[HISTORY: Adopted by the Borough Council of the Borough of New Wilmington 3-7-2016 by Ord. No. 517. Amendments noted where applicable.]
As used in this chapter, the following words and terms shall have the respective meanings ascribed to them:
ACTIVITY
Any assemblage, parade or special event.
ALCOHOL
Ethyl alcohol of any degree of proof originally produced by the distillation of any fermented liquid, whether rectified or diluted with or without water, whatever may be the origin thereof, and shall include powdered alcohol and synthetic ethyl alcohol, but shall not mean or include ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage purposes.
[Added 10-2-2017 by Ord. No. 521]
ALCOHOLIC BEVERAGE
Any distilled drink, spirit, liquor or fermented drink containing alcohol including, but not limited to, beer, malt or brewed drink, ale, lager, wine, liqueur, whiskey, tequila, vodka, alcohol cider, mead and rectified spirit.
[Added 10-2-2017 by Ord. No. 521]
ASSEMBLAGE
A collection or gathering of 10 or more individuals on Borough Property for a consecutive period of time in excess of one hour.
BOROUGH
The Borough of New Wilmington, Lawrence County, Pennsylvania.
BOROUGH PROPERTY
Any public street, alley, lane, highway, sidewalk or public right-of way, park, recreational area, building, facility or other property owned, controlled or maintained by the Borough.
COUNCIL
The council of the Borough of New Wilmington, Lawrence County, Pennsylvania.
PARADE
Any assemblage of five or more individuals participating in any organized activity, event, march, ceremony, or procession of any kind, in or upon any Borough property continuing for a period in excess of 10 minutes.
PERMIT
A written authorization as required by this chapter.
PERSON
Any individual, firm, partnership, unincorporated association, corporation, company, limited liability company or any other type of organization or entity.
POLICE CHIEF
The duly appointed chief of police of the Borough or his designee.
SECRETARY
The duly appointed secretary of the Borough.
SPECIAL EVENT
Any planned or organized event such as festivals, celebrations, concerts, shows, exhibitions, or similar events, intended to attract and/or assemble 10 or more individuals on Borough property.
A. 
No person shall engage in, participate in, aid, form, or commence any activity unless a permit shall have been obtained from the Borough.
B. 
No person may conduct or otherwise participate in any activity between 11:00 p.m. and 8:00 a.m.
C. 
This chapter shall not apply to funeral processions supervised by a licensed mortuary, the Borough's fire department, or any of its departments, boards or commissions for activities related to official duties.
A. 
Any person seeking issuance of a permit shall file an application with the Borough Secretary, who shall transmit the same to the Police Chief, on forms provided by the Borough, at least 20 business days and no more than 90 days prior to the time at which it is proposed to conduct an activity. The Police Chief shall not approve any application for a permit when he determines that there is a conflict in both schedule and location with another activity for which a permit has been previously granted or will be granted prior to the proposed activity.
B. 
The application for a permit shall require the following information:
(1) 
The purpose of the activity.
(2) 
The name, address, and telephone number of the person seeking to conduct such activity.
(3) 
If the activity is proposed to be conducted for, on behalf of, or by a person other than an individual, the name, address, and telephone number of the headquarters or its principal place of business or office, and of the authorized and responsible heads of such entity.
(4) 
The name, address, and telephone of the individual to be in charge of the activity.
(5) 
The date on which the activity is to be conducted and the hours that such activity will commence and terminate.
(6) 
If the proposed activity is an assemblage or special event, the location and times beginning and ending. If the proposed activity is a parade, the proposed route to be traveled for the parade, the starting point, and the termination point. For any activity, the applicant shall include a statement whether the activity shall or shall not occupy all or any portion of the width of any public street, alley, lane, highway or sidewalk within the Borough. If any such occupation is intended, the passage ways shall be identified.
(7) 
The best estimate of the number of individuals who, and vehicles which, will constitute such activity and a general description of the vehicles.
(8) 
If the activity is designed to be held by, or on behalf of, or for, any living individual or existing person other than the applicant, the applicant for such permit shall file with the Police Chief a written consent from such other person authorizing the applicant to apply for the permit.
(9) 
The location by address or commonly known name of any area that the applicant proposes as the venue, together with a description of the activities planned during the activity, including, but not limited to, a description of any sound amplification equipment that will be used during the activity.
(10) 
Whether or not alcoholic beverages will be offered or consumed during the activity.
[Added 10-2-2017 by Ord. No. 521]
(11) 
Whether or not any individuals under the age of 21 will be permitted to attend or participate in the activity.
