[HISTORY: Adopted by the Borough Council of the Borough of
Upland 2-9-2010 by Ord. No. 2-2010. Amendments noted where applicable.]
A.
Purpose. The Borough of Upland, Delaware County, Pennsylvania, has,
from time to time, had special events take place in the Borough, and
to better facilitate, regulate and supervise special events, the Borough
of Upland believes it is appropriate to establish, adopt and enact
a special events chapter, and the Borough of Upland believes that
the same will better ensure the health, safety and welfare of its
citizens.
B.
ADDITIONAL POLICE
AGREEMENT
APPLICANT
FUNERAL PROCESSION
PARADE
PERMITTEE
PUBLIC MEETING OR ASSEMBLY
SPECIAL DUTY POLICE
SPONSOR
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Additional police officers, performing their normal law enforcement
duties, over and above the number of officers normally on duty at
a given time.
The contract form between the sponsor and the Upland Borough
Police Department herein known as the "Agreement for Extra-Duty Police
Services"
The special event sponsor as defined in "sponsor."
A single movement from a mortuary or church to the place
of burial of a human body, under direction of an authorized funeral
director.
A march or procession of any kind.
The person or legal entity to which a special event permit
has been issued under the provisions of this chapter.
A planned or organized gathering of a group of persons, or
any ceremony, show, exhibition or pageant which may reasonably be
expected to result in the gathering of a group of persons, upon any
public street, park or other public grounds.
Any police officers assigned to an extra-duty police detail
to provide specific security for a special event associated with the
assessment of security needs for that specific special event, whether
such need is determined by the Upland Borough Police Department (UBPD)
or is based on a request from the special event sponsor.
A person who, while acting in their individual or representative
capacity, for themselves, the sponsor's business, a corporation,
nonprofit entity, association, organization, club, etc. for whom they
are legally empowered and authorized to act, a person of legal capacity
to enter into a binding contract for themselves or the entity for
whom they purport to act, in application for the required Borough
permits and authorizations, and who may seek to obtain extra-duty
police services for or in association with a special event.
It is unlawful for any person to hold, manage, conduct, aid,
participate in, form, start or carry on any special event, as defined
in this chapter, in or upon any public street, park or other public
grounds in the Borough unless and until a permit to conduct such special
event has been obtained in compliance with the provisions of this
chapter, except as herein provided.
This chapter shall not apply to any of the following:
A.
Funeral processions;
B.
A governmental agency within the scope of its functions;
C.
Students going to and from school classes or participating in educational
activities, providing such special event is authorized by the school
district and is under the immediate direction and supervision of the
school authorities authorized by the school district to approve and
supervise such special event.
A.
Application for permits under this chapter must be filed with the Chief of Police or duly authorized law enforcement officer not less than 15 days in advance of the proposed special event. Late applications may be accepted if filed sufficiently in advance of the date of the proposed special event to enable the Chief of Police or duly authorized law enforcement officer to determine that the special event will meet the requirements set forth in § 156-5 of this chapter.
B.
This application shall be in writing and shall give the following
information:
(1)
The name, address and telephone number of the person requesting the
permit. If the special event is proposed to be conducted for, on behalf
of, or by any organization, the name, address and telephone number
of the headquarters of the organization and the authorized head of
such organization shall be stated;
(2)
The name, address and telephone number of the person who will be
directly in charge of and responsible for the special event;
(3)
The purpose of the special event;
(4)
The date, time and location or detailed route of the proposed special
event;
(5)
The approximate number of persons who will participate in the special
event and the number and kind of vehicles, equipment and animals which
will be used;
(6)
Plans for the assembly and dispersal of the special event, including
times and locations thereof;
(7)
A statement as to whether the special event will occupy all or only
a portion of the streets proposed to be traversed;
(8)
A statement as to whether a permit has been requested or obtained
from any other municipality within which said special event shall
commence, terminate or occur in part;
C.
The application fee for a special event permit is hereby set at $50
to cover the cost associated with processing and security assessment
for the event. This fee may be changed by resolution of the Upland
Borough Council as may be required from time to time.
The Chief of Police, his designated representative, or a duly
authorized law enforcement officer shall issue a special event 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 such special event will not substantially interrupt
the safe and orderly movement of other traffic;
B.
An appropriate assessment of security needs has been completed by
the UBPD, if necessary;
C.
The concentration of persons, animals and vehicles will not unduly
interfere with proper fire and police protection of, or ambulance
service to, areas where the special event will take place or areas
contiguous to such area;
D.
The conduct of such special event will not unduly interfere with
the movement of firefighting equipment en route to a fire, or the
movement of other emergency equipment;
E.
The conduct of such special event is not reasonably likely to cause
injury to persons or property; and
F.
