[HISTORY: Adopted by the Borough Council
of the Borough of Media 3-19-2009 by Ord. No. 1058.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fireworks and firearms — See Ch. 169.
Parks and recreation areas — See Ch. 215.
Streets and sidewalks — See Ch. 253.
[1]
Editor's Note: This ordinance also repealed
former Ch. 155, Entertainment, Public, which consisted of Art. I,
Exhibitions and Shows, adopted 12-5-1900 by Ord. No. 48-P, as amended;
Art. II, Parades, adopted 11-5-1953 by Ord. No. 345, as amended; and
Art. III, Events, Mass Gatherings and Shows, adopted 12-15-2005 by
Ord. No. 1005, as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Media.
The Council of the Borough of Media
The Chief of Police of the Borough of Media
An individual employed for the duration of the event by the
Council of the Borough of Media to ensure compliance with the provisions
of this chapter. The employee shall not have any association with
the person, firm, partnership, association, corporation, company or
organization to whom or to which the license is issued.
The Fire Chief of the Fire Department.
The Media Fire, Hook, and Ladder Co. No. 1.
The Fire Marshal of the Borough of Media
Any parade or any carnival, circus, traveling show, music festival, flea market, outdoor dining event, exhibition, play or show. The term "mass gathering" shall not include any seasonal outdoor cafe dining conducted in compliance with outdoor dining in front of restaurants that is operated pursuant to Chapter 253 of the Code of the Borough of Media.
The Mayor of the Borough of Media.
Any parade, march, procession (excluding wedding and funeral
processions), demonstration of any kind or any similar display or
assemblage of 20 or more persons, or any parade, march, procession
(excluding wedding and funeral processions), demonstration of any
kind or any similar display or assemblage of fewer than 20 persons
if a public street is proposed to be closed.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Police Chief of the Borough of Media Police Department.
The Police Department of the Borough of Media.
A.
No mass gathering shall be opened or operated in or
upon any street, park or other public place within the Borough of
Media unless and until a license has been issued for the same in accordance
with this chapter.
B.
A person seeking issuance of a license shall file
an application with the office of the Borough Manager on forms to
be provided by the Borough. Such application shall be delivered to
the office of the Borough Manager at least 10 days prior to the scheduled
event, or at least 60 days prior to the scheduled event if a public
street is proposed to be closed, provided that if the application
proposes the closing of any one block of a public street for purposes
of a residential block party, then the application needs to be filed
at least 10 days prior to the date of the block party.
[Amended 5-21-2009 by Ord. No. 1060]
C.
The application for a license shall set forth the
following information:
(1)
The name, address and telephone number of the person
or persons sponsoring the event.
(2)
If the application is made on behalf of or by an organization,
the name, address and telephone number of the headquarters of the
organization and of the authorized or responsible persons.
(3)
The date(s) upon which the event is to be conducted.
(4)
The requested route(s) to be traveled or the area
within the Borough requested to be used for the event, including the
starting point and the termination point.
(5)
The approximate number of persons who will constitute
the event and, if there are animals and vehicles, the approximate
number and types of animals and the approximate number and description
of vehicles.
(6)
The requested hours when the event will start and
terminate, and the requested times at which any portions of the event
will begin to assemble at a particular area or areas.
(7)
If the event will involve the serving of food upon
the public right-of-way, whether the event proposes to use portable
cooking equipment fueled by propane or other fuels.
(9)
The nature and extent of cleanup services that may
be required by the Borough Public Works Department.
D.
No license application will be considered or reviewed unless the application has been completed in its entirety and is accompanied by the requisite fee, which fee may be established from time to time by resolution of the Borough Council, and any additional amount that the Borough may determine to be necessary to reimburse the Borough for out-of-pocket expenses or damage to public property as described in and in accordance with § 155-4 of this chapter.
A.
