[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Gwynedd 6-28-1999 by Ord. No. 99-9. Amendments
noted where applicable.]
GENERAL REFERENCES
Special events — See Ch. 100.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
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.
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:
A.
The name, address and telephone number of the applicant,
the sponsoring person or organization, and the parade or assembly
chairman.
B.
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.
C.
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.
D.
The estimated number of participants.
E.
Such other information as the Township Manager may
deem necessary.
A.
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.
B.
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.
C.
Standards for denial. The Township Manager shall deny
an application for a parade or assembly permit and notify the applicant
of such denial if:
A.
Every applicant for a permit to conduct a parade or
assembly shall pay an application processing fee.
B.
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.
C.
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.
In each permit the Township Manager shall specify:
A.
The date of the parade or assembly.
B.
The assembly area and time therefor.
C.
The starting time.
D.
The minimum and maximum speeds.
E.
The route of the parade.
F.
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.
G.
The maximum length of such parade in miles or fractions
thereof.
H.
The disbanding area and disbanding time.
I.
The number of persons required to monitor the parade
or assembly.
J.
The number and types of parade vehicles.
K.
The material and maximum size of any sign, banner,
placard or carrying device thereof.
L.
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.
M.
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.
N.
That throwing objects, including candy, at spectators
is prohibited.
O.
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.
P.
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.
Q.
Such requirements as are found by the Township Manager
to be reasonably necessary for the protection of persons or property.
A.
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.
B.
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.
Immediately upon the granting of a permit for
a parade or assembly, the Township Manager shall send a copy thereof
to the following:
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.
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.
A parade permit shall not be required by any
of the following functions:
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.
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.
A.
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]
B.
Each day a violation is committed shall constitute
a separate offense and shall be punishable as such hereunder.
C.
This section shall not preclude the Township from
any other remedy it may have at law or equity.