As used in this Part, the following terms shall have the meanings
indicated:
ASSEMBLY
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.
BOROUGH
The Borough of Homestead, Allegheny County, Pennsylvania.
PARADE
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.
PERSON
Any individual or group of individuals, firm, partnership,
association, corporation, company or organization of any kind.
STREET
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:
1. Programmed activities provided
or managed by the Borough;
2. First Amendment activity on
Borough streets or sidewalks that will not likely result in the obstruction
of Borough streets or sidewalks nor compromise the ability of the
Borough to protect public safety.
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.
In each permit issued by the Homestead Police, the permit shall
specify:
1. The date of the parade or assembly.
2. The starting time and anticipated
ending time of the parade or assembly.
4. Such additional requirements
as are found by the police to be reasonably necessary for the protection
of persons or property.
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.
A parade permit shall not be required for any of the following
functions:
3. Students going to and from school
or other classes or educational activities, provided that such activity
is under the immediate direction and supervision of the proper school
authorities.
4. Parades sponsored by the Borough
of Homestead.
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.