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Borough of Phoenixville, PA
Chester County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
[Ord. No. 2021-2326, 3/9/2021[1]]
The Borough Council finds that streets, public places and private facilities within the Borough are from time to time temporarily closed and used as sites for races, festivals, shows, neighborhood celebrations and other public events that are privately sponsored but open to the public. Events of this kind serve to improve the quality of life of the residents of the Borough and often result in large numbers of people congregating within the confines of the temporarily closed street, public places and private facilities, and the resulting crowd conditions may create concerns for police and fire access and other control concerns related to health, safety and welfare of the public and of persons and property in the designated area. It is therefore essential that a policy be established for regulating these Special Events to facilitate control over them by the sponsor and by the Borough to safeguard persons and property.
[1]
Editor's Note: This ordinance also repealed former Part 13, Special Events, adopted by Ord. 2017-2278, 8/8/2017.
[Ord. No. 2021-2326, 3/9/2021]
1. 
As used in this Part, the following terms shall have meanings as indicated:
APPLICANT
Any person or any sponsoring organization seeking a special event permit from the Borough Council in order to conduct or sponsor an event governed by this chapter. This term shall include, in the case of an organization applying for a special event permit, an individual designated by such organization as the responsible contact person.
APPLICATION
A form required to be filed and approved by Borough Council for any special event.
APPLICATION FEES
A fee for filing the permit application and any additional fees as set forth in the Master Schedule of Fees.
ASSEMBLY
A gathering, meeting or rally of 25 or more people without vehicles, that may interfere with the movement of vehicular or pedestrian traffic on any street or sidewalk or other public property.
BLOCK PARTY
A gathering of the residents on a residential street requiring a closure of a street or a portion thereof to vehicular traffic and use of the street for social and/or entertainment purposes.
BOROUGH
The Borough of Phoenixville, Chester County, Pennsylvania.
BOROUGH COUNCIL
The governing body of the Borough of Phoenixville.
BOROUGH MANAGER
The Borough Manager of the Borough of Phoenixville, or their designee.
EVENT COORDINATOR
A contact person, designated by the sponsor of the special event who acts as the facilitator between the Borough and the sponsor of the event.
FIRST AMENDMENT ACTIVITY
All expressive and associative activity that is protected by the United States and Pennsylvania Constitutions, including speech, press, assembly, and/or the right to petition. For purposes of this chapter, commercial advertising that is regulated by the Code of the Borough of Phoenixville is excluded from this definition.
LICENSEE
An organization or person that has legal permission to conduct activities under this Part.
MOBILE VENDOR
A food service establishment not more than eight feet in width and 18 feet in length attached to wheels and which is capable of moving under its own power or be a self-contained unit readily moved. Such mobile vendor must contain a wash basin and provide napkins and have all utilities and facilities contained within it or capable of hookup thereto in order to serve persons present at its location.
ORGANIZATION
A firm, partnership, association, corporation, society, company nonprofit, charitable entity, or organization of any kind.
PARADE
A march or procession or motorcade consisting of persons, animals or vehicles, or any combination thereof, upon any public street, sidewalk, alley or other street right-of-way in the Borough, that obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws or controls.
PERMIT
Any written authorization issued as required by this chapter for the conduct or performance of a special event.
PERMITTEE
Any person or any sponsoring organization to whom a special event permit is issued by Borough Council.
PERSON
Any individual.
PUBLIC PLACE
Any public place, park, playground, ball field, band shelter, gazebo, school ground, playing field or other areas owned, operated or leased by the Borough.
RIGHT-OF-WAY
A public street, alley, sidewalk or crosswalk, including bike and pedestrian paths.
SPECIAL EVENT
A parade, assembly, athletic event, street fair, art and craft show, carnival, soap box derby, rally, or other special event or activity that occurs in a public place or on a Borough street, sidewalk, alley or other street right-of-way and that obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws and controls, but excluding a block party. The term "special event" shall also include indoor or outdoor concerts, displays, fairs and athletic events occurring on private property and designed to attract large crowds such that the event will interfere with normal traffic flow. For purposes of this chapter, a special event regulated elsewhere in the Code of the Borough of Phoenixville, including those on Phoenixville parks, are excluded from this definition and this chapter.
SPONSOR
An organization or person that is responsible for setting up and/or staging the activities under this Part.
SUPPORT SERVICES
Those which can or must be provided by the Borough to ensure that an event is conducted in such a manner as to protect the rights, safety, health, property and general welfare of its residents. This includes but is not limited to fire protection, crowd management and control, traffic management and solid waste management.
2. 
Word usage. The present tense includes the future tense. The singular includes the plural and the plural includes the singular. The masculine includes the feminine.
