[HISTORY: Adopted by the Board of Commissioners of the Township
of Spring Garden 5-9-2012 by Ord.
No. 2012-11. Amendments noted where applicable.]
Freedom of speech and association are among those precious rights guaranteed and protected by the United States and Pennsylvania Constitutions. The law gives the Township the ability to balance those rights with its interests in protecting its citizens and preserving Township and public property. As a municipal government, the Township may enact content-neutral restrictions on the time, place, and manner of such expression in order to promote such significant government interests. The purpose of this chapter is to set forth the circumstances under which the Township will regulate First Amendment activity. The Township also has an interest in regulating activity not protected by the First Amendment to ensure that Township resources are deployed effectively and proposed events are appropriately scheduled. This chapter is also intended to address such events. This chapter is not intended to control the permitting of picnic pavilions, ballfields, and park facilities, which are addressed in Chapter 220.
As used in this chapter, certain terms are defined as follows:
The person or group sponsoring or organizing an event and
applying for an event permit required under this chapter.
An event involving sports, games, or exercises, which is
reasonably anticipated to obstruct the normal flow of traffic on a
public property or otherwise limit public access to public property.
Examples include, but are not limited to: marathons, charity walks,
5-k and 10-k races, etc.
An annual one-day outdoor public event organized by the residents
of a neighborhood and held upon a Township right-of-way for social
or entertainment purposes, which is supported by a majority of those
property owners abutting the Township right-of-way upon which such
block party is to be held. Such support shall be evidenced on a form
provided by the Township requiring the signatures of abutting homeowners.
A block party can only be held between the hours of 10:00 a.m. and
9:30 p.m.
The Board of Commissioners of Spring Garden Township, York
County, Pennsylvania.
Normal Township work hours occurring Monday through Friday,
excluding holidays.
The Chief of Police, or duly authorized designee, of Spring
Garden Township, York County, Pennsylvania.
An annual one-day community or neighborhood event organized
for the purpose of celebrating community arts, recreation or culture
or to commemorate a holiday, seasonal, or special day to the community.
Administrative and departmental costs charged by the Township
to an applicant in conjunction with an event permitted under this
chapter.
Any written authorization issued as required by this chapter
that authorizes the performance of a specified act or acts on a street
or other Township property.
The Chief of the York Area United Fire and Rescue, York County,
Pennsylvania.
The York Area United Fire and Rescue, York County, Pennsylvania.
Includes all expressive and associative activity that is
protected by the United States and Pennsylvania Constitutions, including
speech, press, assembly, and/or the right to petition. For purposes
of this chapter, commercial advertising that is regulated by the Zoning
Ordinance[1] or elsewhere in this Code of Ordinances is excluded from
this definition.
The Manager, or duly authorized designee, of Spring Garden
Township, York County, Pennsylvania.
A march, procession, organized movement, or motorcade, consisting
of persons, vehicles, or a combination thereof, that:
Is held with an intent to attract attention;
Takes place upon streets within the Township or on streets within
a Township park; and
Interferes or has a tendency to interfere with the normal flow
or regulation of pedestrian or vehicular traffic or does not comply
with normal and usual traffic regulations or controls.
A shelter located within a Township park.
"Participant" in an event refers to those individuals, including
but not limited to the applicant, who take part in the activities
of the event by invitation of the applicant.
Any person, firm, partnership, association, corporation,
society, company, or organization of any kind.
The Spring Garden Township Police Department.
A group activity, including but not limited to a demonstration,
march, meeting, parade, protest, rally, or vigil, which involves the
expression of opinions or grievances of persons for a common purpose
as a result of prior planning and which interferes or has a tendency
to interfere with the normal flow or regulation of pedestrian or vehicular
traffic upon the streets, parks, sidewalks, or other public grounds
within the Township or does not comply with normal and usual traffic
regulations or controls; or which occupies any public area open to
the general public to the exclusion of others.
Those services provided by the Police Department, York Area
United Fire and Rescue and/or Emergency Medical Services.
The Director of Parks and Recreation for Spring Garden Township,
York County, Pennsylvania.
Any area or way set aside or open to the general public for
the purpose of pedestrian traffic, whether or not it is paved.
A special event shall include but not be limited to a parade,
public assembly, performance, meeting, contest, exhibit, athletic
competition or presentation, community event, block party, or ceremony,
which event is to be held wholly or partially on property owned or
maintained by the Township, which is:
Designated by the Township for First Amendment activity; or
In a traditional public forum; on a street or sidewalk located
within the Township and will likely result in the obstruction of such
streets or sidewalks or will likely compromise the ability of the
Township to respond to a public safety emergency; or on any other
property, but requires for its successful execution the provision
and coordination of Township services to a degree over and above that
which the Township routinely provides.
The definition of "special event" is not intended to include:
An activity held solely on private property and which does not
otherwise require for its successful execution the provision and coordination
of Township services to a degree equal to and/or over and above that
which the Township routinely provides;
Programmed activities provided or managed by the Township, i.e.,
recreational and senior programs;
Any event that would otherwise fall within the definition of a "special event" held in a Township park but which involves fewer than 25 people at the same time within a circumscribed one-hundred-foot radius and does not interfere with regular use of the park by the general public (but the provisions of Chapter 220, governing parks, may still apply);
First Amendment activity on Township streets or sidewalks (including
those in parks) that will not likely result in the obstruction of
Township streets or sidewalks nor compromise the ability of the Township
to respond to a public safety emergency; or
Permitting of sports fields, sports facilities, or park pavilions, recreation and/or senior centers, or usages otherwise governed by Chapter 220, governing parks, of the Code or any regulation(s) promulgated thereunder.
