[HISTORY: Adopted by the Mayor and Town Council
of the Borough of Chambersburg 8-13-2007 by Ord. No. 2007-14.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 92.
Civic special events — See Ch. 119.
Parks and recreation — See Ch. 207.
Picketing — See Ch. 212.
Public property — See Ch. 226.
[1]
Editor's Note: This ordinance also repealed
former Ch. 204, Parades and Public Gatherings, adopted 5-18-1970 by
Ord. No. 70-10, as amended.
This chapter shall be known and may be cited
as the "Parade Ordinance of the Borough of Chambersburg." The purpose
of the permit system is not to exclude communication of a particular
content but to coordinate multiple uses of limited space; to assure
preservation of the street, park and public facilities; to prevent
uses that are dangerous, unlawful, or impermissible; and to assure
financial accountability for damage caused by the event.
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Chambersburg, a municipality.
The Borough Manager of the Borough of Chambersburg, Chambersburg,
Pennsylvania, or designee.
The Borough Secretary of the Borough of Chambersburg, Chambersburg,
Pennsylvania, or designee.
The Chief of Police of the Borough of Chambersburg, or designee.
The Mayor and Town Council of the Borough of Chambersburg.
Any public display or expression of group feelings toward
a person or cause, or a show of force.
Any parade, march, ceremony, show, exhibition, block party,
carnival, pageant or procession of any kind or any similar display
in or upon any street, park or other public place in the Borough;
any gathering in or upon which the streets are occupied for the purpose
of a march, procession or demonstration. Gatherings on sidewalks that
do not block the sidewalk are not parades.
Any individual or group of individuals, firm, partnership,
association, corporation, company or organization of any kind.
A group of individuals moving along in an orderly or disorderly
way in a manner other than for normal pedestrian or vehicular traffic.
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.
[Added 10-14-2019 by Ord. No.
2019-11]
A permit as required by this chapter.
[Amended 10-14-2019 by Ord. No. 2019-11]
A public right-of-way or portion thereof intended for general
public use to provide means or 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."
[Amended 10-14-2019 by Ord. No. 2019-11]
No parade or public gathering shall be conducted by any person
upon any street, park, or other public place in the Borough of Chambersburg
without first obtaining a special event permit from the Town Council
through the Borough Secretary, or designee. No person shall participate
in a parade or public gathering prior to full compliance with the
provisions of this chapter. The Borough Secretary shall inform the
Town 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 Chambersburg.
Exceptions. This chapter shall not apply to:
[Amended 10-14-2019 by Ord. No. 2019-11]
A.
The Town Council delegates to the Borough Manager and Borough Secretary
the ability to promulgate reasonable rules and regulations for parades
and public gatherings consistent with this chapter 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 Secretary, or designee, not fewer than 28 days
in advance of the proposed parade date. Where good cause is shown,
the Borough Secretary, or designee, 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
the 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 Secretary 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 chapter and the rules and regulations adopted pursuant hereto
and a special event permit can be issued.
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 Chambersburg liable for any damage committed
or caused.
[Amended 10-14-2019 by Ord. No. 2019-11]
The cost of a special event permit shall be established by resolution
from time to time. In addition to any special event permit fee, a
person sponsoring a parade or public gathering will be informed prior
to the issuance of a special event permit that if the cost of any
services provided by the Chambersburg Police and Fire Department for
the event exceed $300, the person will be responsible for those costs
exceeding $300. Direct costs incurred by the Borough to control traffic
as a result of a parade or public gathering shall be borne by the
applicant. All costs related to other services provided by the Borough
for the event, including, but not limited to, code enforcement, sanitation,
and auxiliary police, 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, wages paid to Borough employees. No special
event permit shall be issued until all costs for any prior special
event permits issued to the applicant have been paid in full.
