[HISTORY: Adopted by the Borough Council of the Borough of New Britain 8-8-2017 by Ord. No. 382. Amendments noted where applicable.]
Disorderly conduct — See Ch. 176.
This chapter shall be known and may be cited as the "Public Event Ordinance of the Borough of New Britain."
As used in this chapter, the following terms shall have the meanings indicated:
- CHIEF OF POLICE
- The Chief of Police of the Central Bucks Regional Police Department.
- The Borough of New Britain.
- PUBLIC EVENT
- Any parade, march, ceremony, show, exhibition, pageant, procession, meeting, festival, assembly, demonstration or public gathering of any kind, or any similar display:
- A. In or upon any public street, sidewalk, alley, or other public property within the Borough of New Britain in which 50 or more persons, acting together or in concert, are engaged; or
- B. In or upon any private property within the Borough of New Britain, in which 250 or more persons, acting together or in concert, are engaged where ingress and egress to and from such private property for such event is provided by means of any public street, sidewalk, alley, or other public property.
- PUBLIC EVENT PERMIT
- A permit as required by this chapter.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
No person shall engage in, participate in, aid, form, start, schedule or conduct any public event, as defined herein, on any public street, sidewalk, alley or other public or private property unless a public event permit shall have been obtained from the Chief of Police, except as provided in Subsection B.
Exceptions. This chapter shall not apply to:
Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities;
Existing or future principal and permanent uses of private property, including accessory uses, which are permitted pursuant to the provisions of the New Britain Borough Zoning Ordinance (Chapter 450 of this Code); and
Lawful exercises of free speech and right to assemble on sidewalks or other public property not intended for motor vehicle traffic where such demonstration does not impede the pedestrian passage of others and all laws, ordinances, and regulations are obeyed.
A person seeking issuance of a public event permit shall file an application with the Chief of Police on forms provided by such officer.
Filing period. An application for a public event permit shall be filed with the Chief of Police not less than 30 days before the date on which it is proposed to conduct the public event, except as provided in Subsection C.
Contents. The application for a public event permit shall set forth the following information:
The name, address and telephone number of the person seeking to conduct such public event;
If the public event is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;
The name, address and telephone number of the person who will be the public event chairperson and who will be responsible for its conduct;
The specific date when the public event is to be conducted as well as any rain, alternate or other contingent date for such public event.
The location at which the public event is desired to be held and if applicable, the route to be traveled, including the starting point and the termination point;
The approximate number of persons who will be in attendance at such public event and any animals and vehicles that will be involved, including the type of animals and description of the vehicles;
The hours when such public event will start and terminate;
A statement as to whether the public event will occupy all or only a portion of the proposed event location, and whether the public event will occupy all or a portion of the width of the streets, alleys or sidewalks, at the location and, as applicable, for the entire route proposed to be traversed;
The location by streets of any assembly areas for such public event;
The time at which the public event will begin to assemble at any such assembly area or areas;
The interval of space to be maintained between any vehicles or groups of persons involved in any public event traveling on a route, where applicable;
If the public event is designed to be held by, or on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication, in writing, from the person proposing to hold the public event, authorizing the applicant to apply for the permit on his behalf;
The anticipated number of automobiles for which parking will be required, the location of such parking and the names of those who will act as parking attendants;
The number and type of all sound amplification devices which will be used at such public event;
The number of trash and recycling receptacles and their proposed locations;
The number of portable restrooms and their proposed locations;
Verification of arrangements with emergency services providers, including fire and emergency medical services ("EMS"); and
Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should issue.
Late applications. The Chief of Police, where unusual circumstances render it impracticable to make application at the required time, shall have the authority to consider any application hereunder which is filed less than 30 days before the date such public event is proposed to be conducted. This includes but is not limited to public events planned in response to breaking news.
Fee. No fee shall be required for a public event permit. The applicant for a public event permit shall, however, be fully liable for and pay all expenses incurred by the Borough arising out of the preparation for or the conduct of such public event, regardless of whether such public event is postponed or cancelled. However, the applicant shall not be liable for such expenses if the applicant can demonstrate that the applicant cannot afford them.
