[HISTORY: Adopted by the Borough Council
of the Borough of Steelton 5-3-1993 by Ord. No. 93-3, approved 5-3-1993. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Parade Ordinance of the Borough of Steelton."
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Steelton.
The Secretary of the Borough of Steelton, Steelton, Pennsylvania.
The Chief of Police of the Borough of Steelton.
The Council of the Borough of Steelton.
Any parade, march, ceremony, show, exhibition, pageant or
procession of any kind or any similar display in or upon any street,
park or other public place in the Borough.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind; provided, however, that the Borough
of Steelton shall not be a person for the purposes of this chapter.
B.
Exceptions. This chapter shall not apply to:
(1)
Funeral processions.
(2)
Wedding processions.
(3)
Students going to and from school or classes or participating
in educational activities, provided that such conduct is under the
immediate direction and supervision of the proper school authorities.
This exception does not apply to parades organized by a school or
any body thereof more than 24 hours prior to occurrence.
(4)
A governmental agency acting within the scope of its
functions, specifically the Borough of Steelton.
C.
Waiver by Council. The Borough Council of the Borough
of Steelton may waive, or direct the Borough Secretary to waive, any
of the provisions of this chapter relating to permit fees, application
or other time deadlines, insurance or alternate permits in relation
to parades sought to be conducted on any street, park or other public
place except Front Street (Route 230) in the Borough. No such waiver
shall be permitted in relation to parades sought to be conducted on
Front Street (Route 230).
[Added 9-20-1993 by Ord. No. 93-7]
A person seeking issuance of a parade permit
shall file an application with the Borough Secretary on forms provided
by such officer.
A.
Filing period. An application for a parade permit
shall be filed with the Borough Secretary not fewer than 60 days nor
more than 90 days before the date on which it is proposed to conduct
the parade.
B.
Contents. The application for a parade permit shall
set forth the following information:
(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 organization.
(3)
The name, address and telephone number of the person
who will be the parade chairman and who will be responsible for its
conduct.
(4)
The date when the parade is to be conducted.
(5)
The route to be traveled, the starting point and the
termination point.
(6)
The approximate number of persons who and animals
and vehicles which will constitute such parade, the type of animals
and a description of the vehicles.
(7)
The hours when such parade will start and terminate.
(8)
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traveled.
(9)
The location by streets of any assembly areas for
such parade.
(10)
The time at which units of the parade will begin to
assemble at any such assembly area or areas.
(11)
If the parade is designed to be held by and on behalf
of or for any person other than the applicant, the applicant for such
permit shall file with the Borough Secretary a communication, in writing,
from the person proposing to hold the parade authorizing the applicant
to apply for the permit on his or her behalf.
(12)
Any additional information which the Borough Secretary
shall find reasonably necessary to a fair determination as to whether
a permit should be issued.
C.
Late applications. The Borough Council, where good
cause is shown therefor, shall have the authority to consider any
application hereunder which is filed fewer than 60 days before the
date such parade is proposed to be conducted.
D.
Permit fee.
[Amended 4-17-2000 by Ord. No. 2000-1,
approved 4-17-2000]
(1)
Each application shall be accompanied by an initial
fee, payable to the Borough, in the amount of $756.52.
(a)
$25 for an application processing fee.
(b)
$288 for provision of four Borough employees
to provide cleanup after the parade at the rate of $18 per hour for
four hours.
(c)
$443.52 for the provision of four Borough police
officers to provide police services for a standard parade at the rate
of $27.72 per hour for four hours.
(2)
If the length of the parade is such that additional
officers or cleanup personnel are required, the fee will increase
according to the hourly rate indicated above. The applicant will be
billed for an additional expense. In the event that the time required
for the activities of cleanup by Borough personnel or involvement
of police officers is less than the hours set forth above, the Borough
will recompute the cost and refund to the applicant the amount by
which the minimum payment required above exceeds the actual expense
and remit it to the applicant within 30 days of the conclusion of
the parade.
E.
Insurance. Each person filing an application for a
parade permit shall provide the Borough with a certificate of insurance
evidencing that said person maintains insurance which will protect
that person and the Borough of Steelton from claims for damages for
personal injury, including accidental death, as well as claims for
property damages which may arise from the conduct of the parade. The
amounts of such insurance shall be as follows:
(1)
Public liability insurance in an amount of not less
than $1,000,000 for injuries, including accidental death, to any one
person and property damage insurance in an amount of not less than
$1,000,000. The certificate of insurance shall name the Borough of
Steelton as an additional insured and shall be provided by an insurance
company authorized to do business in the Commonwealth of Pennsylvania
and acceptable to the Borough.
The Borough Secretary shall issue a permit as
provided for hereunder when, from a consideration of the application
and from such other information as may otherwise be obtained, he finds
that:
A.
The conduct of the parade will not so substantially
interrupt the safe and orderly movement of traffic within the Borough
of Steelton on and contiguous to the proposed route so as to create
a real and present danger to the health, safety and welfare of the
residents of the Borough of Steelton.
B.
