in an amount not
less than $5,000,000. The financial security must save and protect
Borough streets, pavements, bridges, road signs and other Borough
property from any and all damage that might be caused by vehicles,
employees, or participants in the large public gathering, and to be
used, if necessary, to restore the premises where such large public
gathering is held to a sanitary and neat condition and pay all charges
and losses to the Borough for damages to the streets, pavement, bridges
and all other Borough property.
2.
Should the permitted large public gathering necessitate that the
Borough deploy or employ additional personnel as a direct result of
the large public gathering, such special detail expense shall be recovered
from the principals and/or their indemnitor at the Borough's
police special detail rate in effect at that time. Any cash deposit
or its balance provided as financial security will be returned to
the applicants upon final audit of the Borough as to what damages
or public gathering related expenses, if any, occurred and what deployment
and/or employment of personnel by the Borough, if any, was necessitated.
3.
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 Borough property,
to meet costs of the Borough for deploying or employing personnel
directly attributable to the conduct of the large public gathering,
and to ensure that the property will be restored to a sanitary condition.
[Ord. No. 550, 11/10/2020]
1.
No permit shall be issued by the Borough Council, or its designee,
unless all of the conditions recited herein have been satisfactorily
concluded according to the following schedule:
A.
A public gathering numbering 1,000 to 2,000 persons: a permit application
must be filed at least 20 days prior to the first day upon which the
large public gathering is to commence.
B.
A public gathering numbering 2,001 to 3,500 persons: a permit application
must be filed at least 25 days prior to the first day upon which the
large public gathering is to commence.
C.
A public gathering numbering 3,501 to 5,000 persons: a permit application
must be filed at least 30 days prior to the first day upon which the
large public gathering is to commence.
D.
A public gathering numbering over 5,000 persons: a permit application
must be filed at least 40 days prior to the first day upon which the
large public gathering is to commence.
2.
Sanitary Facilities. Written approval of the Pennsylvania Department
of Health and the Pennsylvania Department of Environmental Protection,
indicating that the 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 Chief of the Rankin Borough
Police Department, or his or her designee, confirming 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 adequately trained and uniformed traffic control
person for every 50 motor vehicles reasonably anticipated to be at
the location and one adequately trained and uniformed crowd control
person 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 to approval of the Borough.
4.
Medical Services. Written approval by the Pennsylvania Department
of Health or its designee and the Fire Chief of the Fire Department
providing primary fire response coverage to Rankin Borough that all
requirements for providing emergency medical services for crowds or
gatherings of the size contemplated as provided by state law, regulation
or rule and the Fire Chief's discretion.
5.
Parking Facilities. Proof that parking is available within or adjacent
to the premises upon which the large 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 large 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 large public
gathering.
C.
Parking facilities and spaces in residential areas shall not be considered
as available parking for persons attending the large public gathering.
Sufficient parking facilities other than residential parking areas
must be shown to exist to accommodate vehicles of persons attending
the public gathering in order to protect the residential parking needs
of Borough residents.
[Ord. No. 550, 11/10/2020]
All facilities, including stage, to be specially assembled,
constructed, or erected for the large public gathering must be in
place at least 24 hours before the commencement of the large public
gathering and be approved by the Borough Code Official/Building Inspector.
[Ord. No. 550, 11/10/2020]
1.
No permittee, or persons having control of the large 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 large public gathering
is upon the permittees of the large public gathering. Any violation
of the laws of the Commonwealth of Pennsylvania, or its rules or regulations,
or any of the terms and conditions of this Part, or other codes or
ordinances of Allegheny County or of Rankin Borough or the permit
granted hereunder may be cause for immediate revocation of the permit
by the Rankin Borough Council upon notification to the person in charge
that a violation exists and failure of the person in charge to take
immediate and successful action to correct the violation. Upon revocation
of any permit, the permitees of the large public gathering shall immediately
terminate the assembly and provide for the orderly dispersal of those
in attendance.
3.
The Borough's authorized officials, designees, agents and representatives,
and the representatives of the County and Borough departments having
responsibility for approval under this Part shall be granted access
to the large 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 1,000 feet from any school house, church, selling 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.,
unless the Borough Council determines that the sponsor has taken reasonable
precautions to protect the public health, safety and welfare.
5.
If at any time during the large 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
Borough Council, the Pennsylvania Department of Health, the Pennsylvania
Department of Environmental Protection, or the Pennsylvania State
Police have the authority to require the applicant to limit further
admission.
6.
Any applicant with more than a 10% proprietary interest, if any,
in the large 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 large public gathering
and shall be responsible for ensuring that no person shall be allowed
to remain on the premises who is violating any state, county or Borough
laws, rules or regulations or any provision of this Part.
7.
Large 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 Borough Code Official/Building Inspector, or his duly appointed
representative, 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 Borough official authorized to conduct the inspection
in regard to conformance with this Part and other Rankin Borough Code
provisions and ordinances, and the opinion of such Borough official
in regard to the suitability of the site for the proposed use. After
such inspection, if the Borough 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. No. 550, 11/10/2020]
1.
Any person, firm, corporation or other entity who violates a provision
of this Part, or who fails to comply therewith, or with any of the
requirements thereof, shall be, upon conviction thereof, sentenced
to pay a fine of not less than $500 nor more than $1,000 for each
violation, plus costs, and, in default of payment of said fine and
costs, to imprisonment to the extent permitted by law for the punishment
of summary offenses.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated.
3.
The Borough may also commence appropriate actions in equity, at law
or take such other legal action available to prevent, restrain, correct,
enjoin, or abate violations of this Part.
[Ord. No. 550, 11/10/2020]
If any section, subsection, paragraph, sentence, clause or phrase
of this Part or any part thereof, is or for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such court decision, holding or ruling shall not affect
the validity or effectiveness of the remaining portions of this Part.
