[HISTORY: Adopted by the Borough Council of the Borough of Edgeworth 10-15-1991 by Ord. No. 436. Amendments noted where applicable.]
It is hereby declared that:
The safety of the public, access to and enjoyment of public roads and facilities and the preservation of private property are fundamental goals of government.
To accomplish these fundamental goals, the Borough of Edgeworth allocates a portion of its limited financial resources to the operation of a Police Department and the maintenance of public recreational facilities, parks and thoroughfares.
The presence of uniformed police officers at all exhibitions or parades is deemed a necessity to the public.
The efficient operation of the Police Department requires careful planning to eliminate unbudgeted and extraordinary expenses.
Public exhibitions and parades may create congestion on public roads and other public and private lands and may present a public safety hazard that diverts police resources away from providing adequate protection to the community as a whole and creates unbudgeted overtime expense.
Public exhibitions and parades may block access to both commercial and residential property causing inconvenience and disrupting commerce.
The allocation of use of Edgeworth's public parks and facilities to allow for their peaceful enjoyment by its citizens and to conserve the resources of such facilities is an important interest of the Borough.
Notwithstanding the provisions of this chapter, full and ample means exist, and will continue to exist, for the exercise of freedom of speech and other constitutional rights.
The provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results herein set forth and are enacted by the Council of Edgeworth pursuant to the provisions of the Borough Code, at 53 P.S. § 46202(1), (3), (6), (17), (20), (30) and (74).
It shall be unlawful for any person, group or enterprise to conduct or participate in a public exhibition or parade without a permit issued in accordance with this chapter.
Any person, group or enterprise who desires to conduct a public exhibition or parade shall apply to the office of the Mayor for a permit at least 14 days prior to the proposed date. No permit processing fee will be charged for the issuance of a permit under any circumstances. In the Mayor's absence, the Chief of Police, or other official designated by the Mayor, shall exercise the Mayor's full authority as conferred by this chapter. Permit applicants shall be required to furnish specific information concerning the time, place, manner, purpose and size of the proposed public exhibition or parade. The applicant shall state the number of persons and motor vehicles expected as well as where parking and any gathering of persons will take place. The applicant shall also state what person or persons shall be responsible for control of the proposed event. The person so designated as responsible for control shall be specially, but not exclusively, responsible for the violation of any provisions of this chapter or of any limitations in the permit and shall endorse the application for the permit accepting such responsibility and legal liability. The person so designated as responsible must provide the Borough with satisfactory evidence of financial responsibility for any damage to public or private property as a consequence of the parade or exhibition. The aforementioned provision notwithstanding, the Mayor shall not deny an application on the grounds that the applicant has insufficient financial resources to insure public and private property from possible injury. The Mayor shall, however, refuse to process a permit if the applicant fails to reasonably disclose his financial resources to fulfill the aforementioned requirement.
[Amended 10-20-1992 by Ord. No. 439]
Authority of Mayor.
The Mayor shall have the authority in furtherance of this chapter to designate by permit various time, place and manner restrictions on any public exhibition or parade, to include but not be limited to the following:
Time and place of commencement and ending.
Public property to be utilized.
Route of march.
Composition of parade, to include the number of persons in each marching unit, the distance between those units, the maximum permissible size of marching unit formations and the maximum length of the parade.
In exercising such authority, the Mayor shall give due consideration to the declarations of this chapter and to the anticipated size of the parade or exhibition, and the effect of the parade or public exhibition, if any, on the following:
The safe and efficient flow of traffic.
Access by nonparticipants to public roads, thoroughfares and facilities.
Access to and from, and the quiet enjoyment of, private property.
The ability of the Borough to provide police, fire and other important services to participants and nonparticipants, and the cost thereof.
Reasons for denial.
In order to further and achieve the policies declared in this chapter, the Mayor shall not issue a permit if:
A conflict exists between the time and place requested and the time and place of a previously issued permit;
The permit request is solely for a commercial purpose;
The diversion of police or other public services to the public exhibition or parade would deny reasonable police protection or public services to the remainder of the Borough; or
A parade or public exhibition was conducted by, or a permit was issued to, the same person, group or enterprise (or persons advocating, endorsing or sponsoring the same or substantially similar programs or messages as the applicant) in the six-month period prior to the proposed date.
No permit shall issue for parades or public exhibitions of a planned or anticipated duration in excess of two hours, nor shall any parade or public exhibition take place other than in daylight hours, or before 1:00 p.m. (prevailing time) on any Sunday.
No person intending to cast sound on the streets, sidewalks or other public property shall use, operate or maintain any loudspeaker, megaphone or other sound-amplification equipment, apparatus or device which mechanically or electronically emits such sound, whether such is hand-carried; mobile, as used in a motor vehicle, helicopter or airplane; affixed to a building, pole or other fixture; or located on the ground.
Any permit may be revoked by the Mayor or his designee at any time upon failure of the permittee to abide by this chapter. Further, in the event the Mayor or his designee denies any permit application, in whole or in part, or issues a permit on conditions other than those requested, he/she shall promptly so notify the applicant, in writing, stating his reasons therefor.
As used in this chapter, the following terms shall have the meanings indicated:
- Any assemblage, meeting, group or procession of persons or vehicles, separately or in combination, which occupies, marches or assembles upon any street, sidewalk, thoroughfare or public property in the Borough or which interferes with, interrupts or excludes (in whole or part) other persons in their legal right to the use thereof or in the free and peaceful use and enjoyment of any private property.
- PUBLIC EXHIBITION
- Includes theatrical programs, amusements, dances, displays, open houses, house tours or any other entertainment or demonstrations which are conducted at or occupy any outdoor public place within the Borough of Edgeworth.
Any person violating the provisions of this chapter shall, upon conviction, be fined not more than $1,000, together with the costs of prosecution, and, in default of payment of such forfeiture and costs of prosecution, shall be imprisoned until such forfeiture and costs are paid, but not to exceed 30 days. Each violation of this chapter and each day the same is continued shall constitute a separate violation hereof. In addition, the Borough may seek equitable relief to enforce this chapter.