[Adopted 10-14-1974 as Ch. 69 of the 1974 Code; amended in its entirety 4-11-2019 by Ord. No. 2019-3 (Ch. 182 of the 1999 Code)]
This Part shall be known as and may be cited as the "Parade and Public Assembly Ordinance of the Borough of Homestead."
The purpose of the permit system for parades and public assemblies 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 Part, 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 Homestead, Allegheny 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.
- PARADE PERMIT
- A permit as required by this Part.
- 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 "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 Homestead Police. A permit shall not be required for:
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 Homestead Police Department for a permit at least 30 days in advance. The Homestead Police Department 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 Homestead Police Department. 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:
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.
If the parade or assembly 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.
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.
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.
The estimated number of participants.
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.
Such additional information as the Homestead Police Department may deem necessary in order to make a fair determination as to whether a permit should be issued.
Certificate of insurance required; amount of coverage.
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 Homestead 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:
The certificate of insurance shall name the Borough of Homestead as an additional insured and shall be provided by an insurance company authorized to do business in the Commonwealth of Pennsylvania.
No parade permit will be issued prior to receipt of a certificate of insurance that complies with this section, as accepted by the Borough.
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.
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.
The amount of deposit required shall be based on the number of people estimated to participate in the parade, walk or assembly.
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.
The schedule of deposit fees may be amended from time to time by resolution of Borough Council.
Application fees and deposit fees may not be waived.
The permit application for a parade or assembly permit shall be approved, with any modifications deemed appropriate, or disapproved not less than 15 days prior to the scheduled date of the parade or assembly as shown on the application.
Standards of issuance. The Homestead Police shall not issue a parade or assembly permit if it is found that:
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 to Borough; or
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; or
The parade or assembly will interfere with another parade or assembly for which a permit has been issued.
Standards for denial. The Homestead Police shall deny an application for a parade or assembly permit and notify the applicant of such denial if:
The information contained in the application is found to be false or incomplete in any material detail;
The applicant has not tendered the required insurance certificate and/or the required proof of arrangements for safe traffic control;
The applicant is legally incompetent to contract or to sue or be sued;
The applicant or 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;
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;
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;
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;
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; or
The applicant refuses to comply with any or all conditions of the permit.
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 Homestead Police, the permit shall specify:
Upon a denial or significant modification by the Homestead Police of an application made pursuant to § 13-1005 of this Part, the applicant may appeal from the determination 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.
In the event that an application is not filed within the time required by § 13-1005, 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.
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 police determine 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.
Any permit for a parade or assembly issued pursuant to this Part 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 Homestead Police, determines that the safety of the public or property requires such revocation.
Any permit for a parade or assembly issued pursuant to this Part shall be revoked if the applicant has not paid any required fees or deposits as provided for in § 13-1007 above.
Any permit for a parade or assembly issued pursuant to this Part may also be revoked by the Borough Administrator 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 Part.
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 for any of the following functions:
No person shall knowingly join in any parade or assembly conducted under a permit issued by the Homestead Police 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 Homestead Police 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 Homestead Police 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.
[Amended at time of adoption of Code (see AO)]
Any person who violates or permits a violation of this Part shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys 'fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this Part that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this Part in equity in the Court of Common Pleas of Allegheny County.