[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 9-16-2003
by Ord. No. 7-2003. Amendments noted where applicable.]
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).
A.
The Borough Council of the Borough of Kutztown (the "Council")
has determined that parades are a pleasant, enjoyable and entertaining event
for all members of the community. The Council recognizes, however, that because
such events can draw substantial spectator crowds, proper planning, including
but not limited to, essential emergency and police services, public restroom
facilities, solid waste removal and traffic control are essential to maintaining
the health, safety and welfare of all persons involved. The Borough of Kutztown
has, in the past, been the host of a Halloween parade drawing spectators from
a wide region that numbered four or five times larger than the population
of the Borough. The enormity of the crowd of spectators as well as parade
participants stressed the resources of the Kutztown Borough Police Department
beyond its capacity to promptly respond and react to emergency situations.
Consequently, it was necessary to enlist the aid of other law enforcement
agencies to provide assistance in maintaining peace and good order.
B.
The Borough Council recognizes the right of the people
to peaceably assemble and speak freely as guaranteed by the United States
Constitution and the Pennsylvania Constitution. The Borough Council, through
the enactment of this chapter, intends only to establish regulations requiring
organizers of parades in our streets to properly estimate and plan for the
public health and safety aspects of proposed parades within the Borough and
to pay for certain additional public safety costs associated with and incidental
to such an event.
C.
This chapter does not regulate the use of public sidewalks
and public park areas.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
The Borough of Kutztown, Berks County, Pennsylvania.
The Borough Council of the Borough of Kutztown.
The Borough Manager of the Borough of Kutztown, or his or her designee.
The Secretary of the Borough of Kutztown, or his or her designee.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
The Chief of Police of the Kutztown Borough Police Department, or
his or her designee.
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.
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.
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.
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.
Any individual, firm, partnership, association, corporation, company,
trust, organization or entity of any kind.
Any parade having a total number of participants exceeding 2,000.
A parade permitted by § 155-6F of this chapter.
East Main street bordering Kutztown Public Park between South Laurel
street and Kemp Street.
Any parade other than a special parade or a spontaneous parade.
Shall have the meaning set forth in Section 111(6) of the Pennsylvania
Borough Code,[1] as amended from time to time, with respect to all such public
streets.
[1]
See 53 P.S. § 45111, Subsection (6).
A.
No person shall engage in, participate in, aid, form
or start any parade unless a parade permit shall have been obtained from the
Borough Secretary.
B.
Exceptions. This chapter shall not apply to:
(1)
Funeral and wedding processions, provided the same do
not require closure of any street to vehicular traffic.
(2)
Elementary, middle school and high school students going
to and from school classes or participating in educational or school sponsored
activities, provided that such conduct is under the immediate direction and
supervision of the proper school authorities.
(3)
Traffic control involving closing of a street cartway
with the approval of the Borough Council.
(4)
Local merchants desiring to close a street cartway or
a portion of a street cartway for a street or craft fair, but only after receipt
of Borough Council permission and Borough Council approval of pedestrian and
vehicular traffic control plans for such closure.
(5)
Local youth organizations desiring to close a portion
of a street for an educational activity, provided such activity is under the
immediate direction and supervision of the adult leaders of such organization,
but only after receipt of Borough Council permission and Borough Council approval
of pedestrian and vehicular traffic control plans for such closure.
A.
Form. A person seeking issuance of a parade permit shall
file a completed parade permit application with the Borough Secretary. All
applications must be submitted on a parade permit application ("application")
in the form approved from time to time by resolution of the Borough Council.
The application form shall provide a location on which the applicant shall
specify whether the request for a permit seeks to hold a special parade, a
standard parade or a spontaneous parade.
B.
Information. The application submitted by a person seeking
a parade permit shall, at a minimum, provide the following information, with
specificity, in order to address criteria essential to the interests of public
safety:
(1)
The name, address and telephone number of the person
seeking to conduct such parade.
(2)
If the parade is proposed to be conducted for, on behalf
of or by an organization, the name, address and telephone number of the headquarters
of the organization and of the authorized and responsible heads of such organizations.
(3)
The signature of the person or authorized head of organization
seeking to conduct such a parade who will be responsible for its conduct.
(4)
A sketch of the proposed parade route showing the starting
and ending points, the width of the streets to be traversed, the designation
of the streets (state highway, borough ordained, etc.), the width of the public
right-of-way along all streets on the proposed parade route, and the existence
of any public sidewalks, if any, along the proposed parade route.
(5)
The proposed date and time of the parade.
(6)
The estimated number of participants, including the number
and type of vehicles and/or animals.
