[HISTORY: Adopted by the Borough Council of the Borough of Carlisle 11-10-1994 by Ord. No. 1787, approved 11-10-1994. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A public display or expression of group feelings toward a person or cause; or a show of force.
- Any gathering in or upon which the streets are occupied for the purpose of a march, procession or demonstration.
- Any individual or group of individuals, association, partnership, firm or corporation. The singular shall include the plural, and the masculine shall include the feminine and the neuter.
- A group of individuals moving along in an orderly or disorderly way in a manner other than for normal pedestrian or vehicular traffic.
- A public right-of-way or portion thereof intended for general public use to provide means of travel for vehicles and pedestrians. The word "street" shall include the words "street," "avenue," "road," "highway," "thoroughfare," "way," "drive," "lane," "court," "cul-de-sac" and "alley" but shall not include "driveway" or "sidewalk."
Except for parades sponsored by the Borough of Carlisle, no parade shall be conducted by any person upon any street in the Borough of Carlisle without first obtaining a permit from the Mayor, or his or her designee. No person shall participate in a parade prior to full compliance with the provisions of this chapter. In the exercise of his or her powers and duties herein, the Mayor may delegate to the Chief of Police full authority to administer this chapter.
Except for parades sponsored by the Borough of Carlisle, an application for a parade permit shall be made on a form prescribed by the Borough and shall be filed with the Mayor, or his or her designee, at least 21 days in advance of the proposed parade date. No fee shall be charged for such permit; however, all costs set forth in § 163-4C shall be paid.
The following information shall be given on said application:
The name, address and telephone number of the person seeking to conduct such parade and requesting the permit.
If other than a natural person, the names, addresses and telephone numbers of other persons of responsibility seeking to conduct such parade and requesting a permit.
The name, address and telephone number of the person or persons who will be in charge of and who will be responsible for its conduct.
A concise statement of the purpose of the parade.
The proposed date of the parade.
The approximate number of persons and vehicles in the parade.
The approximate size and length of the parade.
A map depicting the course of the parade.
The estimated hours of duration.
The Mayor, or his or her designee, shall have limited authority to designate an alternate date, time, duration or course for any parade upon any street for which a permit is requested. This authority shall be exercised solely to accommodate competing demands on the use of public streets. Applicants are encouraged to meet with the Mayor, or his or her designee, in advance of filing an application to discuss their needs and to learn of any traffic or competing conditions which could affect the date, time, duration or course of the intended parade.
The Mayor, or his or her designee, shall have the authority to determine the personnel, supplies and equipment necessary to protect the general public and parade participants during any parade. Acceptance of the permit by the applicant shall constitute acceptance of all permit conditions.
It is the policy of the Borough of Carlisle not to subject its taxpayers to payment of costs associated with any parade not sponsored by the Borough Council. Therefore, direct costs incurred by the Borough to control traffic or crowds as a result of a parade not sponsored by the Borough shall be borne by the applicant. Costs shall be limited to direct out-of-pocket expenses incurred by the Borough such as, but not limited to, wages paid to Borough employees, special fire police wages and the cost of temporary sign and barricade rentals. No permit shall be issued until all costs for prior parade permits issued to the applicant shall have been paid in full.
No permit issued hereunder shall authorize or excuse any breach of the law or any trespass upon the rights of others or render the Borough of Carlisle liable for any damage committed or caused under color thereof.
The Mayor, or his or her designee, may at any time revoke any permit if there shall have been committed any breach of the terms and conditions under which the same was issued or a violation of the terms of this chapter, upon giving to the person to whom the permit was issued notice of such revocation. From the time of such notice of revocation, any act done under color of such permit shall subject the person doing or allowing it to be done to the same penalty as if he or she had done such act without such permit, unless such revocation is disapproved as hereinafter provided.
If any person shall feel aggrieved by actions or decisions of any Borough officer in administering this chapter or by the neglect or the refusal of the Mayor, or his or her designee, to issue such permit as aforesaid or by the terms or conditions imposed or by any revocation of such permit, such person may appeal to the Borough Council upon giving notice to the Borough Manager within one week after such decision, refusal or notice of revocation, and such decision, terms, conditions, refusal or revocation shall be binding upon the appellant until the Borough Council shall disapprove the same or order such modifications as it may deem proper, not inconsistent with Borough ordinances.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, for each and every offense, be sentenced to pay a fine of not more than $1,000 and costs of prosecution for each violation, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Each day's violation of any of the provisions of this chapter shall constitute a separate offense.