[Ord. 2011-483, 3/9/2011]
As used in this Part 4, the following terms shall have the meanings indicated:
Any individual, group of individuals, firm, partnership,
association, corporation, company or organization of any kind.
The act of standing upon or patrolling any public street,
sidewalk or any other public place, where persons may lawfully assemble,
by one or more persons to express a grievance, stage a public protest,
or give publicity to or communicate information regarding the existence,
facts or merits of a labor dispute or other controversy.
[Ord. 2011-483, 3/9/2011; as amended by Ord.
2016-528, 10/12/2016; and by Ord. No. 2022-580, 4/13/2022]
No person shall engage in, participate in, aid, form, start,
schedule or conduct any picketing, as defined herein, on any public
street, sidewalk, alley or other public property unless a permit shall
have been obtained from the Borough.
[Ord. 2011-483, 3/9/2011; as amended by Ord.
2016-528, 10/12/2016; and by Ord. No. 2022-580, 4/13/2022]
A person seeking issuance of a picketing permit shall file an
application with the Borough on forms provided by such officer.
A.
Application. An application for a picketing permit shall be filed
with the Borough.
B.
Contents. The application for a picketing permit shall set forth
the following information:
(1)
The name, address and telephone number of the person seeking to conduct
such picketing;
(2)
If the picketing 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 authorized and responsible
heads of such organization;
(3)
If the picketing is proposed to be conducted for, on behalf of, or
by an organization other than the applicant, the applicant for such
permit shall file with the Borough a communication in writing from
the person proposing the picketing, authorizing the applicant to apply
for the permit on his behalf;
(4)
The name, address and telephone number of the individual who will
be responsible for the conduct of the picketing;
(5)
The date when the picketing is to be conducted;
(6)
The location where picketing is desired to be held;
(7)
The approximate number of persons who will constitute such picketing;
(8)
The hours when picketing will start and terminate.
C.
Approval of Application. The Borough Staff has discretion to approve
or deny applications for picketing permits. In considering an application
for a picketing permit, the Borough Staff may not consider the content
of free speech or nature or subject matter of the protest unless otherwise
unlawful. The Borough Staff may consider matters related to the health,
safety and welfare of the general public such as, but not limited
to location of active protests with opposing views to prevent antagonism
between opposing protestors; the size of the group and the location
of the protest; the free flow and safety of pedestrian and vehicular
traffic; the safety of protestors; the closure of streets which requires
advanced application and the availability of public facilities which
may be reserved for use by other groups.
[Ord. 2011-483, 3/9/2011]
A permittee hereunder shall comply with all permit directions
and conditions and with all applicable laws and ordinances. The permittee
or other person leading the picketing shall carry the picketing permit
upon his person during the conduct of the picketing.
[Ord. 2011-483, 3/9/2011]
In shall be unlawful:
A.
To engage in picketing by force, violence, duress, breach of the
peace or threat of any of the foregoing;
B.
To engage in picketing in such a manner as to prevent ingress and
egress to or from any premises;
C.
To engage in picketing in such a manner as to obstruct, prevent or
interfere with the free or unobstructed use of any public street or
sidewalk, parking lot or right-of-way by other persons; or
D.
To engage in picketing other than in a reasonable and peaceful manner.
[Ord. 2011-483, 3/9/2011]
No person intending to cast sound on the public streets or ways
shall use, operate or maintain any loudspeaker, megaphone or other
sound-amplification equipment, apparatus or device which mechanically
or electronically emits such sound, whether such equipment is carried
by hand, mobile (as used in a motor vehicle), affixed to a building,
pole or other fixture, or located on the ground.
[Added by Ord. 2016-528, 10/12/2016[1]]
A permit issued pursuant to this Part shall expire 14 days from
the date of issuance. No picketing shall be allowed following expiration
of the permit unless application is made and approved for renewal
of the permit.
[Ord. 2011-483, 3/9/2011]
This Part shall in no way substitute for nor eliminate the necessity
of complying with any and all federal and state laws, rules and regulations
or Montgomery County and Red Hill Borough ordinances which are now,
or may be in the future, in effect.
[Ord. 2011-483, 3/9/2011]
Any person who or which has violated or permitted the violation
of the provisions of this Part shall immediately cease and desist
all picketing activities as ordered by any Borough official or other
public official with probable cause to believe a violation has occurred.
Upon conviction before the Magisterial District Judge, violators shall
be subject to a penalty of not more than $600 plus costs and, in default
of payment of such fine and costs, to a term of imprisonment not to
exceed 30 days, or both such fine and imprisonment. Each day that
a violation continues may be regarded as a separate offense and punishable
as such.
