[Ord. 950, 8/15/2013]
The purpose of this Part 3 is to provide for the permitting
of special events, including public facility use/rental and the temporary
closure or redirection of pedestrian and/or vehicular traffic on Borough
streets and alleys in a safe manner to allow for such activities.
[Ord. 950, 8/15/2013]
As used in this Part 3, certain terms are defined as follows:
APPLICANT
The person/group sponsoring, organizing, and responsible
for an event and applying for the permit.
BLOCK PARTY
A one-day outdoor public event organized by residents of
a neighborhood and held upon a Borough street and/or right-of-way
for social/entertainment purposes. A block party can only be held
between the hours of 7:00 a.m. and 9:00 p.m.
COMMUNITY EVENT
A community or neighborhood event organized for the purpose
of celebrating community arts, recreation, or culture or to commemorate
a holiday, seasonal, or special day to the community.
FIRST AMENDMENT ACTIVITY
Includes all expressive and associative activity protected
by the United States and Pennsylvania Constitutions, including speech,
press, assembly, and/or the right to petition. Commercial advertising
regulated by the Zoning Ordinance or elsewhere in the Elizabethtown
Borough Code of Ordinances is excluded from this definition.
PARADE
A march, 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 streets or public property within the Borough;
and
C.
Interferes or has a tendency to interfere with the normal flow
or regulation of pedestrian or vehicular traffic or does not comply
with normal and usual traffic regulations or controls.
SPECIAL EVENT
A parade, public assembly, performance, meeting, contest,
exhibit, athletic competition or presentation, community event, block
party, or ceremony, which event is to be held wholly or partially
on property owned or maintained by the Borough which is designated
by the Borough for First Amendment activity or is in a traditional
public forum; on a street/alley/sidewalk within the Borough and will
likely result in obstruction of such streets/alleys/sidewalks or will
likely compromise the ability of the Borough to respond to a public
safety emergency; or on any other property, but requires for its successful
execution the provision and coordination of Borough services to a
degree over and above that which the Borough routinely provides. A
special event is not intended to include:
A.
An activity held solely on private property;
B.
Programmed activities provided/managed by the Borough and/or
GEARS;
C.
Any event which falls within the definition of a special event
held in a Borough park but which does not interfere with regular use
of the park by the general public; and
D.
First Amendment activity on Borough streets/alleys/sidewalks,
including within the park, which will not result in obstruction of
streets/alleys/sidewalks nor compromise the ability of the Borough
to respond to a public safety emergency.
STATE HIGHWAY
A highway or bridge on the system of highways and bridges
over which the Pennsylvania Department of Transportation has assumed
or has been legislatively given jurisdiction.
[Ord. 950, 8/15/2013]
This Part 3 shall in no way be a substitute for, nor eliminate
the necessity of, complying with any and all federal and state laws,
rules and regulations, and county and Borough ordinances, which are
now, or may be in the future, in effect which pertain to the conduct
of special events.
[Ord. 950, 8/15/2013]
Any person who initiates, organizes, promotes, permits, conducts
or causes to be advertised a special event without obtaining the permit
provided in this Part 3, or who knowingly conducts, permits or allows
a special event with a permit but in violation of the terms and provisions
of this Part 3 and of the permit granted, or who shall counsel, aid
or abet such violation or failure to comply, shall be subject to a
fee of $300 and all Borough-related expenses to support the event.
Should the applicant fail to pay said fee within 30 days, the matter
will be remanded to the District Justice, and the applicant shall
be subject to a fine of not more than $600, plus court costs, and
all Borough-related expenses to support the event.