[HISTORY: Adopted by the Borough Council of the Borough of
East Stroudsburg 6-30-2011 by Ord. No. 1244, approved 6-30-2011. Amendments
noted where applicable.]
A.
This chapter shall be known as and may be cited at the "Parade Ordinance
of the Borough of East Stroudsburg."
B.
The purpose of the permit system is not to exclude communication
of any particular content but to coordinate multiple uses of limited
space to assure preservation of the street, park and public facilities
and to prevent uses that are dangerous, unlawful, or impermissible
and to assure financial accountability for damages caused by any event.
As used in this chapter, the following terms shall have the
meanings indicated:
A gathering, meeting, demonstration 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
Borough parks, playgrounds, or recreation facilities.
The Borough of East Stroudsburg, Monroe County, Pennsylvania,
a municipality.
The Borough Manager of the Borough of East Stroudsburg, Monroe
County, Pennsylvania, or his/her designee.
The Mayor of the Borough of East Stroudsburg, Monroe County,
Pennsylvania.
Any march, procession, ceremony, show, exhibition, pageant
or motorcade of any kind or any similar display, consisting of people,
animals or vehicles, or any combination thereof, upon any public street,
sidewalk or alley in the Borough, which does not comply with the normal
and usual traffic regulations or controls.
A permit as required by this chapter.
Any individual or group of individuals, firm, partnership,
association, corporation, company or organization of any kind.
A public right-of-way or portion thereof intended for general
public use to provide means of travel for vehicles and pedestrians.
The word "street" shall include the words "street," "avenue," "road,"
"highway," "thoroughfare," "way," "drive," "lane," "court," "cul-de-sac,"
and "alley" but shall not include "driveway" or "sidewalk."
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 Borough or to knowingly participate
in any such parade or assembly unless a permit 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
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 Borough for a permit at least 30 days
in advance. The Borough Council 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 Borough. 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 chairperson or
person who will be responsible for its conduct.
B.
If the parade is proposed to be conducted for, on behalf of or by
any organization, the name, address, and telephone number of the headquarters
of the organization and of the authorized and responsible heads of
such organization.
C.
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.
D.
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.
E.
The estimated number of participants.
F.
The provisions for traffic control for or during the parade or assembly
and the means for ensuring the safety of participants and the general
public.
[Added 1-6-2014 by Ord. No. 1279, approved 1-6-2014[1]]
G.
Such additional information as the Borough Manager may deem necessary
in order to make a fair determination as to whether a permit should
be issued.
A.
Certificate of insurance required; amount of coverage.
(1)
Each person filing an application for a parade permit shall provide
to the Borough a certificate of insurance evidencing that the applicant
maintains insurance which will protect that person and the Borough
of East Stroudsburg from claims for damages for personal injury, including
accidental death, as well as claims for property damages which may
arise from the conduct of the parade. Excluded from any claim for
damages will be damages related to persons objecting to the content
of the proposed or actual message of the applicant. The amounts of
insurance coverage shall be as follows:
(2)
The certificate of insurance shall name the Borough of East Stroudsburg
as an additional insured and shall be provided by an insurance company
authorized to do business in the Commonwealth of Pennsylvania.
B.
No parade permit will be issued prior to receipt of a certificate
of insurance that complies with this section, as accepted by the Borough.
A.
Application fee. Every applicant for a permit to conduct a parade
or assembly shall pay an application processing fee, as established
by resolution of the Borough Council.
B.
Event fee. (Reserved for future use.)
C.
Deposit fee. In addition to the application fee, a refundable deposit
fee shall be charged to any person or organization applying for a
parade or assembly permit, to guarantee that no Borough facilities
or equipment are removed, damaged or rearranged; parade or walk signs
or markings are removed; and public rights-of-way are cleaned of litter
and debris and left in acceptable condition.
(1)
The
amount of deposit required shall be based on the number of people
estimated to participate in the parade, walk or assembly as follows:
|
Number of Participants
|
Deposit
| |
|---|---|---|
|
Up to 50
|
$50
| |
|
50 or more
|
$150
| |
|
250 or more
|
$500
|
(2)
The
deposit fee shall be refunded to the applicant within 30 days after
the parade, walk or assembly if Borough facilities or equipment utilized,
if any, or public rights-of-way are found to be left in acceptable
condition. If an inspection by the Borough after the parade, walk
or assembly finds that any Borough facilities or equipment utilized,
if any, are not left in acceptable condition or parade or walk signs
or markings have not been removed or public rights-of-way are littered
or otherwise not left in acceptable condition, then the deposit fee
shall be retained by the Borough to offset the costs of repairs and/or
cleanup by the Borough.
(3)
The
schedule of deposit fees may be amended from time to time by resolution
of Borough Council.
D.
Application fees and deposit fees may not be waived.
