[HISTORY: Adopted by the Board of Supervisors of Upper Merion Township 6-8-1987
as Ord. No. 87-513. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A173.
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.
A.
APPLICANT
ATHLETIC EVENT
BLOCK PARTY
FREE SPEECH ROUTE
PARADE
PERMIT APPLICATION FEES
PERMITTEE
RIGHT-OF-WAY
SPECIAL EVENT
TOWNSHIP MANAGER
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
Any person and any sponsoring organization who or which seeks a special
event permit from the Township Manager to conduct or sponsor an event governed
by this section. Any organization shall designate an individual person as
the responsible contact person.
An occasion in which a group of persons collectively engage in a
sport or form of physical exercise on a township street, sidewalk, alley or
other street right-of-way, which obstructs, delays or interferes with the
normal flow of pedestrian or vehicular traffic or does not comply with traffic
laws and controls. "Athletic events" shall include bicycle and foot races.
A festive gathering of the residents on a residential street requiring
a closure of a street or a portion thereof to vehicular traffic and use of
the street for the festivity, including barbecues, picnics, music or games.
A route (course of travel) along designated streets, sidewalks or other street rights-of-way that are preestablished by the Township Manager for use by special events whose primary purpose is First Amendment expression. No traffic control fees pursuant to § 139-13 will be charged for events utilizing a "free speech route," if the event applicant satisfies the conditions for waiver of fees specified in § 139-13E.
A march or procession consisting of persons, animals or vehicles
or any combination thereof on any township street, sidewalk, alley or other
street right-of-way which obstructs, delays or interferes with the normal
flow of pedestrian or vehicular traffic or does not comply with traffic laws
or controls.
The fee to be paid by the special event permit applicant at the time
the application is filed with Township Manager. A fee schedule shall be set
by the Board of Supervisors and shall cover the actual full costs or a portion
thereof of processing and investigating special event applications and administering
the special event permit program.
Any person and any sponsoring organization who has been issued a
special event permit by the Township Manager.
Public streets, alleys and crosswalks, including bike and pedestrian
paths.
Parade, athletic event, street fair, art and craft show, carnival,
block party, soap box derby, rally and other special events or 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. "Event" shall also
mean indoor or outdoor concerts, displays, fairs and athletic events occurring
on private property which are designed to attract large crowds, interfering
with the normal traffic flow.
The Township Manager of Upper Merion Township or his deputy.
B.
Word usage. The present tense includes the future. The
singular includes the plural, and the plural includes the singular. The masculine
includes the feminine and the neuter.
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:
A.
Funeral processions.
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.
A.
Any person or organization desiring to sponsor a parade, athletic event or other special event not exempted by § 139-3 shall apply for a special event permit by filing a verified application with the Township Manager on a form supplied by the Township Manager. If the application is for a parade or other event along a route preestablished by the township pursuant to § 139-13D or a free speech route pursuant to § 139-13E, the application should be filed not less than twenty-one (21) days nor more than ninety (90) days before the date on which the event is to occur. All other applications shall be submitted not less than thirty (30) days nor more than ninety (90) days before the event date.
B.
Upon a showing of good cause, the Township Manager shall
consider an application that is filed after the filing deadline if there is
sufficient time to process and investigate the application and obtain police
services for the event. "Good cause" can be demonstrated by the applicant
showing that the circumstances that gave rise to the permit application did
not reasonably allow the participant to file within the time prescribed and
that the event is for the purpose of exercising the right of free speech.
A.
The application for a special event permit shall provide
the following information:
(1)
The name, address and telephone number of the applicant
and an alternative contact person.
(2)
If the event is proposed to be sponsored by an organization,
the name, address and telephone number of the organization and the authorized
head of the organization; if requested by the Township Manager, written authorization
to apply for this special event permit by an officer of the organization.
(3)
The name, address and telephone number of the person
who will be present and in charge of the event on the day of the event.
(4)
The nature and/or purpose of the event.
(5)
The date and estimated starting and ending time of the
event.
(6)
The location of the event, including its boundaries.
(7)
The estimated number of participants and/or spectators.
(8)
The type and estimated number of vehicles, animals and
structures that will be used at the event and whether there will be water
aid stations or first aid stations at the event.
(9)
What provisions have been made for sanitary facilities
for persons participating in or attending the event.
(10)
A description of any sound-amplification equipment that
will be used at the event.
(11)
Whether any food or beverages or alcoholic beverages
will be sold at the event.
(12)
Whether monitors will be employed at the event.
(13)
Parking requirements for the event.
B.
