Large Gathering Ordinance (7-2016)
AN ORDINANCE OF THE BOROUGH OF DALTON, LACKAWANNA COUNTY, COMMONWEALTH OF PENNSYLVANIA, REQUIRING PERMITS FOR LARGE GATHERINGS IN THE BOROUGH OF DALTON AND PROVIDING FOR PENALTIES AND ENFORCEMENT.
WHEREAS, Council of the Borough of Dalton (hereinafter referred to as the “Borough”) recognizes an increase in the number of large gatherings occurring in areas zoned R-1 and R-2; and,
WHEREAS, the Borough is challenged to identify and locate such gatherings and adequately prepare for additional resources for parking, bathroom facilities, garbage, traffic issues and security; and,
WHEREAS, the Borough has vested interest in protecting homeowners in residential neighborhoods against large gatherings which may cause issues to quiet enjoyment and safety of property within the Borough; and,
NOW THEREFORE, be it ORDAINED by the Council of the Borough of Dalton that permits for large gatherings in the Borough of Dalton are required; Further, setting forth the penalties and specifics regarding enforcement.
SECTION I. PURPOSE AND INTENT
It is the purpose and intent of the Borough to establish a process to address large gatherings within the Borough in residential areas. Applications for permits will be required which will address the issues of large gatherings including parking, bathroom facilities, traffic issues, garbage and security. The Borough of Dalton will review the permit application in order to preserve and protect public safety and the rights of quiet and safe enjoyment of residentially zoned areas.
SECTION II. APPLICABILITY
This Ordinance shall apply as follows (note that zoning is defined by the approved zoning map, as amended from time to time for the Borough of Dalton and that zoning is not modified by permitted uses of the property, zoning variances or special exceptions):
1. In all residential zoning districts including R-1 and R-2 to all gatherings of 50 people or more.
2. In all commercial and non-residential zoning districts to all gatherings of 250 people or more.
The following is a list of exceptions to this Ordinance:
1. Private parties held in a residence.
2. Gatherings sponsored by the Borough of Dalton.
3. Gatherings sponsored by the Dalton Fire Company.
4. Gatherings of religious ceremonies if those gatherings occur within a building and the number of people attending the event is limited to the number allowed pursuant to the building use limitation.
SECTION III. ESTABLISHMENT OF PERMIT APPLICATION PROCESS
The Borough of Dalton shall establish a permit application process. The application shall have no charge but be required to be filed no less than 20 business days prior to the event. The permit shall be on a form designated by the Borough of Dalton. The application form will contain the following elements:
1. Address for the event, name of owner of that address and who will be the party responsible for the event.
2. Purpose of the event and the number of people attending.
3. Date and time of the event.
4. How will the party responsible address bathroom facilities?
5. How will the party responsible address garbage collection?
6. How will the party responsible address security?
7. How will the party address parking and traffic control?
SECTION IV. ISSUING OF PERMIT
A permit will be issued in the event that Dalton Borough Council is satisfied that the event owner has a responsible plan to address the impact of the event on public safety and rights of quiet and safety to the residents of the area. Consideration will be given to the history of the party responsible for the event and their history in managing events.
SECTION V. INSPECTIONS FOR VIOLATIONS
Adherence to this Ordinance does not relieve any person, legal entity or agent from any other obligations set forth in any applicable code(s), which may apply to the property. It is the responsibility of the Dalton Borough Police Department to enforce the tenets of this Ordinance.
SECTION VI. PENALTIES
Any person who shall conduct a gathering of 50 persons or more in a residentially zoned location without a valid permit shall be in violation of this Ordinance and subject to the following fines:
DESCRIPTION OF VIOLATON CIVIL PENALTY
a. Failure to obtain a permit for a gathering of 50-100, $100.00
b. Each subsequent offense for a gathering of 50-100 $250.00
c. Failure to obtain a permit for a gathering over 100, $500.00
d. Each subsequent offense for a gathering over 100 $1,000.00
In addition to the penalties, any costs incurred by the Borough will be included in the penalty.
SECTION VII. AMENDMENTS.
Registration and Penalty fees outlined in this Ordinance may be modified by a Resolution passed and adopted by the Council of the Borough of Dalton.
SECTION VIII. SEVERABILITY. If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance. It is hereby declared as the intent of the Borough of Dalton that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
SECTION IX. EFFECTIVE DATE. This Ordinance shall become effective immediately upon adoption.
SECTION X. This Ordinance is enacted by the Council of the Borough of Dalton under the authority of the Act of Legislature, February 1, 1966, P.L. (1965) No. 581 Section 1005, as amended 1979, November 2, PL. 458 No. 94, 53 P.S. Section 46005, et seq.; as re-enacted and amended May 17, 2012, P.L. 262, No.43, known as the Borough Code and any and all other applicable law arising under the laws of the Commonwealth of Pennsylvania.