[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.
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).
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.
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.
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.
An individual or group applying for the special event permit
on behalf of a nonprofit entity.
[Amended 5-19-2021 by Ord. No. 6-2021]
The City Administrator or designee of the City Administrator
shall issue special event permits pursuant to this chapter and shall
administer all special event permits issued under this chapter. The
City Administrator may promulgate written policies as deemed necessary
for the administration of special events.
[Amended 5-19-2021 by Ord. No. 6-2021]
A.Â
Application.
Applications for a special events permit under this chapter shall
be submitted on a form provided by the City. Applications must be
submitted at least 14 days prior to the event. The City Administrator
reserves the right to accept applications submitted less than 14 days
prior to the event. Applications are not deemed complete unless the
application form is completely filled out in a legible manner and
signed by an individual who is legally designated the representative
of the entity applying for said permit and the City Treasurer receives
full payment of any and all fees required.
B.Â
Additional conditions for permit application and issuance. Depending
on the nature of the special event, the City reserves the right to
impose additional condition(s) for the application and issuance of
special events permits, including but not limited to:
(1)Â
Insurance. Based on the nature of the special event, the City reserves
the right to require the applicant to show proof of liability and/or
property insurance for the special event in amounts and an extent
as determined by the City Administrator in consultation with the City
Solicitor. Such requirement may include having the City named as an
"additional named insured" on such insurance. In the event the City
requires such proof of insurance, such proof shall be a required component
of the application and a continued requirement for the holding of
an issued special events permit.
(2)Â
Emergency services. Based on the nature of the special event, the
City reserves the right to require the applicant to reimburse the
City for providing emergency services in support of the special event.
Such emergency services include, but are not limited to, services
provided by the City Police and Fire Departments and the City Emergency
Management Agency. In the event such services are deemed necessary
for the safe conduct of the special event, issuance of the special
event permit shall be contingent upon satisfactory cost reimbursement
arrangements as approved by the City Administrator.
(3)Â
Sanitation services and public health. To ensure public health, based on the nature of the special event, the City reserves the right to require the applicant to provide sanitation services for the event. These services include but are not limited to garbage/refuse removal; street sweeping; portable toilet facilities; handwash/personal sanitation stations; and any public health required sanitation deemed necessary for the event. The City of Pittston Streets and Sanitation Department may be able to provide removal of garbage/refuse at cost reimbursement rates set by the City and approved by the City Administrator. Issuance of the special event permit shall be contingent upon meeting any and all sanitation services deemed by the City to be a condition of issuing the special events permit. The City Board of Health (Chapter 43) may monitor public health at all events operated under a special events permit and may impose additional requirements which shall be deemed a condition of the special events permit.
(4)Â
Security deposit and cost recovery. The City reserves the right to
request a security deposit for the use of any public facility, public
park, and/or public property. The City reserves the right to draw
down on the security deposit to repair any damage incurred during
the special event and/or to perform any required sanitation services
after the special event. The City reserves the right to bill the permit
holder for any costs incurred for damage or sanitation beyond the
amount of the security deposit and to recover in court any unpaid
billings and City-incurred legal costs associated with recovery of
the same. Deposits not charged against will be returned to the permittee
within 10 days of the conclusion of the special event.
C.Â
Issuance of permit. Issuance of a special events permit is contingent upon the applicant meeting all terms and conditions in § 414-4.
D.Â
Revocations of permit. Violation of any terms and conditions of the
special event permit shall result in the permit being immediately
revoked.
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.
[Amended 5-19-2021 by Ord. No. 6-2021]
A.Â
Permit fees. All permit fees required by § 414-4A shall be set by resolution of the City Council.
B.Â
Costs. All costs required by § 414-4B shall be determined by the City Administrator based on current City service provision costs.
C.Â
Waiver.
When the Mayor determines it is in the interest of the City and/or
to benefit public charity to modify or waive City cost recovery associated
with the issuance of a special events permit, he may so instruct the
City Administrator. However, there shall be no waiver of insurance
requirements without approval of the City Solicitor.
[Amended 5-19-2021 by Ord. No. 6-2021]
At the direction of the City Administrator, any person or organization who shall violate any provision of Chapter 414, Special Events, shall be issued a nontraffic citation by the City Code Enforcement Officer or other designated City officer designated by the City Administrator. Upon conviction by the District Magisterial Judge, a fine of not less than $500 and not more than $2,000 and all City-incurred court costs and legal fees shall be imposed. Each day the offense continues shall be deemed a separate offense. No fine so imposed will prevent the City from also collecting costs assessed under § 414-4B(4). Failure to pay the fine and/or costs will result in imprisonment in the county jail for a term of not more than 30 days.
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.
