[HISTORY: Adopted by the Municipal Council of the Municipality of
Norristown 12-6-2005 by Ord. No. 05-23.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A gathering, meeting or rally of 50 or more people without vehicles,
which interferes with the movement of vehicular or pedestrian traffic on any
street or sidewalk or other public property.
The hourly cost to the Municipality for providing police protection
and traffic control, fire protection, standby emergency medical services,
sanitary services, clean-up and trash removal and possibly other necessary
services for a parade or assembly as established from time to time by resolution
of Municipal Council.
The Memorial Day parade sponsored by Veteran's groups, the Fourth
of July parade and celebration sponsored by the Municipal Parks and Recreation
Commission or any other events sponsored by the Municipality.
Any march or procession or motorcade consisting of people, animals
or vehicles, or any combination thereof, upon any public street, sidewalk
or alley in the Municipality, which does not comply with the normal and usual
traffic regulations and/or controls.
It shall be unlawful for any person or organization to conduct a parade
or assembly in or upon any public street, alley or sidewalk or other public
property in the Municipality or to knowingly participate in any such parade
or assembly unless a permit has been obtained from the Municipal Administrator
or, as hereinafter provided, from the Municipal Council.
No permit shall be issued authorizing the conduct of a parade intended
to be held for the sole purpose of advertising any products, goods, wares,
merchandise, or event or designed to be purely for private profit.
Except in the case of budgeted parades and assemblies, any person or
organization intending to conduct a parade or assembly shall apply to the
Municipal Administrator for a permit at least 45 days in advance; Municipal
Council may, in its discretion, consider any application for a permit to conduct
a parade or assembly which is filed less than 45 days in advance. The application
for such permit shall be made in writing on a parade or assembly permit application
form provided by the Municipality. In order that adequate arrangements may
be made for the proper policing of the parade or assembly and for other municipal
services, the application shall contain the following information:
A.
The name, address and telephone number of the applicant,
the sponsoring person or organization, and the parade or assembly chairman.
B.
The purpose of the parade or assembly, the proposed date
and location, the proposed location of the organizing and disbanding areas,
the proposed route to be traveled and the proposed times when the parade or
assembly and any meeting or rally connected therewith are to be held.
C.
A description of the individual floats, marching units,
vehicles, bands, and other units which will be participating in the parade
and a description of any sound amplification equipment to be used.
D.
The estimated number of parties or participants.
E.
Such other information as the Municipal Administrator
may deem necessary.
A.
The Municipal Administrator shall approve or disapprove
the application for a parade permit with modifications deemed appropriate
not less than 15 days prior to the scheduled date of the parade or assembly
as shown on the application.
B.
Standards of issuance. The Municipal Administrator shall
not issue a parade or assembly permit if he finds that:
(1)
The time, route and size of the parade or assembly requested
by the applicant will disrupt to an unreasonable extent the movement of vehicle
traffic in or through the Municipality; or
(2)
The time, route and size of the parade or assembly will
require the diversion of so great a number of police officers of the Municipality
to properly police the parade route or assembly and the areas contiguous thereto
that permitting the parade or assembly will disrupt to an unreasonable extent
police protection to the Municipality; or
(3)
The parade or assembly will interfere with another parade
or assembly for which a permit has been issued.
C.
Standard of denial. The Municipality Administrator shall
deny an application for a parade or assembly permit and notify the applicant
of such denial if:
A.
The Municipality will fund expenditures within the General Fund Budget for parade expenses for the six budgeted parades or assemblies defined above in § 223-1 of this chapter. No permit shall be required for a budgeted parade or assembly.
B.
Every applicant for a permit to conduct a parade or assembly
other than the budgeted parades and assemblies shall pay an application processing
fee of $85.
C.
Upon approval of the application for a parade or assembly
permit, the applicant shall deposit with the Municipality an amount determined
by multiplying the hourly municipal service rate then in effect by the estimated
number of hours of duration of the parade or assembly and any meeting or rally
connected therewith as stated in the application, in order to cover the Municipality's
estimated expenses for the parade or assembly, including, but not limited
to, the costs of police protection, fire protection, emergency medical services,
sanitary services, clean-up and trash removal and other necessary services.
