Township of Girard, PA
Erie County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Girard 7-10-2001 by Ord. No. 30. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 139.
Peace and good order — See Ch. 143.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR AMUSEMENT
Includes any outdoor theatrical, musical or dramatic performance, festival, carnival or any other outdoor exhibition, show, entertainment or amusement of any similar nature or kind, contest, competition or similar competitive entertainment for which an admission fee is charged or for which money or other reward of any nature is in any manner demanded, expected or received. The term "outdoor amusement" shall not include annual gatherings such as county fairs and reunions held on property dedicated to public use or to any church or school affair or any performance or exhibition that, in the opinion of the Board of Supervisors, is conducted solely for benevolent or charitable purposes.
PERSON
Any natural person, limited or general partnership, association, firm, corporation or other legal entity used for the conduct of business.
SEASON OF EVENTS
Outdoor amusements of the same or substantially similar nature to be held over a period of time not exceeding one year in duration.
SERIES OF EVENTS
Outdoor amusements of the same or substantially similar nature to be held on not more than seven consecutive days.
B. 
In this chapter, the singular shall include the plural and a masculine shall include the feminine and the neuter.
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 Girard Township unless the same shall have been issued a permit according to the provisions of this chapter. An application for the permit required by this chapter must be filed with the Zoning Administrator of Girard Township 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:
A. 
The name and business address of the person who proposes to conduct the outdoor amusement;
B. 
The type of outdoor amusement proposed;
C. 
The date or dates on which the proposed amusement is to be conducted, including rain dates, if any;
D. 
The hours during which the proposed amusement is to be conducted on the date or dates referred to above;
E. 
The site on which the proposed amusement is to be conducted; and
F. 
The number of people per performance which the applicant estimates will attend the proposed outdoor amusement.
G. 
A separate application must be filed for each site and each performance or series or season of events. Each application must contain a statement that the facts set forth therein are true and correct under the penalties of perjury. The Zoning Administrator and Secretary/Treasurer and Board of Supervisors are authorized to provide official application forms which must be used by the applicant.
No permit shall be issued under this chapter until:
A. 
The application required by this chapter has been approved by the Board of Supervisors;
B. 
A certified copy of all required state and county permits are filed with the Secretary of the Board of Supervisors;
C. 
The permit fee required by this chapter has been paid;
D. 
The bond, if any as required by § 75-5 of this chapter, has been posted;
E. 
The evidence of public liability insurance, if any is required under § 75-6 of this chapter, has been filed with the Secretary of the Board; and
F. 
In every case, the Board of Supervisors, approving the application and issuing the permit, shall state in the permit the type of outdoor amusement authorized and the date and time(s) for which the permit is to be in effect. In no case shall an outdoor amusement be permitted to commence before 9:00 a.m. or continue later than 11:00 p.m., Monday through Saturday, or commence before 12:00 noon or continue later than 9:00 p.m. on Sundays.
The Board of Supervisors of Girard Township may reject the application and refuse to grant the permit under the following circumstances:
A. 
In the event any unsanitary, hazardous or dangerous conditions exist on or about the site proposed for the outdoor amusement; or
B. 
In the event the location is deemed by the Board of Supervisors to be unsuitable because the conduct of the proposed outdoor amusement thereon would create a traffic hazard; or
C. 
In the event that there are insufficient accommodation for the number of persons and/or vehicles likely to be attracted thereto.
A. 
In the case of a single event or a series of events with an anticipated duration of one week or less and if it is anticipated that the outdoor amusement in question shall attract fewer than 500 persons during the course of the event or series of events, the person applying for the permit for such outdoor amusement under this chapter, shall deposit with the Township Secretary/Treasurer cash or a surety bond in the sum of $5,000, condition for the faithful observance of the provisions of this chapter and conditions and 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 permittee will not permit any dirt, paper, litter, or other debris from the outdoor amusement to remain thereon.
B. 
In the case of a season of events lasting more than one week or if it is anticipated that the outdoor amusement in questions shall attract more than 500 persons, the person applying for the permit for such outdoor amusement under this chapter shall deposit with the Township Secretary/Treasurer cash or surety bond in the sum of $20,000 conditioned for the faithful observance of the provisions of this chapter 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 permittee will not permit any dirt, paper, litter or other debris from the outdoor amusement to remain thereon.
A. 
In the case of the single event or a series of events with an anticipated duration of one week or less and if it is anticipated that the outdoor amusement in question shall attract more than 500 persons during the course of the event, the person applying for the permit for such outdoor amusement under this chapter shall furnish satisfactory evidence to the Township Secretary/Treasurer of a public liability insurance policy in the amount of not less than $100,000 for one person and $300,000 for any one accident that will be in force and effect during the period which such outdoor amusement is to be conducted in the Township.
B. 
In the case of a season of events lasting more than one week or if it is anticipated that the outdoor amusement in questions shall attract more than 500 persons per week during the season of events, the person applying for the permit for such outdoor amusement under this chapter shall furnish satisfactory evidence to the Township Secretary/Treasurer of a public liability insurance policy in the amount of not less than $500,000 for one person and $1,000,000 for any one accident that will be in force and effect during the season in which such outdoor amusement is to be conducted in the Township.
C. 
All such insurance policies shall be subject to the approval of the Township Solicitor.
At no time shall any directional signs to the outdoor amusement named in the application for a permit hereunder be posted along roads in the Township except those designated by prior written approval of the Supervisors. All signs must comply with the provisions of Chapter 200, Zoning, of the Code of the Township of Girard, as amended. All signs must be removed within 48 hours of the close of the outdoor amusement.
A. 
Before a permit shall be issued to any person whose application under this chapter has been approved by the Board of Supervisors, that person shall pay to the Township Secretary/Treasurer a fee as set from time to time by resolution of the Board of Supervisors.
B. 
The fee must be paid at submission of application.
C. 
Nonprofit entities shall be exempt from application fees and the Supervisors shall have the power and sole discretion to waive the bonding and insurance requirements for such entities as well.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Township will impose upon the person seeking the permit a requirement to obtain traffic control personnel and security personnel, if deemed necessary by the Township Supervisors, to provide for the health and safety of persons attending the outdoor amusement and the residents of Girard Township. The Township will impose upon the person seeking any seasonal or year-round event permit any costs to upgrade roads and/or traffic control devices to provide for the health and safety of the persons attending the outdoor amusement and the residents of Girard Township.
When all the requirements of this chapter have been met and the application has been approved by the Board, the Township Secretary/Treasurer shall issue a permit hereunder to conduct the outdoor amusement. The permit shall in every case state:
A. 
The name and business address of the person permitted to conduct the outdoor amusement;
B. 
The type of outdoor amusement authorized;
C. 
The date or dates on which the proposed outdoor amusement is to be conducted;
D. 
The hours during which the outdoor amusement is to be conducted on each date authorized in accordance with a preceding subsection;
E. 
The site on which the outdoor amusement is to be conducted;
F. 
A separate permit must be issued for every site and a separate fee paid for each. The permit shall not be assignable.
The Board of Supervisors may revoke any permit granted under this chapter if at any time dangerous, hazardous or unsanitary conditions develop on the sites designated in the permit or if the permittee violates in any way any provisions of this chapter. No part of the permit fee shall be refunded in that event.
Any person who violates or permits a violation of this chapter 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 chapter that is violated shall also constitute a separate offense. In addition the Township may seek enforcement through an action in equity in the Court of Common Pleas of Erie County, Pennsylvania.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).