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Borough of Marietta, PA
Lancaster County
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[HISTORY: Adopted by the Borough Council of the Borough of Marietta 7-10-2018 by Ord. No. 2018-02. Amendments noted where applicable.]
The Council of the Borough of Marietta finds that the public interest, convenience, and necessity require the adoption of an ordinance regulating the conduct of special events, such as parades, assemblies, fairs, etc., affecting Borough streets and property. The Borough finds it necessary to do so by providing procedures for the issuance of permits for special events, by providing exemptions for certain events, by providing for an administrative fee, and by providing penalties in the event of a violation.
The purpose of this chapter is to promote public health, safety and welfare by providing for the permitting of special events, including public facility use and the temporary closure or redirection of pedestrian and/or vehicular traffic on Borough streets safely before, during and after such special events.
For this chapter, the following words shall have these meanings:
APPLICANT
A person or group sponsoring or organizing a special event who has filed a written application for a permit and who assumes responsibility for all duties and responsibilities under this chapter.
BOROUGH
The Borough of Marietta, Lancaster County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Marietta, Lancaster County, Pennsylvania.
PERMITTEE
A person or entity to which a permit is issued under this chapter.
SPECIAL EVENT
A. 
A temporary event, gathering, or organized activity on a Borough street, public property or private property, or in any Borough park, building or other facility, when an organized activity is conducted involving one or more of these factors:
(1) 
Closing a public street, sidewalk, or alleyway or a portion thereof.
(2) 
Blocking or restricting public property or a portion thereof.
(3) 
Blocking or restricting access to the private property of others.
(4) 
Traveling to multiple locations on public and private property throughout the Borough.
(5) 
Use of pyrotechnics or special effects.
(6) 
Use of open flame, explosions, or other potentially dangerous displays or actions.
(7) 
Use or display of animals, vehicles, aircraft, or watercraft only when such use or display could create a disturbance or affect the public safety of persons attending or in the immediate area of the special event.
(8) 
Sale or service of merchandise, food, or nonalcoholic and/or alcoholic beverages on public and private property where otherwise prohibited by ordinances.
(9) 
Installation of a stage, vehicle(s) of any kind, trailer, van, portable building, booth, stand, grandstand, or bleachers on public property or on private property where otherwise prohibited by ordinance.
(10) 
Placement of portable toilets on public property or on private property where otherwise prohibited by ordinance.
(11) 
Placement of no-parking signs or barricades in a public right-of-way.
(12) 
Amplification of music, voices, sounds, or activities in excess of that permitted by ordinance.
(13) 
The Borough determines that the special event will affect the Borough resources, facilities, or public safety services.
B. 
Examples of special events include but are not limited to concerts; dances; assemblages; processions; parades; carnivals; circuses; amusement rides; fairs; festivals; community events; tours; half marathons, 10Ks, 5Ks and other pedestrian racing events; bicycle races; motorcycle rides and other organized activity conducted for recreation, fund-raising, community or organizational promotion, or charity.
SPECIAL EVENT PERMIT
Any written authorization issued as required by this chapter for the conduct or performance of a special event.
A. 
Except as provided in this chapter, no person or entity shall conduct, facilitate, promote, manage, aid, or solicit attendance at a special event unless a special event permit has been approved by Borough Council consistent with this chapter.
B. 
No person or entity shall have to obtain a special event permit from the Borough to engage in:
(1) 
Funeral and wedding processions.
(2) 
Lawful exercise of First Amendment activity, such as free speech and the right to assemble on sidewalks, streets, or other public property, unless such activity will likely result in the obstruction of Borough streets, sidewalks, or other public property or will likely compromise the ability of the Borough to respond to a public safety emergency or will block, obstruct or limit access to private property.
(3) 
A governmental agency acting within the scope of its authority and functions.
(4) 
Students participating in school-district-sanctioned educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities and does not obstruct, block or limit access to public or private property.
(5) 
Any special event sponsored by the Borough, whether or not occurring exclusively on Borough property.
