[HISTORY: Adopted by the Borough Council of the Borough of
Boyertown 4-5-1993 by Ord. No.
3-93. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
An organization, civic club, church or school which seeks
to obtain a permit from the Borough to hold a parade on the public
streets of the Borough.
The Borough of Boyertown, Berks County, Pennsylvania.
The duly constituted legislative body of the Borough of Boyertown.
The appointed Borough Manager of the Borough of Boyertown.
The Christmas parade sponsored by the Boyertown Area Chamber
of Commerce, the Halloween parade sponsored by the Boyertown Area
Jaycees and the Memorial Day parade sponsored by veteran groups.
An organized procession containing three or more vehicles,
except funeral processions, upon any public street, sidewalk or alley
in the Borough.
The hourly cost to the Borough of providing police protection,
fire protection, standby emergency medical services, sanitary services,
cleanup and trash removal and other necessary services for a parade,
motorcade, meeting or rally as established annually by resolution
of the Borough Council.
Any march or procession consisting of people, animals or
vehicles or any combination thereof, except funeral processions, upon
any public street, sidewalk or alley in the Borough, which does not
comply with the normal and usual traffic regulations or controls.
A form provided by the Borough for use in applying for a
parade permit hereunder.
It shall be unlawful for any person to conduct a parade or motorcade
in or upon any public street, sidewalk or alley in the Borough or
to knowingly participate in any such parade or motorcade unless a
permit to conduct such parade or motorcade has been obtained from
the Borough Manager or, as hereinafter provided, from the Borough
Council.
No permit shall be issued authorizing the conduct of a parade
or motorcade which the Borough Manager finds is intended to be held
for the sole purpose of advertising any product, goods, wares, merchandise
or event and is designed to be purely for private profit.
Any person who wishes to conduct a parade or motorcade shall
apply to the Borough Manager for a permit at least 120 days in advance
of the date of the proposed parade or motorcade. The Borough Council
may, in its discretion, consider any application for a permit to conduct
a parade or motorcade which is filed less than 120 days prior to the
date such parade or motorcade is to be conducted. The application
for such permit shall be made, in writing, on a parade permit application
form provided by the Borough. In order that adequate arrangements
may be made for the proper policing of the parade or motorcade and
for other municipal services, the application shall contain the following
information:
A.
The name of the applicant, the sponsoring organization, the parade
or motorcade Chairman and the addresses and telephone numbers of each.
B.
The purpose of the parade or motorcade, the date when it is proposed
to be conducted, the proposed location of the assembly area, the proposed
location of the disbanding area, the proposed route to be traveled
and the proposed times when the parade or motorcade and any meeting
or rally connected therewith to be held on municipal property will
assemble, commence and terminate.
C.
A description of the individual floats, marching units, vehicles,
bands and other units which will participate in the parade, including
a description of any sound amplification equipment to be used.
D.
The estimated number of participants.
E.
Such other information as the Borough Manager may deem necessary.
A.
The Borough Manager shall approve or disapprove the application for
a parade permit not less than 60 days prior to the scheduled date
of the parade as shown on the application.
B.
Standards of issuance. The Borough Manager shall issue a parade or
motorcade permit conditioned upon the applicant's written agreement
to comply with the terms of the permit, unless the Borough Manager
finds that:
(1)
The time, route and size of the parade or motorcade requested by
the applicant will disrupt to an unreasonable extent the movement
of vehicle traffic in or through the Borough;
(2)
The parade or motorcade is of a size that will require the diversion
of so great a number of police officers of the Borough to properly
police the parade route and the areas contiguous thereto that permitting
the parade or motorcade will deny reasonable police protection to
the Borough;
(3)
The parade or motorcade will interfere with another parade for which
a permit has been issued; or
(4)
The Pennsylvania State Police will not be able to provide auxiliary
police services for the proposed event.
C.
Standards for denial. The Borough Manager shall deny an application
for a parade or motorcade permit and notify the applicant of such
denial where:
(1)
The Borough Manager makes any finding contrary to the findings required
to be made for the issuance of a permit.
(2)
The information contained in the application is found to be false
or incomplete in any material detail.
(3)
The applicant refuses to agree to abide by or comply with all conditions
of the permit.
A.
The Borough will fund expenditures within the general fund budget for normal parade expenses for the three budgeted parades defined above in § 130-1 of this chapter.
B.
Every applicant for a permit to conduct a parade in addition to the
three budgeted parades shall pay an application processing fee of
$85.
C.
