[Ord. 2017-11, 7/17/2017]
This Part 2 shall be known and may be cited as the "Public Event
Ordinance of the Borough of Doylestown."
[Ord. 2017-11, 7/17/2017]
As used in this Part, the following terms shall have the meanings
indicated:
The Borough of Doylestown.
The Chief of Police of the Central Bucks Regional Police
Department.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any parade, march, ceremony, show, exhibition, pageant, procession,
meeting, festival, assembly, demonstration or public gathering of
any kind, or any similar display: i) in or upon any public street,
sidewalk, alley, or other public property within the Borough of Doylestown
in which 50 or more persons, acting together or in concert, are engaged;
or ii) in or upon any private property, within the Borough of Doylestown,
in which 250 or more persons, acting together or in concert, are engaged,
where ingress and egress to and from such private property for such
event is provided by means of any public street, sidewalk, alley,
or other public property.
A permit as required by this Part 2.
[Ord. 2017-11, 7/17/2017]
1.
No person shall engage in, participate in, aid, form, start, schedule or conduct any public event, as defined herein, on any public street, sidewalk, alley or other public or private property unless a public event permit shall have been obtained from the Chief of Police, except as provided in Subsection 2.
2.
Exceptions. This Part shall not apply to:
A.
Funeral processions;
B.
Students going to and from school classes or participating in educational
activities, providing such conduct is under the immediate direction
and supervision of the proper school authorities;
C.
Existing or future principal and permanent uses of private property, including accessory uses, which are permitted pursuant to the provisions of the Doylestown Borough Zoning Ordinance (Chapter 27 of this Code); and
D.
Lawful exercises of free speech and right to assemble on sidewalks
or other public property not intended for motor vehicle traffic where
such demonstration does not impede the pedestrian passage of others
and all laws, ordinances, and regulations are obeyed.
E.
Borough-sponsored events that may be approved by Council from time to time, including pedestrian zones. Any public event organized to take place during and in the same location as a Borough-sponsored event are not exempt from this Part and shall still require a permit under Subsection 1.
[Added by Ord. No. 2022-4, 4/18/2022]
[Ord. 2017-11, 7/17/2017]
1.
A person seeking issuance of a public event permit shall file an
application with the Chief of Police on forms provided by such officer.
A.
Filing Period. An application for a public event permit shall be filed with the Chief of Police not less than 30 days before the date on which it is proposed to conduct the public event, except as provided in Subsection 1C.
B.
Contents. The application for a public event permit shall set forth
the following information:
(1)
The name, address and telephone number of the person seeking
to conduct such public event;
(2)
If the public event is proposed to be conducted for, on behalf
of, or by an organization, the name, address and telephone number
of the headquarters of the organization, and of the authorized and
responsible heads of such organization;
(3)
The name, address and telephone number of the person who will
be the public event chairperson and who will be responsible for its
conduct;
(4)
The specific date when the public event is to be conducted as
well as any rain, alternate or other contingent date for such public
event;
(5)
The location at which the public event is desired to be held,
and if applicable, the route to be traveled, including the starting
point and the termination point;
(6)
The approximate number of persons who will be in attendance
at such public event and any animals and vehicles that will be involved,
including the type of animals and description of the vehicles;
(7)
The hours when such public event will start and terminate;
(8)
A statement as to whether the public event will occupy all or
only a portion of the proposed event location, and whether the public
event will occupy all or a portion of the width of the streets, alleys
or sidewalks at the location and, as applicable, for entire route
proposed to be traversed;
(9)
The location by streets of any assembly areas for such public
event;
(10)
The time at which the public event will begin to assemble at
any such assembly area or areas;
(11)
The interval of space to be maintained between any vehicles
or groups of persons involved in any public event traveling on a route,
where applicable;
(12)
If the public event is designed to be held by, or on behalf
of or for, any person other than the applicant, the applicant for
such permit shall file with the Chief of Police a communication in
writing from the person proposing to hold the public event, authorizing
the applicant to apply for the permit on his behalf.
(13)
The anticipated number of automobiles for which parking will
be required, the location of such parking and the names of those who
will act as parking attendants;
(14)
The number and type of all sound amplification devices which
will be used at such public event;
(15)
The number of trash and recycling receptacles and their proposed
locations;
(16)
The number of portable restrooms and their proposed locations;
(17)
Verification of arrangements with emergency services providers,
such as the Doylestown Fire Company and Central Bucks EMS; and
(18)
Any additional information which the Chief of Police shall find
reasonably necessary to a fair determination as to whether a permit
should issue.
