[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:
ASSEMBLAGE
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.
BOROUGH
The Borough of Gettysburg, Adams County, Pennsylvania.
BOROUGH COUNCIL
The Council of the Borough of Gettysburg, Adams County, Pennsylvania.
BOROUGH MANAGER
The Manager of the Borough of Gettysburg, Adams County, Pennsylvania.
CHIEF OF POLICE
The Chief of Police of the Borough of Gettysburg, Adams County,
Pennsylvania.
FIRST AMENDMENT ACTIVITY
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.
MAYOR
The Mayor of the Borough of Gettysburg, Adams County, Pennsylvania.
OBSTRUCT
To block, close up, impede or hinder passage.
PARADE
An assemblage, procession, organized movement, or motorcade
consisting of persons, vehicles, or a combination thereof that:
A.
Is held with an intent to attract attention;
B.
Takes place upon a public street or alley; and
C.
Obstructs or has a tendency to obstruct the normal flow or regulation
of pedestrian or vehicle traffic or does not comply with normal and
usual traffic regulations or controls.
PennDOT
The Commonwealth of Pennsylvania, Department of Transportation.
PERSON
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.
POLICE DEPARTMENT
The Police Department of the Borough of Gettysburg, Adams
County, Pennsylvania.
PROCESSION
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.
PUBLIC GATHERING
All assemblies of persons gathered for the purpose of public
entertainment; display, amusement, demonstration or recreation.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place owned by or under the control of a government entity.
PUBLIC SERVICES
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.
PUBLIC SPACE
Property owned by or under the control of a government entity.
REC PARK
The recreational facilities owned and operated by the Borough
of Gettysburg and located at 545 Long Lane.
SPECIAL EVENT
Includes but is not limited to an assemblage, procession,
parade, public gathering, athletic competition, race, reenactment
or spontaneously planned event, which is held:
A.
On a public street, sidewalk, or recreational facility; or
B.
On any other property, but which requires coordination of public
services to a degree over and above that which the Borough of Gettysburg
routinely provides.
SPECIAL EVENT PERMIT
A permit issued by and on behalf of the Borough of Gettysburg
for the conduct of a special event pursuant to this Part.
SPONSOR
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.
SPONTANEOUSLY PLANNED 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.
STATE-DESIGNATED HIGHWAY
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:
(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.
(8)
Guided walking tours which are regulated by Borough Ordinance No. 1349-08 (Chapter
13, Part
10, of the Code of Ordinances of the Borough of Gettysburg) and any amendments thereto.
B. A person seeking issuance of a special event permit shall file an
application on forms to be provided by the Borough.
[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:
A. The starting and ending time of the special event.
B. The portions of any public right-of-way that may be traveled or occupied
in the conduct of the special event.
C. The duties of the permittee as outlined in §
6-910 hereof.
D. Any additional information deemed necessary by the Borough or as
required by PennDOT, if applicable.
[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.
6. The permittee shall collect and remove all recyclable materials and dispose of the same consistent with Borough Ordinance No. 1240-00, as amended by Borough Ordinance No. 1357-08 (Chapter
20, Part
2, of the Code of Ordinances of the Borough of Gettysburg) and any amendments thereto.
[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.