[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 4-26-1990 by Ord. No.
90-6. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Parade
Ordinance of the Borough of Clayton."
As used in this chapter, the following terms shall have the
meanings indicated:
Any parade, procession, march, exhibition, ceremony, show,
pageant of any kind or any similar display in or upon any street,
park or other public place in the Borough.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A.
No person shall engage or participate in, aid, form or start any
parade unless a parade permit has been obtained from the Chief of
Police, after review and approval by the Public Safety Committee.
B.
Exceptions. This chapter shall not apply to:
(1)
Funeral and wedding processions.
(2)
Students going to and from school classes or participating in educational
activities, provided that such conduct is under the immediate direction,
supervision and authorization of proper school authorities.
(3)
A governmental agency acting within the scope of its functions.
(4)
Any lawful activity under the National Labor Relations Act concerning
picketing.
A person seeking the issuance of a parade permit shall file
an application with the Chief of Police on forms provided by such
officer.
A.
Filing. An application for a parade permit shall be filed with the
Chief of Police not less than 30 days before the date on which it
is proposed to conduct the parade.
B.
Contents. The application for a parade permit shall set forth the
following information:
(1)
The name, address and telephone number of the person seeking to conduct
such parade.
(2)
If the parade is proposed to be conducted for or on behalf of or
by any organization, the name, address and telephone number of the
headquarters of the organization and of the authorized and responsible
heads of such organization.
(3)
The name, address and telephone number of the person who will be
the parade chairperson or who will be responsible for its conduct.
(4)
The date when the parade is to be conducted.
(5)
The location of the parade or the route to be traveled, the starting
point and the termination point, together with all roads and streets
to be traversed during the course of the parade.
(6)
The approximate number of persons who and animals and vehicles which
will constitute such parade, together with a description of the type
of animals and of the type of vehicles to be included.
(7)
The hours when such parade will start and terminate.
(8)
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be traversed.
(9)
The location by streets of any assembly areas for such parade.
(10)
The time at which units of the parade will begin to assemble
at any such assembly area or areas.
(11)
The interval of space to be maintained between units of such
parade.
(12)
If the parade is designed to be held by or on behalf of any
person other than the applicant, the applicant for such permit shall
file with the Chief of Police a communication, in writing, from the
person proposing to hold the parade, authorizing the applicant to
apply for the permit on his behalf.
(13)
Any additional information which the Chief of Police shall find
reasonably necessary for a fair determination as to whether a permit
should issue.
C.
The Chief of Police and the Public Safety Committee, where good cause is shown by the applicant as to why the time limit provided under Subsection A could not be complied with, shall have the authority to consider any application hereunder which is filed not less than seven days before the date such parade is proposed to be conducted.
The Chief of Police, with the approval of the Public Safety
Committee, shall issue a permit when, from a consideration of the
application and from such other information as may be otherwise obtained,
he shall find that:
A.
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route. If
any portion of the route is intended to be on or across county, state
or federal roads or highways or any other roadways which are not under
the jurisdiction of the Borough, the applicant shall be required to
obtain approval from such other entities which have jurisdiction over
such roads prior to the issuance of the parade permit.
B.
The conduct of the parade will not require the diversion of so great
a number of police officers of the Borough to properly police the
line of movement and the areas contiguous thereto as to prevent normal
police protection to the Borough.
C.
The conduct of the parade will not require the diversion of so great
a number of ambulances as to prevent normal ambulance service to portions
of the Borough other than that to be occupied by the proposed line
of march and areas contiguous thereto.
D.
The concentration of persons, animals and vehicles at assembly points
of the parade will not unduly interfere with property owners and residents
at or near such locations or with proper fire and police protection
of or ambulance service to areas contiguous to such assembly areas.
E.
The conduct of such parade will not interfere with the movement of
firefighting equipment en route to a fire.
F.
The conduct of the parade is not unreasonably likely to cause injury
to persons or damage to property or to provoke disorderly conduct
or create a disturbance.
G.
The parade is scheduled to move from its point of origin and to its
point of termination expeditiously and without unreasonable delays
en route.
H.
The parade is not held for the sole purpose of advertising any product,
goods or event and is not designed to be purely for private profit.
If the Chief of Police and/or the Public Safety Committee disapproves
the application, he or it shall mail to the applicant at least five
days before the date of the proposed parade a notice of his or its
action, stating the reasons for his or its denial of the permit.
The applicant may appeal from the denial of the application
to the Mayor and Borough Council within 48 hours of notice of denial.
The Mayor and Council shall consider the appeal within three days
of the filing of such notice of appeal.
The Chief of Police and/or the Public Safety Committee in denying
an application for a parade permit shall be empowered to authorize
the conduct of the parade on a date, at a time or over a route or
at a location different from that proposed by the applicant or consisting
of a different number of persons, animals and vehicles than proposed
by the applicant or containing such other deviations from the specifications
proposed by the applicant as may be deemed appropriate in order to
fully comply with this chapter. An applicant desiring to accept such
an alternate permit shall, within three days after notice of the action
by the Chief of Police and Public Safety Committee, file a written
notice of acceptance with the Chief of Police. An alternate parade
permit shall conform to the requirements and shall have the effect
of a parade permit under this chapter.
Immediately following the issuance of a parade permit, the Chief
of Police shall send a copy thereof to the Mayor, Borough Council,
Fire Chief, Ambulance Corps Chief and Borough Administrator.
Each parade permit shall state the following information and
shall be signed and dated by the Chief of Police:
The parade chairperson or such other person heading or leading
the activity shall carry the parade permit upon his person during
the conduct of the parade. Any permittee hereunder shall comply with
all permit directions and conditions and with all provisions of this
chapter and with all other applicable laws and ordinances.
A.
Interference. No person shall unreasonably hamper, obstruct or impede
or interfere with any parade or parade assembly or with any person,
vehicle or animal participating or used in such parade.
B.
Driving through parades. No driver of a vehicle shall drive between
the vehicles or persons comprising a parade when such vehicles or
persons are in motion and are conspicuously designated as a parade.
C.
Parking on parade route. The Chief of Police shall have the authority,
when reasonably necessary, to prohibit or restrict the parking of
vehicles along the highway or part thereof constituting a part of
the route of a parade. The Chief of Police shall post signs to such
effect, and it shall be unlawful for any person to park or leave unattended
any vehicle in violation thereof. No person shall be liable for parking
on a street unposted in violation of this chapter.
The Chief of Police and/or the Public Safety Committee shall
have the authority to revoke a parade permit issued hereunder upon
violation of any of the provisions of this chapter or of any condition
attached to any parade permit.
A.
Any person violating any of the terms of this chapter shall be subject
to a fine of not more than $500 or imprisonment in the county jail
for a term of not exceeding 30 days, or both.
