[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:
A.
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.
B.
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:
A.
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.
B.
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.
C.
The approximate number of persons and vehicles who will
participate in the parade.
D.
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:
A.
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.
B.
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.
C.
No profane, indecent or obscene talk shall be permitted
during the parade.
D.
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.
A.
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:
(1)
The conduct of the parade will interrupt the safe and
orderly movement of other traffic contiguous to the parade route.
(2)
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.
(3)
The parade represents a risk of harm to the citizens
of the Borough or would endanger the public health, safety or welfare.
B.
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.
A.
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.
B.
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.
C.
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.
