[HISTORY: Adopted by the Board of Supervisors of the Township
of Conewago 4-20-2015 by Ord. No.
2015-D. Amendments noted where applicable.]
Freedom of speech and association are among those precious rights
guaranteed and protected by the United States and Pennsylvania Constitutions.
The law gives the Township the ability to balance those rights with
its interests in protecting its citizens and preserving Township and
public property. As a municipal government, the Township may enact
content-neutral restrictions on the time, place, and manner of such
expression in order to promote such significant government interests.
The purpose of this chapter is to set forth the circumstances under
which the Township will regulate First Amendment activity. The Township
also has an interest in regulating activity not protected by the First
Amendment to ensure that Township resources are deployed effectively
and proposed events are appropriately scheduled. This chapter is also
intended to address such events.
As used in this chapter, the following terms shall have the
meanings indicated:
Refers to the person or group sponsoring or organizing an
event and applying for an event permit required under this chapter.
An event involving sports, games, or exercises which is reasonably
anticipated to obstruct the normal flow of traffic on a public property
or otherwise limit public access to public property. Examples include,
but are not limited to: marathons, charity walks, 5K and 10K races,
etc.
A one-day outdoor public event organized by the residents
of a neighborhood and held upon a Township right-of-way for social
or entertainment purposes, which is supported by a majority of those
property owners abutting the Township right-of-way upon which such
block party is to be held. Such support shall be evidenced on a form
provided by the Township requiring the signatures of abutting homeowners.
A block party can only be held between the hours of 10:00 a.m. and
10:00 p.m.
The Board of Supervisors of Conewago Township, Adams County,
Pennsylvania.
Refers to normal Township work hours occurring during normal
scheduled workdays, excluding holidays.
The Chief of Police, or duly authorized designee, of Conewago
Township, Adams County, Pennsylvania.
A one-day 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.
Refers to administrative and departmental costs charged by
the Township to an applicant in conjunction with an event permitted
under this chapter.
The Emergency Management Coordinator, or duly authorized
designee, of Conewago Township, Adams County, Pennsylvania.
Any written authorization issued as required by this chapter
that authorizes a special event on public or private property.
Refers to the Chief of the Southern Adams Volunteer Emergency
Services, Adams County, Pennsylvania.
Refers to the Southern Adams Volunteer Emergency Services,
Adams County, Pennsylvania.
Includes all expressive and associative activity that is
protected by the United States and Pennsylvania Constitutions, including
speech, press, assembly, and/or the right to petition. For purposes
of this chapter, commercial advertising that is regulated by the Zoning
Ordinance[1] or elsewhere in this Code of Ordinances is excluded from
this definition.
The Township Manager, or duly authorized designee, of Conewago
Township, Adams County, Pennsylvania.
Refers to a corporation or an association that conducts business
for the benefit of the general public without shareholders and without
a profit motive.
For purposes of this chapter, means a march, procession,
organized movement, or motorcade consisting of persons, vehicles,
or a combination thereof that is:
Held with an intent to attract attention;
Takes place upon streets within the Township or on streets within
a Township park; and
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.
An event refers to those individuals, including but not limited
to the applicant, who take part in the activities of the event by
invitation of the applicant.
Any person, firm, partnership, association, corporation,
society, company, or organization of any kind.
The Conewago Township Police Department.
A group activity, including but not limited to a demonstration,
march, meeting, parade, protest, rally, or vigil, which involves the
expression of opinions or grievances of persons for a common purpose
as a result of prior planning and which interferes or has a tendency
to interfere with the normal flow or regulation of pedestrian or vehicular
traffic upon the streets, parks, sidewalks, or other public grounds
within the Township or does not comply with normal and usual traffic
regulations or controls; or which occupies any public area open to
the general public to the exclusions of others.
Those services provided by the Police Department, Fire Department,
and EMS.