The Chief of Police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, the Chief of Police finds that:
The conduct of the public event will not substantially interrupt the safe and orderly movement of vehicular and pedestrian traffic contiguous to its route or location;
The conduct of the public event will not require the diversion of so great a number of police officers of the Borough to properly police the public event location or route and the areas contiguous thereto as to prevent normal police protection to the Borough;
Conduct of such public event will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Borough other than that to be occupied by the proposed public event location or route and areas contiguous thereto;
The concentration of persons and, if applicable, animals and vehicles at the public event, including any assembly or termination locations of the public event will not unduly interfere with proper fire and police protection of, or ambulance service to, any areas within the Borough;
Conduct of such public event will not interfere with the movement of firefighting equipment en route to a fire;
The conduct of the public event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, to create a disturbance or to result in a violation of any Borough ordinance or any other applicable law;
The public event will not have any unmitigated adverse impact upon residential or business access and traffic circulation in the public event location or along any applicable route;
The public event is not to be held for the purpose of advertising any product, goods or event, and is not designed to be held primarily for private profit; and
The applicant for such permit has obtained and produced a policy of public liability insurance with an insurance company authorized to conduct business in Pennsylvania covering the event for which the permit is requested, and effective for the life of the permit, in an amount not less than $1,000,000, and naming the Borough of New Britain as an insured thereon. This requirement shall not apply where the applicant can show that an attempt was made to obtain such insurance coverage, but was not successful, or where the applicant cannot afford cost of such insurance.
The Chief of Police shall grant or refuse the permit within five days after the filing of the application. The Chief of Police shall file the grant or refusal decision, with reasons therefor, with the Borough Manager, and mail a copy of the decision to the applicant at the same time.
The Chief of Police, in denying an application for a public event permit, may authorize the conduct of the public event on a date, at a time, location, or, if applicable, a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police. An alternate permit shall conform to the requirements of and shall have the effect of a public event permit under this chapter.
Immediately upon application for a public event permit, the Chief of Police shall send a copy thereof to the following:
Each public event permit shall state the following information:
The portions of the streets, sidewalks, alleys or public property that may be occupied by the public event;
Where applicable, the maximum length of the public event procession in miles or fractions thereof; and
Such other information as the Chief of Police shall find necessary to the enforcement of this chapter.
A permittee hereunder shall carry out the public event consistent with the representations of its application and shall comply with all permit directions and conditions and with all applicable laws and ordinances.
Possession of permit. The public event chairperson or other person heading or leading such activity shall carry the public event permit upon his or her person during the conduct of the public event.
Duty to update. The public event chairperson or other person heading or leading such activity has an ongoing obligation to notify the Chief of Police of any substantial, material changes to the public event, including any changes to any of the information provided in the application for the public event permit.
All event signs, banners, flyers, or advertisements of any kind shall be contained within the boundaries of the event location and shall be removed within 24 hours of the completion of the event. An event sign not removed in compliance with this section may be removed by the Borough at the expense of the applicant to include any costs to the Borough for removal of the same. If any event sign, banner, flyer or advertisement that becomes a hazard to the public's safety or welfare due to inclement weather, inadequate maintenance, accidental damage or any other cause, the Chief of Police may cause the sign's removal at the sole cost of the applicant.
Permittee shall be responsible for supplying adequate trash and recycling receptacles and portable restrooms, for arranging for the provisions of emergency services, and for all post-event cleanup. All post-event cleanup shall be carried out immediately following the completion of the event. Any failure to promptly complete post-event cleanup shall constitute a violation of the permit, and any remaining items may be removed by the Borough at the expense of the applicant to include any costs to the Borough for removal of the same.
Interference. No person shall unreasonably hamper, obstruct or impede, or interfere with any public event or assembly or with any person, vehicle or animal participating or used in a public event.
Driving through public events. No driver of a vehicle shall drive between the vehicles or persons comprising a parade, march or other public event moving through a street when such vehicles or persons are in motion and are conspicuously designated as a public event.
Parking on public event route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the location or route of a public event for a period not to exceed two hours before to one hour after the conclusion of the event. The Chief of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter.
The Chief of Police shall have the authority to revoke a public event permit issued hereunder whenever, upon consideration of the standards for issuance of the permit, it becomes apparent that one or more of the material representations in the application were false or if it becomes apparent that there is a danger to the public if the public event is permitted to proceed.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days.
The applicant shall have the right to appeal the denial of a permit. A notice of appeal shall be filed within five days after mailing or personal delivery of a notice of denial with the Borough Manager setting the grounds for the appeal. The Borough Council shall act upon the appeal at the next scheduled meeting following receipt of the notice of appeal. The decision of Borough Council is final. If there is insufficient time for a timely appeal to be heard by the Borough Council prior to the date on which the event is scheduled, the applicant may, at his or her option, request that the Borough Manager schedule the appeal before the President of the Borough Council. The President shall hold a hearing no later than five business days after filing of the appeal and will render a decision no later than one business day after hearing the appeal. If the appeal is heard before the President of Borough Council, the President's decision is final.