The conduct of the parade will not create a real and
present danger to the health, safety and welfare of the citizens of
the Borough of Steelton by preventing firefighting equipment, ambulances,
rescue vehicles and/or police vehicles from being able to reach any
property in the Borough of Steelton.
C.
The conduct of such parade will not require the diversion
of so great a number of ambulances as to prevent normal ambulance
service to portions of the Borough other than that to be occupied
by the proposed line of march and areas contiguous thereto.
D.
The concentration of persons, animals and vehicles
at assembly points of the parade will not unduly interfere with proper
fire and police protection of or ambulance services to areas contiguous
to such assembly areas.
E.
The conduct of such parade will not interfere with
the movement of firefighting equipment en route to a fire.
F.
The conduct of the parade is not reasonably likely
to cause injury to person or property, to provoke disorderly conduct
or to create a disturbance.
G.
The parade is scheduled to move from its point of
origin to its point of termination expeditiously and without unreasonable
delays en route.
H.
The parade is not designed to be held purely for private
profit.
The Borough Secretary shall act upon the application for a parade permit within 15 days after the filing thereof. If the Borough Council disapproves the application, the Borough Secretary shall send, by certified mail, within 15 days after the day upon which the application was filed, a notice of his action stating with specificity the reasons for his denial of the permit. Said notice shall also advise the applicant of his or her right to file an appeal and shall also advise him or her of the procedure for filing an appeal by providing him or her with a copy of § 76-7, Appeals.
Any person aggrieved shall have the right to
appeal the denial of a parade permit to the Borough Council. The appeal
shall be taken by sending a letter to the Borough Secretary requesting
that the Borough Council hear an appeal of the decision to deny a
parade permit. The letter must be sent by certified mail or delivered
to the Borough building of the Borough of Steelton at 123 North Front
Street, Steelton, Dauphin County, Pennsylvania, and must be received
by the Borough Secretary within 10 days from the date on which the
applicant received notice of the denial of the application for a parade
permit. The Borough Council must render a decision on said appeal,
in writing, within 10 days of receipt of the appeal.
Where the Borough Secretary, after applying the standards set forth in § 76-5 above, shall find that the application for issuance of a permit for a parade on the date, at the time and over the route requested by the application must be denied, he may, in addition to advising the applicant of the denial of the application, also issue an alternate permit which authorizes the conduct of the parade on a date, at a time or over a route different from that named by the application. The alternate permit shall be sent to the applicant by certified mail, together with the letter required by § 76-5 above. Whenever the Borough Secretary shall issue an alternate permit, the letter sent to the applicant, in addition to conforming to the requirements of § 76-5 above, shall also advise the applicant that, if the applicant wishes to accept the alternate permit, the applicant must mail or deliver a letter to the Borough Secretary of the Borough of Steelton at 123 North Front Street, Steelton, Pennsylvania 17113, in which the applicant accepts the alternate permit and, further, advising the applicant that this letter must be received within 10 days after receipt by the applicant of the letter sent to the applicant pursuant to § 76-5 above. The applicant shall also be advised that, unless the applicant accepts the alternate permit within 10 days, the alternate permit will be void and of no effect. Finally, the applicant shall also be advised that the applicant may either accept the alternate permit or pursue an appeal of the denial of a parade permit for the date, time and route requested by the applicant by following the procedure set forth in § 76-7 above. An alternate parade permit issued pursuant to this section shall be issued pursuant to the standards set forth in § 76-5 above and, if accepted by the applicant in the manner provided above, shall have the effect of a parade permit under this chapter.
Immediately upon the issuance of a parade permit,
the Borough Secretary shall send a copy thereof to the following:
Each parade permit shall state the following
information:
A.
Interference. No person shall unreasonably hamper,
obstruct or impede or interfere with any parade assembly or with any
person, vehicle or animal participating or used in a parade.
B.
Driving through parade. No driver of a vehicle shall
drive between the vehicles or persons comprising a parade when such
vehicles or persons are in motion and are conspicuously designed as
a parade.
C.
Parking on a parade route. The Borough Secretary shall
have the authority, when reasonably necessary, to prohibit or restrict
the parking of vehicles along a highway or part thereof constituting
a part of a route of a parade. The Borough Secretary shall post signs
to such effect, and it shall be unlawful for any person to park or
leave unattended any vehicle in violation thereof. No person shall
be liable for parking on a street unposted, in violation of this chapter.
D.
Animals and fowl on a parade route. No person being
the owner of or having control of any animals, wild or domestic, geese,
ducks, turkeys, chickens or other fowl, reptiles or other nonhuman
pets shall bring onto or permit to remain on any parade route such
animals, fowl, reptiles or other nonhuman pets unless same are or
used in the parade; provided, however, that nothing contained herein
shall prohibit the use of a guide or support animal because of blindness,
deafness or physical handicap of the user.
[Added 6-16-1997 by Ord. No. 97-3]
Any person, firm or corporation violating any
of the provisions of this chapter shall, upon conviction thereof,
be fined in an amount not exceeding $1,000 or, upon default of payment
of such fine, be imprisoned for a period not exceeding 30 days. Each
day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
