[HISTORY: Adopted by the Borough Council of the Borough of
New Wilmington 3-7-2016 by Ord.
No. 517. Amendments noted where applicable.]
As used in this chapter, the following words and terms shall
have the respective meanings ascribed to them:
Any assemblage, parade or special event.
Ethyl alcohol of any degree of proof originally produced
by the distillation of any fermented liquid, whether rectified or
diluted with or without water, whatever may be the origin thereof,
and shall include powdered alcohol and synthetic ethyl alcohol, but
shall not mean or include ethyl alcohol, whether or not diluted, that
has been denatured or otherwise rendered unfit for beverage purposes.
[Added 10-2-2017 by Ord.
No. 521]
Any distilled drink, spirit, liquor or fermented drink containing
alcohol including, but not limited to, beer, malt or brewed drink,
ale, lager, wine, liqueur, whiskey, tequila, vodka, alcohol cider,
mead and rectified spirit.
[Added 10-2-2017 by Ord.
No. 521]
A collection or gathering of 10 or more individuals on Borough
Property for a consecutive period of time in excess of one hour.
The Borough of New Wilmington, Lawrence County, Pennsylvania.
Any public street, alley, lane, highway, sidewalk or public
right-of way, park, recreational area, building, facility or other
property owned, controlled or maintained by the Borough.
The council of the Borough of New Wilmington, Lawrence County,
Pennsylvania.
Any assemblage of five or more individuals participating
in any organized activity, event, march, ceremony, or procession of
any kind, in or upon any Borough property continuing for a period
in excess of 10 minutes.
A written authorization as required by this chapter.
Any individual, firm, partnership, unincorporated association,
corporation, company, limited liability company or any other type
of organization or entity.
The duly appointed chief of police of the Borough or his
designee.
The duly appointed secretary of the Borough.
Any planned or organized event such as festivals, celebrations,
concerts, shows, exhibitions, or similar events, intended to attract
and/or assemble 10 or more individuals on Borough property.
A.
No person shall engage in, participate in, aid, form, or commence
any activity unless a permit shall have been obtained from the Borough.
B.
No person may conduct or otherwise participate in any activity between
11:00 p.m. and 8:00 a.m.
C.
This chapter shall not apply to funeral processions supervised by
a licensed mortuary, the Borough's fire department, or any of
its departments, boards or commissions for activities related to official
duties.
A.
Any person seeking issuance of a permit shall file an application
with the Borough Secretary, who shall transmit the same to the Police
Chief, on forms provided by the Borough, at least 20 business days
and no more than 90 days prior to the time at which it is proposed
to conduct an activity. The Police Chief shall not approve any application
for a permit when he determines that there is a conflict in both schedule
and location with another activity for which a permit has been previously
granted or will be granted prior to the proposed activity.
B.
The application for a permit shall require the following information:
(1)
The purpose of the activity.
(2)
The name, address, and telephone number of the person seeking to
conduct such activity.
(3)
If the activity is proposed to be conducted for, on behalf of, or
by a person other than an individual, the name, address, and telephone
number of the headquarters or its principal place of business or office,
and of the authorized and responsible heads of such entity.
(4)
The name, address, and telephone of the individual to be in charge
of the activity.
(5)
The date on which the activity is to be conducted and the hours that
such activity will commence and terminate.
(6)
If the proposed activity is an assemblage or special event, the location
and times beginning and ending. If the proposed activity is a parade,
the proposed route to be traveled for the parade, the starting point,
and the termination point. For any activity, the applicant shall include
a statement whether the activity shall or shall not occupy all or
any portion of the width of any public street, alley, lane, highway
or sidewalk within the Borough. If any such occupation is intended,
the passage ways shall be identified.
(7)
The best estimate of the number of individuals who, and vehicles
which, will constitute such activity and a general description of
the vehicles.
(8)
If the activity is designed to be held by, or on behalf of, or for,
any living individual or existing person other than the applicant,
the applicant for such permit shall file with the Police Chief a written
consent from such other person authorizing the applicant to apply
for the permit.
(9)
The location by address or commonly known name of any area that the
applicant proposes as the venue, together with a description of the
activities planned during the activity, including, but not limited
to, a description of any sound amplification equipment that will be
used during the activity.
(10)
Whether or not alcoholic beverages will be offered or consumed
during the activity.
[Added 10-2-2017 by Ord.
No. 521]
(11)
Whether or not any individuals under the age of 21 will be permitted
to attend or participate in the activity.
[Added 10-2-2017 by Ord.