The application for a license shall be reviewed by
the Police Chief, the Fire Marshal, and the Fire Chief, who shall,
within their respective areas of expertise, evaluate, at a minimum,
the following:
(1)
Whether the requested event will substantially interrupt
the safe and orderly movement of traffic within and contiguous to
the event.
(2)
Whether the requested event will require the Borough
to police such event, and whether the numbers of police officers assigned
to properly police such event will prevent the Borough from providing
adequate police protection to the remainder of the Borough.
(3)
Whether the requested event will unduly or substantially
interfere with proper and adequate fire and police protection or proper
or adequate ambulance service to the areas contiguous to such event
and the Borough in general, or whether to provide to such event numbers
of fire and emergency medical service personnel over and above the
staffing available for day-to-day fire and emergency medical service
operations.
(4)
Whether the requested event will substantially interfere
with the movement of fire-fighting equipment or ambulance service
to the Borough or to areas contiguous to the requested event.
(5)
Whether the requested event will otherwise substantially
interfere with or be a substantial detriment to the general health,
safety and welfare of the Borough.
(6)
Whether there are other events scheduled on the day
of the requested event.
B.
After such review, the Police Chief, Fire Marshal,
and Fire Chief shall submit their recommendations to the Borough Manager.
If the application does not propose the closing of any public streets,
the Borough Manager shall review the application and approve or deny
such application. If the application proposes the closing of any one
block of a public street, but only for purposes of a residential block
party, the Borough Manager shall review the application and approve
or deny such application. If the application proposes to close any
public street for any event other than a residential block party,
the Borough Manager shall forward the application and the recommendations
of the Police Chief, Fire Marshal, and Fire Chief to the Borough Council.
Thereafter, the Borough Council shall review the application and approve
or deny such application. In reaching such determination, the Borough
Manager or Borough Council, as appropriate, shall consider the reports
of the Police Chief, Fire Marshal, and Fire Chief and such other information
as Council deems relevant.
[Amended 5-21-2009 by Ord. No. 1060]
C.
In the case of the approval of a license, the Borough
may attach conditions regulating time, place and the manner in which
the event is conducted and such other conditions as will assure the
general health, safety and welfare of the Borough, its residents and
the people participating in such event. The Borough may determine,
at its sole discretion, that a certain event will require oversight
by an event manager, and, where the Borough makes such a determination,
the applicant shall be required to conduct such event in accordance
with the direction of the event manager that the Borough may appoint.
The Borough must expressly approve the serving of alcoholic beverages
in connection with an application. Under no circumstances shall a
mass gathering involve the serving of alcoholic beverages unless the
application for the mass gathering license expressly requests permission
for such and the Borough's approval expressly grants such permission
in writing.
[Amended 5-21-2009 by Ord. No. 1060]
E.
Notwithstanding anything contained herein to the contrary,
an application for an event that involves the serving of alcoholic
beverages may be denied by the Borough for any reason or no reason.
[Added 5-21-2009 by Ord. No. 1060]
In addition to the application fee authorized pursuant to § 155-2D hereof, the applicant for a license shall pay to the Borough an amount that the Borough shall calculate for purposes of reimbursing the Borough for any costs for police, fire, emergency medical services, public works, event manager, damage to public property or other expenses which the Borough may incur in connection with the event subject to the license. In the event that the Borough's estimate of costs exceeds the actual amount of costs incurred by the Borough, the Borough shall refund the difference to the applicant. In the event that the Borough's estimate of costs is less than the actual amount of costs incurred by the Borough, the applicant shall pay the difference within 30 days following written invoice therefor issued by the Borough.
A.
A licensee hereunder shall comply with all directions
and conditions contained within the license granted by the Borough
Council, the orders and directions of the event manager, and with
all applicable laws of the Borough and the Commonwealth of Pennsylvania.
B.
The authorized or responsible person of the organization
to whom the license is issued shall carry the license upon his or
her person during the conduct of such event.
A.
The Mayor or his duly authorized agent shall have
the right to suspend or revoke any license issued under this chapter
for violations of one or more of the regulations promulgated hereunder
and to order the removal of any person who shall fail to comply with
any condition contained in any license.
