[Ord. 1040, 5/22/2002, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
A public display or expression of group feelings toward a
person or cause; or a show of force.
A type of special event that is a public gathering that may
or may not include the consumption of adult alcoholic beverages. This
type of event may include, but not be limited to, music concerts,
craft brewing or wine-making events, and arts and craft shows.
[Added by Ord. No. 1161-2019, 7/2/2019]
Any gathering in or upon which the streets are occupied for
the purpose of a march, procession or demonstration.
Any individual or group of individuals, association, partnership,
firm or corporation. The singular shall include the plural, and the
masculine shall include the feminine and the neuter.
A group of individuals moving along in an orderly or disorderly
way in a manner other than for normal pedestrian or vehicular traffic.
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."
[Ord. No. 1040, 5/22/2002, § 1; amended by Ord. No. 1161-2019, 7/2/2019]
No parade or festival shall be conducted by any person upon
any street or park in the Borough of Mechanicsburg without first obtaining
a permit from the Mayor or his or her designee. No person shall participate
in a parade or festival prior to full compliance with the applicable
provisions of this Part. In the exercise of his or her own powers
and duties herein, the Mayor may delegate to the Chief of Police full
authority to administer this Part.
[Ord. No. 1040, 5/22/2002, § 1; amended by Ord. No. 1161-2019, 7/2/2019]
1.
The application for a parade permit shall be made on a form prescribed by the Borough and shall be filed with the Mayor, or his or her designee, at least 21 days in advance of the proposed parade date. No fee shall be charged for such permit; however, all costs set forth in § 21-904(3) shall be paid. An escrow deposit, in an amount established by resolution of the Borough Council from time to time, shall be paid at the time of application and shall be applied to the costs set forth in § 21-904(3).
2.
The following information shall be given on said application:
A.
The name, address and telephone number of the person seeking to conduct
such parade and requesting the permit.
B.
If other than a natural person, the names, addresses and telephone
numbers of other persons of responsibility seeking to conduct such
parade and requesting a permit.
C.
The name, address and telephone number of the person or persons who
will be in charge of and who will be responsible for its conduct.
D.
A concise statement of the purpose of the parade.
E.
The proposed date of the parade.
F.
The approximate number of persons and vehicles in the parade.
G.
The approximate size and length of the parade.
H.
A map depicting the course of the parade.
I.
The estimated hours of duration.
[Ord. No. 1040, 5/22/2002, § 1; amended by Ord. No. 1161-2019, 7/2/2019]
1.
The Mayor, or his or her designee, shall have limited authority to
designate an alternate date, time, duration or course for any parade
upon any street for which a permit is required. This authority shall
be exercised solely to accommodate competing demands on the use of
public streets. Applicants are encouraged to meet with the Mayor,
or his or her designee, in advance of filing any application to discuss
their needs and to learn of any traffic or competing conditions which
could affect the date, time, duration or course of the intended parade.
2.
The Mayor, or his or her designee, shall have the authority to determine
the personnel, supplies and equipment necessary to protect the general
public and parade participants during any parade. Acceptance of the
permit by the applicant shall constitute acceptance of all permit
conditions. It shall be a requirement of every parade permit that
the applicant provide comprehensive general liability insurance coverage
in amounts reasonably acceptable to the Borough and to provide to
the Borough a certificate of insurance evidencing the naming of the
Borough as an additional insured thereon. It shall be a further condition
of all parade permits that the applicant and each participant shall
obey the provisions of all state laws and Borough ordinances.
3.
It is the policy of the Borough of Mechanicsburg not to subject its
taxpayers to payment of costs associated with any parade not sponsored
by the Borough Council. Therefore, direct costs incurred by the Borough
to control traffic or crowds as a result of a parade not sponsored
by the Borough shall be borne by the applicant. Costs shall be limited
to direct out-of-pocket expenses incurred by the Borough such as,
but not limited to, regular and overtime wages paid to Borough employees,
special fire police wages, payments to outside fire and police authorities
for necessary assistance, the cost of temporary signs, barricade rentals
and other traffic control devices and health, safety and sanitation
amenities. No permit shall be issued until all costs for prior parade
permits issued to the applicant, or any other applicant representing
the same interest, shall have been paid in full.
[Ord. No. 1040, 5/22/2002, § 1; amended by Ord. No. 1161-2019, 7/2/2019]
1.
The application for a festival permit shall be made on a form prescribed by the Borough and shall be filed with the Mayor, or his or her designee, at least 60 days in advance of the proposed festival date. A nonrefundable application fee in an amount established by resolution of the Borough Council from time to time shall be charged for such permit at the time of application. An escrow deposit shall also be paid at the time of application, in an amount equal to the costs set forth in § 21-906(3).
2.
The following information shall be given on said application:
A.
The name, address and contact information of the person or association/group
seeking to conduct such festival and requesting the permit;
B.
If the applicant is an association/group, the names, addresses and
contact information of the persons of responsibility seeking to conduct
such festival and requesting a permit;
C.
Indicate that the intended festival includes the consumption of alcohol
and the plan to address all PLCB rules and regulations;
D.
The name, address and contact information of the person or persons
who will oversee and who will be responsible for its conduct;
E.
Name, address and contact information of all third-party security,
admission and safety firms, if applicable, that will be providing
their services to the festival;
F.
Name, address and contact information of all vendors, if applicable,
that will be providing their services to the festival;
G.
