[Adopted 3-29-2021 by Ord. No. 875-21]
As used in this article, the following terms shall have the
meanings indicated:
Any assembly of people for the purpose of public amusement,
entertainment, business purpose, community festival or event, or similar
gathering in or upon any street, park, or other public park in the
Borough. Gatherings on sidewalks that do not block sidewalks are not
public gatherings.
No parade or public gathering shall be conducted by any person
upon any street, park, or other public place in the Borough of Zelienople
without first obtaining a special event permit from the Borough Council
though the Borough Manager. No person shall participate in a parade
or public gathering prior to full compliance with the provisions of
this article. The Borough Manager shall inform Borough Council concerning
the granting and issuance of any special event permit. The granting
of a special event permit shall not constitute an endorsement of the
applicant by the Borough of Zelienople.
A.
Borough Council will promulgate reasonable rules and regulations
for parades and public gatherings consistent with this article and
to establish a special event permit application and form, and require
such documents as may be deemed necessary.
B.
Filing period. An application for a special event permit shall be
filed with the Borough Manager, not fewer than 28 days in advance
of the proposed parade date. Where good cause is shown, the Borough
Manager shall have the authority to consider any application hereunder
which is filed fewer than 28 days in advance of the proposed parade
or public gathering date.
C.
Application contents. The following information shall be included
on said application:
(1)
Name, address and telephone number of the person seeking to conduct
such parade or public gathering and requesting the special event permit.
(2)
If the parade or public gathering 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.
(3)
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;
a concise statement of the purpose of the parade or public gathering.
(4)
The date when the parade or public gathering is to be conducted and
the hours when such parade or public gathering will start and terminate.
(5)
The route to be traveled, the starting point and the termination
point, including a map depicting the course of the parade or the location
of the parade or public gathering.
(6)
A statement as to whether the parade or public gathering will occupy
all or only a portion of the width of the streets or public land proposed
to be traveled.
(7)
The location, by streets, of any assembly (formation and disbanding)
areas for such parade or public gathering, including time at which
units of the parade or public gathering will begin to assemble. If
assembly area is on private property, the name, address and telephone
number of the property owner and/or a letter of permission for the
assembly or gathering.
(8)
The approximate size and length of the parade or the geographic area
of the public gathering, including the approximate number of persons
and vehicles involved in the parade or public gathering, including
number and types of animals (if any).
(9)
Any additional information which the Borough Manager shall find reasonably
necessary in order to make a determination as to whether a special
event permit application is in compliance with the requirements of
this article and the rules and regulations adopted pursuant hereto
and a special event permit can be issued.
The cost of a special event permit shall be established by resolution
from time to time.
A.
Each person filing an application for a special event permit shall
provide the Borough with a certificate of insurance evidencing that
said person maintains insurance which will protect that person and
the Borough of Zelienople 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 such insurance shall be as follows: public liability insurance
in an amount of not less than $1,000,000 for injuries, including accidental
death, to any one person and property damage insurance in an amount
of not less than $1,000,000. The certificate of insurance shall name
the Borough of Zelienople as an additional insured and shall be provided
by an insurance company authorized to do business in the Commonwealth
of Pennsylvania and acceptable to the Borough.
B.
If the parade or public gathering will include the sale, service,
or consumption of alcohol, proof of liquor liability insurance coverage
in an amount of not less than $1,000,000 per occurrence must also
be provided, with such policy naming the Borough of Zelienople as
an additional insured with said policy being provided by an insurance
company authorized to do business in the Commonwealth of Pennsylvania
and acceptable to the Borough.
C.
If a public gathering is a block party, defined as an event sponsored
by and attended by residents of said street, and involving the closure
of one block of a street maintained by the Borough, then the Borough
Manager is authorized to waive the insurance requirements set forth
herein, at the Manager's discretion.
D.
The special event permit will not be issued prior to receipt of the
required certificate of insurance.
E.
If the parade or public gathering will include the sale, service,
or consumption of alcohol, the Borough may require the applicant to
provide private security for the event in an amount as determined
to be necessary by the Chief of Police.
A.
