[Adopted 10-14-1974 as Ch. 69 of the 1974 Code; amended
in its entirety 4-11-2019 by Ord.
No. 2019-3 (Ch. 182 of the 1999 Code)]
1.
This Part shall be known as
and may be cited as the "Parade and Public Assembly Ordinance of the
Borough of Homestead."
2.
The purpose of the permit system
for parades and public assemblies is not to exclude communication
of any particular content but to coordinate multiple uses of limited
space to assure preservation of the street, park and public facilities
and to prevent uses that are dangerous, unlawful or impermissible
and to assure financial accountability for damages caused by any event.
As used in this Part, the following terms shall have the meanings
indicated:
A gathering, meeting, demonstration or rally which interferes
with the movement of vehicular or pedestrian traffic on any street
or sidewalk or other public property, including but not limited to
Borough parks, playgrounds or recreation facilities.
The Borough of Homestead, Allegheny County, Pennsylvania.
Any march, procession, ceremony, show, exhibition, pageant
or motorcade of any kind or any similar display, consisting of people,
animals or vehicles, or any combination thereof, upon any public street,
sidewalk or alley in the Borough, which does not comply with the normal
and usual traffic regulations or controls.
A permit as required by this Part.
Any individual or group of individuals, firm, partnership,
association, corporation, company or organization of any kind.
A public right-of-way or portion thereof intended for general
public use to provide means of travel for vehicles and pedestrians.
The word "street" shall include the words "avenue," "road," "highway,"
"thoroughfare," "way," "drive," "lane," "court," "cul-de-sac" and
"alley," but shall not include "driveway" or "sidewalk."
It shall be unlawful for any person or organization to conduct
a parade or assembly in or upon any public street, alley or sidewalk
or other public property in the Borough or to knowingly participate
in any such parade or assembly unless a permit has been obtained from
the Homestead Police. A permit shall not be required for:
No permit shall be issued authorizing the conduct of a parade
intended to be held for the sole purpose of advertising any products,
goods, wares, merchandise or event or designed to be purely for private
profit.
Any person or organization intending to conduct a parade or
assembly shall apply to the Homestead Police Department for a permit
at least 30 days in advance. The Homestead Police Department may,
in its discretion, consider any application for a permit to conduct
a parade or assembly which is filed less than 30 days in advance.
The application for such permit shall be made in writing on a parade
or assembly permit application form provided by the Homestead Police
Department. In order that adequate arrangements may be made for the
proper policing of the parade or assembly and for other municipal
services, the application shall contain the following information:
1.
The name, address and telephone
number of the applicant, the sponsoring person or organization, and
the parade or assembly chairperson or person who will be responsible
for its conduct.
2.
If the parade or assembly is
proposed to be conducted for, on behalf of or by any 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 purpose of the parade or
assembly, the proposed date and location, the proposed location of
the organizing and disbanding areas, the proposed route to be traveled,
and the proposed times when the parade or assembly and any meeting
or rally connected therewith are to be held.
4.
A description of the individual
floats, marching units, vehicles, bands and other units which will
participate in the parade and a description of any sound-amplification
equipment to be used.
5.
The estimated number of participants.
6.
The provisions for traffic control
for or during the parade or assembly and the means for ensuring the
safety of participants and the general public.
7.
Such additional information
as the Homestead Police Department may deem necessary in order to
make a fair determination as to whether a permit should be issued.
1.
Certificate of insurance required;
amount of coverage.
A.
Each person filing an application
for a parade permit shall provide to the Borough a certificate of
insurance evidencing that the applicant maintains insurance which
will protect that person and the Borough of Homestead from claims
for damages for personal injury, including accidental death, as well
as claims for property damages which may arise from the conduct of
the parade. Excluded from any claim for damages will be damages related
to persons objecting to the content of the proposed or actual message
of the applicant. The amounts of insurance coverage shall be as follows:
B.
The certificate of insurance
shall name the Borough of Homestead as an additional insured and shall
be provided by an insurance company authorized to do business in the
Commonwealth of Pennsylvania.
2.
No parade permit will be issued
prior to receipt of a certificate of insurance that complies with
this section, as accepted by the Borough.
1.
Application fee. Every applicant
for a permit to conduct a parade or assembly shall pay an application
processing fee, as established by resolution of the Borough Council.
2.
Deposit fee. In addition to
the application fee, a refundable deposit fee shall be charged to
any person or organization applying for a parade or assembly permit,
to guarantee that no Borough facilities or equipment are removed,
damaged or rearranged; parade or walk signs or markings are removed;
and public rights-of-way are cleaned of litter and debris and left
in acceptable condition.
A.
The amount of deposit required
shall be based on the number of people estimated to participate in
the parade, walk or assembly.
B.
The deposit fee shall be refunded
to the applicant within 30 days after the parade, walk or assembly
if Borough facilities or equipment utilized, if any, or public rights-of-way
are found to be left in acceptable condition. If an inspection by
the Borough after the parade, walk or assembly finds that any Borough
facilities or equipment utilized, if any, are not left in acceptable
condition or parade or walk signs or markings have not been removed
or public rights-of way are littered or otherwise not left in acceptable
condition, then the deposit fee shall be retained by the Borough to
offset the costs of repairs and/or cleanup by the Borough.