D.
If a permitted parade or assembly exceeds the estimated
time for the event as stated in the application by more than one-half hour,
the permittee shall pay the municipal service rate to the Municipality for
such excess time.
In each permit the Municipality Administrator shall specify:
A.
The date of the parade or assembly;
B.
The assembly area and time;
C.
The starting time of the parade;
D.
The minimum and maximum speeds;
E.
The route of the parade;
F.
The maximum number of platoons or units which may participate
in the parade and the maximum and minimum intervals of space to be maintained
between units during the parade;
G.
The maximum length of such parade in miles or fractions;
H.
The disbanding area and approximate disbanding time;
I.
The number of persons required to monitor the parade
or assembly along the route;
J.
The number and types of parade vehicles;
K.
The material and maximum size of any sign, banner, placard
or carrying device;
L.
That material used in the construction of floats used
in the parade shall be of fire-retardant materials and shall be subject to
such requirements concerning fire safety as may be determined by the Fire
Chief;
M.
That the permittee shall advise all participants in the
parade or assembly, either orally or by written notice, of the terms and conditions
of the permit, prior to the commencement of such parade or assembly;
N.
That throwing objects, including candy, at spectators
is prohibited;
O.
That the parade continue to move at a fixed rate of speed
and that any willful delay or willful stopping of the parade, except when
reasonably required for the safe and orderly conduct of the parade, shall
constitute a violation of the permit;
P.
The location, time of commencement and time of termination
of any meeting or rally to be held on municipal property in connection with
the parade or assembly; and
Q.
Such requirements as are found by the Municipal Administrator
to be reasonably necessary for the protection of persons or property.
A.
Upon a denial or significant modification by the Municipal Administrator of an application made pursuant to § 223-5 of this chapter, the applicant may appeal from the determination of the Municipal Administrator within five days thereafter to the Municipal Council by filing a written notice of appeal and request for a hearing at its next meeting. Upon such appeal, the Municipal Council may affirm, reverse, or modify in any regard the determination of the Municipal Administrator.
B.
In the event an application is not filed within the time required by § 223-4, the applicant may request a waiver of such requirement by the Municipal Council at its next regular meeting and the Municipal Council, in its sole discretion, may waive such requirement if it finds unusual circumstances justifying the applicant's delay.
Immediately upon the granting of a permit for a parade or assembly,
the Municipal Administrator shall send a copy thereof to the following:
The Municipality reserves the right to change the parade route, assembling
area, disbanding area and location of any meeting or rally from those proposed
on the parade or assembly permit application to other routes and areas, at
any time prior to the parade or assembly if the Municipal Administrator determines
that the safety of the public or property requires such changes. Notice of
such action shall be delivered in writing to the permittee by personal service
or by certified mail.
Any permit for a parade or assembly issued pursuant to this chapter
may be summarily revoked by the Municipal Administrator at any time when by
reason of the occurrence of a disaster, public calamity, riot or other emergency,
the Municipal Administrator determines that the safety of the public or property
requires such revocation. Notice of such action revoking a permit shall be
delivered in writing to the permittee by personal service or by certified
mail.
A parade permit shall not be required for any of the following functions:
No person shall knowingly join in any parade or assembly conducted under
a permit issued by the Municipal Administrator in violation of any of the
terms of the permit, or knowingly join or participate in any permitted parade
or assembly without the prior consent of the permittee, or in any manner interfere
with its progress or orderly conduct.
The Police Department of the Municipality shall have the authority,
when reasonably necessary, to prohibit or restrict the parking of vehicles
along the street or portion thereof which is within the route of a parade.
The Police Department shall post signs giving notice of such restrictions,
and it shall be unlawful for any person to park or leave unattended any vehicle
in violation thereof.
Any person violating any provision of this chapter shall be guilty of
a summary offense, and upon conviction thereof in a summary proceeding, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000 or in
default thereof, shall be sentenced to imprisonment for a term not exceeding
15 days.
