[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.
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.