Township-owned facilities associated with sports activities,
including but not limited to ice skating rinks, concession stands,
pools and pool houses.
Township-owned and or permitted fields for the purpose of
playing baseball, football, soccer or other sports.
Any paved or unpaved road, thoroughfare, avenue, boulevard,
parkway, drive, or other public way set aside or open for purposes
of vehicular traffic, including any berm, shoulder or median strip
thereof.
The Spring Garden Township, York County, Pennsylvania.
A.
No person
shall conduct any special event, as defined herein, unless an event
permit is issued pursuant to this chapter.
B.
No person
shall be required to obtain an event permit from the Township to engage
in First Amendment activity on streets or sidewalks unless such activity
will likely result in the obstruction of Township streets and/or sidewalks
or will likely compromise the ability of the Township to respond to
a public safety emergency.
C.
In the event that a person determines that his/her activity is not a special event but still wishes to obtain an event permit for an event to be held on Township property, such person shall follow the special event permit application regulations set forth in § 262-4 of this chapter.
D.
If a person holds a special event without a permit as required hereunder, the persons participating shall be required to disperse once the Police Department directs them to do so. If a person involved in the activity believes that a permit is not required, he or she may take an immediate appeal as set forth in the regulations required pursuant to § 262-4.
The Board of Commissioners shall issue or cause appropriate
departments to issue regulations for the issuance of special event
permits. Such regulations must at minimum meet the following criteria:
A.
First Amendment
activity.
(1)
Permits
for First Amendment activity:
(a)
Shall be issued on a content-neutral basis to the extent required
by law;
(b)
Shall be evaluated no later than three business days from the receipt
of a completed permit application where such First Amendment activity
is intended to respond to current events and depends for its value
on a timely response;
[Amended 5-8-2019 by Ord. No.
2019-01]
(c)
Shall contain only such restrictions on time, place, and manner that
are reasonably related to the Township’s significant interests;
and
(d)
Shall be issued for an application fee that reflects the cost of
evaluation and scheduling the event.
(2)
No
permit application fee shall be assessed for First Amendment activity
on the portico of the Township’s administration building(s).
B.
Permits
for other special events.
(1)
Permits
for all other special events (including First Amendment activity not
responding to current events):
(a)
Shall be issued for an application fee that reflects the cost of
evaluating and scheduling the event;
(b)
Shall be submitted to the Township at least 30 business days
and not more than 180 business days before the date and time at which
the event is proposed to commence; and
[Amended 5-8-2019 by Ord. No.
2019-01]
(c)
Shall be evaluated within 14 business days from the receipt
by the Township of a completed permit application or as otherwise
set forth in the administrative regulations that shall be promulgated
to implement this chapter.
[Amended 5-8-2019 by Ord. No.
2019-01]
(2)
For
events requested at least 45 days ahead, the Recreation Director reserves
the right to respond within 14 business days but no later than 20
days prior to the requested date for the event.
C.
All permit fees (both permit application fees and cost recovery fees, as defined herein and further explained in § 262-6), shall be adopted from time to time by resolution of the Board, which resolution shall be available in hard copy form via request to the Township and on the Township’s internet site at www.springgardentwp.org/.
A.
The Township shall require the payment of cost recovery fees for the cost of providing the services of public safety and public works for special events as set forth in written regulations and § 262-6B and C herein but only if such costs reflect actual costs or a percentage thereof and do not include costs associated with protecting First Amendment activity from actual or threatened harm. All sponsors of special events shall work in good faith with the Township to achieve the least expensive alternative available consistent with the purpose of the proposed special event.
B.
Unless the special event falls within Subsection D herein, sponsors of special events shall all be required to pay all or an equally applied percentage of full cost recovery for Township services pursuant to promulgated regulations. Any such fees shall be approved from time to time by resolution of the Board of the Commissioners.
C.
In the event that a sponsor of a First Amendment activity can evidence indigency, no application fee or cost recovery charges or costs under Subsections D and E below shall be assessed. To evidence indigency, the sponsor of a special event shall submit a notarized affidavit certifying that:
(1)
The
costs to be imposed exceed the available resources of the sponsor/organization
and the sponsor/organization does not reasonably foresee such funds
becoming available within a reasonable period after the event; and
(2)
The
sponsor is not charging participation fees or other admittance fees
to the general public for the special event and has no other sponsor
that is underwriting costs.
D.
In addition
to costs otherwise set forth in this chapter or in the regulations,
the Township shall also charge special event sponsors for all services
specifically requested in writing by such sponsor, including but not
limited to requests for public safety or public works personnel and/or
for the use of Township equipment.
E.
Where the
presence of emergency medical services is necessary, requested or
utilized, the Chief of Police, in consultation with the Fire Chief,
shall have full authority to require an event sponsor to employ such
number of uniformed paramedics as may be designated by the Chief of
Police.
F.
All sponsors
of special events and the Township shall work in good faith to obtain
an estimate of the total cost recovery amount at least 10 days before
the special event is to begin. Payment in full of this estimated cost
recovery amount must be made to the Township at least four days before
the special event is to begin, or the permit will not be issued or
will be revoked if already issued. No more than 60 days after the
conclusion of the special event, the Township shall issue an invoice
or a refund for the difference between the estimate and the actual
cost recovery.
Special event sponsors are prohibited from making direct payments
to Township employees for public safety, public works or other Township
services. All Township employees shall instead receive compensation
through the Township payroll for any assistance with special events.
The Manager and/or Chief of Police and/or Fire Chief shall have
the authority to revoke an event permit instantly upon violation of
the conditions or standards for issuance as set forth in this chapter.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this chapter.
