As used in this chapter, the following terms shall have the
meanings indicated:
CHIEF OF POLICE
The Chief Law Enforcement Officer of the Township of Maidencreek,
or designee, including Northern Berks Regional Police.
DEMONSTRATION
Any public display or expression of group feelings toward
a person or cause, or a show of force.
PARADE
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.
PERSON
Any individual or group of individuals, firm, partnership,
association, corporation, company or organization of any kind.
PROCESSION
A group of individuals moving along in an orderly or disorderly
way in a manner other than for normal pedestrian or vehicular traffic.
STREET
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."
TOWNSHIP
The Township of Maidencreek, Berks County, Pennsylvania,
a municipality.
TOWNSHIP MANAGER
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:
C. Parades sponsored by the Township of Maidencreek.
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.
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. 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. 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. 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. 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. The conduct of such parade will not interfere with the movement of
fire-fighting equipment en route to a fire.
F. 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. The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route.
H. 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.