[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Windsor 12-13-2007 by Ord. No. 2007-05. Amendments noted where applicable.]
As used in this chapter, the following terms have the meaning
indicated, unless a different meaning clearly appears from the context:
The Township of Lower Windsor in York County, Pennsylvania.
Any parade, march, ceremony, show exhibition, pageant, sporting
event, filming of any television or movie or procession of any kind
or any similar display in or upon any street, park or public place
in the Township.
To organize a parade or special event.
Any person, firm, partnership, association, corporation or
organization of any kind.
A.
No person, corporation, partnership, or other organization shall
advertise, conduct, maintain or organize any parade, march, ceremony,
show exhibition, pageant, sporting event, filming of any television
or movie or procession of any kind or any similar display or event
in or upon any street, park or public place within the boundaries
of Lower Windsor Township until that person or entity has obtained
a permit from Lower Windsor Township to conduct such event.
B.
Exceptions:
(1)
The following events shall be exempt from the provision of this chapter:
(a)
Funeral processions.
(b)
Wedding processions.
(c)
Students going to and from school, classes or participating
in educational activities, provided that such conduct is under the
immediate direction and supervision of the proper school authorities.
This exception does not apply to parades organized by a school or
any body thereof more than 24 hours prior to the occurrence.
(d)
Governmental agencies acting within the scope of its functions.
(e)
Political rallies.
(2)
The applicant shall comply with any and all conditions set forth
in the application and as required by the Township Manager or designee,
including but not limited to contacting and making sufficient and
acceptable arrangements with the following agencies:
A.
A person seeking issuance of a parade/special event permit shall
file an application with the administrative office of the Township
on forms provided by that office.
(1)
Filing period. An application for a parade/special event permit shall
be filed with the administrative office no fewer than 30 days nor
more than 180 days before the date on which it is proposed to conduct
the parade.
(2)
Contents. The application for a parade/special event permit shall
set forth the following information:
(a)
The name, address, and telephone number of the person seeking
to conduct the parade/special event.
(b)
If the parade is proposed to be conducted for, on behalf of
or by an organization, the name, address, and telephone number of
the headquarters of the organization and of the authorized and responsible
head of such organization.
(c)
The name, address, and telephone number of the person who will
be the parade/special event Chairman and who will be responsible for
its conduct.
(d)
The date when the parade/special event is to be conducted.
(e)
The route to be traveled, the starting point, and the termination
point.
(f)
The approximate number of entities (i.e., person, animals, and
vehicles, etc.) participating in the parade/special event.
(g)
The hours when the parade/special event will start and terminate.
(h)
A statement as to whether the parade will occupy all or only
a portion of the width of the proposed streets to be traveled.
(i)
The location by street of any assembly areas for such parade/special
event.
(j)
The time at which units of the parade/special event will begin
to assemble at any such assembly area or areas.
(k)
If the parade/special event is designated to be held by and
on behalf of or for any person other than the applicant, the applicant
for such permit shall file with the Township's administrative office
a communication in writing from the person proposing to hold the parade/special
event authorizing the applicant to apply for the permit on the person's
behalf.
B.
Any additional information which the Township's administrative office
or the Police Department shall find reasonably necessary to a fair
determination as to whether a permit should be issued shall be provided
upon request.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Permit fees. For applicants seeking a parade/special events permit for a parade, and for a permit involving bicycle racing, foot racing, race walking, wheelchair racing, roller-blading, marathons and jogging events, the fees are as set by resolution of the Township Board of Supervisors. The participant fee shall be based on preregistration or number of participants noted in the application, whichever is higher. Within seven days after the event, the applicant shall pay any additional participant fees or apply for a refund if the actual number of participants was less than originally permitted. All applicants shall file an application for a permit as provided in § 292-3. In the event that a permittee fails to pay any fees due when required to do so, no future applications will be considered until all fees are paid.
B.
Traffic control. The applicant will provide either Township-authorized
civilians or police personnel at the intersections requiring traffic
control as determined by the Township at its sole expense. The applicant
shall have the responsibility to coordinate with the Chief of Police
for a list of authorized traffic control personnel. If available,
the Township may, at its discretion, provide authorized personnel
or police personnel at required traffic control intersections at a
fee as set by resolution of the Township Board of Supervisors.