[Ord. No. 2021-2326, 3/9/2021]
Any person or organization seeking to conduct or sponsor a special event in Phoenixville Borough shall first obtain a special event permit from Borough Council. A special event permit shall not be required for the following:
1. 
Funeral processions.
2. 
Any special event sponsored by the Borough, whether or not occurring exclusively on Borough property.
3. 
Any activity held solely on private property that does not require for its successful execution the provision and coordination of Borough services to a degree equal to and/or over and above that which the Borough routinely provides.
4. 
First Amendment activity on Borough streets or sidewalks that will not likely result in the obstruction of Borough streets or sidewalks nor compromise the ability of the Borough to respond to a public safety emergency.
5. 
Wedding processions.
6. 
Students going to and from school or other classes or educational activities, provided that such activity is under the immediate direction and supervision of the proper school authorities.
7. 
Activities of governmental agencies.
8. 
Permits issued by the Phoenixville Chief of Police for a block party.
[Ord. No. 2021-2326, 3/9/2021]
No permit shall be issued authorizing the conduct of a special event 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.
[Ord. No. 2021-2326, 3/9/2021]
The sponsor must submit an application for a special event permit to the Borough at least 90 days prior to the special event date. The application must be submitted in writing and must include the sponsor's name, lead contact person, telephone number, site location, dates, times, estimated participants, and any other information that would assist in the approval process. All applications for permit require an application fee. The application fee and any additional fees shall be as set forth in the Master Schedule of Fees.
[Ord. No. 2021-2326, 3/9/2021]
1. 
Upon receipt of an application, the purpose of the Borough staff review is to provide a mechanism which will allow the Borough to plan, evaluate, and coordinate any special event, which will allow the establishment of terms and conditions within which the event may be conducted and will allow the sponsor or any involved event planners to plan and manage the event within the context of the established terms and conditions.
2. 
The Borough staff review of special events may involve input from the following personnel (which can be reduced or increased to include other personnel at the Borough Manager's discretion):
A. 
Borough Manager.
B. 
Police Chief.
C. 
Fire Chief.
D. 
Public Works Director.
E. 
Codes Director.
3. 
The sponsor of any special event shall provide the name and contact information of the event coordinator as part of the application.
A. 
The sponsor shall submit the application to conduct any special event which is planned for a large number of participants, and also to furnish any additional information that may be requested for a thorough Borough staff review. The sponsor shall abide by all of the terms and conditions established as part of the approval process. The sponsor shall provide for the protection of the safety, health, property and general welfare of those attending and participating in the special event.
4. 
The Borough staff members participating in the Borough staff review of the special event are charged with reviewing, evaluating and recommending to the Borough Council, the approval/disapproval of any request for a special event, including an estimate of the cost of support services as needed, in addition to any other duties determined to be needed by the Borough Manager.
A. 
The Borough is responsible for determining whether to issue permits and licenses for special events and establishing guidelines for the safe and proper conduct of such events. To fulfill these responsibilities, the Borough must determine if such events can be safely and properly conducted and the terms and conditions under which an approved event may be conducted.
[Ord. No. 2021-2326, 3/9/2021]
1. 
The staff members conducting the Borough staff review will review and recommend to the Borough Manager the approval/disapproval of each proposed special event on its own merits. In reviewing a proposed special event, staff members will also review, evaluate and determine the costs of support services required for the special event the cost of support services that will be charged to the sponsor. The Borough staff review will involve considering of various criteria and factors, including but not limited to, the following:
A. 
Is the proposed special event considered desirable for the Borough?
B. 
Does the Borough have the ability to provide, if needed, the required support services regardless of who bears the cost?
C. 
Does the proposed special event conflict with any other proposed events or activities?
2. 
The Borough staff members conducting the Borough staff review shall recommend to either approve or disapprove a proposed special event, submitting the conditions required if approved, submitting the costs of support services and any other related issues to the Borough Manager in a timely manner so as not to delay the planning process.
3. 
The final approval for the special event proposed, along with all costs and conditions attached, will be made by the Borough Council in a public meeting of the Borough Council. The decision of approval/disapproval made by the Borough Council will be final.
4. 
The Borough Council reserves the right to waive any or all fees or any part of the Application as they deem in the best interest of the special event or the Borough of Phoenixville.
[Ord. No. 2021-2326, 3/9/2021]
The Borough will notify the sponsor of a special event within five days of the final decision. This notification will include the approval/disapproval of the proposed special event along with any costs and/or conditions attached.
[Ord. No. 2021-2326, 3/9/2021]
1. 
Approval to conduct a special event by this process does not relieve the sponsor or any participants, including but not limited to peddlers, vendors, mobile vendors, or exhibitors, from the responsibilities of applying for any other permits or licenses or meeting any other requirements which may be applicable in this chapter with respect to the following items:
A. 
