[HISTORY: Adopted by the Council of the Borough of Lansdale 11-16-2016 by Ord. No. 2016-1893. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 127.
Fireworks — See Ch. 203.
Parking — See Ch. 268.
Parks and recreation areas — See Ch. 274.
Solid waste — See Ch. 335.
Streets and sidewalks — See Ch. 341.
Vehicles and traffic — See Ch. 370.
Vendors and peddlers — See Ch. 388.
Zoning — See Ch. 405.
A.
APPLICANT
ASSEMBLY
BLOCK PARTY
BOROUGH
BOROUGH COUNCIL
BOROUGH MANAGER
CROWD SAFETY MEASURES
FIRST AMENDMENT ACTIVITY
FOR-PROFIT ORGANIZATION
PARADE
PERMITTEE
PERSON
RIGHT-OF-WAY
SPECIAL EVENT
SPECIAL EVENT COMMITTEE
SPECIAL EVENT PERMIT
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any person or any sponsoring organization seeking a special
event permit from the Borough Council in order to conduct or sponsor
an event governed by this chapter. This term shall include, in the
case of an organization applying for a special event permit, an individual
designated by such organization as the responsible contact person.
A gathering, meeting or rally of 25 or more people without
vehicles, which interferes with the movement of vehicular or pedestrian
traffic on any street or sidewalk or other public property.
A festive gathering of the residents on a residential street
requiring a closure of a street or a portion thereof to vehicular
traffic and use of the street for social and/or entertainment purposes.
The Borough of Lansdale, Montgomery County, Pennsylvania.
The governing body of the Borough of Lansdale.
The Borough Manager of the Borough of Lansdale, or his designee.
A combination of queuing systems, signage, appropriate barriers,
and barricades which provides effective stewarding of large crowds
against crowd surging and intentional acts of targeted violence.
[Added 2-15-2023 by Ord. No. 2023-1963]
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 Chapter 405, Zoning, or elsewhere in the Code of the Borough of Lansdale is excluded from this definition.
A for-profit organization is one that operates with the goal
of making money. Most businesses are for-profits that serve their
customers by selling a product or service. The business owner earns
an income from the for-profit and may also pay shareholders and investors
from the profits.
[Added 2-15-2023 by Ord. No. 2023-1963]
A march or procession or motorcade consisting of persons,
animals or vehicles, or any combination thereof, upon any public street,
sidewalk, alley or other street right-of-way in the Borough, which
obstructs, delays or interferes with the normal flow of pedestrian
or vehicular traffic or does not comply with traffic laws or controls.
Any person or any sponsoring organization to whom a special
event permit is issued by Borough Council.
Any individual, firm, partnership, association, corporation,
society, company or organization of any kind.
A public street, alley, sidewalk or crosswalk, including
bike and pedestrian paths.
A parade, assembly, athletic event, street fair, art and
craft show, carnival, soap box derby, rally, or other special event
or activity that occurs on a Borough street, sidewalk, alley or other
street right-of-way and that obstructs, delays or interferes with
the normal flow of pedestrian or vehicular traffic or does not comply
with traffic laws and controls, but excluding a block party. The term
"special event" shall also include indoor or outdoor concerts, displays,
fairs and athletic events occurring on private property and designed
to attract large crowds such that the event will interfere with normal
traffic flow. For purposes of this chapter, a special event regulated
elsewhere in the Code of the Borough of Lansdale, including those
on Lansdale parks, are excluded from this definition and this chapter.
A group of individuals comprised of Borough employees designated
to review all applications for a special event and make recommendations
to Borough Council regarding approval of same.
Any written authorization issued as required by this chapter
for the conduct or performance of a special event.
B.
Word usage. The present tense includes the future tense. The singular
includes the plural and the plural includes the singular. The masculine
includes the feminine and the neuter.
[Amended 2-15-2023 by Ord. No. 2023-1963]
A.
Special
events. Any person or organization seeking to conduct or sponsor a
special event in Lansdale Borough shall first obtain a special event
permit from Borough Council. A special event permit shall not be required
for the following:
(1)
Funeral
processions.
(2)
Any
special event sponsored by the Borough, whether or not occurring exclusively
on Borough property.
(3)
Any
activity held solely on private property that does not require for
its successful execution the provision and coordination of Borough
services to a degree equal to and/or over and above that which the
Borough routinely provides.
