[HISTORY: Adopted by the Board of Commissioners of the Township
of Bethlehem 6-7-2021 by Ord. No. 05-21. Amendments noted where applicable.]
This chapter shall be known as the "Special Events Ordinance."
This chapter is established to regulate special events on public and
private property, as well as to ensure public safety within the Township
of Bethlehem.
The following terms shall have the meanings ascribed unless
a contrary meaning is expressly set forth in the text:
Any person or any sponsoring organization seeking a special
event permit from the Township in order to conduct or sponsor an event
governed by this chapter. 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.
A gathering, meeting or rally of 25 or more people without
vehicles, which interferes with the movement of vehicular or pedestrian
traffic on any street or sidewalk or other public property.
A festive gathering of the residents on a residential street
requiring a closure of a street or a portion thereof to vehicular
traffic and use of the street for social and/or entertainment purposes.
All expressive and associative activity that is protected
by the United States and Pennsylvania Constitutions, including speech,
press, assembly, and/or the right to petition.
Any and all aspects of producing audio and video content
that is used in commercials, movies, online, radio or in other realms.
A march or procession or motorcade consisting of persons,
animals or vehicles, or any combination thereof, upon any public street,
sidewalk, alley or other street right-of-way in the Township, which
obstructs, delays or interferes with the normal flow of pedestrian
or vehicular traffic or does not comply with traffic laws or controls.
Any person or any sponsoring organization to whom a special
event permit is issued by Bethlehem Township.
Any individual, firm, partnership, association, corporation,
society, company or organization of any kind.
A group of individuals comprised of Township employees designated
to review all applications for a special event and make recommendations
regarding approval of the same. The committee shall include the Township
Manager, Codes Enforcement Officer, Fire Marshal, Police Department
and Public Works Department.
A public street, alley, sidewalk or crosswalk, including
bike and pedestrian paths.
A parade, assembly, street fair, art and craft show, carnival,
soap box derby, rally, or other special event or activity that occurs
on Township streets, sidewalks, alleys or other street right-of-way
and that obstructs, delays or interferes with the normal flow of pedestrian
or vehicular traffic or does not comply with traffic laws and controls.
The term "special event" shall also include events at Township pavilions
where capacity is exceeded, on Township-owned property (see below),
product releases, media production, outdoor weddings, outdoor concerts,
displays, fairs and other similar events occurring on private property
and designed to attract crowds. Township-owned property whereby special
events will be allowed with permits unless otherwise set forth herein:
Any written authorization issued as required by this chapter
for the conduct or performance of a special event. Special event permit(s)
are not required for the following:
Except as provided by law or in this chapter, any nonexempt
special event shall be in strict compliance with the regulations contained
in this chapter.
A.
Any person or organization seeking to conduct or sponsor a special
event within Bethlehem Township shall first obtain a special event
permit by contacting the Bethlehem Township municipal office. A special
event permit shall not be required for the following:
B.
Application for permit.
(1)
Any person or organization intending to conduct or sponsor a special
event shall apply to the Township for a special event permit at least
60 days in advance of the date of the proposed event. In emergency
situations, determined at the sole discretion of the Township, the
Township may consider any application for a permit to conduct or sponsor
a special event not filed within the time frame required by this section.
(2)
The application for a special event permit shall be made in writing
on a special event permit application form provided by the Township.
Upon receipt, the Township Review Committee shall review, approve/deny,
and provide resources and action required for permitting. In order
that adequate arrangements may be made for the proper policing of
the special event and for other Township services, the application
shall contain the following information and documentation:
C.
Further requirements.
(1)
Indemnification. An indemnification agreement, signed by the applicant,
pursuant to which the applicant agrees to reimburse the Township for
any costs incurred in repairing damage to Township property occurring
in connection with the permitted event and proximately caused by the
permittee, its officers, employees or agents or any person under the
permittee's control insofar as permitted by law, and, further,
that the permittee shall defend the Township against, and indemnify
and hold the Township harmless from, any liability to any persons
resulting from any damage or injury occurring in connection with the
permitted event proximately caused by the actions of the permittee,
its officers, employees or agents or any person under the control
of the permittee insofar as permitted by law. For purposes of this
requirement, persons merely joining in a parade or event are not considered
by that reason alone to be under the control of the permittee.
(2)
Insurance. A certificate of insurance liability in the amount of
$1,000,000, along with all required endorsements, naming Bethlehem
Township, its officers, employees and agents as additional insureds,
to be filed no less than 10 days' prior to the scheduled event,
indicating that the applicant possesses or will obtain public liability
insurance in the form of a comprehensive general liability insurance
policy with the following minimum limits; however, the Township may
require the applicant to obtain higher insurance limits if the Township
deems it necessary, based on the activity or activities planned as
part of the special event.
