[Ord. 1389-11, 3/14/2011]
1.
There is a need for the Borough Council of the Borough of Gettysburg
to ensure the public health, safety, and welfare through the regulation
of special events. Special events on public property (and some on
private property) which involve the gathering of persons and vehicles
and the movement of the same within the Borough of Gettysburg may
create hazardous conditions, including but not limited to excessive
vehicular and pedestrian traffic on public streets, alleys and sidewalks,
the failure to have proper solid waste disposal, recycling, sanitation
and sewage disposal facilities, excessive noise, disorderly conduct
and other illegal conduct or acts, all of which constitute a direct
threat to public health. Special events on public property (and some
on private property) may require the support of public services in
the form of extra police protection, traffic and crowd control, solid
waste disposal and recycling, janitorial, general custodial services
and street cleaning following the event, and such other public services
provided by the Borough of Gettysburg.
2.
It is the policy of the Borough of Gettysburg not to subject its
taxpayers to payment of costs and expenses associated with any special
event not sponsored by the Borough. Therefore, direct costs and expenses
incurred by the Borough to control traffic or crowds or to provide
other additional public services to accommodate the conduct of a special
event shall be borne by the sponsor of such event. However, inability
of a sponsor of a First Amendment activity to pay costs and expenses
shall not result in a denial of a special events permit.
[Ord. 1389-11, 3/14/2011]
For the purpose of this Part 9, the following terms shall have
the meanings indicated:
A gathering of 30 or more persons without vehicles, and/or
any ceremony, show, exhibition or pageant which obstructs the movement
of pedestrian or vehicular traffic on any street or sidewalk.
The Borough of Gettysburg, Adams County, Pennsylvania.
The Council of the Borough of Gettysburg, Adams County, Pennsylvania.
The Manager of the Borough of Gettysburg, Adams County, Pennsylvania.
The Chief of Police of the Borough of Gettysburg, Adams 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 Part, commercial advertising is excluded from this definition.
The Mayor of the Borough of Gettysburg, Adams County, Pennsylvania.
To block, close up, impede or hinder passage.
An assemblage, procession, organized movement, or motorcade
consisting of persons, vehicles, or a combination thereof that:
The Commonwealth of Pennsylvania, Department of Transportation.
Includes but is not limited to an individual, unincorporated
association, partnership, firm, corporation, limited liability company,
joint venture, or other legal entity whatsoever or coordinator or
spokesperson for any of the above.
The Police Department of the Borough of Gettysburg, Adams
County, Pennsylvania.
Movement of pedestrian or vehicular traffic along a public
street or alley in an orderly, formal manner, such as but not limited
to a parade.
All assemblies of persons gathered for the purpose of public
entertainment; display, amusement, demonstration or recreation.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place owned by or under the control of a government entity.
Includes but is not limited to police, traffic and crowd
control, solid waste disposal and recycling, janitorial, custodial
and street cleaning, and fire and emergency medical services.
Property owned by or under the control of a government entity.
The recreational facilities owned and operated by the Borough
of Gettysburg and located at 545 Long Lane.
Includes but is not limited to an assemblage, procession,
parade, public gathering, athletic competition, race, reenactment
or spontaneously planned event, which is held:
A permit issued by and on behalf of the Borough of Gettysburg
for the conduct of a special event pursuant to this Part.
An individual, unincorporated association, partnership, firm,
corporation, limited liability company, joint venture, or other legal
entity whatsoever, who initiates, organizes, promotes, permits, conducts,
or causes to be advertised a special event.
A special event that is organized in response to sudden and
unexpected current events and is thus time sensitive, requiring expedited
processing. Examples of spontaneously planned events include but are
not limited to a march or rally that is timed to coincide with recent
or future political or other announcements, decisions, determinations,
actions, or declarations by government officials.
A highway or bridge on the system of highways and bridges
over which the Commonwealth of Pennsylvania, Department of Transportation,
has assumed or has been legislatively given jurisdiction.
[Ord. 1389-11, 3/14/2011]
1.
It shall be unlawful for any person to hold or participate in any
special event unless the person(s) organizing or conducting the special
event first obtains a permit for the conduct of the same from the
Borough. A special event permit issued by the Borough may not be assigned
to another sponsor, person or organization.
A.
The following shall not be considered as special events for which
a permit must be obtained from the Borough:
(1)
Funeral processions.
(2)
Wedding processions.
(3)
Military convoys.
(4)
Students going to and from school, classes or participating
in educational activities, provided that such conduct is under the
immediate direction and supervision of the proper school authorities.
This exception does not apply to processions organized by a school
or anybody thereof more than 24 hours prior to the occurrence.
(5)
A governmental agency acting within the scope of its functions.
