[HISTORY: Adopted by the Borough Council of the Borough of Mount
Oliver 7-19-2004 by Ord. No. 877. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Parade Ordinance
of the Borough of Mount Oliver."
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of Mount Oliver.
The Chief of the Borough of Mount Oliver.
The Council of the Borough of Mount Oliver.
Any parade, march, ceremony, show, exhibition, pageant, rally, or
procession of any kind or any similar display in or upon any street, park
or other public place in the Borough.
A permit as required by this chapter.
Any person, firm partnership association, corporation, company or
organization of any kind.
A.
No person shall engage in, participate in, aid, form
or start any parade unless a parade permit shall have been obtained from the
Chief of Police.
B.
Exceptions. This chapter shall not apply to:
(1)
Funeral processions.
(2)
Wedding processions.
(3)
Students going to and from school classes or participating
in educational activities, provided that such conduct is under the immediate
direction and supervision of the proper school authorities. This exception
does not apply to parades organized by a school or any body thereof more than
24 hours prior to the occurrence.
(4)
A governmental agency acting within the scope of its
functions.
A person seeking issuance of a parade permit shall file an application
with the Chief of Police on forms provided by such officer.
A.
Filing period. An application for a parade permit shall
be filed with the Chief of Police not fewer than 30 days nor more than 60
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, on behalf
of, or by an 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 chairman and who will be responsible for its conduct.
(4)
The date when the parade is to be conducted.
(5)
The route to be traveled, the starting point and the
termination point.
(6)
The approximate number of persons who and animals and
vehicles which will constitute such parade; the type of animals and a description
of the vehicles.
(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 traveled.
(9)
The location by streets of any assembly areas for such
parade.
(10)
The lime at which units of the parade will begin to assemble
at any such assembly area or areas.
(11)
If the parade is designed to be held by and on behalf
of or for any person other than the applicant, the applicant for such person
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.
(12)
Any additional information which the Chief of Police
shall find reasonably necessary to a fair determination as to whether a permit
should be issued.
C.
Late applications. The Chief of Police, where good cause
is shown therefor, shall have the authority to consider any application hereunder
which is filed fewer than 30 days before the date such parade is proposed
to be conducted.
The Chief of Police shall issue a permit as provided for hereunder when,
from a consideration of the application and from such other information as
may otherwise be obtained, he finds that:
A.
The conduct of the parade will not substantially interrupt
the safe and orderly movement of traffic within the Borough of Mount Oliver
on and contiguous to the proposed route so as to create a real and present
danger to the health, safety and welfare of the residents of the Borough of
Mount Oliver.
B.
The conduct of the parade will not create a real and
present danger to the health, safety and welfare of the citizens of the Borough
of Mount Oliver by preventing fire-fighting equipment, ambulances, rescue
vehicles and/or police vehicles from being able to reach any property in the
Borough of Mount Oliver.
C.
The conduct of such 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 conduct of such parade wilt 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.
E.
The conduct of the parade is not reasonably likely to
cause injury to persons or property, to provoke disorderly conduct or to create
a disturbance.
F.
The conduct of the parade is not reasonable likely to
cause injury to persons or property, to provoke disorderly conduct or to create
a disturbance.
G.
The parade is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays
en route.
H.
The parade is not designed to be held purely for private
profit.
The Chief of Police shall act upon the application for a parade permit within 10 days after the filing thereof. If the Chief of Police disapproves the application, he shall mail to the applicant, by certified mail within 10 days after the day upon which the application was filed, a notice of his action stating with specificity the reasons for his denial of the permit. Said notice shall also advise the applicant of his or her right to file an appeal and shall also advise him or her of the procedure for filing an appeal by providing him or her with a copy of § 165-7, Appeals.
Any person aggrieved shall have the right to appeal the denial of a
parade permit to Borough Council. The appeal shall be taken by sending a letter
to the Borough Secretary requesting that Borough Council hear an appeal of
the decision to deny a parade permit. This letter must be sent by certified
mail or delivered to the Borough Office of the Borough of Mount Oliver at
150 Brownsville Road, Mount Oliver, Allegheny County, Pennsylvania, and must
be received by the Borough Secretary within 10 days from the date on which
the applicant received notice of the denial of the application for a parade
permit. Borough Council must render a decision on said appeal, in writing,
within 10 days of receipt of the appeal.
Where the Chief of Police, after applying the standards set forth in § 165-5 above, shall find that the application for issuance of a permit for a parade on the date, at the time and over the route requested by the application must be denied, he may, in addition to advising the applicant of the denial of the application, also issue an alternate permit which authorizes the conduct of the parade on a date, at a time or over a route different from that named by the application. The alternate permit shall be sent to the applicant by certified mail, together with the letter required by § 165-6 above. Whenever the Chief of Police shall issue an alternate permit, the letter sent to the applicant, in addition to conforming to the requirements of § 165-6 above, shall also advise the applicant that, if the applicant wishes to accept the alternate permit, the applicant must mail or deliver a letter to the Borough Secretary of the Borough of Mount Oliver at 150 Brownsville Road, Mt. Oliver, Pennsylvania, in which the applicant accepts the alternate permit and, further, advising the applicant that this letter must be received within 10 days after receipt by the applicant of the letter sent to the applicant pursuant to § 165-8 above. The applicant shall also be advised that, unless the applicant accepts the alternate permit within 10 days, the alternate permit will be void and of no effect. Finally, the applicant shall also be advised that the applicant may either accept the alternate permit or pursue an appeal of the denial of a parade permit for the date, time and route requested by the applicant by following the procedure set forth in § 165-6 above. An alternate parade permit issued pursuant to this section shall be issued pursuant to the standards set forth in § 165-6 above and, if accepted by the applicant in the manner provided above, shall have the effect of a parade permit under this chapter.
Immediately upon the issuance of a parade permit, the Chief of Police
shall send a copy thereof to the following:
Each parade permit shall state the following information:
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 a parade.
B.
Driving through parade. 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 designed 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 a highway or part thereof constituting apart of a 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.
Any person, firm or corporation violating any of the provisions of this
chapter shall, upon conviction thereof, be fined in an amount not exceeding
$1,000 or be imprisoned for a period not exceeding 30 days, or be both so
fined and imprisoned. Each day such a violation, is committed or permitted
to continue shall constitute a separate offense and shall be punishable as
such hereunder.