Includes, but is not limited to, a parade, public assembly,
performance, meeting, contest, exhibit, athletic competition or presentation,
community event, block party, or ceremony, and which event is to be
held wholly or partially on property owned or maintained by the Township
which is either designated by the Township for First Amendment activity
or in a traditional public forum; on a street or sidewalk located
within the Township and will likely result in the obstruction of such
street or sidewalk or will likely compromise the ability of the Township
to respond to a public safety emergency; or on any other property,
public or private, but which requires for its successful execution
the provision and coordination of Township services to a degree over
and above that which the Township routinely provides.
The definition of "special event" is not intended to include:
An activity held solely on private property and which does not
otherwise require for its successful execution the provision and coordination
of Township services to a degree equal to and/or over and above that
which the Township routinely provides;
Programmed activities provided or managed by the Township, i.e.,
recreational and senior programs;
Any event that would otherwise fall within the definition of
a "special event" held in a Township park but which involves fewer
than 25 people at the same time within a circumscribed one-hundred-foot
radius and does not interfere with regular use of the park by the
general public.
First Amendment activity on Township streets or sidewalks (including
those in parks) that will not likely result in the obstruction of
Township streets or sidewalks nor compromise the ability of the Township
to respond to a public safety emergency.
Refers to Township-owned facilities associated with sports
activities.
Refers to Township-owned and/or -permitted fields for the
purpose of playing baseball, football, soccer or other sports.
Any paved or unpaved road, thoroughfare, avenue, boulevard,
parkway, drive, or other public way set aside or open for purposes
of vehicular traffic, including any berm, shoulder or median strip
thereof.
Refers to Conewago Township, Adams County, Pennsylvania.
A.Â
No person shall conduct any special event as defined herein unless
an event permit issued pursuant to this chapter.
B.Â
No person shall be required to obtain an event permit from the Township
to engage in First Amendment activity on streets, sidewalks or other
public property unless such activity will likely result in the obstruction
of Township streets, sidewalks or other public property or will likely
compromise the ability of the Township to respond to a public safety
emergency.
The Board of Supervisors shall issue or cause appropriate departments
to issue regulations for the issuance of special events permits. Such
regulations must at minimum meet the following criteria:
A.Â
First Amendment activity.
(1)Â
Permits for First Amendment Activity shall:
(a)Â
Be issued on a content-neutral basis to the extent required
by law;
(b)Â
Be evaluated no later than two business days from the receipt
of a completed permit application where such First Amendment activity
is intended to respond to current events and depends for its value
on a timely response;
(c)Â
Contain only such restrictions on time, place, and manner that
are reasonably related to the Township's significant interests;
and
(d)Â
Be issued for an application fee that reflects the cost of evaluation
and scheduling the event.
(2)Â
No permit application fee shall be assessed for First Amendment activity
at the Township's administration building(s).
B.Â
Permits for other special events.
(1)Â
Permits for all other special events (including First Amendment activity
not responding to current events) shall:
(a)Â
Be issued for an application fee that reflects the cost of evaluating,
scheduling and policing the event, and based on municipal services
anticipated to be provided for the event;
(b)Â
Be submitted to the Township at least 14 business days and not
more than 180 business days before the date and time at which the
event is proposed to commence; and
(c)Â
Be evaluated within seven business days of receipt by the Township
of a completed application or as otherwise set forth in the administrative
regulations that shall be promulgated to implement this chapter.
(2)Â
For events requested at least 45 days before the date on which the
event is scheduled, the Recreation Director reserves the right to
respond within 14 business days but no later than 20 days prior to
the requested date for the event.
C.Â
Permit fees shall be established from time to time by resolution
of the Board, which resolution(s) shall be available in hard copy
from Conewago Township upon request. The Township shall create a special
events permit application in order to determine the type and scope
of the special event for which a permit is requested. A special events
permit shall be granted by the Township only if the applicant meets
all of the conditions of this chapter, the regulations adopted pursuant
hereto and the terms of the application. The regulations and the terms
of the application shall include, but not be limited to, the following
provisions/requirements:
(1)Â
Compliance with applicable federal, state and municipal laws, ordinances
and regulations.
