[HISTORY: Adopted by the Board of Supervisors of East Caln
Township 1-19-2022 by Ord. No. 2022-04. Amendments noted where applicable.]
This chapter shall be titled "Special Events."
This chapter is enacted to plan for private gatherings and organized
activities which, due to their size and/or special requirements, place
additional demands on Township support services or pose a potential
danger to public health, safety and welfare. Therefore, these events
necessitate that the Township receive advance notice of the events
and be compensated for services required for the events, which go
beyond usual Township operations.
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meaning herein indicated.
Words in the singular include the plural and those in the plural include
the singular.
Any public event officially sponsored or organized by the
Township.
The legal owner of land on which the special event is to
take place.
An individual, corporation, partnership, association, firm,
or any other similar entity.
Any preplanned public or private single event or series of
events that, because of its nature, interest, location, promotion,
or any combination of similar influences, (1) is anticipated to have
in excess of 50 persons in attendance; (2) is proposed to be held
on public property or on private property but impacting public property,
roadways, or parking on public roadways; or (3) requires the use of
support services. Special events shall include, but are not limited
to, races, parades, carnivals, festivals, shows, concerts, galas,
fundraisers, neighborhood celebrations or block parties, public events
which are privately sponsored but open to the public, or activities
of a similar nature. The term shall not include normal operations,
activities, or affairs of any duly established recreational, religious,
or educational organization or institution located within the Township
or a lawfully existing event venue approved by the Township, a private
event on private residential property whose estimated total attendance
of all persons is anticipated to not exceed 75 people and will have
no parking on a public roadway, or any community event.
The person responsible for organizing, hosting, or paying
for the special event.
Those services provided by the Township or the Township's
designated emergency services provider, to ensure that a special event
is conducted to protect the rights, safety, health, property, and
general welfare of its citizens. These services include, but are not
limited to, fire protection, ambulance services, police protection,
crowd management and control, traffic and parking management, and
solid waste management.
The Township of East Caln.
The Township Manager of East Caln or their designee.
No person, sponsor, or landowner shall conduct any special event
in the Township without first obtaining a permit from the Township.
A.
Township approval to conduct a special event does not relieve the
sponsor, landowner, or any participants from the responsibilities
of applying for any other permits or licenses, complying with federal
or state law, or meeting any other requirements of the Township's
applicable ordinances.
B.
The sponsor shall obtain liability insurance for the special event
with minimum coverages and amounts as may be determined by the Township.
The insurance shall name the Township, its officials, employees, agents
and designated emergency providers as additional insureds. The sponsor
shall submit a certificate of insurance (evidencing the minimum coverages
and amounts) to the Township at least 10 days in advance of the special
event.
C.
All required permits, licenses, support services security deposits,
fees, insurance certificates, or any other conditions of the permit
so indicated on the permit shall be obtained and provided to the Township
no later than 10 days prior to the special event.
D.
The sponsor and the landowner shall be jointly and severally liable
to the Township for any cost, expense, or damage sustained to the
Township caused by participants during the special event. This includes,
but is not limited to, Township buildings and facilities, roads, bridges,
and signs. Such additional costs, expenses or damages shall be paid
to the Township within five days of receipt of an invoice from the
Township.
E.
The sponsor and landowner shall be jointly and severally responsible
for the payment for support services necessary for a special event,
as determined by the Township.
F.
The sponsor and landowner shall be jointly and severally liable for
the cost of any support services required, at the sole discretion
of the Township, to address specific unidentified circumstances by
the sponsor, or where the nature of the special event is not consistent
with the event as applied for by the sponsor. Such unanticipated circumstances
may include, but are not limited to, crowd control and emergency response.
Such additional costs and expenses shall be paid to the Township or
other appropriate support services providers within five days of receipt
of an invoice.
G.
When the Township is the owner of the property being utilized for a special event, the sponsor shall assume all duties, obligations, responsibilities, requirements, liabilities and penalties of the landowner under this chapter. Where the Township is the landowner for the special event, § 176-6B(11), (12) and (13) shall apply to the sponsor of the special event, but shall not apply to the Township in the capacity of landowner.