(4)
First
Amendment activity on Borough streets or sidewalks that will not likely
result in the obstruction of Borough streets or sidewalks nor compromise
the ability of the Borough to respond to a public safety emergency.
(5)
Wedding
processions.
(6)
Students
going to and from school or other classes or educational activities,
provided that such activity is under the immediate direction and supervision
of the proper school authorities.
(7)
Activities
of governmental agencies.
B.
Block party.
Any person or organization seeking to conduct or sponsor a block party
shall obtain a block party permit from the Police Chief.
No permit shall be issued authorizing the conduct of a special
event intended to be held for the sole purpose of advertising any
products, goods, wares, merchandise, or event, or designed to be purely
for private profit.
[Amended 2-15-2023 by Ord. No. 2023-1963]
A.
Special
events. Any person or organization intending to conduct or sponsor
a special event shall apply to the Borough Manager for a special event
permit at least 90 days in advance of the date of the proposed event.
In emergency situations, determined at the sole discretion of the
Borough Manager, the Borough Manager may consider any application
for a permit to conduct or sponsor a special event not filed within
the time frame required by this section. The Borough Manager shall
also issue special event permits for First Amendment activity on a
content-neutral basis to the extent required by law, and shall evaluate
applications for such special events no later than two business days
following receipt of such applications when such First Amendment activity
is intended to respond to current events and depends for its value
on a timely response. The Borough Manager shall impose only those
conditions on such permit relating to time, place and manner of the
proposed activity that are reasonably related to the Borough's significant
interests and shall impose only such administrative fee as necessary
to defray the cost of evaluation and scheduling of the event.
B.
The application
for a special events permit shall be made, in writing, on a special
event permit application form[1] provided by the Borough Manager. Upon receipt, the Borough
Manager shall forward a copy of the application to the Special Events
Committee for review, comment and recommendation. The Lansdale Fire
Marshal shall review each permit application and must approve the
special event application and vendor list prior to the event. In order
that adequate arrangements may be made for the proper policing of
the special event and for other Borough services, the application
shall contain the following information and documentation and comply
with the following rules:
(1)
The
name, address and telephone number of the applicant, the sponsoring
person or organization, and the special event Chairman or other alternative
contact person.
(2)
The
nature and/or purpose of the special event, the proposed date and
location, the proposed starting and ending time.
(3)
A description,
where applicable, of the individual units which will be participating
in the special event and a description of any sound amplification
equipment to be used.
(4)
A map
with an overview of the proposed event to include requests for electric,
porta potty placement, and location of stages to be erected, if applicable.
(5)
The
estimated number of participants or spectators.
(6)
A final
list of vendors and locations shall be submitted to the Fire Marshal
14 days prior to the event, except in the case of First Amendment
activity that is intended to respond to current events and depends
for its value on a timely response in which case the applicant is
to contact the Fire Marshal at the time of permit submission to discuss
whether vendors authorized by the applicant will be present and how
said vendors may be located to comply with applicable Fire Code requirements
and with any firesafety concerns identified by the Fire Marshal.
(7)
An
indemnification agreement, signed by the applicant, pursuant to which
the applicant agrees to reimburse the Borough for any costs incurred
in repairing damage to Borough property occurring in connection with
the permitted event and proximately caused by the permittee, its officers,
employees or agents or any person under the permittee's control insofar
as permitted by law, and, further, that the permittee shall defend
the Borough against, and indemnify and hold the Borough harmless from,
any liability to any persons resulting from any damage or injury occurring
in connection with the permitted event proximately caused by the actions
of the permittee, its officers, employees or agents or any person
under the control of the permittee insofar as permitted by law. For
purposes of this requirement, persons merely joining in a parade or
event are not considered by that reason alone to be under the control
of the permittee.
(8)
A certificate
of insurance, along with all required endorsements, naming Lansdale
Borough, its officers, employees and agents as additional insureds,
to be filed no less than 10 days prior to the scheduled event, indicating
that the applicant possesses or will obtain public liability insurance
in the form of a comprehensive general liability insurance policy
with the following minimum limits; however, the Borough may require
the applicant to obtain higher insurance limits if the Borough deems
it necessary, based on the activity or activities planned as part
of the special event:
(a)
$500,000 for each person for bodily injury; $1,000,000 for each occurrence
of bodily injury; and $250,000 for each occurrence of property damage;
or
(b)
$1,000,000 or $5,000,000 for each occurrence of combined single limit
bodily injury and property damage; and
(c)
If food or nonalcoholic beverages are to be sold or served at the
event, such policy shall also include an endorsement for products
liability in an amount not less than $500,000. If alcoholic beverages
are to be sold or served at the event, the policy shall also include
an endorsement for liquor liability in an amount not less than $500,000.
