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:
APPLICANT
Refers to the person or group sponsoring or organizing an
event and applying for an event permit required under this chapter.
ATHLETIC COMPETITION
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.
BLOCK PARTY
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.
BUSINESS DAY
Refers to normal Township work hours occurring during normal
scheduled workdays, excluding holidays.
CHIEF OF POLICE
The Chief of Police, or duly authorized designee, of Conewago
Township, Adams County, Pennsylvania.
COMMUNITY EVENT
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.
COST RECOVERY
Refers to administrative and departmental costs charged by
the Township to an applicant in conjunction with an event permitted
under this chapter.
EVENT PERMIT
Any written authorization issued as required by this chapter
that authorizes a special event on public or private property.
FIRE CHIEF
Refers to the Chief of the Southern Adams Volunteer Emergency
Services, Adams County, Pennsylvania.
FIRE DEPARTMENT
Refers to the Southern Adams Volunteer Emergency Services,
Adams County, Pennsylvania.
FIRST AMENDMENT ACTIVITY
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 or elsewhere in this Code of Ordinances is excluded from
this definition.
MANAGER
The Township Manager, or duly authorized designee, of Conewago
Township, Adams County, Pennsylvania.
NONPROFIT
Refers to a corporation or an association that conducts business
for the benefit of the general public without shareholders and without
a profit motive.
PARADE
For purposes of this chapter, means a march, procession,
organized movement, or motorcade consisting of persons, vehicles,
or a combination thereof that is:
A.
Held with an intent to attract attention;
B.
Takes place upon streets within the Township or on streets within
a Township park; 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.
PARTICIPANT
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.
PERSON
Any person, firm, partnership, association, corporation,
society, company, or organization of any kind.
PUBLIC ASSEMBLY
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.
SPECIAL EVENT (EVENT)
A.
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.
B.
The definition of "special event" is not intended to include:
(1)
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;
(2)
Programmed activities provided or managed by the Township, i.e.,
recreational and senior programs;
(3)
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.
(4)
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.
SPORTS FACILITY
Refers to Township-owned facilities associated with sports
activities.
SPORTS FIELDS
Refers to Township-owned and/or -permitted fields for the
purpose of playing baseball, football, soccer or other sports.
STREET
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.
TOWNSHIP
Refers to Conewago Township, Adams County, Pennsylvania.
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. First Amendment activity.
(1) Permits for First Amendment Activity shall:
(a)
Be issued on a content-neutral basis to the extent required
by law;
(b)
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)
Contain only such restrictions on time, place, and manner that
are reasonably related to the Township's significant interests;
and
(d)
Be issued for an application fee that reflects the cost of evaluation
and scheduling the event.
(2) No permit application fee shall be assessed for First Amendment activity
at the Township's administration building(s).
B. Permits for other special events.
(1) Permits for all other special events (including First Amendment activity
not responding to current events) shall:
(a)
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)
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)
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) 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. 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) Compliance with applicable federal, state and municipal laws, ordinances
and regulations.
(2) Obtaining of all applicable licenses and permits.
(3) Suitability of the site of the special event for the activity involved.
(4) Provisions for parking (both on- and off-street) and crowd control.
(5) Provision of water, sewer and portable toilets, where applicable.
(6) Ingress and egress to the site for vehicles and pedestrians.
(7) Garbage and litter collection and removal.
(8) Provision of security, police, fire, emergency medical services and
first aid.
(9) Restoration of site to conditions prior to the Special Event.
(10)
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)
Establishment of permit fees.
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.