As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
PUBLIC ASSEMBLY
Any parade, march, block party, walkathon, bikeathon, organized
foot race, ceremony, show, exhibition, pageant, procession of any
kind or any similar display in or upon any street, sidewalk, public
park or other public place in the Borough, which assembly is of such
a nature as to be likely to substantially interfere with normal vehicular
or pedestrian traffic.
[Amended by Ord. No. 2001-9]
No person or organization of any kind or class shall engage
in, participate in, aid, form or start any public assembly unless
a public assembly permit shall have been obtained from the Chief of
Police. This section shall not apply to:
B. Students going to and from school classes or participating in educational
and extracurricular activities, provided such conduct is under the
immediate direction and supervision of the proper school authorities;
C. A governmental agency acting within the scope of its functions.
D. Spontaneous gatherings of persons for purposes of expression of noncommercial
speech which do not interfere with normal vehicular or pedestrian
traffic.
E. Organized public assemblies which do not interfere with normal vehicular
or pedestrian traffic.
Any person desiring a public assembly permit shall file an application
with the Chief of Police on forms provided by the Chief's office.
There shall be no application fee. It is requested that applications
be filed not less than 20 days before the date on which the public
assembly is to be conducted. The Chief of Police shall, however, also
consider applications which are filed less than 20 days before the
date on which the public assembly is to be conducted. The application
shall contain the following:
A. The name, address and telephone number of the person seeking to conduct
such public assembly.
B. If the public assembly is to be conducted for or on behalf of any
organization, the name, address, and telephone number of the authorized
and responsible leaders of the organization, together with the address
and telephone number of the headquarters of the organization.
C. The name, address and telephone number of the public assembly chairperson
or the person personally responsible for the conduct of the public
assembly.
D. The date when the public assembly is to be conducted.
E. The route to be traveled, including the starting point and the termination
point, together with all streets, sidewalks, parks or other public
places to be traversed during the public assembly.
F. The approximate number of persons who will constitute or partake,
and if animals will be included in the public assembly or line of
march then the specific type of animal, whether domestic or wild,
and the number and description of the motor vehicles or any other
type vehicle expected to be used in the public assembly.
G. The number of monitors to be provided and the identifying marks,
badges or symbols to be worn or used by the monitors.
H. The hours when the public assembly will start and terminate.
I. Whether the public assembly will occupy all or only a portion of
the width of the streets, sidewalks, parks or other public places
to be traversed. If yes, describe in detail the specific streets,
sidewalks, parks or other public areas and locations.
J. The time at which the public assembly will begin to assemble at the
assembly areas designated above.
K. The interval of space to be maintained between each unit of the public
assembly.
L. If the public assembly is being held by, 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 public assembly, authorizing the applicant
to apply for the permit on behalf of the person holding the public
assembly.
N. A statement of the purpose of the public assembly.
O. Any additional information which the Chief of Police may find reasonable
for a fair determination as to whether a permit should be issued.
If the application shall be disapproved, the Chief of Police
shall give written notice thereof to the Borough Clerk and applicant
setting forth the reasons for the denial of the permit.
The Chief of Police shall notify the applicant for a public
assembly permit of his decision on such application within 24 hours
of the time that the application was filed.
Immediately following the issuance of a public assembly permit,
the Chief of Police shall send a copy thereof to the following:
E. The Director of Public Works.
F. The Borough
Manager.
[Added 10-12-2023 by Ord. No. NP2023-16]
Any permittee under this chapter shall comply with all permit
directions and conditions and with all applicable laws and ordinances
of the Borough.
The public assembly chairperson or other such person in charge
of or leading the activity shall carry the public assembly permit
upon his person during the conduct of the public assembly.
Any person, firm or corporation that shall be convicted of a violation of any provision of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to the penalties provided in Chapter
1, General Provisions, Article
II, General Penalty. Each day that such violation exists shall constitute a separate offense.