Township of Upper Gwynedd, PA Parades and Assemblies

A gathering, meeting or rally which interferes with the movement of vehicular or pedestrian traffic on any street or sidewalk or other public property, including but not limited to the Township playground and pavilion.

MUNICIPAL SERVICE RATE

The hourly cost to the Township of providing police protection, fire protection, standby emergency medical services, sanitary services, cleanup and trash removal and other necessary services for a parade or assembly, as established from time to time by resolution of the Board of Commissioners.

PARADE

Any march or procession or motorcade consisting of people, animals or vehicles, or any combination thereof, upon any public street, sidewalk or alley in the Township, which does not comply with the normal and usual traffic regulations or controls.

§ 132-2 Permit required.

It shall be unlawful for any person or organization to conduct a parade or assembly in or upon any public street, alley or sidewalk or other public property in the Township or to knowingly participate in any such parade or assembly unless a permit has been obtained from the Township Manager or, as hereinafter provided, from the Board of Commissioners.

§ 132-3 Parade for commercial purpose prohibited.

No permit shall be issued authorizing the conduct of a parade intended to be held for the sole purpose of advertising any products, goods, wares, merchandise or event or designed to be purely for private profit.

§ 132-4 Application for permit.

Any person or organization intending to conduct a parade or assembly shall apply to the Township Manager for a permit at least 30 days in advance. The Board of Commissioners may, in its discretion, consider any application for a permit to conduct a parade or assembly which is filed less than 30 days in advance. The application for such permit shall be made in writing on a parade or assembly permit application form provided by the Township. In order that adequate arrangements may be made for the proper policing of the parade or assembly and for other municipal services, the application shall contain the following information:

The name, address and telephone number of the applicant, the sponsoring person or organization, and the parade or assembly chairman.

The purpose of the parade or assembly, the proposed date and location, the proposed location of the organizing and disbanding areas, the proposed route to be traveled and the proposed times when the parade or assembly and any meeting or rally connected therewith are to be held.

A description of the individual floats, marching units, vehicles, bands and other units which will participate in the parade and a description of any sound-amplification equipment to be used.

The estimated number of participants.

Such other information as the Township Manager may deem necessary.

§ 132-5 Issuance or denial of permit.

The Township Manager shall approve or disapprove the application for a parade permit with modifications deemed appropriate not less than 15 days prior to the scheduled date of the parade or assembly as shown on the application.

Standards of issuance. The Township Manager shall not issue a parade or assembly permit if he finds that:

(1)

The time, route and size of the parade or assembly requested by the applicant will disrupt to an unreasonable extent the movement of vehicle traffic in or through the Township; or

(2)

The time, route and size of the parade or assembly will require the diversion of so great a number of police officers of the Township to properly police the parade route or assembly and the areas contiguous thereto that permitting the parade or assembly will disrupt to an unreasonable extent police protection to the Township; or

(3)

The parade or assembly will interfere with another parade or assembly for which a permit has been issued.

Standards for denial. The Township Manager shall deny an application for a parade or assembly permit and notify the applicant of such denial if:

(1)

The information contained in the application is found to be false or incomplete in any material detail.

(2)

The applicant refuses to comply with all conditions of the permit.

§ 132-6 Application fee and deposit for Township expenses.

Every applicant for a permit to conduct a parade or assembly shall pay an application processing fee.

Upon approval of the application for a parade or assembly permit, the applicant shall deposit with the Township an amount determined by multiplying the hourly municipal service rate then in effect by the estimated number of hours of duration of the parade or assembly and any meeting or rally connected therewith, as stated in the application, in order to cover the Township's estimated expenses for the parade or assembly, including but not limited to the costs of police protection, fire protection, emergency medical services, sanitary services, cleanup and trash removal and other necessary services.

If a permitted parade or assembly exceeds the estimated time for the event as stated in the application by more than 1/2 hour, the permittee shall pay the municipal service rate to the Township for such excess time.

The Township may waive the fee as set forth in Subsections A and B above.

§ 132-7 Contents of permit.

In each permit the Township Manager shall specify:

The date of the parade or assembly.

The assembly area and time therefor.

The starting time.

The minimum and maximum speeds.

The route of the parade.

The maximum number of platoons or units which may participate in the parade and the maximum and minimum intervals of space to be maintained between the units during such parade.

The maximum length of such parade in miles or fractions thereof.

The disbanding area and disbanding time.

The number of persons required to monitor the parade or assembly.

The number and types of parade vehicles.

The material and maximum size of any sign, banner, placard or carrying device thereof.

That materials used in the construction of floats used in the parade shall be fire-retardant and shall be subject to such requirements concerning fire safety as may be determined by the Fire Chief.

That the permittee shall advise all participants in the parade or assembly, either orally or by written notice, of the terms and conditions of the permit, prior to the commencement of such parade or assembly.

That throwing objects, including candy, at spectators is prohibited.

That the parade continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade, except when reasonably required for the safe and orderly conduct of the parade, shall constitute a violation of the permit.

The location, time of commencement and time of termination of any meeting or rally to be held on municipal property in connection with the parade or assembly.

Such requirements as are found by the Township Manager to be reasonably necessary for the protection of persons or property.

§ 132-8 Appeal procedure.

Upon a denial or significant modification by the Township Manager of an application made pursuant to § 132-5 of this chapter, the applicant may appeal from the determination of the Township Manager within five days thereafter to the Board of Commissioners by filing a written notice of appeal. The Board of Commissioners may affirm, reverse or modify in any regard the determination of the Township Manager.

In the event that an application is not filed within the time required by § 132-4, the applicant may request a waiver of such requirement by the Board of Commissioners at its next regular meeting, and the Board of Commissioners, in its sole discretion, may waive such requirement if it finds unusual circumstances justifying the applicant's delay.

§ 132-9 Officials to be notified.

Immediately upon the granting of a permit for a parade or assembly, the Township Manager shall send a copy thereof to the following:

The President of the Board of Commissioners.

The Police Chief.

The Fire Chief.

The Director of Public Works.

§ 132-10 Change of route or areas.

The Township reserves the right to change the parade route, assembling area, disbanding area and location of any meeting or rally from those proposed on the parade or assembly permit application to other routes and areas at any time prior to the parade or assembly if the Township Manager determines that the safety of the public or property requires such changes. Notice of such actions shall be delivered in writing to the permittee by personal service or by certified mail.

§ 132-11 Revocation of permit.

Any permit for a parade or assembly issued pursuant to this chapter may be summarily revoked by the Township Manager at any time when, by reason of the occurrence of a disaster, public calamity, riot or other emergency, the Township Manager, together with the Chief of Police, 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.

§ 132-12 Exceptions.

A parade permit shall not be required by any of the following functions:

Funeral processions.

Wedding processions.

Students going to and from school or other classes or educational activities, provided that such activity is under the immediate direction and supervision of the proper school authorities.

Activities of governmental agencies.

§ 132-13 Interference with parade or assembly.

No person shall knowingly join in any parade or assembly conducted under a permit issued by the Township Manager in violation of any of the terms of said permit, nor knowingly join or participate in any permitted parade or assembly without the prior consent of the permittee, nor in any manner interfere with its progress or orderly conduct.

§ 132-14 Parking on parade route.

The Police Department of the Township shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along the street or portion thereof which is within the route of a parade. The Police Department shall post signs giving notice of such restrictions, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.

§ 132-15 Violations and penalties.

Any person or persons, firm or corporation who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.

This section shall not preclude the Township from any other remedy it may have at law or equity.