C.
The schedule of deposit fees
may be amended from time to time by resolution of Borough Council.
3.
Application fees and deposit
fees may not be waived.
1.
The permit application for a
parade or assembly permit shall be approved, with any modifications
deemed appropriate, or disapproved not less than 15 days prior to
the scheduled date of the parade or assembly as shown on the application.
2.
Standards of issuance. The Homestead
Police shall not issue a parade or assembly permit if it is found
that:
A.
The time, route and size of
the parade or assembly requested by the applicant will disrupt to
an unreasonable extent the movement of vehicle traffic in or through
to Borough; or
B.
The applicant is unable to
demonstrate that satisfactory arrangements have been made for traffic
control for or during the parade or assembly or for ensuring the safety
of participants and the general public; or
C.
The parade or assembly will
interfere with another parade or assembly for which a permit has been
issued.
3.
Standards for denial. The Homestead
Police shall deny an application for a parade or assembly permit and
notify the applicant of such denial if:
A.
The information contained in
the application is found to be false or incomplete in any material
detail;
B.
The applicant has not tendered
the required insurance certificate and/or the required proof of arrangements
for safe traffic control;
C.
The applicant is legally incompetent
to contract or to sue or be sued;
D.
The applicant or person on
whose behalf the application for the permit was made has on prior
occasions damaged Borough property and has not paid in full for such
damages or has other outstanding and unpaid debts to the Borough;
E.
The use or activity proposed
by the applicant would conflict with a previously issued permit to
another applicant or would conflict with previously planned programs
organized and conducted by the Borough and scheduled for the same
time and place;
F.
The proposed use or activity
is prohibited by or inconsistent with the classifications and uses
of any street, park or other public facility or place in the Borough;
G.
The proposed use or activity
would present an unreasonable danger to the health or safety of the
applicant or other users of any street, park or other public facility
or place in the Borough, of Borough employees or of the public;
H.
The applicant has not complied
with or cannot comply with applicable ordinances, regulations or requirements
of the Borough concerning the sale or offering for sale of goods or
services; or
I.
The applicant refuses to comply
with any or all conditions of the permit.
4.
Notice of denial. If a permit
is denied, the denial shall clearly explain the reasons for the denial
and what, if anything, must be done to correct the reason for denial.
In each permit issued by the Homestead Police, the permit shall
specify:
1.
Upon a denial or significant modification by the Homestead Police of an application made pursuant to § 13-1005 of this Part, the applicant may appeal from the determination within five days thereafter to the Borough Council by filing a written notice of appeal. Borough Council may affirm, reverse or modify in any regard the determination.
2.
In the event that an application is not filed within the time required by § 13-1005, the applicant may request a waiver of such requirement by Borough Council at its next regular meeting, and Borough Council may, in its sole discretion, waive such requirement if it finds unusual circumstances justifying the applicant's delay.
The Borough reserves the right to change the parade route, assembling
area, disbanding area and location of any meeting or rally from those
proposed on the parade or assembly permit application to other routes
and areas at any time prior to the parade or assembly, if the police
determine that the safety of the public or property requires such
changes. Notice of such actions shall be delivered in writing to the
permittee by personal service or by certified mail.
1.
Any permit for a parade or assembly
issued pursuant to this Part may be summarily withdrawn or revoked
by the Borough Manager at any time when, by reason of the occurrence
of a disaster, public calamity, emergency or severe adverse weather
conditions, the Borough Manager, together with the Mayor and Homestead
Police, determines that the safety of the public or property requires
such revocation.
2.
Any permit for a parade or assembly issued pursuant to this Part shall be revoked if the applicant has not paid any required fees or deposits as provided for in § 13-1007 above.
3.
Any permit for a parade or assembly
issued pursuant to this Part may also be revoked by the Borough Administrator
if there shall have been committed any breach of the terms and conditions
under which the permit was issued or a violation of the terms of this
Part.
4.
If a permit is revoked, the
revocation shall clearly explain the reason for the revocation and
what, if anything, must be done to correct the reason for revocation.
Notice of such action revoking a permit shall be delivered in writing
to the permittee by personal service or by certified mail.
A parade permit shall not be required for any of the following
functions:
No person shall knowingly join in any parade or assembly conducted
under a permit issued by the Homestead Police in violation of any
of the terms of said permit, nor knowingly join or participate in
any permitted parade or assembly without the prior consent of the
permittee, nor in any manner interfere with its progress or orderly
conduct.
The Homestead Police shall have the authority, when reasonably
necessary, to prohibit or restrict the parking of vehicles along the
street or portion thereof which is within the route of a parade. The
Homestead Police shall post signs giving notice of such restrictions,
and it shall be unlawful for any person to park or leave unattended
any vehicle in violation thereof.
[Amended at time of adoption of Code (see AO)]
Any person who violates or permits a violation of this Part
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 attorneys '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 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 Part 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 Part in equity in
the Court of Common Pleas of Allegheny County.