C.
Late Applications. The Chief of Police, where unusual circumstances
render it impracticable to make application at the required time,
shall have the authority to consider any application hereunder which
is filed less than 30 days before the date such public event is proposed
to be conducted. This includes but is not limited to public events
planned in response to breaking news.
D.
Fee. No fee shall be required for a public event permit. The applicant
for a public event permit shall, however, be fully liable for and
pay all expenses incurred by the Borough arising out of the preparation
for or the conduct of such public event, regardless of whether such
public event is postponed or cancelled. However, the applicant shall
not be liable for such expenses if the applicant can demonstrate that
the applicant cannot afford them.
E.
Any applicant for a public permit that seeks approval for alcohol
sales, alcohol consumption, or possession of liquor, wine, beer, or
other alcoholic beverages in open containers, must additionally seek
approval of Borough Council.
[Added by Ord. No. 2022-4, 4/18/2022]
[Ord. 2017-11, 7/17/2017; as amended by Ord. No. 2022-4, 4/18/2022]
1.
Except where the approval of Borough Council is required in § 204, Subsection 1E, the Chief of Police shall issue a permit as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, the Chief of Police finds that:
A.
The conduct of the public event will not substantially interrupt
the safe and orderly movement of vehicular and pedestrian traffic
contiguous to its route or location;
B.
The conduct of the public event will not require the diversion of
so great a number of police officers of the Department to properly
police the public event location or route and the areas contiguous
thereto as to prevent normal police protection to the Borough;
C.
Conduct of such public event will not require the diversion of so
great a number of ambulances as to prevent normal ambulance service
to portions of the Borough other than that to be occupied by the proposed
public event location or route and areas contiguous thereto;
D.
The concentration of persons, and, if applicable, animals and vehicles,
at the public event, including any assembly or termination locations
of the public event, will not unduly interfere with proper fire and
police protection of, or ambulance service to, any areas within the
Borough;
E.
Conduct of such public event will not interfere with the movement
of firefighting equipment en route to a fire;
F.
The conduct of the public event is not reasonably likely to cause
injury to persons or property, to provoke disorderly conduct, to create
a disturbance or to result in a violation of any Borough ordinance
or any other applicable law;
G.
The public event will not have any unmitigated adverse impact upon
residential or business access and traffic circulation in the public
event location or along any applicable route;
H.
The public event is not to be held for the purpose of advertising
any product, goods or event, and is not designed to be held primarily
for private profit; and
I.
The applicant for such permit has obtained and produced a policy
of public liability insurance with an insurance company authorized
to conduct business in Pennsylvania, covering the event for which
the permit is requested, and effective for the life of the permit,
in an amount not less than $1,000,000, and naming the Borough of Doylestown
as an insured thereon. This requirement shall not apply where the
applicant can show that an attempt was made to obtain such insurance
coverage but was not successful, or where the applicant cannot afford
cost of such insurance.
2.
Borough Council, in evaluating a permit application under § 204, Subsection 1E, shall consult with the Chief of Police on the factors enumerated in § 204, Subsection 1B. No permit shall be issued unless the applicant has provided proof that all aspects of the event will meet Pennsylvania Liquor Control Board permit requirements.
[Ord. 2017-11, 7/17/2017; as amended by Ord. No. 2022-4, 4/18/2022]
The Chief of Police shall grant or refuse the permit within
five days after the filing of the application. The Chief of Police
shall file the grant or refusal decision, with reasons therefor, with
the Borough Manager, and mail a copy of the decision to the applicant
at the same time. Permits requiring the approval of Borough Council
shall be granted or refused within 45 days of receipt.
[Ord. 2017-11, 7/17/2017]
The Chief of Police, in denying an application for a public
event permit, may authorize the conduct of the public event on a date,
at a time, location, or, if applicable, a route, different from that
named by the applicant. An applicant desiring to accept an alternate
permit shall, within three days after notice of the action of the
Chief of Police, file a written notice of acceptance with the Chief
of Police. An alternate permit shall conform to the requirements of,
and shall have the effect of a public event permit under, this Part
2.