[Amended 1-6-2014 by Ord. No. 1279, approved 1-6-2014]
A.
The Borough Manager shall approve or disapprove the application for
a parade or assembly 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 Borough Manager shall not issue a parade
or assembly permit if he/she 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 Borough; or
(2)
The applicant is unable to demonstrate that satisfactory arrangements
have been made for traffic control for or during the parade or assembly,
or for ensuring the safety of participants and the general public.
The applicant shall be required to present sign-off from the Stroud
Area Regional Police Department, and from the East Stroudsburg University
Police Department if the route of the parade or assembly involves
any part of the ESU campus, that the applicant has conferred with
the Police Department(s) and that the Police Department(s) will be
able to properly police the parade route or assembly and the areas
contiguous thereto; and that the time, route, and/or the size of the
parade or assembly will not disrupt to an unreasonable extent police
protection to the Borough; or
[Amended 1-6-2014 by Ord. No. 1279, approved 1-6-2014]
(3)
The parade or assembly will interfere with another parade or assembly
for which a permit has been issued.
C.
Standards for denial. The Borough Manager shall deny an application
for a parade or assembly permit and notify the applicant of such denial
if:
(1)
The information contained in the application is found to be false
or incomplete in any material detail;
(2)
The applicant has not tendered the required insurance certificate
and/or the required sign-off from the Stroud Area Regional Police
Department, or the East Stroudsburg University Police Department,
if applicable.
[Amended 1-6-2014 by Ord. No. 1279, approved 1-6-2014]
(3)
The applicant is legally incompetent to contract or to sue or be
sued;
(4)
The applicant or the person on whose behalf the application for the
permit was made has on prior occasions damaged Borough property and
has not paid in full for such damages or has other outstanding and
unpaid debts to the Borough;
(5)
The use or activity proposed by the applicant would conflict with
a previously issued permit to another applicant or would conflict
with previously planned programs organized and conducted by the Borough
and scheduled for the same time and place;
(6)
The proposed use or activity is prohibited by or inconsistent with
the classifications and uses of any street, park or other public facility
or place in the Borough;
(7)
The proposed use or activity would present an unreasonable danger
to the health or safety of the applicant, or other users of any street,
park, or other public facility or place in the Borough, of Borough
employees or of the public;
(8)
The applicant has not complied with or cannot comply with applicable
ordinances, regulations, or requirements of the Borough concerning
the sale or offering for sale of goods or services;
(9)
The applicant refuses to comply with any or all conditions of the
permit.
D.
Notice of denial. If a permit is denied, the denial shall clearly
explain the reasons for the denial and what, if anything, must be
done to correct the reason for denial.
In each permit issued by the Borough, the permit shall specify:
A.
The date of the parade or assembly.
B.
The assembly area and time therefor.
C.
The starting time and anticipated ending time of the parade.
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 of fire-retardant materials and shall be subject to such
requirements concerning firesafety 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 additional requirements as are found by the Borough Manager
to be reasonably necessary for the protection of persons or property.
A.
Upon a denial or significant modification by the Borough Manager of an application made pursuant to § 110-5 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. 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 § 110-5, the applicant may request a waiver of such requirement by Borough Council at its next regular meeting, and Borough Council may, in its sole discretion, 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 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 or assembly permit application to other routes
and areas, at any time prior to the parade or assembly, if the Borough
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.
A.
Any permit for a parade or assembly issued pursuant to this chapter
may be summarily withdrawn or revoked by the Borough Manager at any
time when, by reason of the occurrence of a disaster, public calamity,
emergency, or severe adverse weather conditions, the Borough Manager,
together with the Mayor and Chief of Police of the Stroud Area Regional
Police Department, determines that the safety of the public or property
requires such revocation.
B.
Any permit for a parade or assembly issued pursuant to this chapter shall be revoked if the applicant has not paid any required fees or deposits as provided for in § 110-7 above.
C.
Any permit for a parade or assembly issued pursuant to this chapter
may also be revoked by the Borough Manager if there shall have been
committed any breach of the terms and conditions under which the permit
was issued or a violation of the terms of this chapter.
D.
If a permit is revoked, the revocation shall clearly explain the
reason for the revocation and what, if anything, must be done to correct
the reason for 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 Borough 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 Stroud Area Regional Police Department 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 for each and
every offense. All fines and penalties imposed by this chapter are
recoverable by summary proceedings before the District Justice, and
all suits or actions at law instituted for the recovery thereof are
to be in the name and for the use of East Stroudsburg Borough, against
which the offenses are committed. In default of payment of any fine
or penalty imposed by any District Justice under the provisions of
this chapter, the person or persons so offending may be committed
to the Monroe County Jail for a period not exceeding 30 days.
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 Borough from any other remedy
it may have at law or equity.
