[HISTORY: Adopted by the Borough Council of the Borough of Fox Chapel 2-18-1991 by Ord. No. 518 (Ch. 13, Part 4, of the 1978 Code of Ordinances). Amendments noted where applicable.]
As used in this chapter, certain terms are defined as follows:
- CHIEF OF POLICE
- The Chief of Police of the Borough of Fox Chapel.
- Theatrical programs or exhibitions, amusements, dances, displays, open houses or house tours, or any other entertainment, display or amusement, provided that for an event to be an exhibition a fee (including a voluntary or involuntary donation request) must be charged or requested.
- LARGE CROWD
- Such number of persons as is reasonably determined by the Chief of Police to require the services of police in addition to those normally on duty in order to protect the crowd or the public, to control vehicle or pedestrian traffic, or otherwise to preserve the public health, safety or welfare. A crowd in excess of 50 persons may be considered a large crowd if it is to be assembled in a facility not normally utilized to accommodate that number of persons without additional police protection.
- UNIFORMED AND NONUNIFORMED POLICE
- Members of the Borough of Fox Chapel Police Department and any reputable private security company or service which is duly licensed by the Commonwealth of Pennsylvania and is reasonably satisfactory to the Chief of Police.
The presence of uniformed or nonuniformed police officers at exhibitions attracting large crowds is deemed a necessary protection to the public. The Chief of Police shall have full authority to require the person or organization conducting such event to employ such number of uniformed or nonuniformed police officers as may be reasonably designated by him. Factors to be considered in reaching said determination shall include the number of persons and automobiles anticipated at such event and the time, location and the expected duration of such event.
Permits required. No person shall conduct or participate in any parade, procession, assemblage or meeting occupying, marching or assembling upon any street in the Borough, to the interference, interruption or exclusion of persons in their legal right to the use thereof, without a permit being issued therefor by the Borough Council. Written application for a permit shall be made to the Borough not less than two weeks in advance of the next regularly scheduled meeting of Borough Council. The application shall state the character and object, time (including duration), place and route of such event along with the names of the persons in charge or responsible for control. The application shall state the number of persons and motor vehicles expected as well as where parking will take place. If a large crowd is expected, the application shall also specify the method for police protection, and provide proof that arrangements for such police protection have been finalized. Council may also require such other information as it may reasonably request under the circumstances, including budgets, financial statements, insurance or bonds. Such information shall be mandatory, unless waived by Council for good cause shown, where either:
Issuance and control. The Chief of Police shall have exclusive power to designate by permit the time and place for commencing and ending such event along with the route of march, places of assembly or dispersal and public property to be utilized. The persons in charge or responsible for control of such event shall be responsible for the violation of any provisions or limitations designated in the permit.
It shall be unlawful for any person or persons, firm or firms to conduct, be engaged in or concerned in the business of exhibitions within the limits of the Borough of Fox Chapel without first having taken out a permit as hereinafter provided in this chapter. Any person or persons, firm or firms who may desire to operate or conduct exhibitions shall file application in writing with the Borough Manager and pay the required fee as is designated from time to time by Borough Council; upon the approval of the application by the Borough Council or by such person appointed by the Borough Council, Borough Manager shall issue a permit permitting the exhibition.
Where an application is made for the conducting of an exhibition temporary or seasonal in its nature, and the said permit is granted by the Borough Manager, the said granting shall not be construed in any way to change the zoning classification of the property involved, which shall still remain and be of the same classification as it was prior to the issuing of the permit.
To the extent of the impact on the health, safety and welfare of the Borough, its citizens or its streets, Borough Council shall have the right to prohibit entirely or regulate by resolution the character and kind of exhibition that shall be permitted in the Borough or any part thereof, the time of opening and closing of the exhibition, and shall in all respects have complete control of the said operation, and shall prohibit the same if it deems such exhibition to be unnecessary or detrimental to the health, safety and welfare of the citizens of the Borough.
Permits may be issued for a definite or indefinite period of time. Any permit may be revoked by the Borough Manager at any time upon failure of the permittee to follow this chapter or the regulations set forth by the Borough Council.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Allegheny County correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Allegheny County.