[HISTORY: Adopted by the City Council of the City of Pittston 1-16-2019 by Ord. No. 2-2019. Amendments noted where applicable.]
The purpose of this Ordinance is to provide for the permitting of special events, including public facility use/rental and the temporary closure or redirection of pedestrian and/or vehicular traffic on City streets and alleys in a safe manner to allow for such activities.
As used in this chapter, the following terms shall have the meanings indicated:
- A person, group or entity sponsoring, organizing, and responsible for an event and applying for a permit.
- CITY-SPONSORED EVENT
- An event solely planned, administered, coordinated, held by, and paid for by a City department or by City departments; the event is not held in conjunction with any outside nonprofit or for-profit organization(s). Sponsorship may include the provision of City facilities or services at reduced cost or no cost to the coordinating department(s).
- CO-SPONSORED EVENT
- An event that is planned and conducted by an outside nonprofit organization or on their behalf with the assistance of City staff time, equipment, public safety services and/or the use of facilities. The City does not provide monetary funds for these cosponsored events, but in-kind services.
- COMMUNITY EVENT
- A community or neighborhood event organized for the purpose of celebrating community arts, recreation, or culture or to commemorate a holiday, season, or special day to the community.
- A day shall mean an actual calendar day.
- A march, procession, organized movement, or motorcade consisting of persons, vehicles, or combination thereof that is: (1) held with an intent to attract attention; (2) takes place upon streets or public property within the City; and (3) interferes or intends to interfere with the normal flow or regulation of pedestrian or vehicular traffic or does not comply with normal and usual traffic, regulations, or controls.
- SPECIAL EVENT
- A parade, public assembly, athletic competition, community event, or ceremony, which is to be held wholly or partially on property owned or maintained by the City and/or its entities; on a street/alley/sidewalk within the City and will likely result in obstruction of such streets/alleys/sidewalks or will likely compromise the ability of the City to respond to a public safety emergency; or on any other property, but requires the provision and coordination of the City services to a degree over and above what the City routinely provides for its successful execution. A special event is not intended to include: (1) an activity held wholly on private property; (2) programmed activities provided/managed by the City or its entities and (3) any event, which falls within the definition of a special event, held in a City park, but which does not interfere with regular use of the park by the general public.
- SPONSORING ORGANIZATION
- An individual or group applying for the special event permit on behalf of a nonprofit entity.
Written application for special events shall be submitted to the Office of Community Development for approval and granting of a special event permit. For events expecting over 100 attendees or require road closures, applications must be submitted 120 days prior to the public promotion/advertisement or commencement of the event, whichever comes first. For events with less than 100 attendees and not requiring the closure of roads, applications must be submitted 60 days prior to the public promotion/advertisement or commencement of the event, whichever comes first.
No applicant shall be less than 18 years of age. If an applicant is other than an individual, it shall be a legally constituted and created entity.
Applications shall be submitted on forms specified by the City.
City-sponsored events are exempt from the application and special event permit process. Cosponsored events and special events are not exempt.
Upon review of the application, the City's Office of Community Development will grant or deny the application for a special event permit in writing within 15 days of receipt of an application. In case of denial, the applicant has the right of appeal to City Council. Appeals must be filed within 10 days of date of denial for consideration. In the case of approval, the applicant is required to submit the permit fee and any documentation listed in the application post approval. Failure to submit the permit fee and insurance within 14 days of approval will result in an automatic withdrawal of the application. Failure to submit remaining documentation by the timeframes listed within the application will result in denial of any future event application by the applicant or its entities.
This chapter shall in no way be a substitute for, nor eliminate the necessity of, complying with any and all federal and state laws, rules and regulations, county and City ordinances which are now, or may be in the future, in effect which pertain to the conduct of special events.
All fees shall be set and modified by resolution of the City Council of the City of Pittston.
The fee to be paid for a City-approved special event shall be collected before any license/permit under provisions of this chapter is issued.
The City may provide in-kind services as part of cosponsored events, but a special event permit shall be obtained prior to the City providing such services. The Mayor may consider requests to reduce or waive fees associated with cosponsored events. The Mayor shall have sole discretion to reduce or waive said fees and shall direct the Office of Community Development accordingly.
Any person who initiates, organizes, promotes, permits, conducts or causes to be advertised a special event without obtaining the permit provided in this chapter, or who knowingly conducts, permits or allows a special event with a permit, but in violation of the terms and provisions of this chapter and of the permit granted, or who shall counsel, aid or abet such violation or failure to comply, shall be subject to a fee of $1,000 and all City-related expenses to support the event. Should applicant fail to pay said fee within 30 days, the matter will be remanded to the District Justice and the applicant shall be subject to a fine of not more the $2,000, plus court costs, and all City-related expenses to support the event.
If any provision or part of this chapter is adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any part or provision not adjudged to be invalid or unconstitutional. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.