[HISTORY: Adopted by the Borough Council of the Borough of Millvale 8-14-2018 by Ord. No. 2592. Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BIKE/PEDESTRIAN TRAILS/PATHS
Any place or way set aside or open to the general public for purposes limited to pedestrian and/or bicycle traffic, including, but not limited to, paved and unpaved paths, trails, and medians.
BLOCK PARTY
The use of a street for a residential neighborhood function or event, which involves the temporary barricading of one or more streets.
BOROUGH
The Borough of Millvale.
BOROUGH SERVICES
Essential services provided by employees of the Borough of Millvale, Millvale Police and/or contracted service providers. Required services are determined by the Borough.
BOROUGH-SPONSORED EVENT
An event sponsored in whole or in part by the Borough, for which the Borough pays all or a portion of the costs of the event. A Borough-sponsored event can be conducted with a nonprofit organization.
BUSKING
The act or actions of a busker and performer while soliciting for voluntary money donations during a street performance as established by the Borough of Millvale Code Chapter 205, Article II.[1]
CONSUMER
A person, who is a member of the public, who takes part in a special event.
ENFORCEMENT OFFICER
That person appointed by the Borough Council of Millvale to issue permits who shall be charged with the duty of administering and enforcing this chapter. Police officers of the Millvale Police Department are also authorized to enforce this chapter.
ENTRANCE FEE
Monetary fee charged for entrance to an event; this does not include donations.
EVENT PROMOTER
Any person who conducts, manages, promotes, organizes, aids or solicits attendance for a special event.
FARMERS' MARKET
A sale by farmers, growers, or producers from the Borough and/or local area, direct to the public, of farmed food products and produce, including those grown, cultivated, raised, bred, harvested, caught, pickled, baked, smoked, processed, or prepared, together with the incidental sale of natural-based products, foods and beverages to patrons.
FILMING
Any filming of movies, commercials, documentaries and other motion pictures, video projects, or commercial photographs upon any public street, right-of-way or property of the Borough.
FIRST AMENDMENT ACTIVITY
Includes all expressive and associate activity protected by the United States and Pennsylvania Constitutions, including speech, press, and assembly and/or right to petition.
FOOD
Any raw, cooked or processed edible substance, beverage or ingredient used or intended to be used in whole or part for human consumption; provided, however, that products in hermetically sealed containers processed by heat to prevent spoilage and dehydrated dry or powered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition. Further, raw and uncut food from the plant kingdom which has been grown in the Borough of Millvale is excluded from the terms of this definition.
FOOD TRUCK and FOOD TRUCK PARK/COLLECTIVE
Meanings established in the Borough of Millvale Code Chapter 205, Article III.[2]
ISSUING AGENCY
The Borough of Millvale.
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas.
LIVE ENTERTAINMENT
Any entertainment involving performances, or delivery of entertainment by one or more persons. Live entertainment may or may not be amplified. The following are considered live entertainment performances: bands, musical ensembles, solo performers, deejays, karaoke, comics/comedians and/or theatrical acts.
MOBILE FOOD FACILITY
A movable retail food facility, such as a stand, bicycle, trailer, vehicle, cart, basket, box or similar structure or conveyance, from which food is stored, prepared, processed, distributed or sold, operating as an extension of and under the managerial authority of the permit holder or its permitted base or operation.
NONPROFIT FUNDRAISING EVENT
A fundraising event planned, organized, promoted, managed and held wholly by a registered nonprofit organization, whereby all the proceeds raised during the event will benefit the sponsoring agency or another nonprofit agency or special interest.
PARADE
The assembly of 10 or more persons whose gathering is for the common design and purpose of moving in procession from one location to another.
PERMIT
Refers to the special event, block party and/or parade.
PERMIT TERM
Term of the permit issued by the issuing agency can be for a minimum of one hour to 14 days.
PRIVATE PROPERTY PERMIT
A permit issued by the issuing agency for a function held entirely on private property that does not require a use of public property in a manner which impacts or restricts the public's normal or typical use of such property or does not comply with the normal or usual traffic regulations or controls or that require the provision of extraordinary Borough services.
