[Ord. 1349-08, 3/10/2008; as amended by Ord. 1394-11, 12/12/2011]
The following words, terms, and phrases, when used in this Part 10, shall have the meanings ascribed to the same as set forth in this section, except where the context or usage of the same clearly indicates a different meaning:
BOROUGH
The Borough of Gettysburg, Adams County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Gettysburg, Adams County, Pennsylvania.
CHIEF OF POLICE
The Chief of Police of the Borough of Gettysburg, Adams County, Pennsylvania.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Borough of Gettysburg, Adams County, Pennsylvania.
GUIDE(S)
Any person who conducts, leads, or assists in leading a tour in the Borough.
MAYOR
The Mayor of the Borough of Gettysburg, Adams County, Pennsylvania.
PERSON
Any natural person, partnership, limited partnership, limited liability partnership, limited liability company, association, firm, corporation, limited liability corporation or any other legally recognized entity.
POLICE
The Police Department of the Borough of Gettysburg or any properly authorized member or officer thereof in any other law enforcement agency having jurisdiction within the Borough of Gettysburg.
PROMOTER
Any person who owns, operates or maintains a guided walking tour in the Borough.
TOUR
A group organized for a sightseeing or storytelling excursion by foot and led by a guide or guides to, on or through a public place or places, to include but not be limited to the sidewalks, public parking lots, public streets or alleys or any public right-of-way of the Borough.
[Ord. 1349-08, 3/10/2008; as amended by Ord. 1394-11, 12/12/2011]
1. 
Issuance of License.
A. 
No person shall hold himself/herself out or act as a promoter within the Borough without first obtaining from the Borough a license. No guide shall conduct, lead or assist in leading a tour in the Borough unless the guide is employed by or is a contractor or subcontractor of a promoter who has procured a license under this Part.
B. 
After the effective date of this Part, every promoter shall file with the Borough a properly completed application for a license. The license application shall be in such form as the Borough shall prescribe and shall contain at least the following information:
(1) 
The proper legal name and address of the promoter;
(2) 
The legal name and address of the promoter's business;
(3) 
A list of the promoter's guides;
(4) 
The amusement license number of the promoter;
(5) 
The sign permit number of the promoter, and
(6) 
A certificate of liability insurance evidencing the Borough of Gettysburg as an additional insured.
C. 
A license fee shall accompany the license application. The fee shall be established and may be amended from time to time by resolution of the Borough Council and shall be set at an amount to cover administrative costs associated with the license application and the administration of this Part.
D. 
The Borough shall act on a properly completed application for a license within 15 days of receiving any such application.
E. 
A walking tour license shall have an annual term of April 1 to March 31 of the subsequent year. In order to renew such walking tour license, the applicant shall comply with all requirements of Borough ordinances.
2. 
Denial of License.
A. 
To the extent permitted by law, the Borough may deny an application for a license on any of the following grounds:
(1) 
The license application is not fully completed and executed;
(2) 
The applicant has not tendered the required license fee with the application;
(3) 
The license application contains a material falsehood or misrepresentation; or
(4) 
The use or activity intended by the applicant is prohibited by any federal, state or local law, code, ordinance, rule or regulation.
B. 
Denial, suspension or revocation shall be by written notice to the licensee from the Mayor, the Chief of Police, or the Code Enforcement Officer.
[Ord. 1349-08, 3/10/2008; as amended by Ord. 1394-11, 12/12/2011]
It shall be the responsibility of every promoter who has been issued a license to conduct tours under this Part to ensure adherence to the following regulations:
A. 
Tours shall consist of a maximum of 26 persons, including the guide(s).
B. 
Tours shall maintain a separation distance between one another of at least one block but in no event less than 50 feet.
C. 
No tour shall unreasonably obstruct either pedestrian or vehicular traffic within the Borough. No tour shall block any sidewalk, isle, parking space or other area within or upon any public parking lot, public street, public right-of-way or alley in a manner that the traveling public cannot safely pass the tour within the applicable public right-of-way.
D. 
No person in a tour under a guide's control shall act in such manner as to interfere with the peace and tranquility of occupants of buildings, private yards and areas or in such a way as to interfere with the ingress and egress of occupants and guests to and from private buildings and property.
E. 
A guide employed under the license, whether an employee, a contractor, or a subcontractor of the promoter, shall wear on his or her person an identification badge in plain view at all times when exercising the privileges of such license. The identification badge shall include the name of the promoter who employs or contracts the guide, the name of the guide and the promoter's license number.
F. 
The dimensions of a guide's identification badge shall be no less than 3 3/8 inches x 2 1/8 inches.
G. 
It shall be the duty of every promoter to operate and maintain all tours in compliance with the applicable codes and provisions of all other applicable state laws and regulations and any applicable Borough ordinances.
[Ord. 1349-08, 3/10/2008; as amended by Ord. 1394-11, 12/12/2011]
If a person, including a guide and/or a promoter, has committed or has permitted the commission of a violation of this Part for the first time, the police officer or the Code Enforcement Officer shall notify such person to cease the violation of this Part and shall issue such person a notice of violation. For the second or subsequent offense, the police officer or Code Enforcement Officer shall institute summary criminal proceedings before a District Judge. In the event that summary criminal proceedings are instituted, the fine for the first offense shall be not less than $100 and not more than $600. The fine for a second offense shall be not less than $300 and not more than $600. The fine for a third or subsequent offense shall be not less than $500 and not more than $600. Each day or portion thereof for which a violation exists shall be considered a separate violation of this Part. Each section of this Part which is violated shall be considered a separate violation. The amount of the fine imposed pursuant to this Part shall be in addition to any other fine which may be imposed under any other provisions of the Code of Ordinances of the Borough or under any statute.
[Ord. 1349-08, 3/10/2008; as amended by Ord. 1394-11, 12/12/2011]
This Part shall become effective upon enactment, and the license requirement promulgated herein shall commence on the first day of April 2008.