The Borough Council shall have the authority to designate an alternate
date, time, duration, or course for any parade or public gathering
for which a special event permit is requested. This authority shall
be exercised to accommodate competing demands on the use of public
streets, parks, and public places. In addition, the Borough Council
may adopt any reasonable conditions to better protect the public and
ensure compliance with this article. Any time, place, and manner limitations
must not be based on the content of the message, must be narrowly
tailored to serve a significant governmental interest, and must leave
open ample alternatives for communication.
B.
The Chief of Police shall have the authority to determine the necessary
personnel, supplies, and equipment for any parade or public gathering.
Acceptance of the special event by the applicant shall constitute
acceptance of all permit conditions. NOTE: The Borough is not required
to close streets for security (i.e., protection of the applicant or
the participants or spectators of the parade or public gathering related
to their actual or proposed message) purposes and is not required
to provide police for security purposes at parades or public gatherings.
The Borough Manager, provided the other requirements of this
article are met, shall issue a special event permit as provided for
hereunder when, from a consideration of the application and from such
other information as may otherwise be obtained, it is determined that:
A.
The conduct of the parade or public gathering will not so substantially
interrupt the safe and orderly movement of traffic within the Borough
on and contiguous to the proposed route or at the proposed location
so as to create a real and present danger to the health, safety and
welfare of the residents of the Borough.
B.
The conduct of the parade or public gathering will not create a real
and present danger to the health, safety and welfare of the citizens
of the Borough by preventing firefighting equipment, ambulances, rescue
vehicles and/or police vehicles from being able to reach any property
in the Borough.
C.
The conduct of such parade or public gathering will not require the
diversion of so great a number of ambulances as to prevent normal
ambulance service to portions of the Borough other than that to be
occupied by the proposed line of march and areas contiguous thereto.
D.
The conduct of a parade or public gathering shall not require the
diversion of so great a number of personnel as to impair normal police
services within the Borough.
E.
The concentration of persons, animals and vehicles at assembly points
of the parade or public gathering will not unduly interfere with proper
fire and police protection or ambulance services to areas contiguous
to such assembly areas.
F.
The conduct of such parade or public gathering will not interfere
with the movement of emergency services en route to an emergency.
G.
The conduct of the parade or public gathering is not reasonably likely
to cause injury to person or property, to provoke disorderly conduct
or to create a disturbance. This excludes content of message.
H.
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route
or the public gathering will not unduly interfere with the movement
of the public or emergency services.
I.
The parade or public gathering is not designed to be held primarily
for private profit.
All alcoholic beverages shall be consumed from disposable or nondisposable glassware or other drinking utensil provided by the permit holder. No alcoholic beverage shall be consumed directly from the original bottle or can in which it was obtained from the brewer, distiller, or other maker. No alcoholic beverage intended to be removed from the site shall be sold in or transported by patrons from the sidewalk cafe area except where expressly authorized during an event open to the public pursuant to Chapter 174 of the Code of the Borough of Zelienople, entitled "Alcoholic Beverages."[1]
All outdoor events open to the public, either on private property, not including establishments licensed by the Pennsylvania Liquor Control Board, or on public property, involving possession, distribution, or consumption of open containers of alcoholic beverages shall be governed by Chapter 174 of the Code of the Borough of Zelienople, entitled "Alcoholic Beverages."[1]
Any person who shall violate the provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine of $50
plus the costs of prosecution, or in default of payment of same, to
undergo imprisonment for five days for the first offense; $100 plus
the costs of prosecution, or in default of payment, imprisonment for
10 days for the second offense; and $300 plus the costs of prosecution,
or in default of payment, imprisonment for 90 days for the third offense
and any offense thereafter.
In all other respects, the Code of the Borough of Zelienople
shall remain as previously enacted and ordained.
The provisions of this article are declared to be severable,
and if any section, subsection, sentence, clause, or part thereof
is, for any reason, held to be invalid, unlawful, or unconstitutional
by a court of competent jurisdiction, such decision shall not affect
the validity of any remaining sections, subsections, sentences, clauses,
or part of this article.
All provisions of previous ordinances of the Borough of Zelienople
which are contrary to this article are expressly repealed.
