[Ord. 925-6, 5/13/1992]
As used in this Part, the following words, terms, and phrases
shall have ascribed to them and mean the following:
ASSEMBLAGE
A gathering of two or more individuals without vehicles on
a public highway which interferes with the normal movement of vehicular
traffic on such highway.
BOROUGH
The Borough of Red Lion, York County, Pennsylvania.
PARADE
A procession in an ordered and close file as a collective
body of participants on a public highway.
PERSON
Any natural person, association, partnership, firm, organization,
or corporation.
PROCESSION
A group of two or more individuals, vehicles, animals, and/or
objects moving along a public highway in a way that interferes with
the normal movement of vehicular traffic. A procession does not include
a funeral procession or military convoy.
PUBLIC HIGHWAY
The entire width between the curbs or curblines of any road,
street, or way open to the public for purposes of vehicular traffic
and publicly maintained.
RACING
A competition by one or more individuals on foot, or individuals
in vehicles or upon animals, on a public highway, in an attempt to
outgain, outdistance, or produce a faster time finish than another
individual on foot, in a vehicle, or upon an animal.
[Ord. 925-6, 5/13/1992; as amended by Ord. 2004-03-02, 3/16/2004]
1. No person shall engage in an assemblage, parade, procession, or racing
on a public highway within the Borough without first having obtained
a license for the same from the Borough.
2. Any person desiring to engage in or conduct an event described in Subsection
1 of this section shall make application to the organization or entity providing police services to Red Lion Borough for a license at least 30 days in advance of the event. The application shall be upon such form as the organization or entity providing police services to Red Lion Borough shall prescribe and furnish and require the information specified in Subsection
3 hereof. Each application shall be for a single event to be conducted on a single date.
3. The applicant for a license shall provide the following information
to the organization or entity providing police services to Red Lion
Borough for each assemblage, parade, procession, or racing proposed
for any public highway:
B. The time on such date at which the event first intends to occupy
the public highway.
C. The actual number, if known, otherwise the estimated number of individuals,
vehicles, animals, and/or objects which are intended to occupy the
public highway.
D. The point or place within the Borough where participants in the event
first intend to enter upon and occupy the public highway.
E. The point or place within the Borough where the participants intend
to terminate the event.
F. The precise route of the event from the point or place of beginning
to the point or place of ending.
G. The estimated period of time participants in the event will be occupying
a public highway.
4. An applicant shall pay a license fee, as set from time to time by
resolution of the Borough Council, with each application submitted,
which fee shall not be refundable.
5. In addition to such license fee, where, after analyzing the information
provided by the applicant, the organization or entity providing police
services to Red Lion Borough deems it necessary that additional police
personnel or services be provided to assure the safety of the general
public and/or the participants in the event, then the applicant shall
enter into an agreement with the Borough to reimburse the Borough
for the actual cost of such personnel or services. The organization
or entity providing police services to Red Lion Borough shall provide
the applicant with an estimate of such cost which shall be deposited
with the Borough by the applicant prior to the issuance of a license.
Any balance due the Borough or refundable to the applicant shall be
computed and paid within 10 days following the event.
6. No license shall be issued unless and until the applicant shall,
in writing, agree to indemnify and save harmless the Borough and all
Borough employees and assume all liability for damages or injury occurring
to persons or property through or in consequence of any act or omission
of anyone associated with the event.
7. A license issued pursuant to this section shall be valid only on
the date or dates indicated thereon, and the same shall not be renewed
or reissued except upon a renewal application therefor and the payment
of a new license fee.
8. A license issued pursuant to this section may be suspended or revoked
by the organization or entity providing police services to Red Lion
Borough at any time upon satisfactory proof that information supplied
by the applicant is incorrect, false, or misleading or in the event
or emergency or other unforeseen circumstances involving the public
highway or highways scheduled for use whereby the health or safety
of the general public or the participants cannot be assured with available
police personnel or services.
[Ord. 925-6, 5/13/1992; as amended by Ord. 2004-03-02, 3/16/2004]
1. Where an event described in §
13-202 shall required the closing or partial closing of a public highway, no license therefor shall be issued until an engineering and traffic study containing the following elements shall have been performed by the organization or entity providing police services to Red Lion Borough and/or the York County Traffic Engineer:
A. Accident history analysis.
B. Past experience for parades, processions, assemblages, special events,
or racing.
C. Traffic volume (average daily traffic, kinds, and classes).
D. The highway is only partially closed and traffic can be safely maintained
by police control on the remainder of the highway.
E. Delays in excess of three minutes will not be experienced along intersecting
highways unless the intersection will be opened periodically to cross
traffic or an adequate alternate route or routes exist for cross highway.
F. No property abutting the public highway shall be denied ingress or
egress for a period of time exceeding five minutes.
2. Where an event described in §
13-202, Subsection
1, shall require the closing or partial closing of a state highway, no license therefor shall be issued unless and until a permit therefor shall have been approved by the Pennsylvania Department of Transportation.
[Ord. 925-6, 5/13/1992; as amended by Ord. 2004-03-02, 3/16/2004]
1. The organization or entity providing police services to Red Lion
Borough shall act upon an application for a license within 72 hours
after the filing of the same.
2. If the organization or entity providing police services to Red Lion
Borough rejects an application for a license or revokes a license
after having granted the same, it shall specify the reasons for such
rejection or revocation in writing and deliver the same to the applicant
by personal service or by certified mail within 24 hours of such rejection
or revocation. Mailing of such notice within said period of time shall
be deemed compliance with this subsection.
3. Any applicant for a license denied or revoked by the organization
or entity providing police services to Red Lion Borough shall have
the right to appeal each denial or revocation to the Borough Council
within five days following receipt of notice. The Borough Council
shall hold a hearing on the appeal within 10 days pursuant to 2 Pa.C.S.A.
§ 551 et seq., and announce its decision within 72 hours.
[Ord. 925-6, 5/13/1992; as amended by Ord. 2004-03-02, 3/16/2004]
1. A license issued by the organization or entity providing police services
to Red Lion Borough pursuant to this Part shall specify the following:
B. The route authorized for the event, naming the public highway or
highways to be occupied.
C. The starting and ending times for the event.
D. The maximum number of participants by class authorized to occupy
the public highway during the event.
2. The applicant, chairperson, or other person leading the event shall
carry the license on his or her person during the event and exhibit
the same to any law enforcement officer upon request.
[Ord. 925-6, 5/13/1992; as amended by Ord. 9711-6, 11/12/1997,
§ 87-7; and by Ord. 2009-09-02, 9/14/2009]
Any person violating any provision of this Part, upon conviction
thereof, shall be sentenced to a fine of not more than $1,000 plus
costs and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 30 days. Each day that a violation of
this Part continues or each section of this Part which shall be found
to have been violated shall constitute a separate offense.