A.
Upon compliance with all other provisions of this chapter, a permit
for a race may be granted only after the race promoter has secured
and filed with the Director of Public Works the insurance provided
for in this section. The policy or policies shall specifically provide
for payment by the insurance company on behalf of the insured all
sums which the insured shall be obligated to pay by reason of liability
imposed upon them by law for injuries or damages to persons or properties
arising out of the activities and operations of the insured pursuant
to the provisions of this chapter.
B.
All insurance required in this section shall be issued by insurance
companies acceptable to the Township and authorized to do business
in Pennsylvania. The insurance specified may be in a policy or policies
of insurance, primary or excess.
(1)
Workers' compensation insurance that meets the statutory obligations
with coverage B - employer's liability limits of at least $100,000
each accident, $500,000 disease - policy limit and $100,000 disease
- each employee.
(2)
Commercial general liability insurance with limits of at least $1,000,000
general aggregate, $1,000,000 products - completed operations, $1,000,000
personal and advertising injury, $1,000,000 each occurrence, $50,000
fire damage, and $5,000 medical expense any one person. The policy
shall be on an "occurrence" basis, shall include contractual liability
coverage and the Township shall be named an additional insured.
C.
Acceptance of the insurance by the Township shall not relieve, limit
or decrease the liability of the parade/special event promoter. Any
policy deductibles or retentions shall be the responsibility of the
parade/special event promoter. The event promoter shall control any
special or unusual hazards and be responsible for any damages that
result from those hazards. The Township does not represent that the
insurance requirements are sufficient to protect the parade/special
event promoter's interests or provide adequate coverage.
D.
Evidence of coverage is to be provided to the Township on an appropriate
certificate of insurance. A thirty-day written notice is required
if the policy is canceled, not renewed or materially changed.
E.
The event promoter shall require any of its participants using automobiles
in the event to carry automobile liability insurance meeting the statutory
limits of the State of Pennsylvania.
F.
The event promoter shall require any of its subcontractors to comply
with these provisions.
A.
The administration office shall act upon the application for a parade
permit within 30 days after the filing thereof. If the application
is denied by the Township Manager, the application shall be mailed
to the applicant by certified mail within 45 days after the day upon
which the application was filed stating the reasons for denial. Said
notice shall contain advice to reapply if the application is incomplete
and/or advise the applicant of the right to appeal and the process
in which to appeal. Nothing in this section shall prevent the Township
through its administrative office if in its sole discretion it deems
the incompleteness of the application to be minor, to contact the
applicant to obtain the missing information and with the consent of
the applicant correcting the application.
B.
Any applicant shall have the right to appeal the denial of a parade/special
event permit to the Township Board of Supervisors. The denied applicant
shall make the appeal within five days after receipt of the denial
by filing a written notice to the Township Board of Supervisors. The
Township Board of Supervisors shall act upon the appeal at the next
scheduled meeting following receipt of the notice of appeal. In the
event that Township Board of Supervisors reject the applicant's appeal
in whole or in part, the applicant may file an immediate request for
review with a court of competent jurisdiction.
Event promoter agrees to defend, indemnify and hold the Township,
its officers and employees harmless from any liability, claim, damages,
costs, judgments, or expenses, including attorney's fees, resulting
directly or indirectly from an act or omission including, without
limitation, professional errors and omissions, of parade/special event
promoter, its agents, employees, arising out of or by any reason of
the conduct of the activity authorized by such permit and against
all loss caused in any way be reason of the failure of the parade/special
event promoter to fully perform all obligations under this agreement.
If any one of the provisions of this chapter should be held
contrary to any express provision of law or contrary to the policy
of express law, although not expressly prohibited, or against public
policy, or shall for any reason whatsoever be held invalid, then such
provision shall be null and void and shall be deemed separate from
the remaining provisions of this chapter, and in no way affect validity
of all other provisions of this chapter.
A.
Any person, firm or corporation who shall violate any provision of
this chapter shall, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and cost, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
B.
The Township may enforce any violation of this chapter through an
equity action brought in the Court of Common Pleas of York County.
This chapter shall become effective five days after date of
enactment as provided by law.