PUBLIC SPACE
Includes all land and/or property owned or ceded to the Borough of Millvale, including athletic fields, bike/pedestrian trails/paths, interior space, open fields, parks, play areas, playgrounds, rights-of-way, sidewalks, streets or any other space proved to be owned or controlled by the Borough of Millvale.
REGULATORY AUTHORITY
The Borough of Millvale, Allegheny County, Commonwealth of Pennsylvania, or federal enforcement body or authorized representative appointed by Millvale as having jurisdiction within the Borough of Millvale.
SIDEWALK
Any area or way set aside or open to the public for purposes of pedestrian travel, whether or not it is paved.
SIGN
All variations and subcategories of the word "sign" have the meanings established in the Borough of Millvale Code Chapter 312, Article VI.[3]
SPECIAL EVENT
Any celebration, gathering, assembly of persons, meeting, program, or similar occasion which may include but not necessarily be limited to entertainment, dancing, music, dramatic productions, parades, exhibitions, sports competitions, sale of merchandise or food, use, sale or display of fireworks, sale, purchase, provision or consumption of alcoholic beverages, or any combination thereof. A film or television production event is considered a special event under this chapter.
SPONTANEOUS NATIONAL EVENT
A public reaction to a documented publicly known occurrence within the previous 72 hours, such as assembling for a national mourning and/or tragedy or to rally for a national incident, for which applying for and enforcing a permit would be impractical.
STREET
A public street, public easement, right-of-way, public highway, public alley, public sidewalk, public way or public road accepted or maintained by the municipality or open for travel and use by the public, whether or not so accepted, including the entire area within the right-of-way thereof.
[1]
Editor's Note: See Ch. 205, Peddling and Soliciting, Art. II, Street Performers.
[2]
Editor's Note: See Ch. 205, Peddling and Soliciting, Art. III, Mobile Food Vendors.
[3]
Editor's Note: See Ch. 312, Zoning, Art. VI, Signage.
B. 
In this chapter, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.
A business, company, person and/or event promoter engaging in or sponsoring a special event within the boundaries of the Borough of Millvale shall apply for a special event permit from the issuing agency, and pay all fees as applicable. This includes private property permits.
A. 
Two types of permit applications are available for submittal to the issuing agency, a special event permit application and/or a private property permit application.
B. 
Two types of permits are available through the issuing agency, the special event permit and private property permit.
C. 
The Borough of Millvale Council designates the Borough Manager, Millvale Zoning Officer and Millvale Police to be the agents of the Borough primarily charged with the responsibility of supervising the provisions of this section.
D. 
Special event permit application: $100. Private property permit application: $50.
(1) 
Entrance fee up to 500 guests: $200.
(2) 
Entrance fee up to 1,000 guests: $400.
(3) 
Entrance fee over 1,000 guests: $600.
(4) 
No entrance fee up to 500 guests: $50.
(5) 
No entrance fee up to 1,000 guests: $100.
(6) 
No entrance fee over 1,000 guests: $200.
E. 
Both permit types can include additional fees for Borough services.
F. 
Additional fees.
(1) 
Dumpster: $40.
(2) 
Police: $75 per hour.
(3) 
Public works: $55 per hour.
(4) 
Mobile food facility: $50, not required if MFF already has a permit.
(5) 
Vendor/solicitation permit: $10 per day; $30 per week; $75 per month; $250 per year.
(6) 
Fireworks: $250.
(7) 
Street banner: $200.
(8) 
Barricades: $10 per barricade.
(9) 
No-parking signs: $0.50 per sign.
(10) 
Fire/safety - TBD by fire and EMS per event.
G. 
Reimbursable costs are all costs and expenses (beyond additional fees) incurred by the Borough for activities associated with staging of the special event, including, without limitation, the following:
(1) 
Utility services provided to the special event, including all of the costs of installation, maintenance, and connection.
(2) 
Repair to damage of streets, alleys, sidewalks, parks, and other public property.
(3) 
Garbage disposal and cleanup.
