[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone 6-13-1988 by Ord. No. 514, approved 6-13-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 277.
This chapter shall be known and may be cited as the "Parade
Ordinance of the Borough of Eddystone."
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Eddystone.
The Chief of Police of the Borough of Eddystone.
The Council of the Borough of Eddystone.
Any parade, march, ceremony, show, exhibition, pageant 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 anybody 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 less 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 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 time 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 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)
Insurance requirements.
(a)
Any person applying for a permit in accordance with this chapter
shall produce a public liability insurance policy evidencing liability
coverage in the minimum amounts of $100,000 per claimant with an aggregate
coverage of $300,000 for all claims.
(b)
Any person applying for a permit in accordance with this chapter
shall show proof that they have added the Borough as an additional
insured on their liability insurance policy.
(13)
Any person applying for a permit in accordance with this chapter
shall post a bond or a certified check in the minimum amount of $500.
Said amount shall be posted to cover any additional expenses incurred
by the Borough for assistance, manpower, equipment and facilities
of the Borough expended in the monitoring and control of said parade
and/or assembly. The amount of $500 aforementioned is understood to
be a minimum amount and said amount may be increased if the Chief
of Police, after consulting with the Borough Council, determines that
the expenses in monitoring and controlling the parade and/or assembly
shall be more than the $500 aforementioned.
(14)
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 less 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/she finds that:
A.
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
B.
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.
C.
The concentration. of persons, animals and vehicles at assembly points
of the parade will not unduly interfere with proper fire and police
protection of, or ambulance services to, areas contiguous to such
assembly areas.
D.
The conduct of such parade will not interfere with the movement of
fire-fighting equipment en route to a fire.
E.
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route.
F.
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/she shall mail to the applicant, within
10 days after the day upon which the application was filed, a notice
of his action stating the reasons for his denial of the permit.
Any person aggrieved shall have the right to appeal the denial
of a parade permit to the Council. The appeal shall be taken within
five days after notice. The Council shall act upon the appeal at the
next scheduled Council meeting.
The Chief of Police, 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 different from that named by
the applicant. An applicant desiring to accept an alternate permit
shall, within seven days after notice of the action of the Chief of
Police, file a written note of acceptance with the Chief of Police.
An alternate parade permit shall conform to the requirements of and
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 the 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 a part 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.
The Chief of Police shall have the authority to revoke a parade
permit issued hereunder upon application of the standards for issuance
as herein set forth.
[Amended 1-9-1989 by Ord. No. 524, approved 1-9-1989]
Any person, firm or corporation who shall be convicted of a
violation of any of the provisions of this chapter before any District
Justice shall be sentenced to pay a fine of not more than $1,000 and
costs of prosecution and, in default thereof, to imprisonment in the
county jail for a term not to exceed 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.