(7)
The proposed staging area and the time of assembly at
the staging area.
(8)
The method by which participants will be returned to
the staging area from the point of termination.
(9)
The estimated number of spectators.
(10)
The proposed parking areas for participants.
(11)
The number and location of emergency vehicle break points
in or crossing the proposed parade route.
(12)
The number and location of fire-fighting personnel and
fire suppression devices to be stationed along or in the vicinity of the proposed
parade route.
(13)
The number and location of waste receptacles along the
proposed parade route and the means of removal and disposal of refuse and
solid waste accumulating in the public streets and rights-of-way during the
parade.
(14)
The number and location of restroom facilities to be
made available to the public and located along the proposed parade route,
including through the use of portable facilities.
(15)
The proposed number of Borough Police Department and
other public safety personnel and traffic control devices necessary to control
pedestrian and vehicular traffic along and across the proposed parade route.
(16)
The proposed number of police personnel and traffic control
devices necessary to reroute traffic around the proposed parade route.
(17)
The number and location of public volunteers essential
to the conduct of the parade.
(18)
The number and proposed location of food vendors, amusement
rides, and amusement games, and the name, address and telephone number of
the operators of the same.
C.
Review procedure for standard parade.
(1)
Filing period. applications for standard parade permits
must be submitted to the Borough Secretary no more than 180 days nor less
than 10 days prior to the proposed date of the standard parade. Thereafter,
the Borough Secretary shall forward copies of the standard parade application
to the Borough Council, the Borough Manager and the Chief of Police.
(2)
Consultation. The person seeking a standard parade permit
shall, upon the reasonable request of the Borough Manager and/or Chief of
Police, respond to any questions which may be posed by the Borough Manager
or Chief of Police regarding the content of the application, in order to complete
any incomplete items or to clarify any information which is unclear.
(3)
Borough Manager review and decision. The Borough Manager shall, in consultation with the Chief of Police, review the needs of the Kutztown Borough Police Department and/or other law enforcement agencies to protect the health, safety and welfare of the citizens of the Borough, the standard parade participants and the standard parade spectators, and shall review, specifically, whether the application fulfills the requirements of the criteria set forth in § 155-6E of this chapter. In addition, the Borough Manager and the Chief of Police shall determine the costs incident to providing such traffic control and sanitation services as are reasonably necessary to accommodate the standard parade participants and the estimated number of spectators in a manner consistent with the maintenance of public health and safety. The Borough Manager and Chief of Police shall prepare an itemized bill of costs reflecting only those costs and expenses which may be included as a part of the parade services fee. The Borough Manager shall, within 72 hours after the filing of the standard parade application, make a finding as to whether the standard parade application has adequately addressed all criteria set forth in § 155-6E.
D.
Review procedure for special parade.
(1)
Filing period. applications for special parade permits must be submitted to the Borough Secretary no more than 180 days nor less than 60 days prior to the proposed date of the special parade. Thereafter, the Borough Secretary shall forward copies of the special parade application to the Borough Council and place the person seeking a special parade permit on the agenda for a future, regularly scheduled Borough Council meeting for a special parade application presentation in accordance with Subsection D(4) below.
(2)
Consultation. The person seeking a special parade permit
shall, within no less than 15 days nor more than 30 days after the filing
of the special parade application, meet with the Borough Manager and Chief
of Police on no less than one occasion to review the application and discuss
any issues which may arise.
(3)
Reports. Within 15 days of the meeting with a person seeking a special parade permit, the Chief of Police shall prepare and submit a written report to the Borough Secretary addressing the needs of the Kutztown Borough Police Department and/or other law enforcement agencies to protect the health, safety and welfare of the citizens of the Borough, the special parade participants, and the special parade spectators, including, specifically, whether the special parade application fulfills the requirements of the criteria set forth in Subsection E(1), (4), (5), (6) and (7). Within 15 days of the meeting with a person seeking a special parade permit, the Borough Manager shall prepare and submit a written report to the Borough Secretary addressing whether the special parade application fulfills the requirements of the criteria set forth in Subsection E(2) and (3). The Borough Secretary shall immediately deliver such reports to the Borough Council. In addition, the Chief of Police and the Borough Manager shall determine the costs incident to providing such traffic control and sanitation services as are reasonably necessary to accommodate the special parade participants and the estimated number of spectators in a manner consistent with the maintenance of public health and safety. The Chief of Police and the Borough Manager shall prepare an itemized bill of costs and deliver a report of the same to the Borough Council within such fifteen-day period, reflecting only those costs and expenses which may be included as a part of the parade services fee.