[Ord. 2017-11, 7/17/2017]
[Ord. 2017-11, 7/17/2017]
1.
Each public event permit shall state the following information:
A.
Starting time;
C.
The portions of the streets, sidewalks, alleys or public property
that may be occupied by the public event;
D.
Where applicable, the maximum length of the public event procession
in miles or fractions thereof; and
E.
Such other information as the Chief of Police shall find necessary
to the enforcement of this Part 2.
[Ord. 2017-11, 7/17/2017]
1.
A permittee hereunder shall carry out the public event consistent
with the representations of its application and shall comply with
all permit directions and conditions and with all applicable laws
and ordinances.
A.
Possession of Permit. The public event chairperson or other person
heading or leading such activity shall carry the public event permit
upon his or her person during the conduct of the public event.
B.
Duty to Update. The public event chairperson or other person heading
or leading such activity has an ongoing obligation to notify the Chief
of Police of any substantial, material changes to the public event,
including any changes to any of the information provided in the application
for the public event permit.
C.
All event signs, banners, flyers, or advertisements of any kind shall
be contained within the boundaries of the event location and shall
be removed within 24 hours of the completion of the event. An event
sign not removed in compliance with this section may be removed by
the Borough at the expense of the applicant, to include any costs
to the Borough for removal of the same. If any event sign, banner,
flyer or advertisement becomes a hazard to the public's safety or
welfare due to inclement weather, inadequate maintenance, accidental
damage or any other cause, the Chief of Police may cause the sign's
removal at the sole cost to the applicant.
D.
Permittee shall be responsible for supplying adequate trash and recycling
receptacles and portable restrooms, for arranging for the provisions
of emergency services, and for all post-event cleanup. All post-event
cleanup shall be carried out immediately following the completion
of the event. Any failure to promptly complete post-event cleanup
shall constitute a violation of the permit, and any remaining items
may be removed by the Borough at the expense of the applicant, to
include any costs to the Borough for removal of the same.
[Ord. 2017-11, 7/17/2017]
1.
Interference. No person shall unreasonably hamper, obstruct or impede,
or interfere with any public event or assembly or with any person,
vehicle or animal participating or used in a public event.
2.
Driving Through Public Events. No driver of a vehicle shall drive
between the vehicles or persons comprising a parade, march or other
public event moving through a street when such vehicles or persons
are in motion and are conspicuously designated as a public event.
3.
Parking on Public Event Route. The Chief of Police shall have the
authority, when reasonably necessary, to prohibit or restrict the
parking of vehicles along a highway or part thereof constituting a
part of the location or route of a public event for a period not to
exceed two hours before to one hour after the conclusion of the event.
The Chief of Police shall post signs to such effect, and it shall
be unlawful for any person to park or leave unattended any vehicle
in violation thereof. No person shall be liable for parking on a street
unposted in violation of this Part 2.
[Ord. 2017-11, 7/17/2017; as amended by Ord. No. 2022-4, 4/18/2022]
The Chief of Police, or in the instance of permits issued under
§ 204, Subsection 1E, the Chief of Police or Borough Council,
shall have the authority to revoke a public event permit issued hereunder
whenever, upon consideration of the standards for issuance of the
permit, it becomes apparent that one or more of the material representations
in the application were false or if it becomes apparent that there
is a danger to the public if the public event is permitted to proceed.
[Ord. 2017-11, 7/17/2017]
Any person, firm or corporation who shall violate any provision
of this Part 2 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300, and/or to imprisonment for a term not
to exceed 90 days.
[Ord. 2017-11, 7/17/2017]
The applicant shall have the right to appeal the denial of a
permit. A notice of appeal shall be filed within five days after mailing
or personal delivery of a notice of denial with the Borough Manager
setting the grounds for the appeal. The Borough Council shall act
upon the appeal at the next scheduled meeting following receipt of
the notice of appeal. The decision of Borough Council is final. If
there is insufficient time for a timely appeal to be heard by the
Borough Council prior to the date on which the event is scheduled,
the applicant may, at his or her option, request that the Borough
Manager schedule the appeal before the President of the Borough Council.
The President shall hold a hearing no later than five business days
after filing of the appeal and will render a decision no later than
one business day after hearing the appeal. If the appeal is heard
before the President of Borough Council, the President's decision
is final.
