[HISTORY: Adopted by the Board of Supervisors of the Township
of Maidencreek 6-10-2010 by Ord. No. 225. Amendments noted where
applicable.]
A.Â
This chapter shall be known and may be cited as the "Parade Ordinance
of the Township of Maidencreek."
B.Â
The purpose of the permit system is not to exclude communication
of a particular content but to coordinate multiple uses of limited
space to assure preservation of the street, park and public facilities,
to prevent uses that are dangerous, unlawful, or impermissible and
to assure financial accountability for damage caused by the event.
As used in this chapter, the following terms shall have the
meanings indicated:
The elected Board of Supervisors of the Township of Maidencreek.
The Chief Law Enforcement Officer of the Township of Maidencreek,
or designee, including Northern Berks Regional Police.
Any public display or expression of group feelings toward
a person or cause, or a show of force.
Any parade, march, ceremony, show, exhibition, block party,
carnival, pageant or procession of any kind or any similar display
in or upon any street, park or other public place in the Township;
any gathering in or upon which the streets are occupied for the purpose
of a march, procession or demonstration. Gatherings on sidewalks that
do not block the sidewalk are not parades.
A permit as required by this chapter.
Any individual or group of individuals, firm, partnership,
association, corporation, company or organization of any kind.
A group of individuals moving along in an orderly or disorderly
way in a manner other than for normal pedestrian or vehicular traffic.
A public right-of-way or portion thereof intended for general
public use to provide means of travel for vehicles and pedestrians.
The word "street" shall include the words "street," "avenue," "road,"
"highway," "thoroughfare," "way," "drive," "lane," "court," "cul-de-sac,"
and "alley" but shall not include "driveway" or "sidewalk."
The Township of Maidencreek, Berks County, Pennsylvania,
a municipality.
The Township Manager of the Township of Maidencreek, Berks
County, Pennsylvania, or designee.
No parade shall be conducted by any person upon any street in
the Township of Maidencreek without first obtaining a permit from
the Township through the Township Manager, or designee. No person
shall participate in a parade prior to full compliance with the provisions
of this chapter. The Township Manager shall inform the Board of Supervisors
concerning the granting and issuance of any parade permit. The granting
of a permit shall not constitute an endorsement of the applicant by
the Township of Maidencreek.
Exceptions. This chapter shall not apply to:
A.Â
A person seeking issuance of a parade permit shall file an application
with the Township Manager, or designee, on forms provided by the Township.
B.Â
Filing period. An application for a parade permit shall be filed
with the Township Manager, or designee, not fewer than 28 days in
advance of the proposed parade date. No fee shall be charged for such
permit. Where good cause is shown, the Township Manager, or designee,
shall have the authority to consider any application hereunder which
is filed fewer than 28 days in advance of the proposed parade date.
C.Â
Application contents. The following information shall be included
on said application:
(1)Â
The name, address and telephone number of the person seeking to conduct
such parade and requesting the permit.
(2)Â
If the parade 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 of the authorized and responsible heads of
such organization.
(3)Â
The name, address and telephone number of the person or persons who
will be in charge of and who will be responsible for its conduct;
a concise statement of the purpose of the parade.
(4)Â
The date when the parade is to be conducted and the hours when such
parade will start and terminate.
(5)Â
The route to be traveled, the starting point and the termination
point, including a map depicting the course of the parade or the location
of the parade.
(6)Â
A statement as to whether the parade will occupy all or only a portion
of the width of the streets or public land proposed to be traveled.
(7)Â
The location, by streets, of any assembly (formation and disbanding)
areas for such parade, including time at which units of the parade
will begin to assemble; if the assembly area is on private property,
the name, address and telephone number of the property owner and/or
a letter of permission for assembly.
(8)Â
The approximate size and length of the parade, including the approximate
number of persons and vehicles in the parade, including the number
and types of animals (if any).
(9)Â
Any additional information which the Township Manager shall find
reasonably necessary in order to make a fair determination as to whether
a permit should be issued.
No permit issued hereunder shall authorize or excuse any breach
of the law or any trespass upon the rights of others or render the
Township of Maidencreek liable for any damage committed or caused.
There is no fee for the permit. However, a person sponsoring
a parade will be informed prior to the issuance of a permit that if
the cost of directing traffic for the event exceeds $300, the person
will be personally responsible for all costs exceeding $300. Direct
costs incurred by the Township to control traffic as a result of a
parade shall be borne by the applicant. Costs shall be limited to
direct out-of-pocket expenses, plus a 20% markup, incurred by the
Township, such as, but not limited to, wages paid to Township employees
or police officers. No permit shall be issued until all costs for
prior parade permits issued to the applicant shall have been paid
in full.
A.Â
Each person filing an application for a parade permit shall provide
the Township with a certificate of insurance evidencing that said
person maintains insurance which will protect that person and the
Township of Maidencreek from claims for damages for personal injury,
including accidental death, as well as claims for property damages
which may arise from the conduct of the parade. Excluded from any
claim for damages will be damages related to persons objecting to
the content of the proposed or actual message of the applicant. The
amounts of such insurance shall be as follows: public liability insurance
in an amount of not less than $1,000,000 for injuries, including accidental
death, to any one person and property damage insurance in an amount
of not less than $1,000,000. The certificate of insurance shall name
the Township of Maidencreek as an additional insured and shall be
provided by an insurance company authorized to do business in the
Commonwealth of Pennsylvania and acceptable to the Township.
B.Â
NOTE: No parade permit will be issued prior to the receipt of a certificate
of insurance that complies with this section.