(6)
Use of the Rec Park ballfields, pavilions, and facilities addressed
by existing registration and rental requirements that will not likely
result in the obstruction of public streets or sidewalks or compromise
the ability of the Borough to respond to a public safety emergency.
(7)
Unplanned celebratory events such as an unplanned celebration
following a school athletic competition.
B.
A person seeking issuance of a special event permit shall file an
application on forms to be provided by the Borough.
1.
No Closure of State-Designated Highway.
A.
The application must be filled out completely and signed and dated
by the applicant. If the special event is sponsored or produced by
an entity, organization or association, a person legally authorized
to bind the entity, organization or association must also sign the
application. The application must contain the following information:
(1)
The name, address, e-mail address, daytime telephone number,
and fax number, if available, of the applicant.
(2)
The name of the person who will be in charge of the special
event on site.
(3)
The name, address, e-mail address, daytime telephone number,
and fax number, if available, of the sponsor.
(4)
The name, address, e-mail address, daytime telephone number,
and signature of the property owner if the special event is to be
held on private property.
(5)
The purpose of the proposed special event and whether the special
event includes a First Amendment activity or activities.
(6)
The date, time, duration, and location of the proposed special
event (including all setup and disassembly time). If the special event
is not held as specified in the application because of unforeseen
and uncontrollable circumstances, the applicant may request approval
for a new date, time and/or location for the special event from the
Borough without the necessity of completing a new application.
(7)
An estimate of the approximate number of persons who are reasonably
expected to attend the special event. Where there is a dispute relative
to the number of expected attendees, the Borough may rely on outside
information, including available statistics from similar special events,
to estimate attendance.
(8)
If the special event will include a march, procession, parade
or race, a detailed description of the proposed mute of the march,
procession, parade or race (with assembling, starting, and ending
points) and the proposed starting and ending times for the march,
procession, parade or race.
(9)
A listing of any equipment, motor vehicles, floats or facilities
which are owned by the applicant or special event sponsor that are
expected to be used in connection with the special event.
(10)
Specific details relating to:
(a)
Transportation and parking facilities;
(b)
Food, beverages and the providers thereof;
(c)
Sanitary facilities;
(d)
Security requirements for the control of traffic and persons
attending the special event;
(f)
Janitorial and custodial services and postgathering trash removal
and site restoration.
(11)
Whether the special event is a spontaneously planned event that
has been planned in response to a specific occurrence and, if so,
a brief description of such occurrence.
(12)
A certification that the applicant and special event sponsor
will comply with all governmental rules and regulations applicable
to the special event.
(13)
If the sponsoring organization already has liability insurance
and coverage for the applied-for special event is reasonably available,
the organization shall submit, prior to the special event, a certificate
of insurance evidencing such liability insurance coverage naming the
Borough as an additional insured. However, in no event shall the sponsoring
organization's lack of liability insurance be a basis to deny
a permit for a First Amendment activity.
B.
After submission of an application, the applicant must immediately
provide the Borough with any information that will amend, supplement
or change any of the information originally provided in the application.
2.
Closure of State-Designated Highway. In addition to the requirements outlined in Subsection 1 above, where a special event will require closure or partial closure of a state-designated highway, the application must be submitted with the following information consistent with Title 67 of the Pennsylvania Administrative Code, Subchapter H, Special Events, Section 212.701, regulating processions, assemblages and special activities:
A.
A fully executed race/parade permit and indemnification agreement
form designated by PennDOT and available from the Borough.
B.
A map of the proposed route of a procession, parade, race or other
special event requiring closure or partial closure of a state-designated
highway (to be attached as Exhibit A to the race/parade permit and
indemnification agreement).
C.
A certificate of insurance listing (in addition to the Borough) the
Commonwealth of Pennsylvania, Department of Transportation, as a certificate
holder and additional insured (to be attached as Exhibit B to the
race/parade permit and indemnification agreement).
[Ord. 1389-11, 3/14/2011]
1.
No Closure of State-Designated Highway.
A.
The application for a permit must be submitted to the Borough at
least 30 days prior to the proposed date and time of the special event.
The Borough may, for good cause shown, authorize permits filed fewer
than 30 days in advance where doing so will not significantly disrupt
Borough business.
B.
An application for a spontaneously planned event shall be filed as
far in advance as possible, but not fewer than 48 hours before the
event.
C.
An application shall be deemed submitted on the date it is received
by the Borough or, if received on a holiday or after normal business
hours, on the next business day of the Borough.
D.
The Borough may request additional information if it is reasonably
necessary to determine whether the proposed special event is reasonably
feasible without undue obstruction of traffic or undue risk to health
or safety and is reasonably necessary in the planning for such special
event.
2.