Upon approval of the application for a parade permit, the applicant
shall deposit with the Borough 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 motorcade and any meeting
or rally connected herewith, as stated in the application, in order
to cover the Borough's estimated expenses for the parade, including
but not limited to the costs of police protection, fire protection,
emergency medical services, sanitary services, cleanup and trash removal.
If the actual costs of municipal services used for a permitted event,
as determined no sooner than 30 days after the conclusion of the event,
are less than the amount deposited by the applicant at the time of
the issuance of the permit, than such excess amount shall be refunded
to the applicant within 90 days after the conclusion of the event.
[Amended 9-5-2000 by Ord.
No. 4-00]
D.
If a permitted parade, motorcade, meeting or rally 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 Borough
for such excess time.
A.
In each permit the Borough Manager shall specify the following:
(1)
The date of the parade or motorcade.
(2)
The assembly area and time therefor.
(3)
The starting time.
(4)
The minimum and maximum speeds.
(5)
The route of the parade or motorcade.
(6)
The portions of streets to be traversed which may be occupied by
such parade or motorcade.
(7)
The maximum number of platoons or units which may participate in
the parade or motorcade and the maximum and minimum intervals of space
to be maintained between the units during such parade or motorcade.
(8)
The maximum length of such parade or motorcade in miles or fractions
thereof.
(9)
The disbanding area and disbanding time.
(10)
The number of persons required to monitor the parade or motorcade.
(11)
The number and types of parade vehicles, if any.
(12)
The material and maximum size of any sign, banner, placard or
carrying device therefor.
(13)
That the materials used in the construction of floats used in
the parade shall be of fire-retardant materials and shall be subject
to such requirements concerning fire safety as may be determined by
the Fire Chief.
(14)
That the permittee shall advise all participants in the parade
or motorcade, either orally or by written notice, of the terms and
conditions of the permit prior to the commencement of such parade
or motorcade.
(15)
That the amplification of sound permitted to be emitted from
sound trucks or bull horns be fixed and not variable.
(16)
That the parade or motorcade continue to move at a fixed rate
of speed and that any willful delay or willful stopping of said parade
or motorcade, except when reasonably required for the safe and orderly
conduct of the parade or motorcade, shall constitute a violation of
the permit.
(17)
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 motorcade.
(18)
Such requirements as are found by the Borough Manager to be
reasonably necessary for the protection of persons or property.
B.
All conditions of the permit shall be complied with so far as is
reasonably practicable.
A.
Upon a denial by the Borough Manager of an application made pursuant to § 130-4 of this chapter, the applicant may appeal from the determination of the Borough Manager within five days thereafter to the Borough Council by filing a written notice of appeal and request for a hearing by the Borough Council at its next meeting. Upon such appeal, the Borough Council may affirm, reverse or modify in any regard the determination of the Borough Manager.
B.
In the event that an application is not filed within the time required by § 130-4, the applicant may request a waiver of such requirement by the Borough Council at its next regular meeting, and the Borough Council, 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 motorcade,
the Borough Manager shall send a copy thereof to the following:
The Borough 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 permit application to other routes and areas
at any time prior to the parade if the Borough Manager determines
that the safety of the public or property requires such changes. Notice
of such action shall be delivered, in writing, to the permittee by
personal service or by certified mail.
Any permit for a parade or motorcade issued pursuant to this
chapter may be summarily revoked by the Borough Manager at any time
when, by reason of the occurrence of a disaster, public calamity,
riot or other emergency, the Borough Manager 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 will not be required for any of the following
functions:
A.
Funeral processions.
B.
Wedding processions.
C.
Students going to and from school or other classes or educational
activities, provided that such activity is under the immediate direction
and supervision of the proper school authorities.
D.
A governmental agency acting within the scope of its functions.
E.
Regularly scheduled activities of organized groups including, but
not limited to, scouting organizations, little league and vacation
church schools.
No person shall knowingly join in any parade or motorcade conducted
under a permit issued by the Borough Manager in violation of any of
the terms of said permit nor knowingly join or participate in any
permitted parade or motorcade without the prior consent of the permittee
nor in any manner interfere with its progress or orderly conduct.
No driver of a vehicle shall drive among the vehicles or persons comprising
a parade when such vehicles or persons are in parade formation and
are in motion or are temporarily at rest in the parade route when
such vehicles or persons have been conspicuously designated as a parade.
The Police Department of the Borough 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 or motorcade. 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.
Any person violating any provision of this chapter shall be
guilty of a summary offense and, upon conviction thereof in a summary
proceeding, shall be sentenced to pay a fine of not less than $100
nor more than $250 or, in default thereof, shall be sentenced to imprisonment
for a term not exceeding 15 days, or both such fine and imprisonment.