(9)
A certificate of insurance, if the Borough deems necessary and appropriate, from any vendors participating in the special event for the policies and minimum coverages listed in Subsection B(8) above.
(10)
Such
other information as the Borough Manager and/or the Special Events
Committee may deem necessary, including, but not limited to, the following:
(a)
The type and estimated number of vehicles, animals and structures
that will be used at the event and whether water aid stations or first
aid stations will be provided;
(b)
The provisions made for sanitary facilities for persons participating
in or attending the event;
(c)
Whether food or beverage or alcoholic beverages will be sold at the
event and, if so, the applicant shall obtain a temporary food license
in accordance with Borough requirements;
(d)
The provisions made for monitors of the event;
(e)
Parking needs for the event;
(f)
If the special event is a parade, organizing and disbanding areas,
the proposed route to be traveled and the proposed times when the
event and any meeting or rally connected therewith are to be held,
the portion of the streets to be occupied by the parade, the number,
type and size of each float, the intervals of space to be provided
between individual units in the parade, and the maximum size and material
of any signs or banners to be carried along the parade route; and
(g)
Any supplemental information deemed by the Borough Manager and/or
Special Events Committee to be reasonably necessary to determine whether
a special event permit shall be issued.
(11)
Should
any department within the Borough deem it necessary to perform an
inspection(s) as a condition of a special events permit approval,
the applicant shall allow for the inspection and attach the inspection
report to the application or amended application.
(12)
If
more than 200 people are expected to attend a special event, the applicant
must provide recycling and trash containers and remove said containers
at the conclusion of event.
(13)
Not-for-profit
organizations shall be permitted to host more than three special events
per year.
(14)
No
special event schedule shall last past 10:00 p.m. on special events
occurring on a Sunday through Thursday, and no special event schedule
shall last past 11:00 p.m. on special events occurring on a Friday
or Saturday, and such evening hour restriction includes the time required
for any related breakdown and cleanup of said special event.
[1]
Editor's Note: Said form is included as an attachment to this chapter.
C.
Block party.
Any person or organization intending to conduct or sponsor a block
party shall apply to the Police Chief for a block party permit at
least 14 days in advance of the proposed event. In emergency situations,
determined at the sole discretion of the Police Chief or Mayor, they
may consider an application for a permit to conduct a block party
not filed within the time frame required by this section.
D.
The application
for a block party permit shall be made, in writing, on a block party
permit application form provided by the Police Chief. In order that
adequate arrangements may be made for the proper policing of the block
party and for any other Borough services, the application shall contain
the following information and the applicant shall agree to comply
with the following rules:
(1)
No
block parties will be approved for Sundays.
(2)
Block
party applicants must obtain the signatures of at least 75% of the
residents on the block indicating their support of the application.
(3)
Block
parties shall be limited to one per day.
(4)
There
will be no rain dates for block parties.
(5)
No
block party shall last longer than eight hours.
(6)
All
block parties must end by 10:00 p.m. on weeknights (Monday through
Thursday) and 11:00 p.m. on weekends (Friday and Saturday).
(7)
No
block party permits will be approved for the same day as a Borough-approved
special event.
(8)
Block
party applications require payment of a $200 fee with the submission
of the application.
A.
The Borough Council shall approve or disapprove all applications
for a special event permit with modifications or conditions as it
deems appropriate, not less than 15 days prior to the scheduled date
of the special event as shown on the application. The decision of
Borough Council shall be final. The Borough Manager, in his discretion,
reserves the right to disapprove or cancel a special event if he deems
necessary to do so.
B.
Standards of issuance. The Borough Council shall issue a special
event permit upon approval of the special event application and upon
agreement by the applicant, in writing, to the terms and conditions
of the permit, provided that Borough Council determines that:
(1)
The time, route and size of the special event requested by the applicant
will not disrupt to an unreasonable extent the movement of vehicle
traffic in or through the Borough; or
(2)
The time, route and size of the special event will not require the
diversion of so great a number of police officers of the Borough to
properly police the parade route or event and the areas contiguous
thereto that issuance of the special event permit will disrupt to
an unreasonable extent police protection to the Borough;
(3)
The special event will not interfere with another special event for
which a permit has been issued; and
(4)
The applicant has complied with the requirements of this chapter,
including without limitation those provisions pertaining to indemnification,
insurance, and the payment of applicable fees and deposits.