Such special event is not to be held for the sole purpose of advertising
the goods, wares or merchandise of a particular business establishment
or vendor.
The Chief of Police or duly authorized law enforcement officer shall have authority to impose such conditions as are necessary to insure that all the findings mentioned in § 156-5 of this chapter shall exist during the continuation of the special event.
If a prior permit application shall have been made for a special
event proposed to be held at the same time or place, the Chief of
Police or duly authorized law enforcement officer may refuse approval
of the later application. In case of such refusal, he shall forthwith
send the applicant a written notice that he may apply for an alternate
time and place.
The Chief of Police or duly authorized law enforcement officer
shall act upon the permit application within three days of the filing
thereof. If he disapproves of the application, he shall mail to the
applicant within that three-day period notice of the denial and the
reason for it.
A.
The applicant shall have the right to appeal the denial of a permit
to the Borough Council. A notice of appeal shall be filed with the
Borough Manager within two days after receipt of notice of the denial.
The Borough Council shall act upon the appeal at its next meeting
following receipt of the notice of appeal.
B.
If the next scheduled meeting of the Borough Council would fall after
the planned date for the denied special event, the Council President
may appoint a special committee of Council members to take the question
of the appeal before the planned date of the denied special event.
The applicant will be informed, directly and in writing, immediately
upon the determination of the Council or their special committee.
Conditions to the issuance of any permit shall be set forth
in the permit.
The Chief of Police or duly authorized law enforcement officer may revoke any permit issued hereunder upon the failure of the permittee to comply with the terms and conditions of said permit or if the special event, because of the manner in which it is being conducted, or for any other reason, is jeopardizing those elements of the public safety or welfare set forth in § 156-5 of this chapter.
A.
It is unlawful for any person to unreasonably obstruct, impede or
interfere with any parade or public meeting or assembly or with any
person, vehicle or animal participating in such a parade, meeting
or assembly for which a permit has been granted in accordance with
the provisions of this chapter.
B.
The Chief of Police or duly authorized law enforcement officer shall
have the authority, when reasonably necessary, to prohibit or restrict
the parking of vehicles along a highway, street or road within the
Borough of Upland, or part thereof, constituting part of the route
of a parade. The Chief of Police or duly authorized law enforcement
officer shall post signs to such effect, and it shall be unlawful
for any person to park or leave unattended any vehicle in violation
thereof.
A.
Additional officers. For large-scale special events or special events
that will have a significant impact on vehicular traffic, additional
police officers may be required to control ingress and egress and
to detour traffic around the special event. This service may be provided
at an additional cost the same as set down in the document, "Notice
to parties requesting extra-duty police details," available through
the UBPD office.
B.
Assessment of special event security needs.
(1)
As directed by the Chief of Police, the UBPD shall conduct a pre-special
event assessment of the security needs created by the planned occurrence
of the special event.
(2)
The assessment of security needs by the UBPD shall not constitute
a representation, promise, guarantee or warranty by the Borough or
UBPD, or any other department of the Borough, that the UBPD will be
able to supply the minimum number of off-duty officers the UBPD determines
are required for the special event given anticipated scope, facts
and circumstances of the anticipated special event as represented
by the sponsor.
(3)
The Borough or UBPD expressly reserves the right to alter, disapprove,
cancel or terminate the special event as is deemed necessary for purposes
of public safety.
C.
Requests for extra-duty police services.
(2)
The completed form and any fees required must be turned in to the
UBPD Secretary no later than 10 working days prior to the date of
the planned special event.
(3)
Within three working days, the UBPD Secretary will review the application
for completeness and refer it to the Chief of Police for final approval
or disapproval. The sponsor will be notified of the decision within
the above-mentioned three-day period.
(4)
In order for the UBPD to provide the requested or required extra-duty
police services, the Chief of Police or other authorized person and
the sponsor must sign the agreement for extra-duty police services
and have it notarized.
A.
Any person, partnership, business, corporation or other legal entity
who fails, neglects or refuses to comply with any and all of the requirements
of the provisions of this chapter, or who holds, manages, conducts,
aids, participates in, forms, starts or carries on any special event,
as defined in this chapter, in or upon any public street, park or
other public grounds in the Borough without a permit to conduct such
special event in compliance with the provisions of this chapter, or
who fails or refuses to comply with any notice, order or direction
of the UBPD or Borough Council, upon conviction thereof in a summary
proceeding before a District Justice, such person, partnership, business,
corporation or other legal entity or the officers of any such corporation
or entity or the agent or any of them responsible for such violation,
shall be sentenced to pay a fine to the Borough of Upland of not more
than $600, plus the cost of prosecution.
B.
In default of such payment, such person, officer or agent shall be
imprisoned in Delaware County Prison for a period not in excess of
30 days.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
