[Ord. No. 612, 7/9/2018]
As used in this Part, the following terms shall have the meanings
indicated:
The Borough of Edinboro.
The Borough Council of the Borough of Edinboro.
The Borough Manager of the Borough of Edinboro.
The Chief of Police of the Borough of Edinboro Police Department.
Any parade, march, ceremony, show, exhibition, block party,
carnival, pageant, procession or gathering of any kind or any similar
display in or upon any street, park, or public place in the Borough;
any gathering in or upon which the streets are occupied for the purpose
of a march, show, procession or demonstration. Gatherings on sidewalks
that do not block the sidewalk are not to be considered as events.
A permit as required by this Part.
Any individual or group of individuals, firm, partnership,
association, corporation, company, or legal entity 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.
[Ord. No. 612, 7/9/2018]
No event shall be conducted by any person upon any street in
the Borough without first obtaining an event permit from the Borough
Council through the Borough Manager, or designee. No person shall
participate in an event prior to complying fully with the provisions
of this chapter. The Borough Manager shall inform the Borough Council
of the granting and issuance, denial or revocation of any event permit.
The granting of an event permit shall not constitute an endorsement
of the applicant by the Borough.
[Ord. No. 612, 7/9/2018]
[Ord. No. 612, 7/9/2018]
1.
A person seeking issuance of an event permit shall file an application
with the Borough Manager, or designee, on a form provided by the Borough.
2.
An application for an event permit shall be filed with the Borough
Manager, or designee, no less than 28 days in advance of the proposed
event date. Where good cause is shown, the Borough Manager, or designee,
shall have the authority to consider any application hereunder and/or
any revision to a previously submitted application which is filed
less than 28 days in advance of the proposed event date.
3.
The following information shall be included on an event permit application:
A.
Name, address, and telephone number of the person seeking to conduct
such event and requesting the event permit.
B.
If the event 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 the names of the individuals responsible for
the organization.
C.
The date when the event is to be conducted, and the hours when such
event will start and terminate.
D.
The route to be traveled, the starting point and the termination
point, including a map depicting the course of travel, if applicable.
E.
A statement as to whether the event will occupy all or only a portion
of the width of the streets or public lands proposed to be occupied.
F.
A list of all vendors who will be present at and/or participate in
the event.
G.
A certificate of insurance, naming the Borough as an additional insured.
H.
If the event will include the serving of alcoholic beverages, an
appropriate permit from the Pennsylvania Liquor Control Board evidencing
the legal authorization of person and/or vendor(s) to sell alcoholic
beverages during the event.
I.
Any additional information which the Borough Manager shall find reasonably
necessary in order to make a fair determination as to whether an event
permit should be issued.
[Ord. No. 612, 7/9/2018]
No event permit issued hereunder shall authorize or excuse any
breach of the law or any trespass upon the rights of the citizens
of the Borough or render the Borough liable whatsoever for any damage
committed and/or caused by any organization in receipt of an event
permit.
[Ord. No. 612, 7/9/2018]
The Borough Council shall have the express authority to pass
a resolution which shall set the fee for issuance of an event permit.
The Borough Council shall have the express authority and sole discretion
to waive said fee for any events that are held for a charitable purpose.
[Ord. No. 612, 7/9/2018]
Each person filing an application for an event permit shall
provide the Borough with a certificate of insurance, from an insurance
company authorized to do business in the Commonwealth of Pennsylvania,
evidencing that said person maintains insurance for personal injury
claims, including accidental death, as well as claims for property
damages which may arise from the conduct of the event. The certificate
of insurance shall name the Borough as an additional insured. The
minimum coverage of such insurance required for each event permit
applicant shall be determined by the Borough Manager, or designee,
on a case-by-case basis.
[Ord. No. 612, 7/9/2018]
1.
The Borough Manager, or designee, shall have the authority to propose
an alternate date, time, duration, or course for any event upon any
street or public area for which an event permit is requested. This
authority shall be exercised to accommodate competing demands on the
use of public streets.
2.
The Chief of Police, or designee, shall have the authority to determine
the necessary personnel, supplies, and equipment for any parade. Acceptance
of the event permit by the applicant shall constitute acceptance of
all event permit conditions proposed by the Borough.
[Ord. No. 612, 7/9/2018]
1.
The Borough Manager shall have the authority to deny the issuance
of an event permit for any of the following reasons:
A.
The application for event permit is not fully completed and executed.
B.
The applicant has not tendered the required certificate of insurance.
C.
The application for event permit contains a confirmed material falsehood
or representation.
D.
The applicant is legally unable to contract or to sue or be sued.
E.
The applicant or the person on whose behalf the application for event
permit was made has on prior occasions damaged property of the Borough
or has outstanding and unpaid debts to the Borough.
F.
An event permit has been or will be granted to a prior applicant
authorizing uses or activities which do not reasonably permit multiple
occupancy at the same time and location as a subsequent application.
G.
The proposed event would conflict with previously planned programs
organized and conducted by the Borough and previously scheduled for
the same time and location.
H.
The proposed event is prohibited by or inconsistent with the classifications
and uses of any street, park, or other public place in the Borough,
or part thereof.
I.
The proposed event would present an unreasonable danger to the health
or safety of the citizens of the Borough.
J.
The proposed event is prohibited by law, by this Part or by the Code
of the Borough.
2.
If an event permit is denied by the Borough Manager, the denial shall
clearly explain the reason for the denial and any steps necessary
to remediate a future application.
3.
The Chief of Police, or designee, shall have the authority to withdraw
permission to conduct any event if they feel that, due to severe adverse
weather and/or traffic conditions, the event would be unsafe for the
citizens of the Borough.
4.
The Borough Manager or Chief of Police, or their respective designees,
may, at any time, revoke any event permit if there has been a breach
of any of the terms and conditions under which the event permit was
issued or a violation of the provisions of this Part has occurred.
Said revocation shall become effective upon giving of a notice of
revocation, in writing, to the person to whom the permit was issued.
Said notice of revocation shall clearly state the reasoning for the
revocation and the necessary steps if any, that must be taken to correct
the notice of revocation. The Borough Manager or the Chief of Police,
or their respective designees, may rescind a revocation and reinstate
an event permit at any time.
[Ord. No. 612, 7/9/2018]
Any violations of this Part may result in action being brought
before a Magisterial District Judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The fine for such violations shall not be less
than $100 nor more than $1,000 for each violation. A separate offense
shall arise for each day in which a violation is found to exist. Any
person found guilty of violating this Part shall be assessed court
costs and reasonable attorney fees incurred by the Borough in the
enforcement proceedings brought in accordance with this Part.
[Ord. No. 612, 7/9/2018]
Any applicant for an event permit or renewal who is aggrieved
by the denial, refusal or revocation of a permit may submit a written
appeal to the Borough Council of the Borough of Edinboro within five
days from the date of the denial, refusal or revocation. After a reasonable
opportunity for the appellant and the Borough to be heard, the Borough
Council shall consider such appeal at the next regularly scheduled
meeting of the Borough Council.
