As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
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.
BOROUGH
The Borough of Boyertown, Berks County, Pennsylvania.
BOROUGH COUNCIL
The duly constituted legislative body 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.
MOTORCADE
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.
PARADE
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.
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:
A. The name of the applicant, the sponsoring organization, the parade
or motorcade Chairman and the addresses and telephone numbers of each.
B. 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.
C. 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.
D. The estimated number of participants.
E. Such other information as the Borough Manager may deem necessary.
Immediately upon the granting of a permit for a parade or motorcade,
the Borough Manager shall send a copy thereof to the following:
B. The President of Borough Council.
E. The commanding officer of the local unit of the Pennsylvania State
Police.
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:
C. 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.
D. A governmental agency acting within the scope of its functions.
E. 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.