This chapter provides for the establishment of a permit requirement
and establishes standards for the issuance of a permit for parades, athletic
events, street fairs, craft shows, carnivals, block parties, rallies and other
activities that occur on a township street, sidewalk, alley or other street
right-of-way which obstruct, delay or interfere with the normal flow of pedestrian
or vehicular traffic or do not comply with traffic laws and controls. Permits
shall also be required for special events occurring on private property, such
as concerts and athletic events, which impact traffic and other township services.
This chapter also establishes standards for the reimbursement of the township
expenses caused by special events which will result in interference with the
normal flow of traffic or otherwise require provision of township services
in excess of that which would be required absent the special event.
Any person or organization desiring to conduct or sponsor a parade,
athletic event or other special event in Upper Merion Township shall first
obtain a special event permit from the Township Manager. A special event permit
is not required for the following:
B. Parades involving a total of forty (40) or fewer pedestrians
marching along a parade route that is restricted to marching on sidewalks
and crossing streets only at pedestrian crosswalks in accordance with traffic
regulations and controls. Pedestrians participating in the parade shall cross
crosswalks in units of fifteen (15) or fewer and shall allow vehicles to pass
between each unit.
C. Parades, athletic events or other special events which
occur exclusively on township property, public streets or school district
property and are sponsored by the township or by the school district. For
the purposes of this chapter, the volunteer fire companies operating within
the township shall be considered to be township employees.
D. Parades, athletic events or other special events which
occur exclusively in Valley Forge National Park and are sponsored by the National
Park Service or other federal agency.
The Township Manager shall approve, conditionally approve or deny an application for the grounds specified in §
139-7. Such action shall be taken no later than ten (10) days after receiving a completed application for an event along a preestablished route pursuant to §
139-13D or free speech route pursuant to §
139-13E. Action on all other special event applications shall be taken no later than fifteen (15) days after receiving a completed application. If the application is denied or conditionally approved, the Township Manager shall inform the applicant of the grounds for denial, in writing, or the reason for a change in the date, time, route or location of the event and his right of appeal. If the Township Manager relied on information about the event other than that contained in the application, he shall inform the applicant what information he considered. The applicant shall be notified of any permit conditions at the time the application is approved and of his right of appeal of the permit conditions. If the Township Manager refuses to consider a late application under §
139-4B, the Township Manager shall inform the applicant of his reason for the refusal and of his right to appeal.
The Township Manager may condition the issuance of a special event permit
by imposing reasonable requirements concerning the time, place and manner
of the event and such requirements as are necessary to protect the safety
of persons and property and the control of traffic, provided that such conditions
shall not unreasonably restrict the right of free speech. Such conditions
include:
A. Alteration of the date, time, route or location of the
event proposed on the event application.
B. Conditions concerning the area of assembly and disbanding
of a parade or other event occurring along a route.
C. Conditions concerning accommodation of pedestrian or
vehicular traffic, including restricting the event to only a portion of a
street transversed.
D. Requirements for the use of traffic cones or barricades.
E. Requirements for provision of first aid or sanitary facilities.
F. Requirements for use of event monitors and providing
notice of permit conditions to event participants.
G. Restrictions on the number and type of vehicles, animals
or structures at the event and inspection and approval of floats, structures
and decorated vehicles for firesafety by the Upper Merion Township Fire Marshal.
H. Compliance with animal protection ordinances and laws.
I. Requirements for use of garbage containers, cleanup and
restoration of township or other public property and the properties of adjoining
persons which may be impacted by the special event.
J. Restrictions on use of amplified sound.
K. An application for a special event permit to conduct
a block party may be conditioned on notice to the residents of dwellings along
the affected street(s).
L. Compliance with any relevant ordinance or law and obtaining
any legally required permit or license.
The Township Manager shall issue the special event permit once the application
has been approved and the applicant has agreed, in writing, to comply with
the terms and conditions of the permit and the following sections of this
chapter have been complied with:
A. Section
139-11 pertaining to indemnification.
B. Section
139-12 pertaining to insurance.
C. Section
139-13 pertaining to police traffic control fees.
D. Section
139-14 pertaining to cleanup deposits.
Prior to the issuance of a special event permit, the permit applicant
and an authorized officer of the sponsoring organization, if any, must sign
an agreement to reimburse Upper Merion Township for any costs incurred by
it in repairing damage to township property occurring in connection with the
permitted event proximately caused by the actions of the permittee, its officers,
employees or agents or any person who was under the permittee's control
insofar as permitted by law. The agreement shall also provide that the permittee
shall defend the township against and indemnify and hold the township harmless
from any liability to any persons resulting from any damage or injury occurring
in connection with the permitted event proximately caused by the actions of
the permittee, its officer, employees or agents or any person who was under
the permittee's control insofar as permitted by law. Persons who merely
join in a parade or event are not considered by that reason alone to be under
the control of the permittee.
[Amended 12-31-1991 by Ord. No. 91-593]
A. Any person who shall violate the provisions of this chapter shall, upon conviction in a summary proceeding, be liable to a fine or penalty as set forth in Ch.
1, General Provisions, Art.
III, General Penalty Provisions, for each offense. Such fines or penalties shall be collected as like fines or penalties are by law collected.
B. Any person, firm, corporation or association which conducts
or sponsors an event without first providing the necessary fees and deposits
shall be billed for the actual cost of Upper Merion Township for police and
cleanup services. Failure to pay any such bill for services within fifteen
(15) days shall result in the imposition of a ten-percent penalty and interest
at the rate of one percent (1%) per month until collected.
Nothing in this chapter shall be construed to affect any suit or proceeding
pending in any court or any rights acquired or liability incurred or any permit
issued or any cause or causes of action existing prior to this chapter.