No. 521]
Within five business days after the filing thereof, the Police
Chief shall issue a permit as provided in this chapter if in his sound
and reasonable discretion the following criteria shall be met:
A.
The applicant has agreed to abide by the requirements of this chapter
and all other applicable federal, state and local laws and regulations;
B.
The location proposed for the activity appears to be a proper venue
taking into consideration the number of expected participants, the
type of event, resources required of the Borough, the volume of sound,
the time and length of the proposed activity, the parking needs; and,
the reasonable expectations of residents and businesses balanced against
the reasonable needs of the applicant.
C.
No other person has been issued or will be issued a permit that would
conflict with the requested permit. If two or more applications contemporaneously
request the same date for a permit, the Police Chief shall give priority
to the application first filed;
D.
The proposed activity does not conflict with the temporary closing
of streets by the Borough;
E.
The time, route, or size of the proposed activity will not significantly
disrupt vehicle or carriage traffic; and
F.
The activity will not materially interfere with normal police, fire,
protection and services in the Borough.
G.
Payment of an administrative fee, not to exceed $300, in such amount
as the Police Chief deems appropriate, considering the time, costs
and expenditure of Borough resources in connection with issuance of
the permit and the activity.
A.
If the Police Chief disapproves the application, he/she shall notify
the applicant of the decision, stating the reasons for the denial
of the permit. Upon the denial of an application for a permit the
applicant may appeal to Council within seven business days after the
date notice of the denial is sent by first-class mail, postage prepaid,
to the applicant at the address on the application, or five business
days after personal delivery of the decision to the applicant. Appeal
may be made by delivering a letter of appeal to the Borough secretary,
who shall set the appeal for hearing by Council at its next regularly
scheduled meeting, or if the Council desires, a special meeting may
be scheduled.
B.
The Police Chief, in approving an application, may authorize the activity at a date, time, route or location different from that proposed by the applicant. The Police Chief shall state the reasons for the issuance of the alternative permit location based on the criteria listed in § 100-4 of this chapter.
C.
An applicant desiring to accept a permit shall within five days of
receipt of notice of the issuance of the permit gives written notice
to the Borough secretary of the acceptance of the same. Absent such
timely notice, Council may consider the permit rejected.
A.
No explosives, hazardous materials, firearms or dangerous weapons
of any kind, may be possessed, either exposed or concealed, by any
participant in the activity, any individual present at the activity
or on Borough Property within 500 feet of the activity, except as
permitted in this subsection. For the purpose of the section, the
term "dangerous weapon" shall be defined as any device designed or
capable of being used to inflict serious injury upon person or property,
including but not limited to, firearms, knives of any kind or any
type having a blade in excess of three inches in length, razors and
razor blades, metallic knuckles, clubs, blackjacks and night sticks,
rocks, bottles or bricks, and dynamite cartridges, bombs, grenades,
mines, or other powerful explosives. This restriction shall not apply
to the following persons while acting lawfully and within the scope
of their duties and authority:
B.
The individual and any entity for whom the permit has been issued
shall be responsible and liable for compliance with all of the terms
of the permit.
C.
Every parade shall follow the route designated and approved by the
Police Chief, and every assemblage and special event shall remain
in the parameters designated and approved by the police chief.
D.
The individual designated in the application as responsible for the
physical conduct of the activity shall be responsible for ensuring
that any booths, stands, equipment or other tangible property used
in the activity and any participants in the activity, are removed
from the area within 48 hours following the time for conclusion of
the activity.
A.
Participants in an activity are required to abide by this chapter
and the terms of the permit. Any violation of the permit or this chapter
is punishable as provided by the Borough Code. Each violation of which
subsequent violations occurring on subsequent days shall constitute
a separate violation. Each violation may be penalized with a fine
not to exceed $600. If guilty of a violation the violator shall be
responsible for payment of court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings.
B.
Upon failure of the guilty violator to pay the fine, costs or attorneys
fees, the Borough may proceed in the manner provided by the Borough
Code or by other applicable law and equity to collect the same and
it also may collect its reasonable attorney's fees incurred in
the collection proceedings.
C.
The individual so designated in the application as responsible for
the activity shall be responsible for monitoring the conduct of the
participants in the activity.
The Police Chief may revoke any permit granted for an activity
if any participant in an activity violates the permit or this chapter
or if the safety, health and welfare is placed in danger of harm's
way.
No person shall hamper, obstruct, impede, or interfere with
any activity, or with any person, vehicle or carriage participating
or used in an activity.