(3)
Such other information the Review Committee deems necessary, including,
but not limited to, the following:
(a)
The type and estimated number of vehicles, animals and structures
that will be used at the event and whether water aid stations or first
aid stations will be provided;
(b)
The provisions made for sanitary facilities for persons participating
in or attending the event;
(c)
Whether food or beverage or alcoholic beverages will be sold
at the event;
(d)
The provisions made for monitors of the event;
(e)
Parking needs for the event;
(f)
If the special event is a parade, organizing and disbanding
areas, the proposed route to be traveled and the proposed times when
the event and any meeting or rally connected therewith are to be held,
the portion of the streets to be occupied by the parade, the number,
type and size of each float, the intervals of space to be provided
between individual units in the parade, and the maximum size and material
of any signs or banners to be carried along the parade route; and
(g)
The applicant has secured signatures from all affected property
owners in the event of a road closure (except for a special event
permit sought for a parade).
(h)
Any supplemental information deemed by the Code Enforcement
Officer and/or the Review Committee to be reasonably necessary to
determine whether a special event permit shall be issued.
D.
Issuance or denial of permit.
(1)
The Township shall approve or disapprove all applications for a special
event permit with modifications or conditions as it deems appropriate,
not less than 15 days prior to the scheduled date of the special event
as shown on the application. The decision of the Township shall be
final. The Township reserves the right to disapprove or cancel a special
event if they deem necessary to do so.
(2)
Standards of issuance. The Township shall issue a special event permit
upon approval of the special event application and upon agreement
by the applicant, in writing, to the terms and conditions of the permit,
provided that the Review Committee determines that:
(a)
The time, route and size of the special event requested by the
applicant will not disrupt to an unreasonable extent the movement
of vehicle traffic in or through the Township; or
(b)
The time, route and size of the special event will not require
the diversion of so great a number of police officers of the Township
to properly police the parade route or event and the areas contiguous
thereto that issuance of the special event permit will disrupt to
an unreasonable extent police protection to the Township;
(c)
The special event will not interfere with another special event
for which a permit has been issued; and
(d)
The applicant has complied with the requirements of this chapter,
including without limitation those provisions pertaining to indemnification,
insurance, and the payment of applicable fees and deposits.
(3)
Standards of denial. The Township, in their discretion, may deny
an application for a special event permit and shall notify the applicant
of such denial, in writing, if any of the following applies:
(a)
The information contained in the application is found to be
false or incomplete in any material detail.
(b)
The applicant refused to comply with an inspection required
by one or more Township departments or the property proposed for the
special event failed an inspection.
(c)
The applicant refuses to comply with any and all conditions
of the permit.
(d)
A special event permit application submitted prior in time has
been approved for an event at the same time and place requested, or
so close in time and place as to cause undue traffic congestion, or
approval of both events will render the police department unable to
meet the needs for police services for both events.
(e)
The proposed event will unduly disrupt the safe and orderly
movement of traffic adjacent to the event site or will prevent proper
police, fire or ambulance services to areas adjacent to the event
site.
(f)
The size of the event will require diversion of such police
resources in order to ensure the orderly conduct of the special event
that protection of the remainder of the Township will be compromised.
(g)
The location of the parade or other special event will substantially
interfere with construction or maintenance work scheduled to take
place on Township streets, sidewalks, or any other property previously
granted permit approval.
E.
Application fee. Except as provided herein, each applicant for a
permit to conduct a special event shall pay an application fee to
defray the administrative costs of the Township in reviewing and distributing
the application, and making preparations for such special event, in
an amount set forth in the Township's Fee Schedule.
F.
Revocation of permit. Any special event permit issued pursuant to
this chapter may be summarily revoked by the Township at any time
when by reason of the occurrence of a disaster, public calamity, riot,
inclement weather or other emergency, the Township determines that
the safety of the public or property requires such revocation. Notice
of such action revoking a permit shall be delivered, in writing, to
the permittee by personal service or by certified mail. Revocation
of the permit may take place up to and during the special event.
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 $100
and not more than $1,000, plus the costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. Each section
or provision of this chapter that is violated shall constitute a separate
offense, and each day or portion thereof 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 of not less than $100 and not more than $1,000,
plus the costs of prosecution, or upon default of payment thereof,
the defendant may be sentenced to imprisonment in the county prison
for a term of not more than 30 days.