(4) 
Traffic control.
H. 
The issuing agency will make a good faith estimate of costs to the applicant within 15 days following the first meeting of the Borough Council to occur after the applicant's submission of an application for a special event permit.
(1) 
Prior to issuance of a special event permit, payment of all estimated additional fees, reimbursable costs and associated fees will be required to be paid in full for the purposes of cost recovery, to the issuing agency. Failure to remit the necessary payment will result in a denial of the permit request or revocation of an awarded permit.
(2) 
Within 30 days after the conclusion of the event, the issuing agency will provide an accurate account of the costs incurred upon its resources as a direct result of the event.
(3) 
Should the event's actual costs exceed the costs estimated by the issuing agency and payment remitted by the applicant, the issuing agency shall issue an invoice for the balance of the costs, to be paid within 30 days of the invoice date, or face penalty herein established.
(4) 
Should the event's actual costs be less than that estimated by the issuing agency and payment remitted by the applicant, the issuing agency shall issue a refund for the amount of the overpayment within 30 days of the calculation of the actual costs.
I. 
Incomplete applications will not be accepted.
(1) 
Application fee(s) must be paid at time of submittal.
(2) 
Cash and check (Borough of Millvale) are the only forms of payment accepted.
J. 
The application form for permit shall be provided by the issuing agency and can be adapted and/or changed as needed without amendment to this chapter.
K. 
A permit shall be valid from the date on which it is issued for a minimum of one hour to 14 days as per the permit term.
L. 
Permits are nontransferable, and shall contain the permit number of the applicant and the permit term in which the permit is valid.
M. 
A resident, business owner, nonprofit representative, event promoter or any other interested party can submit a special event application for an event on public space.
(1) 
Private property permit applications must be submitted by the legal property owner.
(a) 
A business lessor, event promoter or similar interested party can submit a private property permit application only with the property owner's signature and required information. All parties named in the application will be required to consent to this chapter.
(2) 
Upon determination of eligibility by the issuing agency, the private property special event permit shall be issued to the legal property owner and other primary applicant. The permit issued hereunder shall be the property of each applicant and shall be revocable for any violation of this section.
(a) 
Each permit awardee is subject to all rules of this chapter and the complete Code of the Borough of Millvale. All professional contributing companies providing service(s) for the special event, including but not limited to vendors and/or MFFs are subject to all rules of this chapter and the complete Code of the Borough of Millvale while conducting business in Millvale.
N. 
Replacement permits can be obtained from the issuing agency for a fee of $10.
O. 
As part of any permit application procedure, applicants may be subject to a criminal background history check (at the applicant's expense), which shall be reviewed by the Chief of Police or his or her designee to determine eligibility of the applicant. This can include companies providing services for the special event.
(1) 
No applicant shall be eligible for issuance or renewal of a permit under this section if the applicant has been convicted of two or more offenses within a period of five years preceding the application where each offense involved an assault, communicating a threat, crime against a minor, illegal use of a weapon or other act of violence or attempted violence.
P. 
No permit shall be issued to any applicant who has had a permit suspended or revoked within the last calendar year prior to the current application for a permit.
No permit shall be required under this chapter for the following; however, notice to the Borough of Millvale shall be provided:
A. 
Any local, state or federal governmental agency acting within the scope of its governmental functions;
B. 
The armed forces of the United States of America, the military forces of the Commonwealth of Pennsylvania, political subdivisions of the Commonwealth of Pennsylvania, and the forces of the police and fire departments acting within the scope of their duties;
C. 
First Amendment activity. A peaceful demonstration at a fixed location which is not a street;
D. 
Spontaneous national event;
E. 
Farmer's market, if held on private property or approved Borough property;
F. 
Sporting and special events sponsored by either the Borough of Millvale or a designee of the Borough;
G. 
Borough-sponsored events;
H. 
Church or worship activities within a facility;
(1) 
Funeral processions by a licensed mortuary or funeral home;
I. 
Businesses holding events in venues designated to hold large numbers of people, where there is already a safety and emergency plan approved by the Borough.