A.Â
The Township Manager, or designee, shall have the authority to designate
an alternate date, time, duration or course for any parade upon any
street or public area for which a permit is requested. This authority
shall be exercised to accommodate competing demands on the use of
public streets. In addition, the Township Manager may adopt any reasonable
conditions to better protect the public and ensure compliance with
this chapter. Any time, place, and manner limitations must not be
based on the content of the message, must be narrowly tailored to
serve a significant governmental interest, and must leave open ample
alternatives for communication.
B.Â
The Chief of Police, or designee, shall have the authority to determine
the necessary personnel, supplies and equipment for any parade. Acceptance
of the permit by the applicant shall constitute acceptance of all
permit conditions. NOTE: The Township is not required to close streets
for security (i.e., protection of the applicant or the parade members
related to their actual or proposed message) purposes and is not required
to provide police for security purposes at parades.
A.Â
A permit shall be denied if:
(1)Â
The application for the permit (including any required attachments
and submissions) is not fully completed and executed);
(2)Â
The applicant has not tendered the required insurance certificate;
(3)Â
The application for the permit contains a material falsehood or misrepresentation;
(4)Â
The applicant is legally incompetent to contract or to sue and be
sued;
(5)Â
The applicant or the person on whose behalf the application for the
permit was made has on prior occasions damaged Township property and
has not paid in full for such damage or has other outstanding and
unpaid debts to the Township;
(6)Â
A fully executed prior application for a permit for the same time
and place has been received, and a permit has been or will be granted
to a prior applicant authorizing uses or activities which do not reasonably
permit multiple occupancy at the proposed location of the parade,
or part thereof;
(7)Â
The use or activity intended by the applicant would conflict with
previously planned programs organized and conducted by the Township
and previously scheduled for the same time and place;
(8)Â
The proposed use or activity is prohibited by or inconsistent with
the classifications and uses of any street, park or other public place
in the Township, or part thereof;
(9)Â
The use or activity intended by the applicant would present an unreasonable
danger to the health or safety of the applicant, or other users of
any street, park or other public place in the Township, of Township
employees or of the public;
(10)Â
The applicant has not complied or cannot comply with applicable
requirements, ordinances or regulations of the Township concerning
the sale or offering for sale of any goods or services;
(11)Â
The use or activity intended by the applicant is prohibited
by law, by this chapter and ordinances of the Township, or by the
regulations of the Recreation Department.
B.Â
If a permit is denied, then the denial shall clearly explain the
reason for the denial and what, if anything, must be done to correct
the reason for the denial.
C.Â
The Chief of Police, or designee, shall have the authority to withdraw
permission to conduct the event if he or she feels that due to severe
adverse weather and/or traffic conditions, the event would be unsafe.
D.Â
The Township Manager or Chief of Police, or their designees, may
at any time revoke any permit if there shall have been committed any
breach of the terms and conditions under which the same was issued
or a violation of the terms of this chapter upon giving notice of
such revocation to the person to whom the permit was issued. From
the time of such notice of revocation, any act done under color of
such permit shall subject the person doing or allowing it to be done
to the same penalty as if he or she had done such act without such
permit, unless such revocation is disapproved as hereinafter provided.
If a permit is revoked, then the revocation shall clearly explain
the reason for the revocation and what, if anything, must be done
to correct the reason for the revocation.
Any person aggrieved shall have the right to appeal the denial
or revocation of a parade permit to the Township Manager, or designee.
The appeal shall be taken by sending a letter to the Township Manager
requesting that the Township Manager hear an appeal of the decision
to deny a parade permit. The letter must be sent by certified mail
or hand-delivered to the office of the Township Manager of the Township
of Maidencreek at 1 Quarry Road, Blandon, Berks County, Pennsylvania,
19510, and must be received by the Township Manager within 10 days
from the date on which the applicant received notice of the denial
of the application for a parade permit. The Township Manager must
render a decision on said appeal, in writing, within 10 days of receipt
of the appeal. If the applicant is not satisfied with the Township
Manager's decision, then he or she may appeal to the Court of
Common Pleas of Berks County within 30 days of the Township Manager's
written decision.
The Township Manager, provided that the other requirements of
this chapter are met, shall issue a permit as provided for hereunder
when, from a consideration of the application and from such other
information as may otherwise be obtained, it is determined that:
A.Â
The conduct of the parade will not so substantially interrupt the
safe and orderly movement of traffic within the Township on and contiguous
to the proposed route so as to create a real and present danger to
the health, safety and welfare of the residents of the Township.
B.Â
The conduct of the parade will not create a real and present danger
to the health, safety and welfare of the citizens of the Township
by preventing fire-fighting equipment, ambulances, rescue vehicles
and/or police vehicles from being able to reach any property in the
Township.
C.Â
The conduct of such parade will not require the diversion of so great
a number of ambulances as to prevent normal ambulance service to portions
of the Township other than that to be occupied by the proposed line
of march and areas contiguous thereto.
D.Â
The concentration of persons, animals and vehicles at assembly points
of the parade will not unduly interfere with proper fire and police
protection of or ambulance services to areas contiguous to such assembly
areas.
E.Â
The conduct of such parade will not interfere with the movement of
fire-fighting equipment en route to a fire.
F.Â
The conduct of the parade is not reasonably likely to cause injury
to person or property, to provoke disorderly conduct or to create
a disturbance. This excludes content of message.
G.Â
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route.
H.Â
The parade is not designed to be held primarily for private profit.
Any person, association, organization, firm or corporation who
or which shall violate any provision of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $300 and costs
of prosecution and, in default of payment of such fine and costs,
to imprisonment for not more than 30 days.