A concise statement of the purpose of the festival;
H.
The proposed date of the festival;
I.
The approximate number of persons attending the event;
J.
The approximate area that will be required to conduct the festival;
K.
A map, with dimensions, depicting the area of the festival; and
L.
The estimated hours of duration.
[Ord. No. 1040, 5/22/2002, § 1; amended by Ord. No. 1161-2019, 7/2/2019]
1.
The Mayor, or his or her designee, shall have limited authority to
designate an alternate date, time, duration or location for the festival
in any park for which a permit is required. This authority shall be
exercised solely to accommodate competing demands on the use of public
parks. Applicants are encouraged to meet with the Mayor, or his or
her designee, in advance of filing any application to discuss their
needs and to learn of any scheduled use or competing conditions which
could affect the date, time, duration or location of the intended
festival.
2.
The Mayor, or his or her designee, shall have the authority to determine
the personnel, supplies and equipment necessary to protect the general
public and festival participants during any festival. Acceptance of
the permit by the applicant shall constitute acceptance of all permit
conditions. It shall be a requirement of every festival permit that
the applicant provide comprehensive general liability insurance coverage
in amounts reasonably acceptable to the Borough and to provide to
the Borough a certificate of insurance evidencing the naming of the
Borough as an additional insured thereon. It shall be a further condition
of all festival permits that the applicant and each participant shall
obey the provisions of all state laws, PLCB rules and regulations,
and Borough ordinances.
3.
Insurance and Indemnification. If the festival is to be held upon
Borough-owned property, a person requesting a festival permit shall,
prior to issuance thereof, file with the Borough Manager:
A.
A certificate evidencing liability insurance in at least the amount
of $100,000/$500,000, naming such person and the Borough of Mechanicsburg,
its officers and employees as insureds, and covering property damage
and personal injury arising out of operation of said festival, which
policy shall be kept in full force during the operation of the festival;
and
B.
An executed agreement to indemnify and hold harmless the Borough
of Mechanicsburg, its officers and employees, from any and all claims,
actions, injuries or damages of every kind and description which may
accrue to or be suffered by any person by reason of or related to
the operation of the festival.
4.
If the consumption of alcoholic beverages is to take place at the
intended festival, failure to meet the following stipulations shall
be grounds for the immediate revocation of the permit:
A.
Access to the festival area must be controlled through the means
of applicant-supplied perimeter fencing with access-controlled entrances
and exits;
B.
Open containers of or the consumption of alcoholic beverages shall
take place only inside the festival area perimeter fencing; and
C.
Patrons and vendors shall follow all PLCB rules and regulations,
Borough ordinances and all Pennsylvania statutes as they pertain to
the consumption of alcoholic beverages.
5.
It is the policy of the Borough of Mechanicsburg not to subject its
taxpayers to payment of costs associated with any event not sponsored
by the Borough Council. Therefore, direct costs incurred by the Borough
to control traffic or crowds as a result of a parade not sponsored
by the Borough shall be borne by the applicant. Costs shall be limited
to direct out-of-pocket expenses incurred by the Borough such as,
but not limited to, regular and overtime wages paid to Borough employees,
special fire police wages, payments to outside fire and police authorities
for necessary assistance, the cost of temporary signs, barricade rentals
and other traffic control devices and health, safety and sanitation
amenities. No permit shall be issued until all costs for prior festival
permits issued to the applicant, or any other applicant representing
the same interest, shall have been paid in full.
[Ord. No. 1040, 5/22/2002, § 1; amended by Ord. No. 1161-2019, 7/2/2019]
No permit issued hereunder shall authorize or excuse any breach
of the law or any trespass upon the rights of others or render the
Borough of Mechanicsburg liable for any damage committed or caused
under color thereof.
[Ord. No. 1040, 5/22/2002, § 1; amended by Ord. No. 1161-2019, 7/2/2019]
The Mayor, or his or her designee, may at any time revoke any
permit if there shall have been committed any breach of the terms
and conditions under which the same was issued or a violation of the
terms of this Part, upon giving to the person to whom the permit was
issued notice of such revocation. From the time of such notice of
revocation, any act done under color of the such permit shall subject
the person doing or allowing it to be done to the same penalty as
if he or she had done such act without such permit, unless such revocation
is disapproved as hereinafter provided.
[Added by Ord. No. 1161-2019, 7/2/2019]
If any person shall feel aggrieved by actions or decisions of
any Borough officer in administering this Part or by the neglect or
the refusal of the Mayor, or his or her designee, to issue such permit
as aforesaid or by the terms or conditions imposed or by any revocation
of such permit, such person may appeal to the Borough Council upon
giving notice to the Borough Manager within one week after such decision,
refusal or notice of revocation, and such decision, terms, conditions,
refusal or revocation shall be binding upon the appellant until the
Borough Council shall disapprove the same or order such modifications
as it may deem proper, not inconsistent with Borough ordinances.
[Added by Ord. No. 1161-2019, 7/2/2019; as amended by Ord. 1170, 3/16/2021]
Any person who shall violate any of the provisions of this Part
shall, upon conviction thereof, for each and every offense, be sentenced
to pay a fine of not less than $500 nor more than $1,500, plus costs,
for each violation, or imprisonment for a term not to exceed 30 days.
Each day's violation of any of the provisions of this Part shall
constitute a separate offense.