(4)
Borough Council review and decision. Upon receipt of the reports required by § 155-6D(3), the Borough Secretary shall place such reports and the application on the agenda of the next regularly scheduled Borough Council meeting, at which meeting the reports and application shall be reviewed and approved or denied or a revised application may be required. A person filing an application shall be present or have an authorized representative present at such meeting. If the Borough Council is not satisfied that such application adequately addresses the criteria set forth in § 155-6E, the Borough Council may direct that the person filing the application meet with the Borough Manager and Chief of Police to address the issues raised by the Borough Council. Thereafter, the person filing the application may present a revised application to the Borough Council at the next regularly scheduled Borough Council meeting for approval or denial at such meeting.
E.
Review criteria. In reviewing an application, the Borough
shall not consider the political or social affiliation of the person filing
the application, nor that of the parade participants, nor the content of the
message the parade will convey. Rather, the Borough shall use the following
criteria in evaluating an application before making a decision to issue or
refuse to issue a parade permit:
(1)
Whether the application has adequately addressed the
availability of parking for participants.
(2)
Whether the application has adequately addressed the
number and location of waste receptacles and the removal and disposal of solid
waste and refuse.
(3)
Whether the application has adequately addressed the
number and location of restroom facilities to be made available to the public
and to be provided at the sole cost and expense of the applicant.
(4)
Whether the application has adequately addressed the
number and location of emergency vehicle break points in or crossing the proposed
parade route.
(5)
Whether the application has adequately addressed the
number and location of fire-fighting personnel and fire suppression devices
to be stationed along or in the vicinity of the proposed parade route.
(6)
Whether the application has adequately addressed the
number of police personnel and traffic control devices necessary to control
pedestrian and vehicular traffic along and across the proposed parade route.
(7)
Whether the application has adequately addressed the
number of police personnel and traffic control devices necessary to reroute
traffic around the proposed parade route.
(8)
Whether the proposed date, time and/or route of the proposed
parade present specific dangers with respect to pedestrian and vehicular traffic
control, emergency access and/or public safety, resulting from the unique
conditions present at such date and time and/or along such route, which cannot
be reasonably be remedied unless a modification is made to the proposed date,
time and/or route. If the Borough finds that such specific dangers are presented,
it must then offer alternative dates, times and routes for the proposed parade.
(9)
In determining the parade services fee, the Borough shall
determine the amount of the projected cost to the Borough for the proposed
parade which is attributable to the cost of providing pedestrian and vehicular
traffic control, solid waste/refuse removal and public sanitation/restroom
services, but excluding police and related public safety costs which are not
directly related to pedestrian and vehicular traffic control.
F.
Spontaneous parades.
(1)
Application. persons or organizations who seek to hold a parade after the latest date permitted for filing a permit application required to conduct such a parade under § 155-6C or D (10 days prior to the proposed date for a standard parade and 60 days prior to the proposed date for a special parade) may apply for a permit to hold a spontaneous parade. Such applicants must follow the procedure set forth in § 155-6C for standard parade permits, except that applications for spontaneous parade permits may be filed less than 10 days prior to the proposed date of the parade.
(2)
Consultation, review and decision. The process for consultation and review of a permit application set forth in § 155-6C(2) through (3) shall be followed in the case of a permit application for a spontaneous parade; provided, however, that the Borough Manager shall make a finding as to whether the spontaneous parade application has adequately addressed all criteria set forth in § 155-6E within 24 hours after the filing of the permit application.
(3)
Limitation on parade route. A spontaneous parade shall
be limited to the streets within the spontaneous parade district for no more
than four hours per twenty-four-hour period. Nothing in this limitation shall
prevent participants or attendees of a spontaneous parade from using public
sidewalks within or outside of the spontaneous parade district or the public
park during its operational hours.
A.
Issuance. After finding that an application has adequately addressed all criteria, set forth in § 155-6E, the Borough Council or Borough Manager, as required by § 155-6, shall determine the amount of the parade services fee and direct the Borough Secretary to provide notice of the approval to the applicant, prepare a parade permit and issue the same to the applicant upon payment of the parade services fee. The permit shall state whether it is for a special parade, standard parade, or spontaneous parade.
B.
Denial. An application shall be denied if a different parade or other event has previously been issued a permit for the date requested by the applicant requiring the closing of public streets and/or the need for additional police and emergency services personnel; or the Borough Council or Borough Manager, as required by § 155-6, fails to make the finding required by § 155-7A of this chapter. If either such event occurs, the Borough Secretary shall be directed to provide written notification of such denial and the specific reasons therefor to the applicant.
C.
