[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.
A.
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.[1]
B.
The following information shall be given on said application:
(1)
The name, address and telephone number of the person
seeking to conduct such parade and requesting the permit.
(2)
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.
(3)
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.
(4)
A concise statement of the purpose of the parade.
(5)
The proposed date of the parade.
(6)
The approximate number of persons and vehicles in
the parade.
(7)
The approximate size and length of the parade.
(8)
A map depicting the course of the parade.
(9)
The estimated hours of duration.
A.
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.
B.
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.
C.
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.