A. 
A special event permit application shall be obtainable from the Borough Office or via the Borough website. The application shall be submitted to the Borough Secretary. An application for a special event permit as required by this chapter shall be submitted to the Borough at least 60 days prior to the proposed date for the special event. Borough Council may, but is not required to, consider an application filed less than 60 days prior to the proposed special event date.
B. 
Each applicant for a permit to conduct a special event shall pay an application fee to defray the administrative costs of the Borough in the reviewing the application, in an amount set forth in the Borough's fee schedule, as amended from time to time by Borough Council.
C. 
The application for a special event permit required under this chapter shall be on a form provided by the Borough which shall include but not be limited to:
(1) 
The name, address, telephone number, cell phone number, and e-mail address of the person or entity seeking to conduct such a special event.
(2) 
The date when the special event is to be conducted.
(3) 
The route(s) on public roads to be traveled by special event participants, and the starting and termination points or, if the special event does not involve moving participants, the location of the special event.
(4) 
The approximate number of persons likely to attend or participate in the special event.
(5) 
A description of the special event.
(6) 
The hours when the special event will start and terminate.
(7) 
Maps detailing the proposed site locations, street or alley closures, and emergency access lanes.
(8) 
A plan for disposal of wastewater, including capture and containment, to be approved by the Borough.
(9) 
A plan for disposal of garbage and municipal waste to be approved by the Borough.
(10) 
A certificate of insurance issued by an insurance company licensed to do business in Pennsylvania, evidencing comprehensive general liability insurance for not less than $1,000,000 for each occurrence and $1,000,000 for property damage, which policies shall name the Borough as an additional insured specifically for the special event.
(11) 
A statement indemnifying and holding the Borough harmless executed by the applicant and the individuals or organization conducting the special event.
(12) 
A statement that information in the application is true and correct to the best of the applicant's knowledge under penalty of law.
(13) 
An agreement to comply with this chapter and any other applicable ordinances, rules, regulations, or requirements for the special event.
(14) 
Such additional information as the Borough Council shall find reasonably necessary to arrive at a fair determination on whether a permit should be issued.
A. 
The Borough Secretary will deliver any application to Borough Council or to a committee of Borough Council designated to review such applications. Applications which meet the required criteria will be presented at the next Borough Council meeting, except that applications presented less than 72 hours prior to the next Borough Council meeting may be held until the following Borough Council meeting. Borough Council shall accept or reject an application after consideration of the application and from such other information as may be otherwise obtained.
B. 
An application for a special event permit may be denied if the applicant fails to satisfy or violates the requirements in this chapter or:
(1) 
The applicant has made or permitted making a false or misleading statement or omitted a material fact on the permit application.
(2) 
The applicant has violated this chapter or has had a special event permit revoked within the preceding 12 months.
(3) 
The Borough believes that persons or property are at risk because of the activities or conduct of persons at the special event.
(4) 
The conduct of the special event may unduly interfere with the safe and orderly movement of traffic traveling on roads near the special event or have an adverse impact upon the access to or use of public or private properties and/or traffic circulation near the special event.
(5) 
The concentration of persons, animals, and vehicles at assembly points of the special event may interfere with proper fire and police protection or ambulance service to the special event or other areas of the Borough.
The Borough Secretary shall notify the applicant for a permit whether the application has been approved or rejected within 15 days following action by Borough Council. If the application is rejected, the notice shall be in writing and communicate the basis of the rejection. Should the application be approved, a permit shall be issued by the Borough Secretary.
Any person or entity aggrieved by the action of Borough Council may request Borough Council to reconsider its action at its next regularly scheduled meeting by submitting a written request at the Borough Office. Borough Council shall consider the request to reconsider its action at its next regularly scheduled meeting after receipt of such request and shall render a decision within 15 days following its meeting. Borough Council shall consider all relevant information submitted by the applicant, Borough and other public officials, neighbors of the property where the special event is to be held and other Borough residents and businesses and shall review all relevant documents submitted. Borough Council shall deliver written notice of its decision to the applicant and the person or entity submitting the reconsideration request.