Additional information required for parades, races and
other events occurring along a route shall be as follows:
(1)
The assembly point for the event and the time at which
units of the parade or other event will begin to assemble.
(2)
The route to be traveled.
(3)
Whether the parade or other event will occupy all or
only a portion of the streets proposed to be traversed.
(4)
The intervals of space to be maintained between units
of a parade or other event.
(5)
The number, types and sizes of floats.
(6)
The material and maximum size of any signs or banners
to be carried along the route.
C.
Supplemental information. Any supplemental information that the Township Manager shall find reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve or conditionally approve a special event permit pursuant to § 139-8 shall be provided.
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.
A.
The Township Manager shall approve an application for
a special event permit unless he determines from a consideration of the application
or other pertinent information that:
(1)
Information contain in the application or supplemental
information requested from the applicant is found to be false in any material
detail.
(2)
The applicant fails to complete the application form
after having been notified of the additional information or documents required.
(3)
The sole purpose of the event is advertising of any product,
good, ware, merchandise or event and is designed to be held solely for private
profit and not for First Amendment expression.
(4)
Another special event permit application has been received
prior in time or has already been approved to hold another event at the same
time and place requested by the applicant or so close in time and place as
to cause undue traffic congestion or the Police Department is unable to meet
the needs for police services for both events.
(5)
The time, route or size of the event will substantially
interrupt the safe and orderly movement of traffic contiguous to the event
site or route or disrupt the use of a street at a time when it is usually
subject to a great traffic congestion.
(6)
The concentration of persons, animals and vehicles at
the site of the event or the assembly and disbanding areas around an event
will prevent proper police, fire or ambulance services to areas contiguous
to the event.
(7)
The size of the event will require diversion of so great
a number of police officers of the township to ensure that participants stay
within the boundaries or route of the event or to protect participants in
the event as to prevent normal protection to the rest of the township. Nothing
herein authorizes denial of the permit when additional peace officers would
be available to the township under applicable state law and mutual aid plans,
if requested by the township in advance of the event. Nothing herein authorizes
denial of a permit because of the need to protect participants from the conduct
of others, if reasonable permit conditions can be imposed to allow for the
adequate protection of event participants with the number of police officers
available to police the event.
(8)
The parade or other event moving along a route will not
move from its point of origin to its point of termination in three (3) hours
or less.
(9)
The location of the event will substantially interfere
with any construction or maintenance work scheduled to take place upon or
along the township streets or a previously granted encroachment permit.
(10)
The event will occur at a time when a school is in session
at a route or location adjacent to the school or class thereof and the noise
created by the activities of the event would substantially disrupt the education
activities of the school or class thereof.
B.
When the grounds for denial of an application for permit specified in Subsection A(4) through (10) above can be corrected by altering the date, time, duration, route or location of the event, the Township Manager shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with Subsection A(4) through (10) above.
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.
A.
The applicant shall have the right to appeal the denial of a permit or a permit condition. The applicant shall also have the right to appeal the amount of fees or cleanup deposits imposed pursuant to §§ 139-13 and 139-14 or a determination by the Township Manager that the applicant's insurance policy does not comply with the requirements specified in § 139-11. A notice of appeal shall be filed within five (5) days after mailing or personal delivery of a notice of denial or permit condition with the Township Manager, setting the grounds for the appeal. The appeal must be filed no later than 12:00 noon, one (1) calendar week preceding a Board of Supervisors' meeting, to be placed on the next regular meeting's agenda. The Board of Supervisors shall hear the applicant or a designated representative, receive any relevant information and documents and act on the appeal at its next regular meeting. The decision of the Board of Supervisors is final.
B.
If there is insufficient time for a timely appeal to
be heard by the Board of Supervisors prior to the date on which the event
is scheduled, the applicant may, at his option, request that the Township
Manager schedule the appeal before the Chairman of the Board of Supervisors.
The Chairman of the Board of Supervisors shall hold a hearing no later than
five (5) business days after filing of the appeal and will render his decision
no later than one (1) business day after hearing the appeal. If the appeal
is heard before the Chairman of the Board of Supervisors, the Chairman's
decision is final.
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:
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.
A.
The applicant for a special event permit must possess
or obtain public liability insurance to protect against loss from liability
imposed by law for damages on account of bodily injury and property damage
arising from the event. Such insurance shall name on the policy or by endorsement
as additional insureds Upper Merion Township, its officers, employees and
agents. Insurance coverage must be maintained for the duration of the event.
(1)
Coverage shall be a comprehensive general liability insurance
policy.