No person shall have, hold, sponsor, or cause to be had, held, or sponsored, or allow to be had, held or sponsored any special event without having first applied for and received a permit from the issuing agency, except as provided in § 259-3 of this chapter.
A. 
All applications must be submitted no less than 45 business days prior to the date of the proposed special event. The appropriate application fee must accompany the application for it to be considered to have been filed.
(1) 
In the event that the permit involves the closing of a road under the jurisdiction of the Commonwealth of Pennsylvania or Allegheny County, the application must be submitted not fewer than 75 business days before the proposed date of the special event.
B. 
The regulatory authority shall have the authority to reduce this time period where good cause is shown, but is not required to consider an application filed less than 30 business days prior to the proposed date.
C. 
The applicant and property owner must provide proof of identification issued by a commonwealth, state or the federal government. The applicant must be at least 18 years old.
(1) 
Name, home address and phone number, office address, phone number and date of birth of the applicant, the promoter, and of any other persons responsible for conducting the special event;
(a) 
Businesses or nonprofit applicant's EIN or tax ID number.
(2) 
Name, address, phone number and signature of the owner of the private property where a special event is to be held.
D. 
The date when the event is to be conducted.
E. 
The route on streets to be traveled by event participants, as well as the starting and termination points or, if the event does not involve moving participants, the location of the event.
F. 
The approximate number of persons likely to attend or participate in the special event; the animals (if any) and vehicles (if any) which will be involved in the special event; and a specific description of the nature of the special event.
G. 
The hours when the special event will start and terminate.
H. 
A statement as to whether the special event will occupy all or only a portion of the width of the streets, sidewalks, or other public rights-of-way proposed to be traversed by pedestrian and vehicular traffic.
I. 
The location by streets of any assembly areas for such event.
J. 
The time at which units of the special event will begin to assemble at any such assembly area or areas.
K. 
The setup, teardown, and cleanup dates and times.
L. 
The purpose of the special event.
M. 
Maps detailing the proposed site locations and/or routes, along with written descriptions of the following: amplification devices, street closures and detours, electrical requirements, emergency medical stations, equipment, fire lanes, fireworks, litter control, portable toilets, signage, structures, and vendors.
N. 
The cost of admission, if any, and whether the special event is public or private.
O. 
A plan for disposal of wastewater, including capture and containment, to be approved by the Borough.
P. 
A plan for disposal of garbage and municipal waste to be approved by the Borough.
Q. 
Proof of comprehensive general liability insurance in the amount of $1,000,000 to protect the Borough against loss from liability imposed by law for damages on account of bodily injury and/or property damage arising from any aspect of the event. Such insurance shall name the Borough of Millvale, its officers, employees, agents and, if required, any other public entity involved in the event, as an additional insured on a separate endorsement maintained for the duration of the event. In the event that the permit requires the closing of a road under the jurisdiction of the Commonwealth of Pennsylvania, the applicant must also name the Pennsylvania Department of Transportation as an additional insured.
(1) 
Notice of limitation, reduction, or cancellation of insurance coverage shall be provided immediately to the Borough by the carrier and the applicant.
R. 
The following statements:
(1) 
A statement indemnifying and holding the Borough harmless executed by the applicant and the individuals or organization conducting the event.
(2) 
A statement that information set forth in the application is true and correct to the best of the applicant's knowledge under penalty of law.
(3) 
An agreement to comply with this chapter and any other applicable ordinances, rules, regulations, or requirements for the event.
S. 
Any enticements, such as candy, balloons, toys, silly string, fireworks, plastic horns and poppers, to be thrown or given away to onlookers.
T. 
Such additional information as the issuing body shall find reasonably necessary to arrive at a fair determination as to whether a special event should be issued.
A. 
Special events can be held in any Borough of Millvale zoning district and on any street typology, if approved.
B. 
Block parties can be held in any Borough of Millvale zoning district and on any street typology, if approved.
C. 
Farmer's markets can be held in any Borough of Millvale zoning district and on any street typology, if approved.
D. 
