Township of Washington, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 216.
[Adopted 9-9-1975 by Ord. No. 52]

§ 109-1 Definitions.

A. 
As used in this article, the following terms shall have the meanings indicated:
OUTDOOR AMUSEMENT
Includes any outdoor theatrical, musical or dramatic performance, festival, or carnival, or any other outdoor exhibition, show, entertainment, or amusement of any similar nature or kind, for which an admission fee is charged or for which money or any other reward of any nature is in any manner demanded, expected or received.
PERSON
Any natural person, partnership, association, firm or corporation.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 109-2 License required; application.

A. 
No person either as principal or agent, shall conduct or hold, nor shall permit the conduct or holding on premises owned or under the control of such person, any outdoor amusement in the Township of Washington unless the same shall have been licensed according to the provisions of this article. An application for the license required by this article must be filed with the Secretary of the Board of Supervisors at least 60 days before the date on which the outdoor amusement is proposed to be held. Such application shall be in writing and shall include:
(1) 
The name and business address of the person who proposes to conduct the outdoor amusement; and
(2) 
The type of outdoor amusement proposed; and
(3) 
The date or dates on which the proposed outdoor amusement is to be conducted; and
(4) 
The hours during which the proposed outdoor amusement is to be conducted on each date submitted as required by Subsection A(3), supra; and
(5) 
The site on which the proposed outdoor amusement is to be conducted; and
(6) 
The number of people per performance per day which the applicant estimates will attend the proposed outdoor amusement.
B. 
A separate application must be filed for each site and every application must be duly acknowledged and contain a statement that the facts set forth therein are true and correct under the penalties of perjury. The Secretary of the Board shall provide official application forms which must be used by the applicant.

§ 109-3 Issuance of license.

A. 
No license shall be issued under this article until:
(1) 
The application required by this article has been approved by the Board of Supervisors; and
(2) 
A certified copy of all state and county permits are filed with the Secretary of the Board of Supervisors in any instance in which such state and county permits are required to conduct the proposed outdoor amusement; and
(3) 
The Board of Supervisors, or their agents, have inspected the premises where the proposed outdoor amusement is to be held to ascertain whether such premises are suitable for the purpose and free from unsanitary, dangerous or hazardous features; and
(4) 
The cash bond required by this article has been paid; and
(5) 
The evidence of public liability insurance required by this article has been filed with the Secretary of the Board; and
(6) 
The license fee required by this article has been paid.
B. 
The Board may cause any other investigation or inspection to be made to secure the facts needed by it to determine if the application should be approved and the license granted. It may reject the application and refuse to grant the license if any unsanitary, hazardous or dangerous condition exist, or if the location is deemed by it unsuitable because the conduct of the proposed outdoor amusement thereon would create a traffic hazard, or because of the lack of accommodations for the number of persons and/or vehicles likely to be attracted thereto, or if the proposed outdoor amusement is likely to create unnecessary annoyance to the residents or inhabitants of the locality. In every case, the Board of Supervisors, approving the application and issuing a license, shall state in the license the type of outdoor amusement authorized and the time for which the license is to remain in effect.

§ 109-4 Bond required; conditions.

[Amended 11-16-2009 by Ord. No. 224]
Every person applying for a license for an outdoor amusement under this article shall deposit with the Township Treasurer a cash bond in such sum as shall be set from time to time by resolution of the Board of Supervisors conditioned for the faithful observance of the provisions of this article and the saving harmless of the Township of Washington from any and all liabilities and causes of action which might arise by virtue of the granting of such license in said Township, and conditioned further that no damage will occur to the streets, bridges and other public or private property in the Township, or adjacent thereto, as a result of the outdoor amusement and that the licensee will not permit any dirt, paper, litter or other debris from the outdoor amusement to remain thereon. Said bond shall also be a guarantee for treating with suitable dust layer those unpaved roads in the vicinity of the licensed premises designated by the Board of Supervisors. Before any program is commenced, the licensee shall treat the roads so designated by the Board of Supervisors with suitable dust layer approved by the Board. Such cash bond shall be returned upon certification by the Board of Supervisors that all conditions of this article have been complied with and that the aforesaid property and roads have been placed in a neat condition and all debris removed. Said cash bond shall be further conditioned that the applicant will pay the necessary license fees based on actual attendance to the Township Secretary.