(2)
The following minimum limits shall be required:
(a)
Five hundred thousand dollars ($500,000.) for each person
for bodily injury; one million dollars ($1,000,000.) for each occurrence of
bodily injury; and two hundred fifty thousand dollars ($250,000.) for each
occurrence of property damage; or
(b)
One million dollars ($1,000,000.) for each occurrence
of combined single limit bodily injury and property damage.
(3)
If food or nonalcoholic beverages are sold or served
at the event, the policy must also include an endorsement for products liability
in an amount lot less than five hundred thousand dollars ($500,000.). If alcoholic
beverages are sold or served at the event, the policy must also include an
endorsement for liquor liability in an amount not less than five hundred thousand
dollars ($500,000.). At any time when the insurance coverage required under
this section may be purchased by a permit applicant through a township insurance
policy, such coverage shall be made available to all permit applicants at
the rates stated in the policy premium schedule.
B.
A copy of the policy or a certificate of insurance, along
with all necessary endorsements, must be filed with the Township Manager no
less than ten (10) days before the date of the event unless the Township Manager
for good cause waives the filing deadline. The special event permit shall
not be valid until after the insurance policy or certificate of insurance
along with necessary endorsements has been filed by the applicant and approved
by the Township Manager.
C.
The insurance requirements of Subsections A and B above shall be waived by the Township Manager for nonathletic events if the following conditions are satisfied:
(1)
The applicant or an officer of the sponsoring organization
signs a verified statement that he believes the event's purpose is First
Amendment expression and that he has determined that the cost of obtaining
insurance is so financially burdensome on the right of the First Amendment
expression or that it has been impossible to obtain insurance coverage. The
statement shall include the name and address of one (1) insurance agent or
other source for insurance coverage contacted to determine insurance premium
rates for insurance coverage.
(2)
Upper Merion Township may, at its discretion, determine
to require the applicant to apply for insurance coverage for the event under
a policy selected by the Upper Merion Township. The applicant must provide
any information pertinent to qualifying for the insurance coverage.
A.
Prepayment of fees. Upon approval of an application for
a special event permit, the Township Manager shall provide the applicant with
a statement of the estimated cost of providing overtime police officers for
traffic control at the event. The applicant of the event shall be required
to prepay the traffic control fees ten (10) days prior to the special event.
Traffic control by officers includes clearing the event route or site of unauthorized
vehicles, diversion of traffic around the event and directing pedestrian and
vehicular traffic along the route of an event or to and from parking facilities
at an event.
B.
Fees. The fee to be paid by the applicant for the services
set forth herein shall be based upon actual costs or overtime costs, with
a minimum of four (4) hours per officer.
C.
Refunds or overruns. If the actual cost for traffic control on the date of the event is less than the estimated cost pursuant to Subsection A above, the applicant shall be promptly refunded the difference by Upper Merion Township.
D.
Preestablished event routes. The fee schedule for all township services shall be set forth in the Fee Ordinance, Chapter A173. The following is a list of designated parade routes:
[Amended 8-15-1988 by Ord. No. 88-537]
(1)
Parade Route No. 1, one and five-tenths (1.5) miles:
|
Assembly and demarcation
| ||
|---|---|---|
|
Upper Merion High School and Middle School Complex
| ||
|
Crossfield Road to Prince Frederick Street
| ||
|
Right on Prince Frederick Street
| ||
|
Left on Deep Hollow Road
| ||
|
Left on Hearthstone Road
| ||
|
Left on Crossfield Road to School Complex
| ||
(2)
Parade Route No. 2, one and two-tenths (1.2) miles:
|
Assembly and demarcation
| ||
|---|---|---|
|
Caley School
| ||
|
Left on Caley Road
| ||
|
Left on Abrams Mill Road
| ||
|
Right on Champlain Drive
| ||
|
Left on General Scott Road
| ||
|
Left on Regimental Road
| ||
|
Left on Caley Road to Caley School
| ||
(3)
Parade Route No. 3, one and three-tenths (1.3) miles:
|
Assembly and demarcation
| ||
|---|---|---|
|
Caley Road School
| ||
|
Left on Caley Road
| ||
|
Right on Abrams Mill Road
| ||
|
Right on Bernard Drive
| ||
|
Right on Jasper Road
| ||
|
Left on Springdell Road
| ||
|
Right on Sweetbriar Road
| ||
|
Right on Caley Road to Caley School
| ||
(4)
Parade Route No. 4, one (1) mile:
|
Assembly and demarcation
| ||
|---|---|---|
|
Swedeland Park
| ||
|
Left on B Street
| ||
|
Left on W Street
| ||
|
Left on A Street
| ||
|
Right on Flint Hill Road
| ||
|
Left on Summit Street
| ||
|
Left on U Street
| ||
|
Right on B Street to park
| ||
(5)
Parade Route No. 5, one and six-tenths (1.6) miles:
|
Assembly and demarcation
| ||
|---|---|---|
|
Bob White Park
| ||
|
Falcon Road to Mallard Road
| ||
|
Right on Mallard Road
| ||
|
Left on Bob White Road
| ||
|
Left on Forest Road
| ||
|
Right on Crestline Road
| ||
|
Left on Mallard Road
| ||
|
Right on Falcon Road to Bob White Park
| ||
E.