A.
Applications for a special event permit shall be filed at least 45
days prior to the first day of the special event. The Township Manager
may waive the requirement of 45 days' advance notice for spontaneous
special events for celebrations important to the Township, the Commonwealth
of Pennsylvania or the nation, including, but not limited to, celebration
of local sports teams and the end of wars or other conflicts of national
significance.
B.
All applications for special event permits shall be made on the Township-developed
application form and be signed by the sponsor and landowner. The Township-developed
form shall contain, at a minimum, the following information:
(1)
The name, address and, telephone number of the sponsor seeking to
conduct the special event. When the sponsor is not an individual,
the authorized or responsible head of the entity shall be listed along
with their telephone number and email address.
(2)
The intended dates and hours of the special event.
(3)
The location of the special event.
(4)
A description of the special event.
(5)
A site plan showing the location of the special event, which shall
include the layout of the special event, roads, entrances and exits,
traffic flow patterns, and parking. The names of the owners and land
uses of the surrounding properties shall also be shown on the site
plan. The proposed route to be traveled or the area sought to be used
or closed off for the special event shall also be depicted.
(6)
Details of arrangements which have been made by the sponsor to protect
the public health, safety, welfare, and convenience during the special
event, including at a minimum, a traffic control security plan.
(7)
The approximate total number of persons, animals, and vehicles participating.
(8)
A description of food and beverages to be sold or distributed.
(9)
Plans for restroom facilities.
(10)
Plans for cleanup and trash disposal during and after the special
event.
(11)
An agreement to pay for support services related to the special
event.
(12)
An agreement to indemnify and hold harmless the Township and
its designated emergency providers.
(13)
Such other information that the Township finds to be necessary
to review the special event application.
The permit fee shall be set, from time to time, by the Board
of Supervisors by resolution and be included in the Township's
fee schedule. The permit fee shall be paid at the time of filing the
application.
A.
Township review of the special event application is to provide a
mechanism to allow the Township to plan, evaluate, and coordinate
any special event; to authorize the establishment of terms and conditions
within which the special event may be conducted; and to permit the
sponsor and landowner to plan and manage the special event within
the context of the established terms and conditions.
B.
Township review of special events may involve input from the Township
Manager, Police Chief, Fire Chief, Public Works Director, and Codes
Director. Additional Township personnel may be involved at the sole
discretion of the Township Manger. The Township Manager may, at their
sole discretion, waive review of any of the listed officials.
C.
Personnel reviewing the special event application shall review, evaluate,
and estimate the cost of the support services that will be charged
to the sponsor or the landowner. Township review of the application
will involve consideration of various criteria and factors, including,
but not limited to, the following:
(1)
Does the Township or the Township's designated emergency services
providers have the ability to provide, if needed, the required support
services regardless of who bears the cost?
(2)
Will the proposed special event adversely affect the normal and necessary
functions of the support services to the Township?
(3)
Will the proposed special event adversely affect neighboring or nearby
property owners?
(4)
Does the proposed special event conflict with any other approved
special events or activities?
D.
Any personnel conducting the Township review shall recommend either
approval or disapproval of a proposed special event, submit the conditions
required if approved, and provide an estimate of support services
costs and any other related issues to the Township Manager in a timely
manner so as not to delay the planning process.
E.
The Township Manager may require additional conditions as may be
necessary to maintain peace and order or protect the health, safety,
and general welfare of the citizens of the Township or any neighboring
property.
F.
A final decision on the permit application for the special event,
along with all costs and conditions attached, shall be made by the
Township Manager, except those applications that require road closures
or anticipate more than 300 participants. For special events that
require road closures or anticipate more than 300 participants, the
Township Manager shall recommend approval or disapproval, and, if
applicable, any conditions of approval, to the Board of Supervisors,
who shall make a decision on the permit application at a public meeting.
