This chapter shall be known and may be cited as the "Parade
Ordinance of the Borough of Parkside."
As used in this chapter, the following terms shall have the
meanings indicated;
COUNCIL
The Council of the Borough of Parkside.
PARADE
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.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A person seeking issuance of a parade permit shall file an application
with the Chief of Police on forms provided by such officer.
A. Filing period. An application for a parade permit shall be filed
with the Chief of Police not fewer than 30 days nor more than 60 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 Chief of Police a communication in writing from
the person proposing to hold the parade authorizing the applicant
to apply for the permit on his behalf.
(12)
Any additional information which the Chief of Police shall find
reasonably necessary to a fair determination as to whether a permit
should be issued.
C. Late applications. The Chief of Police, where good cause is shown
therefor, shall have the authority to consider any application hereunder
which is filed fewer than 30 days before the date such parade is proposed
to be conducted.
[Amended 8-21-1991 by Ord. No. 362]
The Chief of Police 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 Parkside
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 Parkside.
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
Parkside by preventing firefighting equipment, ambulances, rescue
vehicles and/or police vehicles from being able to reach any property
in the Borough of Parkside.
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 persons or property, to provoke disorderly conduct or to create
a disturbance.
G. The parade is scheduled to move from it 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.
[Amended 8-21-1991 by Ord. No. 362]
The Chief of Police shall act upon the application for a parade permit within 10 days after the filing thereof. If the Chief of Police disapproves the application, he shall mail to the applicant, by certified mail within 10 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 §
122-7, Appeals.
[Amended 8-21-1991 by Ord. No. 362]
Any person aggrieved shall have the right to appeal the denial
of a parade permit to Borough Council. The appeal shall be taken by
sending a letter to the Borough Secretary requesting that Borough
Council hear an appeal of the decision to deny a parade permit. This
letter must be sent by certified mail or delivered to the Borough
Hall of the Borough of Parkside at 22 East Elbon Road, Parkside, 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. Borough Council must render a decision
on said appeal, in writing, within 10 days of receipt of the appeal.
[Amended 8-21-1991 by Ord. No. 362]
Where the Chief of Police, after applying the standards set forth in §
122-5 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 §
122-6 above. Whenever to the Chief of Police shall issue an alternate permit, the letter sent to the applicant, in addition to conforming to the requirements of §
122-6 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 Parkside at 22 East Elbon Road, Parkside, Pennsylvania, 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 §
122-6 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 §
122-7 above. An alternate parade permit issued pursuant to this section shall be issued pursuant to the standards set forth in §
122-5 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 Chief
of Police shall send a copy thereof to the following:
E. The Director of Public Works.
Each parade permit shall state the following information:
B. The portions of the streets to be traveled that may be occupied by
the parade.
C. The maximum length of the parade in miles or fractions thereof.
D. Such other information as the Chief of Police shall find necessary
to the enforcement of this chapter.
[Amended 12-21-1988 by Ord. No. 349]
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 be imprisoned for a period not exceeding 30
days, or be both so fined and imprisoned. Each day such a violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.