[Added 10-2-2017 by Ord. No. 521]
Within five business days after the filing thereof, the Police Chief shall issue a permit as provided in this chapter if in his sound and reasonable discretion the following criteria shall be met:
A. 
The applicant has agreed to abide by the requirements of this chapter and all other applicable federal, state and local laws and regulations;
B. 
The location proposed for the activity appears to be a proper venue taking into consideration the number of expected participants, the type of event, resources required of the Borough, the volume of sound, the time and length of the proposed activity, the parking needs; and, the reasonable expectations of residents and businesses balanced against the reasonable needs of the applicant.
C. 
No other person has been issued or will be issued a permit that would conflict with the requested permit. If two or more applications contemporaneously request the same date for a permit, the Police Chief shall give priority to the application first filed;
D. 
The proposed activity does not conflict with the temporary closing of streets by the Borough;
E. 
The time, route, or size of the proposed activity will not significantly disrupt vehicle or carriage traffic; and
F. 
The activity will not materially interfere with normal police, fire, protection and services in the Borough.
G. 
Payment of an administrative fee, not to exceed $300, in such amount as the Police Chief deems appropriate, considering the time, costs and expenditure of Borough resources in connection with issuance of the permit and the activity.
A. 
If the Police Chief disapproves the application, he/she shall notify the applicant of the decision, stating the reasons for the denial of the permit. Upon the denial of an application for a permit the applicant may appeal to Council within seven business days after the date notice of the denial is sent by first-class mail, postage prepaid, to the applicant at the address on the application, or five business days after personal delivery of the decision to the applicant. Appeal may be made by delivering a letter of appeal to the Borough secretary, who shall set the appeal for hearing by Council at its next regularly scheduled meeting, or if the Council desires, a special meeting may be scheduled.
B. 
The Police Chief, in approving an application, may authorize the activity at a date, time, route or location different from that proposed by the applicant. The Police Chief shall state the reasons for the issuance of the alternative permit location based on the criteria listed in § 100-4 of this chapter.
C. 
An applicant desiring to accept a permit shall within five days of receipt of notice of the issuance of the permit gives written notice to the Borough secretary of the acceptance of the same. Absent such timely notice, Council may consider the permit rejected.
A. 
No explosives, hazardous materials, firearms or dangerous weapons of any kind, may be possessed, either exposed or concealed, by any participant in the activity, any individual present at the activity or on Borough Property within 500 feet of the activity, except as permitted in this subsection. For the purpose of the section, the term "dangerous weapon" shall be defined as any device designed or capable of being used to inflict serious injury upon person or property, including but not limited to, firearms, knives of any kind or any type having a blade in excess of three inches in length, razors and razor blades, metallic knuckles, clubs, blackjacks and night sticks, rocks, bottles or bricks, and dynamite cartridges, bombs, grenades, mines, or other powerful explosives. This restriction shall not apply to the following persons while acting lawfully and within the scope of their duties and authority:
(1) 
Law enforcement officers.
(2) 
Officers and soldiers of the armed forces, militia, National Guard, and color guards of officially recognized veteran's organizations.
B. 
The individual and any entity for whom the permit has been issued shall be responsible and liable for compliance with all of the terms of the permit.
C. 
Every parade shall follow the route designated and approved by the Police Chief, and every assemblage and special event shall remain in the parameters designated and approved by the police chief.
D. 
The individual designated in the application as responsible for the physical conduct of the activity shall be responsible for ensuring that any booths, stands, equipment or other tangible property used in the activity and any participants in the activity, are removed from the area within 48 hours following the time for conclusion of the activity.
A. 
Participants in an activity are required to abide by this chapter and the terms of the permit. Any violation of the permit or this chapter is punishable as provided by the Borough Code. Each violation of which subsequent violations occurring on subsequent days shall constitute a separate violation. Each violation may be penalized with a fine not to exceed $600. If guilty of a violation the violator shall be responsible for payment of court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings.
B. 
Upon failure of the guilty violator to pay the fine, costs or attorneys fees, the Borough may proceed in the manner provided by the Borough Code or by other applicable law and equity to collect the same and it also may collect its reasonable attorney's fees incurred in the collection proceedings.
C. 
The individual so designated in the application as responsible for the activity shall be responsible for monitoring the conduct of the participants in the activity.
The Police Chief may revoke any permit granted for an activity if any participant in an activity violates the permit or this chapter or if the safety, health and welfare is placed in danger of harm's way.