§ 109-5 Liability insurance.

[Amended 11-16-2009 by Ord. No. 224]
Every applicant for a license under this article shall furnish satisfactory evidence to the Township Secretary that a public liability insurance policy in amounts as shall be set from time to time by resolution of the Board of Supervisors will be in force and effect during the period which such outdoor amusement is to be conducted in the Township. Such policy shall be subject to the approval of the Township Solicitor.

§ 109-6 Fees.

[Amended 11-16-2009 by Ord. No. 224]
Before a license shall issue to any person whose application under this article has been approved by the Board of Supervisors, that person shall pay to the Township Secretary a fee according to the schedule as shall be set from time to time by resolution of the Board of Supervisors.

§ 109-7 Exceptions.

The provisions of §§ 109-4, 109-5 and 109-6 of this article shall not apply to any church or school affair, nor to any performance or exhibition conducted solely for benevolent or charitable purposes.

§ 109-8 Details required on license.

A. 
When all of the requirements of this article have been met and the application has been approved by the Board, the Township Secretary shall issue a license hereunder to conduct the outdoor amusement. The license shall in every case state:
(1) 
The name and business address of the person authorized to conduct the outdoor amusement; and
(2) 
The type of outdoor amusement authorized; and
(3) 
The date or dates on which the proposed outdoor amusement is to be conducted; and
(4) 
The hours during which the outdoor amusement is to be conducted on each date or date authorized by Subsection A(3), supra; and
(5) 
The site on which the outdoor amusement is to be conducted; and
(6) 
The hour and date on which the license shall expire.
B. 
A separate license must be issued for every site and a separate fee paid for each. A license shall not be assignable.

§ 109-9 Inspection of site.

After any license has been issued under this article, the Board of Supervisors, or their agents, shall inspect the site designated therein before any program, show, or entertainment is begun to insure that no dangerous, hazardous and unsanitary conditions exist. The licensee shall correct any such dangerous, hazardous and unsanitary conditions which may exist before any program, show or entertainment is begun. If he does not, his license shall forthwith be revoked, and no part of the license fee shall be refunded.

§ 109-10 Unreasonable noise prohibited.

No holder of a license under this article shall make or permit to be made any unnecessary or unreasonable noise by loud speaker, amplifying device or any other means which would disturb the residents in the vicinity of the premises wherein such licensed outdoor amusement is held.

§ 109-11 Restriction on directional signs.

At no time shall any directional signs to the site named in the application for license hereunder be posted along any roads in the Township except those designated by the Board of Supervisors.

§ 109-12 Prohibited activities.

No person granted a license under this article shall permit upon the site named thereon:
A. 
Any disorderly or immoral conduct; or
B. 
Any gambling; or
C. 
Any sale of obscene literature, pictures, film or other objects; or
D. 
Any indecent, immoral or lewd act or performance; or
E. 
Any possession, sale or use of intoxicants and/or drugs of any kind.

§ 109-13 Revocation of license.

The Board of Supervisors shall forthwith revoke any license granted under this article if at any time dangerous, hazardous, and unsanitary conditions develop on the site designated in the license or if the licensee violates in any way any provision of this article, and no part of the license fee shall be refunded.

§ 109-14 Violations and penalties.

[Amended 9-15-1997 by Ord. No. 141][1]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. The minimum fine to be imposed is $50 per day or portion thereof for a first offense; $100 per day or portion thereof for a second offense and $500 per day or portion thereof for each subsequent offense. The Magisterial District Judge may impose a fine of more than the minimum amounts set forth above.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).