[HISTORY: Adopted by the Council of Latrobe as indicated in article histories. Amendments noted where applicable.]
Disorderly conduct — See Ch. 194.
Article I Tampering
Article II Events on Public Property
[Adopted 7-13-1981 by Ord. No. 1981-2 as Ch. VI, Part 5, of the 1981 Code]
No person shall destroy or injure in any way whatsoever or tamper with or deface any public property of Latrobe or any grass, walk, ornamental work, building, streetlight, fire hydrant or water or gas stop box on any of the streets, alleys, parks or other public grounds of Latrobe. Nor shall any person in any manner interfere with or meddle with or pull, drive, change, alter or destroy any stake, post, monument or other evidence of any elevation, grade, line, location, corner or angle in Latrobe made, placed or set, or hereafter made, placed or set, or caused to be done by the authorities of Latrobe in any survey of or in any street, alley or public ground of Latrobe to evidence the elevation, line, grade, location, corner or angle of any public street, alley, sidewalk, curb, gutter, sewer or other public work, matter or thing. Nor shall any person willfully or maliciously destroy or remove or obliterate or cover up any lamp, warning sign or barricade erected by the authorities of Latrobe or by any person, firm or corporation doing work by permission of the authorities of Latrobe on any of the streets, alleys, sidewalks or bridges of Latrobe as a warning of danger.
This article shall not apply to normal activities in connection with the construction, maintenance and repair of streets, alleys, sidewalks and public grounds and the structures and fixtures thereon or to incidental results of work thereon or therein upon permit from or by authority of Latrobe.
[Amended 4-23-1996 by Ord. No. 1996-5]
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.
[Adopted 1-17-2002 by Ord. No. 2002-4]
The following definitions, when used in this article, shall have the meanings ascribed to them in this section:
- Any activity utilizing public property for pleasure, commerce, celebration or charitable purposes, including but not limited to a parade, street fair, farmers' market, holiday celebration, activity, demonstration or information disseminator activity.
- Any procession or moving assemblage upon any street or public thoroughfare other than routine vehicular traffic or a funeral possession.
- STREET FAIR
- Any gathering or assemblage requiring the closing of any street or public thoroughfare to routine vehicular traffic for purposes other than street repair.
Under and subject to the provisions of this article, it is lawful to hold events on the streets, sidewalks and other public areas of the City.
Events shall be held only by organizations or by groups of individuals banded together for such purpose. No organization or groups of individuals shall engage in, participate in, aid, form, or conduct any event without first obtaining a permit from the City Manager.
Applications for event permits shall be made to the City Manager at least 30 days before the date selected for the holding of such event and shall be made on official forms furnished by the City for that purpose. The City Manager may exercise discretion and consider any application which is not made at least 30 days in advance.
The application for such permit shall state the names and addresses of the group or organization desiring to hold such event, the name of the person who shall be in charge thereof, the purpose of the event and public property upon which the event shall be held, and such other information as the City Manager deems reasonably necessary. Such event shall not be held at any other time or upon any other place not specified in the application for the permit. The application for the permit shall be filed by the person in charge of such group or organization.
Filing period. The application for an event shall be filed not more than 180 days and not less than 30 days before the time intended for such event. For good cause shown, applications may be accepted after the thirty-day limit. Good cause shall be shown when the application can be processed in compliance with the provisions of this article in sufficient time to allow the event to take place as scheduled.
Contents. The application shall at least include the following:
The name and address of the organization sponsoring the event.
The name, address and telephone number of the person in charge of the event.
The date when the event is to be conducted.
The official name of the event (if any).
The following information, if the event is a parade or street fair:
The time the parade or street fair will begin to form, and the time the parade or street fair will begin movement.
The place where the parade or street fair will form.
The route of the parade or street fair.
The approximate number of participants, not including spectators, who will participate in the parade or street fair.
The number of autos, floats, bands or other participants in the parade or street fair.
The place where the parade or street fair will disband.
Prior parade or street fair history of the organization involved.
Any other information concerning the event required by any department of the City to perform the duties described herein.
Fee. An application fee may be established and charged by the City Manager to cover expenses for processing the application for the event permit and shall be paid to the City when filing an application.
Indemnification/insurance. The event organizer(s) shall be required to indemnify and hold the City harmless for any injury to person or property resulting by, from or through the event. Further, if, in the opinion and discretion of the City Manager, the event is of such a size and magnitude involving either participants or observers to pose a substantial risk of liability to the City, then and in that event the City Manager may require the event organizers to provide adequate liability insurance, with the City to be named as an additional insured upon such insurance policy.