B.
Without limitation on the powers granted pursuant to Subsection A above, the Mayor or his duly appointed agent shall have the power to suspend or revoke any license issued under this chapter and to order the removal of any person for any of the following:
(1)
Failure to obtain appropriate licensure through the
Health Officer and the Fire Marshal for any cooking activities conducted
upon the public right-of-way.
(2)
Placement of booths, stages or other physical obstructions
within the traffic-code-restricted areas around fire hydrants. The
event manager may authorize the removal of any platforms or vehicles
that constitute a public safety hazard.
(3)
Failure to maintain all streets at all times accessible
to police, fire and emergency vehicles. Stationary platforms and rollback
tow trucks used for event stages will be positioned so that police,
fire and emergency medical vehicles can instantly enter upon State
Street. The event manager may authorize the removal of any platforms
or vehicles that constitute a public safety hazard.
(4)
Failure to control the placement of booths, merchandise
displays and similar fixed obstructions such that their maximum projection
extends past the outside edge of the designated parking spaces.
(5)
Failure to control vendors who do not cease the sale
of merchandise at the time designated for conclusion of the event.
Once vendor vehicles enter onto State Street to pick up booths, tables,
merchandise, etc., all sales will cease. Vendors continuing to sell
merchandise/product after the designated ending time will be banned
for life from participating in State Street events.
A.
No person shall hamper, obstruct, impede or interfere
with any event or with any person, vehicle or animal participating
or used in an event issued a license under this chapter.
B.
No driver of a vehicle shall drive between the vehicles
or persons comprising a parade or event when such vehicles or persons
are in motion and are conspicuously designated.
C.
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 any portion of a parade
route or event. 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.
Any person who shall be convicted of a violation
of any provision of this chapter before any District Justice shall
be sentenced to pay a fine of not more than $1,000, together with
the costs of prosecution.
[Added 8-20-2020 by Ord.
No. 1141]
A.
During the pendency of the July 1, 2020, order of Secretary of Health
Rachel Levine (the "order") and until such time as such order shall
be lifted or vacated, all persons attending an event for which the
Borough of Media has approved a mass gathering permit shall, prior
to or upon entering the area for which such permit was approved, wear
and continue to wear a face covering.
B.
"Face covering" shall mean a covering of the nose and mouth that
is secured to the head with ties, straps, or loops over the ears or
is wrapped around the lower face. A face covering can be made of a
variety of synthetic or natural fabrics, including cotton, silk, or
linen. For purposes of this section, a face covering includes a plastic
face shield that covers the nose and mouth. Face coverings may be
factory-made, sewn by hand, or be improvised from household items,
including but not limited to scarfs, bandanas, t-shirts, sweatshirts,
or towels. While procedural and surgical masks intended for healthcare
providers and first responders meet these requirements, such as N95
respirators, these specialized masks should be reserved for appropriate
occupational and health care settings. If the order is amended in
such a manner as to expand or refine the definition of "face covering,"
then any face covering complying with such amended order shall be
deemed to be acceptable under this section.
C.
Exceptions to face covering requirement. The following are exceptions to the face covering requirement in Subsection A:
(1)
Individuals who cannot wear a mask due to a medical condition, including
those with respiratory issues that impede breathing, mental health
condition, or disability;
(2)
Individuals who would be unable to remove a mask without assistance;
(3)
Individuals who are under two years of age;
(4)
Individuals who are communicating or seeking to communicate with
someone who is hearing-impaired or has another disability, where the
ability to see the mouth is essential for communication;
(5)
Individuals seated at a restaurant table.
D.
The Media Borough Police Department, Health Officer and Code Officials are all authorized to enforce this § 155-9 by the issuance of citations and as otherwise permitted by law or equity. Persons violating this § 155-9 shall be subject to removal from the event and a fine of not more than $1,000 per occurrence.