Filming can occur in any Borough of Millvale Zoning District and on any street typology, if approved.
E. 
The following general parking and/or staging requirements must be agreed to by the permittee:
(1) 
No parking and/or staging on pedestrian and bike trail.
(2) 
No parking and/or staging within 10 feet of pedestrian and bike trail.
(3) 
No parking and/or staging in or on public river access points.
(4) 
No parking and/or staging under railroad overpass or Route 28 overpass.
(5) 
No parking and/or staging directly under 40th Street Bridge.
(6) 
No parking and/or staging along, behind or in front of property owned by the Borough of Millvale (without written approval from the issuing agency).
(7) 
No parking and/or staging on any public street designated as a no-parking zone.
(8) 
No parking and/or staging within a defined accessible parking space.
(9) 
No parking illegally in any manner as defined by the Borough of Millvale Code and/or the Commonwealth of Pennsylvania; this includes placement of staging, vendors or other associated special event.
(10) 
No parking in such a manner that will block or cause to be blocked pedestrian or vehicular traffic, roadways, sidewalks, crosswalks, driveways, stairways, curb cuts, accessible access ramps nor block access to buildings, parks, public conveyances, businesses, crosswalks, traffic control poles containing pedestrian crosswalk button(s), or be within 10 feet of a fire hydrant or within five feet of any fire alarm or other emergency communication device, including public telephones, either by the staging location, or by the location of any crowd that the special event may draw.
(11) 
If a special event attracts a crowd sufficient to obstruct the street or public access to the street or sidewalk beyond the permitted use, a police officer may disperse the portion of the crowd that is creating the obstruction.
(12) 
All special events, block parties, farmer's markets, filming and any other like permitted event shall provide the minimum pedestrian passageway on the sidewalk as required by the Americans with Disabilities Act,[1] which is currently five feet.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(13) 
If parking in front of Borough parking meters during enforcement hours, the issuing agency can waive the meter fees.
(14) 
During a special event or the like, mobile food facilities cannot park directly in front of, on any side or rear of a brick and mortar establishment without written permission. If multiple brick and mortar establishments are affected, written permission is required from each brick and mortar establishment.
(15) 
During periods of construction on the streets, sidewalks and infrastructure, the Borough Manager and/or Chief of Police may from time to time temporarily exclude special events from areas where there are issues of public safety, and the Borough Manager and/or Chief of Police or his/her designee may, in their discretion, issue notices of exclusion from areas as the construction requires.
Special events and all events defined herein shall not open before the hour of 9:00 a.m. and shall not operate after the hour of 11:00 p.m. except within the boundaries of enclosed private property.
A. 
Special events can be staged overnight on Borough streets with written permission from the issuing agency.
B. 
No special event shall claim a greater right to serve at any location within Millvale.
The Borough Manager or his or her designee shall at all times keep a written list of all special event permits in the Borough of Millvale and shall promptly update such list each time a new permit is awarded, suspended or revoked.
The special event permittee shall comply with all permit directions and conditions and with applicable federal, commonwealth, county and Borough laws, ordinances and regulations. The provisions of this section take precedence over any other Borough regulations or ordinance applicable to special events. To the extent other Borough regulations or ordinances are applicable and are inconsistent with this section, this section shall govern.
A. 
The conduct of the special event will not unduly interfere with the safe and orderly movement of traffic traveling on roads in the vicinity of the event, nor shall the special event have any adverse impact upon the access to or use of public or private properties and/or traffic circulation in the vicinity of the special event.
B. 
The special event permit holder is required to return any public property upon which the special event is held to its condition prior to the conduct of the special event. Failure to do so may result in the applicant and sponsoring organization being prohibited from being issued a special event permit for a future event or being required to post a bond to insure compliance with the requirement to clean up after the event. In addition, the applicant will be responsible for any costs or expenses incurred by the Borough in restoring the premises to their condition prior to the conduct of the special event.
C. 
The conduct of the special event will not require the diversion of so great a number of police officers of the/a regulatory authority to properly police the event and/or the movement of participants and spectators at the event and/or in the areas contiguous thereto as to prevent normal police protection to the Borough.
