[HISTORY: Adopted by the Borough Council of the Borough of Boyertown 4-5-1993 by Ord. No. 3-93. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- An organization, civic club, church or school which seeks to obtain a permit from the Borough to hold a parade on the public streets of the Borough.
- The Borough of Boyertown, Berks County, Pennsylvania.
- BOROUGH COUNCIL
- The duly constituted legislative body of the Borough of Boyertown.
- BOROUGH MANAGER
- The appointed Borough Manager of the Borough of Boyertown.
- BUDGETED PARADES
- The Christmas parade sponsored by the Boyertown Area Chamber of Commerce, the Halloween parade sponsored by the Boyertown Area Jaycees and the Memorial Day parade sponsored by veteran groups.
- An organized procession containing three or more vehicles, except funeral processions, upon any public street, sidewalk or alley in the Borough.
- MUNICIPAL SERVICE RATE
- The hourly cost to the Borough of providing police protection, fire protection, standby emergency medical services, sanitary services, cleanup and trash removal and other necessary services for a parade, motorcade, meeting or rally as established annually by resolution of the Borough Council.
- Any march or procession consisting of people, animals or vehicles or any combination thereof, except funeral processions, upon any public street, sidewalk or alley in the Borough, which does not comply with the normal and usual traffic regulations or controls.
- PARADE PERMIT APPLICATION
- A form provided by the Borough for use in applying for a parade permit hereunder.
It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street, sidewalk or alley in the Borough or to knowingly participate in any such parade or motorcade unless a permit to conduct such parade or motorcade has been obtained from the Borough Manager or, as hereinafter provided, from the Borough Council.
No permit shall be issued authorizing the conduct of a parade or motorcade which the Borough Manager finds is intended to be held for the sole purpose of advertising any product, goods, wares, merchandise or event and is designed to be purely for private profit.
Any person who wishes to conduct a parade or motorcade shall apply to the Borough Manager for a permit at least 120 days in advance of the date of the proposed parade or motorcade. The Borough Council may, in its discretion, consider any application for a permit to conduct a parade or motorcade which is filed less than 120 days prior to the date such parade or motorcade is to be conducted. The application for such permit shall be made, in writing, on a parade permit application form provided by the Borough. In order that adequate arrangements may be made for the proper policing of the parade or motorcade and for other municipal services, the application shall contain the following information:
The name of the applicant, the sponsoring organization, the parade or motorcade Chairman and the addresses and telephone numbers of each.
The purpose of the parade or motorcade, the date when it is proposed to be conducted, the proposed location of the assembly area, the proposed location of the disbanding area, the proposed route to be traveled and the proposed times when the parade or motorcade and any meeting or rally connected therewith to be held on municipal property will assemble, commence and terminate.
A description of the individual floats, marching units, vehicles, bands and other units which will participate in the parade, including a description of any sound amplification equipment to be used.
The estimated number of participants.
Such other information as the Borough Manager may deem necessary.
The Borough Manager shall approve or disapprove the application for a parade permit not less than 60 days prior to the scheduled date of the parade as shown on the application.
Standards of issuance. The Borough Manager shall issue a parade or motorcade permit conditioned upon the applicant's written agreement to comply with the terms of the permit, unless the Borough Manager finds that:
The time, route and size of the parade or motorcade requested by the applicant will disrupt to an unreasonable extent the movement of vehicle traffic in or through the Borough;
The parade or motorcade is of a size that will require the diversion of so great a number of police officers of the Borough to properly police the parade route and the areas contiguous thereto that permitting the parade or motorcade will deny reasonable police protection to the Borough;
The parade or motorcade will interfere with another parade for which a permit has been issued; or
The Pennsylvania State Police will not be able to provide auxiliary police services for the proposed event.
Standards for denial. The Borough Manager shall deny an application for a parade or motorcade permit and notify the applicant of such denial where:
The Borough Manager makes any finding contrary to the findings required to be made for the issuance of a permit.
The information contained in the application is found to be false or incomplete in any material detail.
The applicant refuses to agree to abide by or comply with all conditions of the permit.
The Borough will fund expenditures within the general fund budget for normal parade expenses for the three budgeted parades defined above in § 130-1 of this chapter.
Every applicant for a permit to conduct a parade in addition to the three budgeted parades shall pay an application processing fee of $85.