Closure of State-Designated Highway. An application for a permit
for a special event which requests the closure or partial closure
of any state-designated highway must be submitted to the Borough at
least 90 days prior to the proposed date and time of the special event
in order to allow the Borough to provide the required notice to PennDOT
for the approval of that agency for the closure or partial closure
of such state-designate highway.
[Ord. 1389-11, 3/14/2011]
The Borough shall issue a permit as provided for hereunder,
from a consideration of the application and from such other information
as may otherwise be obtained, unless it finds that:
A.
The conduct of the special event will so substantially interrupt
the safe and orderly movement of traffic within the Borough on and
contiguous to the proposed special event site so as to create a real
and present danger to the health, safety and welfare of the residents
of the Borough.
B.
The conduct of the special event is reasonably likely to cause injury
to persons or property.
C.
The special event is likely to cause unreasonable delays in traffic
for an unreasonable period of time.
D.
The information contained in the application is found to be false
in any material detail.
E.
The applicant refuses to agree to abide by or to comply with all
conditions of the permit.
[Ord. 1389-11, 3/14/2011]
1.
Except for spontaneously planned events and special events requesting the closure or partial closure of any state-designated highway, the Borough shall act upon the permit application and notify the applicant within 10 business days after the filing thereof. If the Borough disapproves the application, it shall, within 10 business days after the day upon which the application was filed, telephone the applicant at the number listed on the application and shall further mail to the applicant, by certified mail, a notice of its action, stating with specificity the reason for the denial of the permit. Said notice shall also advise the applicant of his, her or its right to file an appeal and shall also advise him, her or it of the procedure for filing an appeal. For spontaneously planned events, the Borough shall respond within 12 hours. For special events requiring the closure or partial closure of any state-designated highway, the Borough may approve the issuance of a permit conditioned upon the receipt of subsequent approval from PennDOT pursuant to Subsection 3 of this section.
2.
Where the Borough shall find that the application for issuance of
a permit for a special event on the date, at the time or over the
route requested by the applicant must be denied, it may, in addition
to advising the applicant of the denial of the application, also suggest
to the applicant an alternative date, time or route for the issuance
of a permit by the Borough.
3.
Conditional Approval. The Borough may issue a conditional approval
for the issuance of a permit for the conduct of a special event subject
to the applicant satisfying all requirements and conditions set forth
in writing and sent to the applicant.
[Ord. 1389-11, 3/14/2011]
Any special event permit may be revoked by the Borough where
an emergency situation exists or where the health, safety and welfare
of the public or of public or private property requires such revocation.
[Ord. 1389-11, 3/14/2011]
Each permit shall state the following information:
[Ord. 1389-11, 3/14/2011]
1.
The permittee shall comply with all sections of the Pennsylvania
Crimes Code, the Pennsylvania Motor Vehicle Code, the Gettysburg Borough
ordinances, the rules and regulations for the Rec Park, and any other
applicable laws.
2.
The permittee shall comply with all permit directions, restrictions
and conditions made a part of the permit by the Borough or by PennDOT,
if applicable.
3.
The permittee shall comply with all terms, conditions and requirements
of its liability insurance policy and its insurance carrier if liability
insurance is in effect at the time of the special event.
4.
The person in charge on site of the special event shall carry the
permit upon his or her person during the conduct of the event.
5.
The permittee shall ensure that all signs, postings, structures,
any other temporarily placed items, and any debris or solid waste,
trash, or droppings used or deposited by the participants during the
special event are removed and properly disposed of at the conclusion
of the event.
[Ord. 1389-11, 3/14/2011]
No special event permit shall be issued until the applicant
pays a reasonable fee, which shall be for the use of the Borough,
in an amount to be established from time to time by resolution of
the Borough Council. The amount of such fee shall reflect as closely
as possible the actual costs to the Borough of processing the permit
and the recovery of costs to the Borough in providing public services
for the special event. An applicant for a First Amendment activity
who is unable, due to indigency, to pay the fee, may seek a waiver
by submitting an affidavit attesting to the sponsor's inability
to afford the fee and proof of indigency.
[Ord. 1389-11, 3/14/2011]
1.
Interference. No person shall unreasonably hamper, obstruct or impede
or interfere with any person, vehicle or animal participating or used
in a special event.
2.
Parking on Procession Route. The Borough 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 a
route of a procession, parade, race or other special event. The Police
Department shall post signs restricting parking, and it shall be unlawful
for any person to park or leave unattended any vehicle in violation
thereof.
3.
No special event (with the exception of a Borough-sponsored New Year's
Eve event) using sound amplification equipment shall be permitted
between the hours of 11:00 p.m. and 7:00 a.m., prevailing time.
[Ord. 1389-11, 3/14/2011]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not more than $600 plus costs. Each day that a violation of this
Part continues shall constitute a separate offense.
