[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:
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.
The Borough of Marietta, Lancaster County, Pennsylvania.
The Borough Council of the Borough of Marietta, Lancaster
County, Pennsylvania.
A person or entity to which a permit is issued under this
chapter.
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:
Closing a public street, sidewalk, or alleyway or a portion
thereof.
Blocking or restricting public property or a portion thereof.
Blocking or restricting access to the private property of others.
Traveling to multiple locations on public and private property
throughout the Borough.
Use of pyrotechnics or special effects.
Use of open flame, explosions, or other potentially dangerous
displays or actions.
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.
Sale or service of merchandise, food, or nonalcoholic and/or
alcoholic beverages on public and private property where otherwise
prohibited by ordinances.
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.
Placement of portable toilets on public property or on private
property where otherwise prohibited by ordinance.
Placement of no-parking signs or barricades in a public right-of-way.
Amplification of music, voices, sounds, or activities in excess
of that permitted by ordinance.
The Borough determines that the special event will affect the
Borough resources, facilities, or public safety services.
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.
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:
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.
