[HISTORY: Adopted by the Borough Council of the Borough of
New Britain 8-8-2017 by Ord. No.
382. Amendments noted where applicable.]
GENERAL REFERENCES
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:
The Chief of Police of the Central Bucks Regional Police
Department.
The Borough of New Britain.
Any parade, march, ceremony, show, exhibition, pageant, procession,
meeting, festival, assembly, demonstration or public gathering of
any kind, or any similar display:
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
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.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A.
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.
B.
Exceptions.
This chapter shall not apply to:
(1)
Funeral
processions;
(2)
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;
(3)
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
(4)
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.
A.
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.
B.
Contents.
The application for a public event permit shall set forth the following
information:
(1)
The
name, address and telephone number of the person seeking to conduct
such public event;
(2)
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;
(3)
The
name, address and telephone number of the person who will be the public
event chairperson and who will be responsible for its conduct;
(4)
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.
(5)
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;
(6)
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;
(7)
The
hours when such public event will start and terminate;
(8)
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;
(9)
The
location by streets of any assembly areas for such public event;
(10)
The
time at which the public event will begin to assemble at any such
assembly area or areas;
(11)
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;
(12)
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;
(13)
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;
(14)
The
number and type of all sound amplification devices which will be used
at such public event;
(15)
The
number of trash and recycling receptacles and their proposed locations;
(16)
The
number of portable restrooms and their proposed locations;
(17)
Verification
of arrangements with emergency services providers, including fire
and emergency medical services ("EMS"); and
(18)
Any
additional information which the Chief of Police shall find reasonably
necessary to a fair determination as to whether a permit should issue.
C.
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.
D.
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:
A.
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;
B.
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;
C.
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;
D.
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;
E.
Conduct
of such public event will not interfere with the movement of firefighting
equipment en route to a fire;
F.
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;
G.
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;
H.
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
I.
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:
A.
Starting
time;
C.
The portions
of the streets, sidewalks, alleys or public property that may be occupied
by the public event;
D.
Where applicable,
the maximum length of the public event procession in miles or fractions
thereof; and
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