The Township Manager shall notify the sponsor of a special event
within 10 days of the final decision. If the notification is an approval,
it shall include any costs and/or conditions attached to the approval.
If the notification is a denial, it shall include the reasons for
denial.
A.
The anticipated support services costs for each special event shall
be calculated by the Township and set forth on the approved permit.
No later than 10 days prior to the special event, the sponsor shall
secure the entire support services costs.
B.
Security may be in the form of a cash escrow or other financial security
acceptable to the Township.
C.
The individual support services costs shall be set by resolution
of the Board of Supervisors from time to time.
D.
Within 30 days of the close of the special event, the actual support
services costs, including services arising for unanticipated circumstances
related to the special event, shall be calculated by the Township.
If the actual costs exceed the amount of security held by the Township,
the sponsor or landowner shall make additional payment to the Township
within 5 days of receipt of an invoice. If the actual costs do not
exceed the security, the security shall be released by the Township
to the sponsor. The amount set forth in the final invoice shall not
be subject to appeal.
E.
Any support services cost not paid on or before the due date set
in this chapter shall be collected in the same manner as other municipal
claims.
A.
If all required permits, licenses, support services security, insurance,
or any other conditions of the permit so indicated on the permit are
not obtained and provided to the Township 10 days prior to the special
event, the permit shall be revoked by the Township.
B.
Any violation of a regulation set forth herein or condition of the
permit shall be sufficient grounds for the Township to immediately
revoke the permit and order the sponsor and/or landowner to cease
and desist their activities. Should the sponsor and/or landowner fail
to immediately cease and desist its activities, they shall be prohibited
from applying for another permit for two years from the date of revocation,
in addition to any other remedy available to the Township at law or
in equity.
C.
If the violation of a regulation set forth herein or condition of
the permit is not discovered by the Township until the special event
has ended, the sponsor and landowners shall be prohibited from applying
for another special event permit for two years from the date of the
discovery of the violation, in addition to any other remedy available
to the Township at law or in equity.
D.
A sponsor and/or landowner who has been denied a permit to conduct
a special event, whose permit has been revoked or whose right to apply
for a permit has been suspended or revoked for violation of this chapter
or who contests a permit condition shall have the right to appeal
said denial, suspension, revocation, or condition to the Board of
Supervisors, in writing, within five business days of the date of
the notice of said denial, suspension, revocation, or condition. The
Board of Supervisors shall conduct a hearing on said appeal within
60 days from the date of filing of the appeal. The Board of Supervisors
shall render a decision within 30 days after the hearing, either upholding
the denial, suspension, revocation, or condition, or granting the
appeal and ordering the Township to grant the permit, rescind the
revocation, or suspension notice or remove the condition. Notwithstanding
the foregoing, revocations related to failure to pay support service
fees or final invoices shall not be subject to appeal.
By issuing a special event permit, the Township makes no guarantees
and assumes no liability for the safety of attendees, participants,
or spectators of the event. The Township shall require as a condition
of issuance of an event permit that the sponsor and landowner agree
to indemnify, defend, and hold harmless the Township, its officials,
employees, agents, and designated emergency providers from any and
all costs, damages, or other liabilities related to the special event.
A.
Any person, sponsor, or landowner who violates or permits the violation
of any provisions of this chapter, or fails to secure the permit required
thereby, as the case may be, shall, upon conviction thereof, be subject
to a civil penalty not to exceed $600 per violation, plus all court
costs, including reasonable attorney fees incurred by the Township.
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 chapter
that is found to be violated. No judgment shall be imposed until the
date of determination of a violation by a Magisterial District Judge
and such fines, costs, and attorney fees shall be collectible before
any Magisterial District Judge as like fines, costs, and attorney
fees are now by law collectible. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure.
B.
In addition to the above-provided penalties, the Township may maintain
any action or proceedings in the name of the Township in any court
of competent jurisdiction, at law or in equity, to compel compliance
with or enforce any violation of this chapter.
C.
All Township remedies shall be cumulative.
