[HISTORY: Adopted by the Borough Council
of the Borough of Edgeworth 10-15-1991 by Ord. No. 436. Amendments noted where
applicable.]
It is hereby declared that:
A.
The safety of the public, access to and enjoyment
of public roads and facilities and the preservation of private property
are fundamental goals of government.
B.
To accomplish these fundamental goals, the Borough
of Edgeworth allocates a portion of its limited financial resources
to the operation of a Police Department and the maintenance of public
recreational facilities, parks and thoroughfares.
C.
The presence of uniformed police officers at all exhibitions
or parades is deemed a necessity to the public.
D.
The efficient operation of the Police Department requires
careful planning to eliminate unbudgeted and extraordinary expenses.
E.
Public exhibitions and parades may create congestion
on public roads and other public and private lands and may present
a public safety hazard that diverts police resources away from providing
adequate protection to the community as a whole and creates unbudgeted
overtime expense.
F.
Public exhibitions and parades may block access to
both commercial and residential property causing inconvenience and
disrupting commerce.
G.
The allocation of use of Edgeworth's public parks
and facilities to allow for their peaceful enjoyment by its citizens
and to conserve the resources of such facilities is an important interest
of the Borough.
H.
Notwithstanding the provisions of this chapter, full
and ample means exist, and will continue to exist, for the exercise
of freedom of speech and other constitutional rights.
I.
The provisions hereinafter enacted are necessary for
the public interest to avoid the detrimental results herein set forth
and are enacted by the Council of Edgeworth pursuant to the provisions
of the Borough Code, at 53 P.S. § 46202(1), (3), (6), (17),
(20), (30) and (74).
A.
It shall be unlawful for any person, group or enterprise
to conduct or participate in a public exhibition or parade without
a permit issued in accordance with this chapter.
B.
Any person, group or enterprise who desires to conduct
a public exhibition or parade shall apply to the office of the Mayor
for a permit at least 14 days prior to the proposed date. No permit
processing fee will be charged for the issuance of a permit under
any circumstances. In the Mayor's absence, the Chief of Police,
or other official designated by the Mayor, shall exercise the Mayor's
full authority as conferred by this chapter. Permit applicants shall
be required to furnish specific information concerning the time, place,
manner, purpose and size of the proposed public exhibition or parade.
The applicant shall state the number of persons and motor vehicles
expected as well as where parking and any gathering of persons will
take place. The applicant shall also state what person or persons
shall be responsible for control of the proposed event. The person
so designated as responsible for control shall be specially, but not
exclusively, responsible for the violation of any provisions of this
chapter or of any limitations in the permit and shall endorse the
application for the permit accepting such responsibility and legal
liability. The person so designated as responsible must provide the
Borough with satisfactory evidence of financial responsibility for
any damage to public or private property as a consequence of the parade
or exhibition. The aforementioned provision notwithstanding, the Mayor
shall not deny an application on the grounds that the applicant has
insufficient financial resources to insure public and private property
from possible injury. The Mayor shall, however, refuse to process
a permit if the applicant fails to reasonably disclose his financial
resources to fulfill the aforementioned requirement.
[Amended 10-20-1992 by Ord. No. 439]
C.
Authority of Mayor.
(1)
The Mayor shall have the authority in furtherance
of this chapter to designate by permit various time, place and manner
restrictions on any public exhibition or parade, to include but not
be limited to the following:
(a)
Time and place of commencement and ending.
(b)
Public property to be utilized.
(c)
Route of march.
(d)
Composition of parade, to include the number
of persons in each marching unit, the distance between those units,
the maximum permissible size of marching unit formations and the maximum
length of the parade.
(2)
In exercising such authority, the Mayor shall give
due consideration to the declarations of this chapter and to the anticipated
size of the parade or exhibition, and the effect of the parade or
public exhibition, if any, on the following:
(a)
The safe and efficient flow of traffic.
(b)
Access by nonparticipants to public roads, thoroughfares
and facilities.
(c)
Access to and from, and the quiet enjoyment
of, private property.
(d)
Commerce.
(e)
The ability of the Borough to provide police,
fire and other important services to participants and nonparticipants,
and the cost thereof.
D.
Reasons for denial.
(1)
In order to further and achieve the policies declared
in this chapter, the Mayor shall not issue a permit if:
(a)
A conflict exists between the time and place
requested and the time and place of a previously issued permit;
(b)
The permit request is solely for a commercial
purpose;
(c)
The diversion of police or other public services
to the public exhibition or parade would deny reasonable police protection
or public services to the remainder of the Borough; or
(d)
A parade or public exhibition was conducted
by, or a permit was issued to, the same person, group or enterprise
(or persons advocating, endorsing or sponsoring the same or substantially
similar programs or messages as the applicant) in the six-month period
prior to the proposed date.
(2)
No permit shall issue for parades or public exhibitions
of a planned or anticipated duration in excess of two hours, nor shall
any parade or public exhibition take place other than in daylight
hours, or before 1:00 p.m. (prevailing time) on any Sunday.
No person intending to cast sound on the streets,
sidewalks or other public property shall use, operate or maintain
any loudspeaker, megaphone or other sound-amplification equipment,
apparatus or device which mechanically or electronically emits such
sound, whether such is hand-carried; mobile, as used in a motor vehicle,
helicopter or airplane; affixed to a building, pole or other fixture;
or located on the ground.
Any permit may be revoked by the Mayor or his
designee at any time upon failure of the permittee to abide by this
chapter. Further, in the event the Mayor or his designee denies any
permit application, in whole or in part, or issues a permit on conditions
other than those requested, he/she shall promptly so notify the applicant,
in writing, stating his reasons therefor.
As used in this chapter, the following terms
shall have the meanings indicated:
Any assemblage, meeting, group or procession of persons or
vehicles, separately or in combination, which occupies, marches or
assembles upon any street, sidewalk, thoroughfare or public property
in the Borough or which interferes with, interrupts or excludes (in
whole or part) other persons in their legal right to the use thereof
or in the free and peaceful use and enjoyment of any private property.
Includes theatrical programs, amusements, dances, displays,
open houses, house tours or any other entertainment or demonstrations
which are conducted at or occupy any outdoor public place within the
Borough of Edgeworth.
Any person violating the provisions of this
chapter shall, upon conviction, be fined not more than $1,000, together
with the costs of prosecution, and, in default of payment of such
forfeiture and costs of prosecution, shall be imprisoned until such
forfeiture and costs are paid, but not to exceed 30 days. Each violation
of this chapter and each day the same is continued shall constitute
a separate violation hereof. In addition, the Borough may seek equitable
relief to enforce this chapter.