Notice. In the case of a standard or spontaneous parade,
the Borough Secretary shall provide written notice of approval or denial of
the application within 24 hours after the approval or denial by the Borough
Manager. In the case of a special parade, the Borough Secretary shall provide
written notice of the approval or denial of the application within 72 hours
after the approval or denial by the Borough Council. Such written notice shall
be provided to the person who filed the application at the address as stated
in the application.
D.
Appeal of standard or spontaneous parade decision. If
an applicant for a standard or spontaneous parade believes that any aspect
of the Borough Manager's decision with respect to the application therefor
is incorrect or illegal, the applicant shall, within 10 days after issuance
of notice of the decision, file a written request with the Borough Secretary
for review of such decision by the Borough Council, stating with specificity
the reasons for the requested review. The Borough Council shall review the
Borough Manager's decision at a Borough Council meeting, either regularly
scheduled or specially scheduled within 10 days after receipt of such request,
and shall hear the comments of the applicant at such meeting. A final decision
shall be rendered by the Borough Council at such meeting. If the Borough Council
does not render a final decision on a request for review of the Borough Manager's
decision by such time that is 48 hours prior to the starting time for the
proposed parade, the request for review shall be deemed denied.
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.
A.
Permit compliance. A person to whom a parade permit has
been issued hereunder shall comply with all permit directions, directions
from public safety officials and with all applicable laws.
B.
Possession of permit. The person or authorized head of
organization who signed the application for a parade permit shall carry the
parade permit upon his or her person during the conduct of the parade.
C.
Interference. No person shall unreasonably hamper, obstruct,
impede or interfere with any parade or with any person, vehicle or animal
participating or used in a parade.
D.
Driving through parades. Unless otherwise directed by
a police officer or other authorized emergency services officer, no person
operating a motor vehicle shall drive between the vehicles or persons comprising
a parade when such vehicles or persons are in motion and are participating
in a permitted parade.
E.
Parking on parade route. The Chief of Police shall have
the authority, when reasonably necessary, to prohibit or restrict the parking
of vehicles along a street, or part thereof, constituting a part of the route
of a parade for which a permit has been issued. The Chief of Police or Borough
Manager shall cause signs to be posted to such effect, and it shall be unlawful
for any person to park or leave unattended any vehicle in violation thereof.
F.
All persons involved in controlling pedestrian and/or
vehicular traffic or controlling any traffic control device in connection
with any parade must be police officers, fire police, or other persons having
the training required by Pennsylvania law for the direction and control of
vehicular traffic on streets.
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.
A.
It shall be the duty of the Chief of Police to meet with the person requesting a parade permit to review the criteria established in § 155-6E. Thereafter, the Chief of Police shall prepare a written report in accordance with § 155-6C or § 155-6D and shall appear before the Borough Council at the meetings required by § 155-6D and respond to any questions posed by the Borough Council. The Chief of Police shall direct his subordinate officers to enforce this chapter in all respects, arrest, cite and prosecute any person who, without a parade permit, conducts, engages in or participates in a parade on the streets of the Borough. The Chief of Police shall not make any final arrangements financially obligating the Borough with any other law enforcement agency for additional police protection unless and until a parade permit has been issued.
B.
It shall be the duty of the Borough Manager and Chief of Police to take such action as may be necessary with respect to a standard parade for which a permit is issued to safeguard the public safety, provide for traffic control and to effectuate the criteria set forth in § 155-6E with respect to such standard parade, without the need of further action of the Borough Council.
A.
The Borough Manager or the Chief of Police shall have
the authority to revoke a parade permit upon violation of the conditions or
standards for issuance as set forth in this chapter or when a public emergency
arises where the public safety resources required for that emergency are so
great that deployment of public safety services for the parade would have
an immediate and adverse effect upon the welfare and safety of persons or
property. The parade services fee shall be refunded only if a parade permit
is revoked 48 hours prior to the commencement of the parade.
B.
Within 10 days of the scheduled date of the parade, the
person to whom the parade permit has been issued shall cause an authorized
representative to meet with the Borough Manager and provide sufficient assurance
of compliance with the parade permit. If such person cannot demonstrate compliance
with such parade permit, the Borough Manager may revoke such parade permit.
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.
A.
Conflicts. Whenever there is a difference between the
specifications in this chapter and those included elsewhere in the Code of
the Borough of Kutztown, the more stringent requirement shall apply.
B.
Repealer. All existing ordinances or parts of ordinances
and provisions of the Code of the Borough of Kutztown which are contrary to
this chapter are hereby repealed to the extent necessary to give this chapter
full force and effect.
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.
