[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:
(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.
(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.
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;
(e) 
Collection and recycling of materials consistent with Chapter 20, Part 2, of the Borough's Code of Ordinances; and
(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:
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.