[HISTORY: Adopted by the Borough Council of the Borough of
Chalfont 7-11-2017 by Ord. No.
436. Amendments noted where applicable.]
This chapter shall be known and referenced as the "Public Events
Ordinance of the Borough of Chalfont."
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Chalfont.
The Chief of Police of the Central Bucks Regional Police
Department.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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 Chalfont in which 50 or more persons,
acting together or in concert, are engaged; or
In or upon any private property within the Borough of Chalfont
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.
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 Chapter 440, Zoning, of the Code of the Borough of Chalfont; 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,
such as the Chal-Brit Regional EMS and Chalfont Fire Department; 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 Central Bucks Regional
Police Department 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 Chalfont
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
the 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 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 to the applicant.
D.
The 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorney's fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Bucks County.
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 the 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.
