[HISTORY: Adopted by the Borough Council
of the Borough of Wilkinsburg 11-29-1995 by Ord. No. 2509.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A266.
[1]
Editor's Note: This ordinance also repealed former Ch. 205,
Public Gatherings, adopted 10-28-1991 by Ord. No. 2388, as amended.
Any use of the public property such as streets,
parks, parklets, playgrounds or parking lots for a privately sponsored,
organized or planned event or gathering of any kind requires the issuance
of a permit by the Borough of Wilkinsburg. Permit applications are
to be obtained in the Borough Manager's office.
A.
Applications for permits shall be submitted not less
than seven (7) calendar days prior to the date of the gathering. Each
permit shall include information on the number of people expected
to attend, the extent of interference with public rights-of-way, if
any, the extent and nature of commercial activity (e.g., the sale
of food or merchandise), if any, special services which may be required,
such as electricity, sanitary facilities, or waste removal, the provisions
for security and traffic control, copies of permits from any other
governmental agency or political subdivision, specifically including
Pennsylvania Department of Transportation and the Allegheny County
Health Department, and the names, addresses and phone numbers of persons
responsible for the event.
B.
The Parks and Recreation Advisory Board (the “Board”)
shall review the application and determine whether it is complete
and specify the applicable amount of the permit fee and deposit, if
any. Upon finding that the application is complete and that the permit
fee and deposit have been paid, the Board shall issue a permit for
the proposed gathering. The Board is also authorized to impose a reasonable
time, place and other restrictions or conditions upon the public gathering
to reduce unnecessary interference with public rights-of-way and the
peace and enjoyment of the community.
[Amended 1-20-2010 by Ord. No. 2830]
C.
The Board shall meet once per month to review applications
for permits. In the event that an applicant requires an application
to be reviewed prior to the next scheduled meeting of the Board, the
Borough Manager and the Chief of Police shall act in the Board’s
stead.
[Amended 1-20-2010 by Ord. No. 2830]
A.
For the purposes of this chapter, a "commercial event"
is any event which involves the sale of food and/or merchandise.
B.
All events which are not commercial events shall require
the payment of a permit fee of $50 for Wilkinsburg residents and $75
for nonresidents and a damage deposit of $100 for residents and $150
for nonresidents. All commercial events shall require the payment
of a permit fee of $200 and a damage deposit of $250 for Wilkinsburg
organizations or a permit fee of $300 and damage deposit of $500 for
non-Wilkinsburg organizations. The Board is authorized to permit athletic
teams to pay a flat fee of $250 per season for the use of ball fields/courts
for practice and/or games. The damage deposit for Wilkinsburg team
organizations is $250 and $500 for non-Wilkinsburg organizations.
[Amended 1-20-2010 by Ord. No. 2830]
|
Type of Use
|
Fee
| ||
|---|---|---|---|
|
Parks/pavilions/playgrounds:
| |||
|
Permit for Wilkinsburg residents
|
$50
| ||
|
Permit for non-Wilkinsburg residents
|
$75
| ||
|
Damage deposit for Wilkinsburg residents
|
$100
| ||
|
Damage deposit for non-Wilkinsburg residents
|
$150
| ||
|
Ball fields/courts:
| |||
|
Wilkinsburg organizations, per season
|
$250
| ||
|
Non-Wilkinsburg organizations, per season
|
$350
| ||
|
Rental fee for Wilkinsburg residents/organizations, per day
|
$50
| ||
|
Rental fee for non-Wilkinsburg residents/organizations, per
day
|
$75
| ||
|
For 90 minutes
|
$35
| ||
|
Damage deposit for Wilkinsburg organizations
|
$250
| ||
|
Damage deposit for non-Wilkinsburg organizations
|
$500
| ||
|
Commercial events:
| |||
|
Rental fee for Wilkinsburg organizations
|
$200
| ||
|
Rental fee for non-Wilkinsburg organizations
|
$300
| ||
|
Damage deposit for Wilkinsburg organizations
|
$250
| ||
|
Damage deposit for non-Wilkinsburg organizations
|
$500
| ||
|
Programs/activities
|
Varies; nominal fees based upon program costs
| ||
C.
For any commercial event, the applicant shall further
be required to submit to the Committee proof of insurance. The required
amount of insurance shall be not less than $300,000 and not greater
than $1,000,000. The specific amount shall be determined by the Committee
upon consideration of the size and nature of the commercial activity.
Upon cause shown by the applicant, the Committee is authorized to
waive or reduce the amount of insurance required.
D.
The Board will establish a written policy for granting waivers or
reductions in permit fees in special circumstances. Requests for waivers
shall be submitted in writing by the organization. Waivers will be
granted solely on the express written approval of the Board.
[Amended 1-20-2010 by Ord. No. 2830]
E.
The payment of a damage deposit is for the protection of public property
and to offset any loss to the Borough caused by damage to public property.
The deposit is fully refundable upon a showing by the applicant that
no damage to public property resulted from the event. The deposit
will be refunded after the public property has been inspected by the
Department of Public Works and no later than 10 days following the
event.
[Amended 1-20-2010 by Ord. No. 2830]
F.
Should the event require any special services, such as electricity,
sanitary facilities, waste removal, security or traffic control, the
applicant shall be obligated for the provision or cost of the special
services.
[Amended 1-20-2010 by Ord. No. 2830]
G.
Any failure to pay the permit fee as determined by the Board, to
provide sufficient proof of insurance or to obtain a waiver of the
payment of the fee from the Board shall result in the application
being considered incomplete and, therefore, rejected.
[Added 1-20-2010 by Ord. No. 2830]
H.
Applicants who withdraw an application may request a refund of fees
paid. The amount of the refund will be reduced in accordance with
the following schedule and based upon the time the application was
made to the date of the request for refund:
[Added 1-20-2010 by Ord. No. 2830]
I.
Permit fees and deposits must be made by cash, money order, cashier's
check or credit card only, except that governmental units may pay
with business checks. No personal checks will be accepted.
[Added 1-20-2010 by Ord. No. 2830]
J.
The permit holder or contact person at the event must have the permit
available at all times for inspection by authorized personnel of the
Borough of Wilkinsburg.
[Added 1-20-2010 by Ord. No. 2830]
[Amended 1-20-2010 by Ord. No. 2830]
A.
Any person
or persons who violate any of the provisions of this chapter shall,
upon conviction, be subject to a fine of not less than $500 and no
more than $1,000 together with the cost to repair any damages and
legal fees, for each offense and, in default of payment thereof, shall
be subject to imprisonment in the Allegheny County Jail for a period
not exceeding 30 days.
B.
The Borough
may institute proceedings under this section by the issuance of a
"notice of violation letter," assessing a civil penalty ranging from
$10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Added 5-9-2012 by Ord. No. 2892]
