[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 3-7-1955 by Ord. No. 432; amended in its entirety 7-14-1993 by Ord. No. 93-4. Subsequent amendments noted where applicable.]
No person, association, firm or corporation shall conduct any street parade, street meeting or public gathering of any kind upon any street or public ground in the Borough of Downingtown without first having obtained a permit therefor from the Mayor.
The application for such permit shall be made to the Mayor in writing, at least 45 days in advance of such parade, street meeting or other gathering. The applicant shall pay the following fees with its application for a parade permit:
The Mayor, upon approval of the Borough Council President, shall have the right to waive the permit fee and the forty-five-day notice requirement outlined above for spontaneous parades, street meetings or other public gatherings celebrating events of importance to the Borough, Commonwealth of Pennsylvania and the nation, including celebrations of the accomplishments of local sports teams, the end of wars or other conflicts of national significance.
The Director shall have the right to waive the permit fee and/or the requirement of advanced notice of 45 days for groups or organizations of a religious, charitable or nonprofit nature or for any group or organization if there are circumstances unique to that group or organization which justify the waiver to assure the public safety and welfare of the Borough or the Borough's best interests.
[Added 12-8-1993 by Ord. No. 93-17]
The individual making application for a parade permit must be a resident of the Borough of Downingtown or an owner of a business located in the Borough of Downingtown. A post office box address will not be acceptable, and the Mayor shall have the right to deny the parade permit if a street address of the applicant is not provided within the application. The application shall set forth the following information:
The name, address and telephone number of the person wishing to conduct the parade, if other than the individual making the application, or the name, address and telephone number of the organization sponsoring the parade and the name of the president or chief executive officer of that organization. If the parade is sponsored by a charitable, patriotic or religious group, body or corporation, then its officers shall verify the application and any statements made in the application.
The streets or other public place where the parade, meeting or gathering will take place, including the starting points and termination points of said parade or public gathering.
The approximate number of persons and vehicles who will participate in the parade.
The hours when such parade will start and terminate.
Any permit issued under this chapter shall be subject to the following conditions, and the applicant shall assure that the group participating in the parade abides by said conditions:
The participants of the parade shall not engage in any illegal activities or engage in any conduct which violates the ordinances, statutes, laws or enactments of this Borough or of the Commonwealth of Pennsylvania.
The participants shall not engage in any loud, boisterous conduct or allow loud noise, talk or music to a degree that causes annoyance to residents along the parade route.
No profane, indecent or obscene talk shall be permitted during the parade.
The individual or organization sponsoring or conducting the parade shall be responsible to the Borough for damage caused to Borough property by the participants of the parade. The individual or organization sponsoring or conducting the parade shall also be responsible to the Borough of Downingtown for excessive costs and expenses incurred by the Borough of Downingtown for additional services provided by the Borough, including additional police protection and cleaning and maintenance services. Where the applicant is not the individual or organization sponsoring the parade, then the Borough shall have the right to contact the applicant to seek reimbursement for the Borough's damages and expenses.
If the Mayor shall deny an application for a permit under this chapter, the Mayor shall notify the applicant, in writing, of the denial and the reasons for such denial. The Mayor shall have the right to deny an application for reasons including but not limited to the following:
The conduct of the parade will interrupt the safe and orderly movement of other traffic contiguous to the parade route.
The parade is scheduled for the same date and time as another parade for which a permit has been properly issued, and the conflict cannot be resolved by providing an alternative site for the parade.
The parade represents a risk of harm to the citizens of the Borough or would endanger the public health, safety or welfare.
If the Mayor approves of any application submitted pursuant to this chapter, then, within 15 days, he shall submit a copy of said application to the Borough President, the Director and the Police Chief.
Any violation of any one or more of the regulations and conditions set forth above shall be sufficient grounds for the Mayor or his or her designee to immediately revoke the permit and order the participants in the parade to cease and desist their activities. Upon such notice of immediate revocation, the participants shall cease and desist their activities and shall be prevented from applying for another permit for at least two years from the date of revocation.
If the violation is not discovered by the Mayor until the parade has ended, then the Mayor shall suspend for two years the right of any participant in the parade and the individual or organization sponsoring the parade to apply for another parade permit.
The Mayor or his or her designee may extend the suspension beyond this two-year period if, in his or her sole discretion, the Mayor or his or her designee determines that the person or organization which previously violated this chapter will not conduct a future parade in accordance with the regulations and conditions set forth within this chapter or will, if allowed to conduct such parade, pose a threat to the public health, safety and welfare.
Any individual or organization who has been denied a permit to conduct a parade or whose permit has been revoked or right to apply for a permit suspended shall have the right to appeal said denial, suspension or revocation to Borough Council, in writing, within 15 days from receipt of the notice of said denial, suspension or revocation. Borough Council shall conduct a hearing on said appeal within 30 days from the date of filing the appeal. Borough Council shall render a decision within 45 days after the hearing either upholding the denial, suspension or revocation or granting the appeal and ordering the Mayor to grant the permit or rescind his or her revocation or suspension notice.
Any person, association, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof before any District Justice of the Borough, be sentenced to pay a fine of not more than $600, and costs of prosecution, for each offense and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 30 days.