This chapter shall be known and may be cited as the "parade Regulations"
of the Borough of Kutztown.
This chapter is enacted pursuant to the authority of the laws of the
Commonwealth of Pennsylvania, including, but not limited to, Subsections (1),
(6), (17), (20) and (74) of § 1202 of the Pennsylvania Borough Code
(53 P.S. § 46202).
As used in this chapter, the following terms shall have the meanings
indicated:
APPLICATION
The form approved by the Borough Council and available at the Borough
Hall that a person seeking a parade permit must complete and submit to the
Borough Secretary.
BOROUGH
The Borough of Kutztown, Berks County, Pennsylvania.
BOROUGH MANAGER
The Borough Manager of the Borough of Kutztown, or his or her designee.
CARTWAY
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
CHIEF OF POLICE
The Chief of Police of the Kutztown Borough Police Department, or
his or her designee.
PARADE
Any march, ceremony, show, exhibition, pageant or procession of any
kind, or any similar display, in or upon any public street, requiring the
closing of the cartway to regular vehicular traffic, in the Borough. The term
"parade" shall refer to each of a "standard parade," a "special parade" and
a "spontaneous parade", unless the context requires otherwise.
PARADE SERVICES FEE
The amount of money to be paid by a person seeking a parade permit necessary to pay the Borough's cost in providing pedestrian and vehicular traffic control, solid waste/refuse removal, and public sanitation/restroom services, determined in accordance with §
155-6 of this chapter, but excluding police and related public safety costs which are not directly related to pedestrian and vehicular traffic control. For a spontaneous parade, this fee shall be a maximum of $1,500.
PARTICIPANT
persons standing, attending, observing, marching, walking, running,
exhibiting, parading or otherwise participating in a parade (either on foot
or while riding on an animal, vehicle, float or other objects) in the cartway.
The term "participant" includes vendors, concessionaires, amusement ride operators,
and all other persons performing services or engaging in activities within
the cartway in connection with the parade.
PERMIT
The permit required by this chapter to be issued prior to the conduct
of a parade. Such permit shall be in such form as the Borough Council shall
determine by resolution from time to time and shall set forth the criteria
with which the permittee is required to comply.
PERSON
Any individual, firm, partnership, association, corporation, company,
trust, organization or entity of any kind.
SPECIAL PARADE
Any parade having a total number of participants exceeding 2,000.
STANDARD PARADE
Any parade other than a special parade or a spontaneous parade.
STREET
Shall have the meaning set forth in Section 111(6) of the Pennsylvania
Borough Code, as amended from time to time, with respect to all such public
streets.
Before issuing a parade permit, the Borough Secretary shall insure that
the person to whom the parade permit is to be issued has paid the parade services
fee in full.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be guilty of a summary offense and be punished by a fine of not less
than $100 nor more than $1,000 and/or by imprisonment for a term not to exceed
30 days. A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
The Borough Council is aware that during its consideration of the enactment
of this chapter and while seeking public comment on its enactment, citizens
may have been planning one or more potential parades. The Borough Council
does not wish to abridge the rights of those persons contemplating such events.
The Borough has also begun public safety preparations, in advance of the enactment
of this chapter and in an effort to anticipate applications for such parades.
Accordingly, all applications submitted for a special parade, as defined herein,
shall be processed in the same manner as a standard parade, as defined herein,
with respect to parades proposed to be held on or before November 20, 2003.
It is the intention of the Council that each separate provision of this
chapter shall be independent of all other provisions herein and it is further
the intention of the Council that if any of the provisions of this chapter
be declared to be invalid, all other provisions hereof shall remain in full
force and effect.
This chapter shall become effective after enactment on the earliest
date permitted by law.