Immediately upon issuing a special event permit, the Borough Secretary shall send a copy thereof to:
A. 
Susquehanna Regional Police Department.
B. 
Marietta Borough Fire Police.
Each special event permit shall state the following information:
A. 
The date of the special event.
B. 
The name of the permittee.
C. 
The starting and termination times of the special event.
D. 
The portions of the streets to be traversed or blocked that may be occupied by the special event.
E. 
A brief description of the special event.
F. 
Parking restrictions, if applicable.
G. 
Such other requirements found by Borough Council to be reasonably necessary to protect persons or property.
H. 
The signature of the special event organizer and applicant.
A. 
A permittee shall comply with all permit directions and conditions and with federal, state and municipal laws, ordinances and regulations.
B. 
The special event chairman or other person heading or leading such activity shall carry the special event permit upon his person during the conduct of the special event.
A. 
No person shall hamper, obstruct, impede or interfere with any special event or any person, vehicle or animal participating or used in a special event.
B. 
No driver of any vehicle shall drive between the vehicles, person, or animals involved or participating in a special event when such vehicles, person, or animals are in motion.
C. 
The Susquehanna Regional Police Department shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or highway or part thereof or in public parking lots constituting a part of the route or near the site of a special event.
The Borough Council shall have the authority to revoke a special event permit upon violation of the standards for issuance of a permit, upon learning that the applicant made or permitted making a false or misleading statement or omitting a material fact on the special event application or violated other applicable laws, statutes, ordinances, rules, or regulations, including but not limited to failure to secure permits required by the Commonwealth of Pennsylvania or other governmental agency.
When the special event permit application is submitted to the Borough, an applicant must provide a certificate of insurance issued by a company licensed to do business in the Commonwealth of Pennsylvania of comprehensive general liability insurance of not less than $1,000,000 for each occurrence, which is intended to protect the Borough against loss from liability imposed by law for damages because of bodily injury and/or property damage arising from any aspect of the special event. However, the Borough may require the applicant to obtain higher limits if the Borough deems it necessary, based on the activity or activities planned as part of the special event. Such insurance shall name the Borough, its officers, employees, agents and, if required, any other public entity involved in the special event, as an additional insured on a separate endorsement maintained during the special event. Notice of limitation, reduction, or cancellation of insurance coverage shall be provided immediately to the Borough by the carrier and the applicant.
The applicant for a special event shall indemnify and hold harmless the Borough, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the special event.
The applicant must return any public property upon which the special event is held to its condition prior to the conduct of the special event. Failure to do so may cause the applicant and sponsoring organization being prohibited from being issued a special event permit for a future special event or being required to post a bond to ensure compliance with the requirement to clean up after the special event. In addition, the applicant will be responsible for any costs or expenses incurred by the Borough in restoring the premises to their condition prior to the conduct of the special event.
It shall be unlawful for any person to organize, present or conduct, or attempt to organize, present or conduct, a special event without first having obtained a permit therefor as herein provided or to otherwise violate this chapter. It shall also be unlawful for any person to violate all directions and conditions of a special event permit.
Any person who violates this chapter shall, upon conviction thereof, before the Magisterial District Justice or other court of competent jurisdiction, be sentenced to pay a civil penalty not to exceed $600 per offense, plus the costs of prosecution and reasonable attorney's fees incurred by the Borough in enforcement proceedings. Each day in which a person violates this chapter and each section violated by a person shall be considered a separate violation.
The Borough reserves the right to adopt, by resolution of the Borough Council, modifications of, supplements to, or amendments to the special event permit application.
All ordinances or parts of ordinances conflicting or inconsistent are repealed.
This chapter and its provisions shall take effect immediately upon enactment and approval. Any person, corporation, entity, or organization seeking to hold a special event that has not gained prior approval by the Borough Council at the time of this chapter's enactment shall be subject to this chapter.