Free speech routes and waiver of fees. Traffic control
fees shall be waived by the Township Manager for nonathletic events if the
following conditions are satisfied:
[Amended 8-15-1988 by Ord. No. 88-537]
(1)
The applicant signs a verified statement that he believes
the event's purpose is First Amendment expression and that the cost of
traffic control fees is so financially burdensome that it would constitute
an unreasonable burden on the right of First Amendment expression.
(2)
The applicant selects one (1) of the preestablished free
speech routes set forth below:
(a)
Free Speech Route No. 1, ninety-five hundredths (0.95)
mile:
|
Assembly and demarcation
| ||
|---|---|---|
|
Belmont School, Anderson Road
| ||
|
Right on Anderson Road
| ||
|
Left on Hampton Road
| ||
|
Left on Riverview Road
| ||
|
Right on Yale Drive
| ||
|
Left on Anderson Road
| ||
|
Right on Belmont School
| ||
(b)
Free Speech Route No. 2, nine-tenths (0.9) mile:
|
Assembly and demarcation
| ||
|---|---|---|
|
Caley School
| ||
|
Left on Caley Road
| ||
|
Left on Abrams Mill Road
| ||
|
Left on General Scott Road
| ||
|
Left on Regimental Road
| ||
|
Left on Caley Road to Caley School
| ||
(c)
Free Speech Route No. 3, seven-tenths (0.7) mile:
|
Assembly and demarcation
| ||
|---|---|---|
|
Bob White Park
| ||
|
Left on Bob White Road
| ||
|
Right on Mallard Road
| ||
|
Right on Falcon Road to Bob White Park
| ||
A.
The applicant of an event involving the sale of food
or beverages, erection of structures, horses or other large animals, water
aid stations or first aid stations on public rights-of-way or other public
land shall be required to provide a cleanup deposit prior to the issuance
of a special event permit. The cleanup deposit shall be in the amount established
in a cleanup fee schedule adopted by the Board of Supervisors in the Upper
Merion Township Fee Schedule.[1]
B.
The cleanup deposit shall be returned after the event
if the area used for the permitted event has been cleaned and restored to
the same condition as existed prior to the event.
C.
If the property used for the event has not been properly
cleaned or restored, the permittee shall be billed for the actual cost by
Upper Merion Township for cleanup and restoration, and the cleanup deposit
or a portion thereof shall be applied toward payment of the bill. If the permittee
disputes the bill, he may appeal to the Township Manager within ten (10) days
after the mail date of the bill. Should there be any unexpended balance on
deposit after completion of the work, this balance shall be refunded to the
permittee. Should the amount of the bill exceed the cleanup deposit, the difference
shall become due and payable to the township upon billing.
A.
Each permittee of an event shall comply with all terms
and conditions of the special event permit.
B.
Each permittee of an event shall ensure that the person
leading a parade or other event along a route or the person in charge of any
other event shall carry the special event permit on his person for the duration
of the event.
C.
Each permittee of an event shall ensure that any public
area used for the permitted event is cleaned and restored to the same condition
as existed prior to the event immediately following the completion of the
event.
A.
It shall be unlawful for any person to sponsor or conduct
a parade, athletic event or other special event requiring a special event
permit pursuant to this chapter, unless a valid permit has been issued for
the event. It is unlawful for any person to participate in such an event with
the knowledge that the sponsor of the event has not been issued a required,
valid permit.
B.
It shall be unlawful for any person to interfere with
or to disrupt a lawful parade, athletic event or other special event.
C.
The special event permit authorizes the permittee/sponsor
to conduct only such event as is described in the permit and in accordance
with the terms and conditions of the permit. It is unlawful for the permittee/sponsor
to willfully violate the terms and conditions of the permit or for any event
participant with knowledge thereof to willfully violate the terms and conditions
of the permit.
[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.