C.
Standards of denial. Borough Council, in its discretion, may deny
an application for a special event permit and shall notify the applicant
of such denial, in writing, if any of the following applies:
(1)
The information contained in the application is found to be false
or incomplete in any material detail.
(2)
The applicant refused to comply with an inspection required by one
or more Borough departments or the property proposed for the special
event failed an inspection.
(3)
The applicant refuses to comply with any and all conditions of the
permit.
(4)
The sole purpose of the event is advertising of any product, good,
ware, merchandise or event and is designed to be held solely for private
profit and not for First Amendment expression.
(5)
A special event permit application submitted prior in time has been
approved for an event at the same time and place requested, or so
close in time and place as to cause undue traffic congestion, or approval
of both events will render the Police Department unable to meet the
needs for police services for both events.
(6)
The proposed event will unduly disrupt the safe and orderly movement
of traffic adjacent to the event site or will prevent proper police,
fire or ambulance services to areas adjacent to the event site.
(7)
The size of the event will require diversion of such police resources
in order to ensure the orderly conduct of the special event that protection
of the remainder of the Borough will be compromised.
(8)
The parade or other special event will not move from its point of
origin to its point of completion in three hours or less.
(9)
The location of the parade or other special event will substantially
interfere with construction or maintenance work scheduled to take
place on Borough streets, sidewalks, or any other property previously
granted permit approval.
(10)
The special event will occur at a time when a school is in session
and the route or location of the event will substantially interfere
with the educational activities of the school.
D.
Borough Council shall have the authority, in its sole discretion, to issue a special event permit notwithstanding the applicant's failure to comply with any of the provisions of this section, provided the applicant agrees to such conditions or modifications that alter the date, time, duration, route or location of the event, and provided further that any such modification shall be the minimum necessary to achieve compliance with Subsection C of this section.
A.
Except as provided herein, each applicant for a permit to conduct
a special event shall pay an application fee to defray the administrative
costs of the Borough in reviewing and distributing the application,
and making preparations for such special event, in an amount set forth
in the Borough's Fee Schedule,[1] as amended from time to time by Borough Council.
[1]
Editor's Note: Said Fee Schedule is on file in the Borough
offices.
B.
Within five days of the approval of the application for a special
event permit, the applicant shall pay to the Borough an amount specified
in the Borough's Fee Schedule, in order to cover the Borough's estimated
expenses for the special event, including, but not limited to, the
costs of police protection and fire protection. The necessity of each
itemized expense shall be evaluated on a case-by-case basis and shall
be determined at the sole discretion of the Borough Council, upon
the recommendation of the Special Events Committee. If the fee required
by this subsection is not paid within five days of the approval of
the special event permit, the approval may be deemed to be void. Any
actual costs incurred by the Borough for the special event shall be
paid to the Borough by the applicant immediately upon receipt of an
invoice therefor.
C.
If a permitted special event exceeds the estimated time for the event
as stated in the application by more than one-half hour, the permittee
shall pay an additional fee to the Borough for such excess time, as
set forth in the Borough's Fee Schedule.
D.
A special event conducted by a volunteer fire company serving the
Borough shall be subject to the provisions of this chapter; however,
Borough sponsored groups and reciprocal agreements shall be exempt
from the fees and expenses outlined herein.
Each permit shall specify:
A.
The name of the permittee.
B.
The name and telephone number of the designated contact person for
the permittee.
C.
The date and time of the special event, and whether the event is
a parade or a nonparade event;
D.
The assembly area and time;
E.
The starting time of a parade or nonparade event;
F.
The minimum and maximum speeds for a parade;
G.
The route of a parade;
H.
The maximum number of platoons or units which may participate in
a parade and the maximum and minimum intervals of space to be maintained
between units during the parade;
I.
The maximum length of such parade in miles or fractions;
J.
The disbanding area and approximate disbanding time for a parade;
K.
The number of persons required to monitor the parade or assembly
along a parade route;
L.
The number and types of parade vehicles;
M.
The material and maximum size of any sign, banner, placard or carrying
device;
N.