Upon approval of the application for a parade permit, the applicant shall deposit with the Borough an amount determined by multiplying the hourly municipal service rate then in effect by the estimated number of hours of duration of the parade or motorcade and any meeting or rally connected herewith, as stated in the application, in order to cover the Borough's estimated expenses for the parade, including but not limited to the costs of police protection, fire protection, emergency medical services, sanitary services, cleanup and trash removal. If the actual costs of municipal services used for a permitted event, as determined no sooner than 30 days after the conclusion of the event, are less than the amount deposited by the applicant at the time of the issuance of the permit, than such excess amount shall be refunded to the applicant within 90 days after the conclusion of the event.
[Amended 9-5-2000 by Ord. No. 4-00]
If a permitted parade, motorcade, meeting or rally exceeds the estimated time for the event as stated in the application by more than 1/2 hour, the permittee shall pay the municipal service rate to the Borough for such excess time.
In each permit the Borough Manager shall specify the following:
The date of the parade or motorcade.
The assembly area and time therefor.
The starting time.
The minimum and maximum speeds.
The route of the parade or motorcade.
The portions of streets to be traversed which may be occupied by such parade or motorcade.
The maximum number of platoons or units which may participate in the parade or motorcade and the maximum and minimum intervals of space to be maintained between the units during such parade or motorcade.
The maximum length of such parade or motorcade in miles or fractions thereof.
The disbanding area and disbanding time.
The number of persons required to monitor the parade or motorcade.
The number and types of parade vehicles, if any.
The material and maximum size of any sign, banner, placard or carrying device therefor.
That the materials used in the construction of floats used in the parade shall be of fire-retardant materials and shall be subject to such requirements concerning fire safety as may be determined by the Fire Chief.
That the permittee shall advise all participants in the parade or motorcade, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of such parade or motorcade.
That the amplification of sound permitted to be emitted from sound trucks or bull horns be fixed and not variable.
That the parade or motorcade continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade or motorcade, except when reasonably required for the safe and orderly conduct of the parade or motorcade, shall constitute a violation of the permit.
The location, time of commencement and time of termination of any meeting or rally to be held on municipal property in connection with the parade or motorcade.
Such requirements as are found by the Borough Manager to be reasonably necessary for the protection of persons or property.
All conditions of the permit shall be complied with so far as is reasonably practicable.
Upon a denial by the Borough Manager of an application made pursuant to § 130-4 of this chapter, the applicant may appeal from the determination of the Borough Manager within five days thereafter to the Borough Council by filing a written notice of appeal and request for a hearing by the Borough Council at its next meeting. Upon such appeal, the Borough Council may affirm, reverse or modify in any regard the determination of the Borough Manager.
In the event that an application is not filed within the time required by § 130-4, the applicant may request a waiver of such requirement by the Borough Council at its next regular meeting, and the Borough Council, in its sole discretion, may waive such requirement if it finds unusual circumstances justifying the applicant's delay.
Immediately upon the granting of a permit for a parade or motorcade, the Borough Manager shall send a copy thereof to the following:
The Borough reserves the right to change the parade route, assembling area, disbanding area and location of any meeting or rally from those proposed on the parade permit application to other routes and areas at any time prior to the parade if the Borough Manager determines that the safety of the public or property requires such changes. Notice of such action shall be delivered, in writing, to the permittee by personal service or by certified mail.
Any permit for a parade or motorcade issued pursuant to this chapter may be summarily revoked by the Borough Manager at any time when, by reason of the occurrence of a disaster, public calamity, riot or other emergency, the Borough Manager determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered, in writing, to the permittee by personal service or by certified mail.
A parade permit will not be required for any of the following functions:
Students going to and from school or other classes or educational activities, provided that such activity is under the immediate direction and supervision of the proper school authorities.
A governmental agency acting within the scope of its functions.
Regularly scheduled activities of organized groups including, but not limited to, scouting organizations, little league and vacation church schools.
No person shall knowingly join in any parade or motorcade conducted under a permit issued by the Borough Manager in violation of any of the terms of said permit nor knowingly join or participate in any permitted parade or motorcade without the prior consent of the permittee nor in any manner interfere with its progress or orderly conduct. No driver of a vehicle shall drive among the vehicles or persons comprising a parade when such vehicles or persons are in parade formation and are in motion or are temporarily at rest in the parade route when such vehicles or persons have been conspicuously designated as a parade.
The Police Department of the Borough shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along the street or portion thereof which is within the route of a parade or motorcade. The Police Department shall post signs giving notice of such restrictions, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
Any person violating any provision of this chapter shall be guilty of a summary offense and, upon conviction thereof in a summary proceeding, shall be sentenced to pay a fine of not less than $100 nor more than $250 or, in default thereof, shall be sentenced to imprisonment for a term not exceeding 15 days, or both such fine and imprisonment.