Fireworks.
B. 
Street closings. Any requested street closure must be submitted for consideration by the Borough Council and separately approved by the Borough Council.
C. 
Peddlers/solicitation.
D. 
Flyers/postings/banners.
E. 
Vendors including mobile vendors.
F. 
Health Department.
G. 
Distribution of advertising materials.
2. 
All special events must obtain liability insurance in the amount denoted on the application, which may change from time to time, with the Borough being named as an additional insured, or a larger amount in the discretion of the Borough. This insurance shall satisfy all insurance requirements for the Borough for holding the special event. The insurance policy may be subject to the review and approval of the Borough Solicitor.
3. 
All required permits, licenses, security deposits, fees and insurances policies must be obtained no later than 10 days prior to the special event. All regulations and/or requirements set forth in this Chapter 13 related to special events may be waived or adjusted for special events at the Borough Council's discretion.
[Ord. No. 2021-2326, 3/9/2021]
1. 
No special event will be permitted to operate prior to 7:00 a.m. and must conclude no later than 10:00 p.m. Actual times for the special event must be approved as part of the approval process.
2. 
Inspections by the Borough's Fire and Code Departments must be completed. This will include a pre-event inspection and any other inspection(s) deemed necessary by the Borough.
3. 
Site maintenance is the responsibility of the sponsor, and the site must be left in a clean condition. This may be required on a daily basis. A sufficient number of covered rubbish containers shall be provided at each site immediately adjacent to the mobile vendor to hold material discarded by its customers, and the licensee shall cause the same to be emptied as necessary. In no case shall such containers be more than 10 feet from the mobile vendor vehicle. A licensee shall keep sidewalks, roadways, and other public or private spaces adjoining and adjacent to his location clean and free from paper and refuse of any kind which may be generated by the operation of the business.
4. 
Additional services may be provided and/or required from the Borough and charged to the sponsor of special event. The cost for these services could include, but not limited to, any of the following:
A. 
Temporary parking signs.
B. 
Barricades.
C. 
Additional police protection.
D. 
Security.
E. 
Emergency medical services.
F. 
Utilities.
G. 
Restroom facilities.
[Ord. No. 2021-2326, 3/9/2021]
The Borough reserves the right to change a parade route, assembling area, disbanding area and/or location of any special event from those proposed on the special event permit application to other routes and areas, at any time prior to the special event if the Borough Manager determines that the safety of the public or property requires such changes. Notice of such action shall be delivered, in writing, to the permittee by personal service or by certified mail.
[Ord. No. 2021-2326, 3/9/2021]
Any special event permit issued pursuant to this chapter may be summarily revoked by the Borough Manager at any time when by reason of the occurrence of a disaster, public calamity, riot or other emergency, the Borough Manager determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered, in writing, to the permittee by personal service or by certified mail. Revocation of the permit may take place up to and during the special event.
[Ord. No. 2021-2326, 3/9/2021]
No person shall knowingly join in any parade or other special event conducted under a permit issued by Borough Council in violation of any of the terms of the permit, knowingly join or participate in any permitted parade or other special event without the prior consent of the permittee, or in any manner interfere with the progress or orderly conduct of any permitted parade or other special event.
[Ord. No. 2021-2326, 3/9/2021]
The Phoenixville Police Department 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 route or special event area. The Police Department shall post signs and/or place meter bags giving notice of such restrictions and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
[Ord. No. 2021-2326, 3/9/2021]
The Borough Manager may, in their sole discretion, cancel any special event due to inclement or threatening weather, or hazardous or wet site conditions.
[Ord. No. 2021-2326, 3/9/2021]
Application fees are nonrefundable. Fees paid by the applicant for all other Borough expenses in anticipation of the special event shall be refunded to the permittee.
[Ord. No. 2021-2326, 3/9/2021]
1. 
Any person violating any provision of this chapter shall be guilty of a summary offense, and upon conviction thereof in a summary proceeding, shall be sentenced to pay a fine of not less than $300 nor more than $1,000 for each offense, and in default of the payment thereof, shall be sentenced to imprisonment for a term not exceeding 30 days. Such fines or penalties shall be collected as like fines or penalties are by law collected. Borough Council shall have the ability to withhold future permit approval until all fines and penalties are paid in full.
2. 
Any person conducting or sponsoring a special event without first providing the necessary fees and deposits as required by this chapter shall be billed for the actual cost by Phoenixville Borough for police, cleanup services and other Borough services. Failure to pay such costs billed by the Borough for such services within 15 days shall result in the imposition of a 10% penalty and interest at the rate of 1% per month until said costs are collected.