D. 
The concentration of persons, animals, and vehicles at assembly points of the special event will not unduly interfere with proper fire and police protection or ambulance service to areas contiguous to such assembly areas.
E. 
The special event is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delay.
F. 
The special event is not to be held for the sole purpose of advertising any products, goods, or event, and is not designed to be held purely for private profit.
G. 
All sponsor(s), participants, and attendees at special events are subject to applicable federal, state and local laws, ordinances, and regulations not otherwise waived by the permit, including but not limited to laws, ordinances and regulations regulating noise volume, disorderly conduct, traffic and public intoxication. Police officers may order the shutdown of an event that becomes disorderly and/or hazardous to participants and/or the public.
H. 
The regulatory authority shall abide by the following additional regulations when issuing special event permits:
(1) 
Those special events classified herein or subsequently by the issuing agency as community events shall be afforded priority in the issuance of a special event permit, provided that the applicant meets all of the necessary application requirements and follows all of the regulations established herein.
(2) 
In the issuance of special event permits, the Borough:
(a) 
Shall not permit more than two special events to occur within one calendar month.
(b) 
Shall not permit two special events to occur within two weeks or 14 days of one another.
I. 
The Pennsylvania State Police, Bureau of Liquor Control Enforcement, is responsible for enforcing the Pennsylvania Liquor Code[1] and any regulations thereto; as such, all requirements established by the commonwealth will be enforced and required of special events serving alcohol.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
J. 
Use of stakes, rods, or any method of support that is required to be drilled, driven, or otherwise fixed, in asphalt pavement, curbs, sidewalks or buildings is prohibited.
K. 
Special events on Borough grounds or streets shall connect to, or cause to be connected to, any source of electrical power or water on public or nearby private property as part of preparation to serve or during service.
L. 
Special events shall not use language or gestures, or display any matter which:
(1) 
Incites or urges riot; or
(2) 
Is obscene; or
(3) 
Is defamatory, insulting or constitutes a communication which tends to inflict injury or incite an immediate breach of the peace.
M. 
Advance posting of the special event location, route, including traffic-control signing and barricades are required to be posted by the special event permit holder, according to instruction on the permit.
N. 
Use of a method acceptable to the Commonwealth of Pennsylvania for providing notice of any detours.
O. 
The special event permit holder shall provide adequate, safe parking and staging areas.
P. 
Commitment by the special event permit holder to minimize interference with daily activities and movement of Borough residents.
Q. 
The special event permit awardee or other person heading or leading such activity shall carry the special event permit upon his person during the conduct of the event.
The special event permit holder shall remove all trash, waste and other items from the special event area.
A. 
The special event permit holder shall provide suitably sized receptacles for litter, which shall be located throughout the event location(s). Receptacles shall be maintained and regularly emptied. All waste generated by the special event, including that associated with its customers and staff, must be disposed of outside of the Borough or in an approved dumpster within the Borough.
B. 
The area of the special event shall, at all times, be kept clean and free from litter, garbage, rubble and debris. For purposes of this section, a special event permit holder shall be responsible for maintaining, in a safe and hygienic manner, the premises on which it is situated.
C. 
Special event permit holders shall comply with Borough ordinances regarding sewer discharge and grease remediation.
All Borough, county and commonwealth rules and laws regarding fire safety will apply to special events. To minimize the threat to public safety posed by fire, the following apply:
A. 
The conduct of such special event will not interfere with the movement of firefighting equipment en route to a fire and/or emergency medical vehicles.
B. 
County and/or commonwealth inspectors, Chief of Police, Fire Chief and/or his/her designee may, in their discretion, inspect any part, component, ride, vendor or other component participating in the special event for fire safety.
C. 
Any part, component, ride, vendor or other component participating in the special event that deals with fire shall be equipped with a readily accessible multipurpose dry chemical portable fire extinguishers (one per three MFFs) with a minimum rating of 2A 10BC and Class K portable fire extinguishers (one per three MFFs). All required fire extinguishers shall be maintained in compliance with National Fire Protection Association 10, as amended.