If the event shall utilize public streets, alleys or parking facilities, in reviewing the application for the event permit, the Chief of Police, or his designee, shall determine the number of police officers reasonably necessary to control traffic in the area to be utilized by the event. In making this determination, the Chief of Police, or his designee, shall consider such factors as the time, date, route, length, number of participants and vehicles contained in the application for the event.
In reviewing the application for an event permit, the Fire Chief, or his designee, shall determine if personnel from the Fire Department are necessary to the safe conduct and operation of the event.
In making that determination, the Fire Chief, or his designee, shall consider the time, date, route and number of participants involved in the event; the likelihood of fires or explosions occurring during the event or the need for emergency and medical services; the nature and purpose of the event; the anticipated attendance at the event by both participants and observers; the number, type and speed of vehicles (if any) involved in the event; and the ability of the Fire Department to respond to a call for services from a location outside the area in which the event is conducted.
The City Manager shall issue an event permit, as provided for hereunder, when, from the consideration of the application and from other information as may otherwise be obtained, it appears that:
The conduct of the event will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic, nor will it substantially disrupt the normal functions and operations of the City in or contiguous to the area designated for the event.
The concentration of persons, animals and/or vehicles at the event will not interfere unduly with proper fire and police protection of or ambulance service to areas contiguous to the event area or other areas of the City.
The conduct of the event will not result in noise at a level inappropriate to the area surrounding the event, nor shall it result in any other noxious or offensive activity to the area surrounding the event.
The City Manager has been able to secure the necessary police officers and fire-fighting personnel required under this article for the event.
The event is not to be held for the primary purpose of advertising any product, goods, or activity which is primarily for private profit and the event itself is not primarily for profit; provided, however, the provisions of this Subsection E shall not be applicable as follows:
The prohibition against advertising any product, good or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the conduct of the event.
Profit generated to a Fire Department, vendors involved in a holiday celebration permitted by the City, authorized farmers' market or other types of street fairs permitted for local merchants.
The event is of a size or nature that will not require the diversion of so great a number of police officers of the City that reasonable police protection would be denied to the City.
Such event will not interfere with previously scheduled activities or with scheduled maintenance or repair work to be carried out on the streets or thoroughfares to be used.
The City Manager shall deny an application for an event permit and notify the applicant of such denial where:
The City Manager makes any finding contrary to the findings required to be made for the issuance of a permit.
The information contained in the application is found to be false or nonexistent in any material detail.
The applicant refuses to agree to abide by or comply with all conditions of the permit.
All events shall be subject to City ordinances and resolutions, to any rules and regulations which may be prescribed by the City Manager applicable to such events, and to any conditions imposed by the City Manager in the permit.
Immediately upon the granting of a permit for an event, the City Manager shall send a copy thereof to the following individuals:
The City Manager shall act upon the application for a permit within 72 hours after the filing thereof. If for any reason a longer period of time is required, the reason for such a delay shall be provided in writing to the applicant. If the City Manager disapproves the application, he/she shall make a reasonable effort to notify the applicant, either by personal delivery or certified mail, with a copy of the notice of rejection and the reason therefor, which notice shall be available in the office of the Mayor within 24 hours of his/her actions.
Any applicant shall have the right to appeal the denial of a permit to the City Council within 20 days after receipt of the notice of rejection. Council shall hold a public hearing thereon at the next regularly or specially scheduled meeting of Council. Council shall, by proper action, uphold or deny the appeal no later than the following regularly scheduled monthly meeting of Council.
Any permit for an event issued pursuant to this article may be summarily revoked by the City Manager or the Police Chief or Fire Chief at anytime when, by reason of disaster, public calamity, riot or other emergency, the City Manager, Police Chief or Fire Chief deems that the safety of the public or property requires such revocation. Notice of such action revoking such permit shall be delivered in writing to the permittee by personal service or by certified mail.
No person shall knowingly join or participate in any event conducted under a permit from the Mayor in violation of any of the terms of such permit, nor knowingly join or participate in any permitted event without the consent or over the objection of the permittee, nor in any manner interfere with the orderly conduct of the event.
No owner of any dog, and no person who has been given the care and custody of any dog by its owner, whether such dog is bearing a license tag or not, shall permit such dog to be upon the streets, sidewalks, highways or other public property upon which an event shall be conducted or held, during the time of such event, irrespective of whether such dog is on a leash or not.
The provisions contained in this article shall not be waiverable by City Council for any applicant desiring to conduct an event upon the streets, roadways or other public property of the City of Latrobe.
Whosoever violates any provision of this article shall, upon conviction thereof, be fined not more than $600 and costs of prosecution, and in default of the payment thereof, shall be imprisoned for not more than 30 days.