All traffic and parking regulations of a permanent
nature shall be enacted as ordinances or as parts of ordinances or
as amendments to ordinances of the Borough of Carlisle.
[Amended 11-10-1994 by Ord. No. 1788]
A. The Borough Manager or designee shall have authority
to close any street or specific part of a street to vehicular traffic
and to place barriers or station police officers at each end of the
closed portion while construction maintenance work is under way. It
shall be unlawful for any person to drive a vehicle upon any such
closed portion.
B. The Borough Manager or designee shall have authority
to establish a restricted traffic area upon any street where construction
or maintenance work is under way and to station flagmen at each end
of the restricted portion. It shall be unlawful for any person to
drive a vehicle upon any such restricted traffic area at any time
when the flagman is displaying a sign directing that vehicle to stop
or is signaling that vehicle, by a flag or other device, not to proceed.
C. The Borough Council shall have authority to close
any street or specific part of a street or sidewalk and to place barriers
or station police officers at each end of the closed area while a
special event is being conducted on the closed area. For any such
special event, the following shall apply:
(1) Definitions. As used in this section, the following
terms shall have the meanings indicated:
PERSON
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.
SPECIAL EVENT
An occasion requiring the occupation of streets or sidewalks for purposes other than normal pedestrian or vehicular traffic and for which purposes Chapter
163, Parades, of this Code is inapplicable. A demonstration or procession, as those terms are defined in Chapter
163 of this Code, or a march shall not be considered a "special event."
STREET
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."
(2) Approval required. No special event shall be conducted
by any person upon any street or sidewalk in the Borough of Carlisle
without first obtaining approval from the Borough Council. No person
shall participate in a special event prior to full compliance with
the provisions of this section.
(3) Approval application.
(a)
The application for approval of a special event
shall be made on a form prescribed by the Borough and shall be filed
with the Borough at least 45 days in advance of the special event.
No fee shall be charged for such approval; however, all costs set
forth herein shall be paid.
(b)
The following information shall be given on
said application:
[1]
The name, address and telephone number of the
person seeking to conduct such special event and requesting the approval.
[2]
If other than a natural person, the names, addresses
and telephone numbers of other persons of responsibility seeking to
conduct such special event and requesting approval.
[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 special
event.
[5]
The proposed date of the special event.
[6]
The hours during which such special event shall
be conducted.
[7]
The streets or sidewalks in or upon which the
special event will be conducted.
(4) Conditions.
(a)
The Borough Council, upon recommendation of
the Borough Manager, shall have full authority to determine the personnel,
supplies, equipment and insurance requirements necessary to protect
the general public and special event participants. The applicant shall
be bound by all such conditions of approval.
(b)
It is the policy of the Borough of Carlisle
not to subject its taxpayers to payment of costs associated with any
special event not sponsored by the Borough Council. Therefore, direct
costs incurred by the Borough to control traffic or crowds as a result
of a special event 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 approval shall be issued until all
costs for prior special events approved for the applicant shall have
been paid in full.
(5) Limitations on approval. No approval granted 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.
(6) Revocation of approval. The Borough Manager may at
any time revoke any approval 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 section, upon giving to the person
to whom the approval was issued notice of such revocation. From the
time of such notice of revocation, any act done under color of such
approval 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
approval.
(7) Violations and penalties. Any person who shall violate
any of the provisions of this section shall, upon conviction thereof,
for each and every offense be sentenced to pay a fine of not less
than $300 for each violation. Each day's violation of any of the provisions
of this section shall constitute a separate offense.
The police shall have authority to direct traffic
on the streets in the Borough, at intersections in public and in other
places where the Vehicle Code or this chapter applies.