[Amended 10-14-2019 by Ord. No. 2019-11]
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 Chambersburg 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 Chambersburg 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 Chambersburg 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 to be located at a public place other than
within a street, or is a block party involving the closure of one
block of a street maintained by the Borough, and the public gathering
involves fewer than 300 participants or spectators and does not involve
the sale, service, or consumption of alcohol, the Borough Manager
is authorized to waive the insurance requirements set forth herein,
in his discretion. However, in the event the insurance requirements
are waived, the applicant shall provide, prior to special event permit
issuance, an indemnification agreement in a form acceptable to, and
established by, the Borough Manager.
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.
[Amended 10-14-2019 by Ord. No. 2019-11]
A.
The Borough Secretary, or designee, 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
Secretary may adopt any reasonable conditions to better protect the
public and ensure compliance with this chapter. 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, or a designee thereof, 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.
A.
A permit shall be denied if:
(1)
The application for permit (including any required
attachments and submissions) is not fully completed and executed.
(2)
The applicant has not tendered the required insurance
certificate.
(3)
The application for permit contains a material falsehood
or misrepresentation.
(4)
The applicant is legally incompetent to contract or
to sue and be sued.
(5)
The applicant or the person on whose behalf the application
for permit was made has on prior occasions damaged Borough property
and has not paid in full for such damage or has other outstanding
and unpaid debts to the Borough.
(6)
A fully executed prior application for permit for
the same time and place has been received, and a permit has been or
will be granted to a prior applicant authorizing uses or activities
which do not reasonably permit multiple occupancy at the proposed
location of the parade, or part thereof.
(7)
The use or activity intended by the applicant would
conflict with previously planned programs organized and conducted
by the Borough and previously scheduled for the same time and place.
(8)
The proposed use or activity is prohibited by or inconsistent
with the classifications and uses of any street, park or other public
place in the Borough, or part thereof.
(9)
The use or activity intended by the applicant would
present an unreasonable danger to the health or safety of the applicant,
or other users of any street, park or other public place in the Borough,
of Borough employees or of the public.
(10)
The applicant has not complied or cannot comply
with applicable requirements, ordinances or regulations of the Borough
concerning the sale or offering for sale of any goods or services.
(11)
The use or activity intended by the applicant
is prohibited by law, by this chapter and ordinances of the Borough,
or by the regulations of the Recreation Department.
B.
If a permit is denied, then the denial shall clearly
explain the reason for the denial and what, if anything, must be done
to correct the reason for the denial.
C.
The Chief of Police, or designee, shall have the authority
to withdraw permission to conduct the event if he feels that, due
to severe adverse weather and/or traffic conditions, the event would
be unsafe.
D.
The Borough Secretary or Chief of Police, or their
designees, 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 chapter, upon giving
notice to the person to whom the permit was issued of such revocation.
From the time of such notice of revocation, any act done under color
of 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. If a permit is revoked, then the revocation shall clearly
explain the reason for the revocation and what, if anything, must
be done to correct the reason for the revocation.
Any person aggrieved shall have the right to
appeal the denial or revocation of a parade permit to the Borough
Manager, or designee. The appeal shall be taken by sending a letter
to the Borough Secretary requesting that the Borough Manager hear
an appeal of the decision to deny a parade permit. The letter must
be sent by certified mail or hand-delivered to the Office of the Borough
Secretary of the Borough of Chambersburg at 100 South Second Street,
Chambersburg, Franklin County, Pennsylvania, and must be received
by the Borough Secretary within 10 days from the date on which the
applicant received notice of the denial of the application for a parade
permit. The Borough Manager must render a decision on said appeal,
in writing, within 10 days of receipt of the appeal. If the applicant
is not satisfied with the Borough Manager's decision, then he or she
may appeal to the Court of Common Pleas of the Thirty-Ninth Judicial
District, Franklin County Branch, within 30 days of the Borough Manager's
written decision.
[Amended 10-14-2019 by Ord. No. 2019-11]
The Borough Secretary, provided the other requirements of this
chapter 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.
Any person, association, organization, firm
or corporation who or which shall violate any provision of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300 and costs of prosecution and, in default of payment
of such fine and costs, to imprisonment for not more than 30 days.