That the material used in the construction of floats used in the
parade shall be of fire retardant materials and shall be subject to
such requirements concerning firesafety as may be determined by the
Fire Chief or Fire Marshal;
O.
That the permittee shall advise all participants in the parade or
other special event, either orally or by written notice, of the terms
and conditions of the permit prior to the commencement of such parade
or other special event;
P.
That throwing objects, including candy, at spectators is prohibited;
Q.
That the parade shall continue to move at a fixed rate of speed and
that any willful delay or willful stopping of the parade, except when
reasonably required for the safe and orderly conduct of the parade,
shall constitute a violation of the permit;
R.
The location, time of commencement and time of termination of any
meeting or rally to be held on Borough property in connection with
the parade or assembly;
S.
Parking restrictions, if applicable;
T.
Whether rides or the sale of food and/or beverages requiring licensing
will take place;
U.
That the material used in the construction of any tents or similar
structures used at the event shall be of fire retardant materials
and shall be subject to such requirements concerning firesafety as
may be determined by the Fire Chief or Fire Marshal; and
V.
Such requirements or conditions as are found by the Borough Council,
Borough Manager and/or the Special Events Committee to be reasonably
necessary for the protection of persons or property.
Immediately upon the granting of a permit for a special event,
the Borough Manager shall send a copy thereof to the following:
The Borough reserves the right to change a parade route, assembling
area, disbanding area and/or location of any special event from those
proposed on the special event permit application to other routes and
areas, at any time prior to the special event if the Borough Manager
determines that the safety of the public or property requires such
changes. Notice of such action shall be delivered, in writing, to
the permittee by personal service or by certified mail.
[Amended 2-15-2023 by Ord. No. 2023-1963]
Any special event permit or any block party permit issued pursuant to this chapter may be summarily revoked or canceled by the Borough Manager or the Police Chief at any time or by reason of the occurrence of a disaster, public calamity, riot or other emergency that concerns the safety of the public or property or, in accord with § 336-13 hereunder, due to inclement weather, strong/gusting winds, thunderstorms, and local/national health emergencies. Except in cases of an emergency or a sudden weather event, notice of such action revoking or canceling a permit shall be delivered, in writing, to the permittee by personal service or by certified mail. Revocation or cancellation of the permit may take place up to and during the special event.
No person shall knowingly join in any parade or other special
event conducted under a permit issued by Borough Council in violation
of any of the terms of the permit, knowingly join or participate in
any permitted parade or other special event without the prior consent
of the permittee, or in any manner interfere with the progress or
orderly conduct of any permitted parade or other special event.
The Lansdale Police Department shall have the authority, when
reasonably necessary, to prohibit or restrict the parking of vehicles
along the street or portion thereof which is within the route of a
parade or special event area. The Police Department shall post signs
and/or place meter bags giving notice of such restrictions and it
shall be unlawful for any person to park or leave unattended any vehicle
in violation thereof.
[Amended 2-15-2023 by Ord. No. 2023-1963]
The Borough Manager or the Police Chief, in his sole discretion,
may cancel any special event or block party due to inclement or threatening
weather, strong/gusting winds, thunderstorms, wet site conditions
and local/health emergencies.
[Amended 2-15-2023 by Ord. No. 2023-1963]
No rain dates will be permitted.
[Amended 2-15-2023 by Ord. No. 2023-1963]
Application fees are nonrefundable. Fees paid by the applicant
for all other Borough expenses in anticipation of the special event
or block party shall be refunded to the permittee.
[Amended 2-15-2023 by Ord. No. 2023-1963]
A.
Any person violating any provision of this chapter shall be guilty
of a summary offense, and upon conviction thereof in a summary proceeding,
shall be sentenced to pay a fine of not less than $300 nor more than
$1,000 for each offense, and in default of the payment thereof, shall
be sentenced to imprisonment for a term not exceeding 30 days. Such
fines or penalties shall be collected as like fines or penalties are
by law collected. Borough Council shall have the ability to withhold
future permit approval until all fines and penalties are paid in full.
B.
Any person conducting or sponsoring a special event or a block party,
as applicable, without first providing the necessary fees and deposits
as required by this chapter shall be billed for the actual cost by
Lansdale Borough for police, cleanup services and other Borough services.
Failure to pay such costs billed by the Borough for such services
within 15 days shall result in the imposition of a 10% penalty and
interest at the rate of 1% per month until said costs are collected.