D. 
Propane and natural gas tanks shall be shut off while the special event is not occurring. All mounted propane and natural gas tanks must be secure (NFPA 58 — 5.2.4) and conform with NFPA standards relating to the safe mounting of tanks as described in NFPA 58 — 6.23.3.3 and, in addition be capable of withstanding impact requirements as required by the NFPA (NFPA 58 6.23.3.4).
A. 
Interference. No person shall hamper, obstruct, impede or interfere with any special event or with any person, vehicle or animal participating or used in a special event.
B. 
Driving through special event. No driver of any vehicle shall drive between the vehicles, person, or animals involved or participating in a special event when such vehicles, person, or animals are in motion.
C. 
Parking on event route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or highway or part thereof or in public parking lots constituting a part of the route or in the vicinity of the site of the special event.
Pursuant to Chapter 205, entitled "Peddling and Soliciting," of the Code of the Borough of Millvale, it is unlawful for any person, firm, entity, or corporation desiring to sell or offer for sale to the consuming public, on any public highway or from house to house within the Borough of Millvale, as a huckster, peddler, hawker, street vendor, traveling merchant or agent, any goods or wares or merchandise without having first procured from the proper officer of the Borough a license to do so. Any such person desiring to engage in any of the aforementioned activities in conjunction with, at, or around a special event shall be required to procure the proper license as stated in Chapter 205 of the Code of the Borough of Millvale. Such regulations regarding such permit and its associated fees, conditions, and regulations shall be pursuant to those established in the Code and amendments, resolutions and ordinances hereafter enacted by the Borough Council. A special event permit may exempt any person, firm, entity, etc., from the rules and regulations of Chapter 205 of the Code of the Borough of Millvale specific to sale of goods and wares and the like; it will not exempt or make allowable door-to-door solicitation or any similar type of petitioning.
Special event organizers are prohibited from making direct payments to Borough employees for public safety, public works, or other Borough services. All Borough employees shall instead receive compensation through the Borough payroll for any paid assistance with special events.
The prohibitions of Millvale Borough Code sections which would otherwise frustrate the purposes of this chapter do not apply to special events otherwise in compliance with this section.
A. 
The special event must comply with all federal, commonwealth and local laws when occurring within The Borough.
B. 
By decision of the Millvale Chief of Police or his or her designee, in the case of an emergency, the special event can be asked to move or relocate for said emergency.
C. 
By decision of the Public Works Supervisor or his or her designee, in the case of an emergency, the special event can be canceled for said emergency.
D. 
A permit may be suspended or revoked if a permit holder is found to have knowingly provided false information on any application or has violated the rules and regulations or any federal, commonwealth or local law or ordinance rationally related to this permit.
E. 
Nontransferability. A permit issued hereunder shall not be transferable to any other person or group for the purpose of conducting or operating a special event, defined herein.
F. 
A police officer may remove any consumer or special event participant for interference with the enforcement activities of the officer, or any other act which causes an imminent danger to the public health or safety.
G. 
The Millvale Borough Police Department shall have authority to remove or cause the removal of any vending equipment or merchandise found on the street, sidewalk or other special event location in violation of any regulations established pursuant hereto. In addition to any forfeiture, the violator shall be liable for any removal, towing and storage charges incurred by either department.
H. 
The fine and penalty for special event permit violations will be:
(1) 
First violation: $200.
(2) 
Second violation: $400.
(3) 
Third violation: $800 and revocation of permit.
(4) 
Subsequent violations: denial of subsequent permits, continued fines and penalties.
I. 
The issuing agency may deny application of a permit application if the special event has recorded and/or unresolved fines or penalties from previous years.
It shall be unlawful and a violation hereof for any person to knowingly and willfully make a false statement to any public official for purposes of obtaining a permit.
The special event permit holder shall indemnify and hold harmless the Borough, its officers, employees, agents and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the special event.
If any section, subsection, sentence, or clause of this chapter is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this chapter, and the remainder of this chapter shall stay in full force and effect.