(2)Â
Obtaining of all applicable licenses and permits.
(3)Â
Suitability of the site of the special event for the activity involved.
(4)Â
Provisions for parking (both on- and off-street) and crowd control.
(5)Â
Provision of water, sewer and portable toilets, where applicable.
(6)Â
Ingress and egress to the site for vehicles and pedestrians.
(7)Â
Garbage and litter collection and removal.
(8)Â
Provision of security, police, fire, emergency medical services and
first aid.
(9)Â
Restoration of site to conditions prior to the Special Event.
(10)Â
Provision of insurance in such amounts and for such coverage
as determined by the Township to be necessary, naming the Township
as additional insured when using Township property or facilities.
(11)Â
Establishment of permit fees.
A.Â
The Township shall require payment of cost recovery fees for the
cost of providing the services of public safety and public works for
special events as set forth in written regulations enacted pursuant
hereto but only if such costs reflect a good-faith estimate of actual
expenses to be incurred and do not include costs associated with protecting
First Amendment activity from actual or threatened harm. All sponsors
of special events shall work in good faith with the Township to achieve
the least expensive alternatives available consistent with the purpose
of the proposed special event.
B.Â
Unless the special event falls within the terms of Subsection C, organizers of special events shall be jointly and severally obligated to pay the full cost recovery for Township services pursuant to promulgated regulations. Any such fees shall be approved from time to time by resolution of the Board of Supervisors.
C.Â
In the event that an organizer of a First Amendment activity can
evidence indigence, no application fee or cost recovery charges or
costs under the above subsections shall be assessed. To evidence indigence,
the sponsor of a special event shall submit a notarized affidavit
certifying that the costs to be imposed exceed the available resources
of the sponsor/organizer and the sponsor/organizer does not reasonably
foresee such funds becoming available within a reasonable period after
the event and the sponsor is not charging participation fees or other
admittances fees to the general public for the special event and has
no other sponsor that is underwriting costs.
D.Â
In addition to costs otherwise set forth in the regulations, the
Township shall also charge special events organizers for all services
specifically requested in writing by such organizer or determined
by the Township to be necessary for the health, safety and welfare
of the residents of the Township, including, but not limited to, requests
for public safety or public works personnel and/or for the use of
Township equipment.
E.Â
Where the presence of emergency medical services is necessary, requested
or utilized, the Chief of Police, in consultation with the Fire Chief,
shall have full authority to require an event sponsor to employ such
number of emergency medical personnel as may be designated by the
Chief of Police.
F.Â
All organizers of special events and the Township shall work in good
faith to obtain an estimate of the total cost recovery amount at least
10 days before the special event is to begin. Payment in full of the
estimated cost recovery amount must be made to the Township at least
four days before the special event is to begin, or the permit will
not be issued or will be revoked if already issued. No more than 60
days after the conclusion of the special event, the Township shall
issue an invoice or a refund for the difference between the estimate
and actual cost recovery.
Special event organizers are prohibited from making direct payments
to Township employees for public safety, public works or other Township
services. All Township employees shall instead receive compensation
through the Township payroll for any assistance with special events.
The Manager and/or Chief of Police and/or Fire Chief and/or
their designee(s) shall have the authority to revoke an event permit
and to shut down a special event at any time upon violation of the
conditions or standards for issuance as set forth in this chapter
or in regulations adopted pursuant hereto.
If any section, subsection, sentence, or clause of this chapter
is for any reason held invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of the chapter.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, and reasonable
attorneys' fees, incurred by the Township in the enforcement
of this chapter. Each day a violation exists shall constitute a separate
offense. Further, the appropriate officers or agents of the Township
are hereby authorized to enforce compliance by filling an action in
equity in lieu of a civil action filed before a Magisterial District
Judge.
