This chapter shall be known and may be cited as the "North Franklin
Township Public Gathering and Protest Ordinance."
As used in this chapter, unless the context requires otherwise:
PERSON IN CHARGE OF PROPERTY
An agent and his principal, occupant, lessee, contract purchaser,
or person other than the owner, having possession or control of property
in the Township.
PROTEST
All assemblies of people gathered for the purpose of a demonstration
or other similar action to express a belief in regards to a person,
place or thing, that occurs on public property; and/or any assembly
that is likely to require Township resources above and beyond the
general scope provided every day, regardless of the number of persons
or the duration of said protest involved.
PUBLIC GATHERING
All assemblies of people gathered for the purpose of public
entertainment, amusement or recreation, reasonably anticipated to
number more than 50 for a continuous period of 45 minutes or more,
more than 25% of whom will assemble outdoors.
SPONSOR
Any natural person, association, partnership, firm, corporation,
joint venture or any other legal entity whatsoever, who initiates,
organizes, promotes, permits, conducts or causes to be advertised,
a public gathering.
As an additional condition to the issuance of a permit for a
public gathering or protest as defined herein, the Township may require,
at its discretion after consideration of the application submitted,
that the applicant submit a bond, with licensed commercial surety,
letter of credit or cash as a security deposit in an amount to be
determined by the Township Solicitor or his agent to save and protect
and indemnify the Township from any loss or expense sustained as a
result of 1) loss and damage to Township streets, pavements, bridges,
road signs, and all other Township property caused by persons sponsoring,
working at, or attending and participating in the public gathering
and any vehicles or other instrumentalities in their control; 2) failure
of the persons to whom a permit was issued to perform their obligations
under the permit granted by the Township, including, but not limited
to, such things as restoring the premises where the public gathering
was held to a sanitary condition, or providing necessary security
or traffic control; and 3) any other additional costs incurred by
the Township and its agents prior to, during and after the public
gathering or protest.
Persons Reasonably Anticipated
|
Cash Deposit or Bond Amount*
|
---|
300 to 500
|
$1,000
|
501 to 2,000
|
$2,000
|
2,001 to 3,500
|
$3,000
|
3,501 to 5,000
|
$5,000
|
5,001 to 10,000
|
$10,000
|
over 10,000
|
$25,000
|
*
|
The Township reserves the right to determine the exact amount
of Bond required based not only on number of persons anticipated but
any and all factors that may have a bearing on the potential costs
incurred by the Township. These figures are merely a guideline for
prospective applicants.
|
Any person who initiates, organizes, promotes, permits, conducts
or causes to be advertised a public gathering/protest without obtaining
the permit provided in this chapter, or who knowingly conducts, permits
or allows a public gathering/protest 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,
upon conviction thereof by any Magisterial District Judge, shall be
subject to a fine of not more than $500, together with costs. In default
of the payment of any fine, the defendant shall be sentenced to jail
for a period not exceeding 30 days.
The provisions of this chapter shall be severable, and, if any
provisions hereof shall be held to be unconstitutional, invalid or
illegal by any court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter. It is hereby declared as a legislative intent that this chapter
would have been enacted had such unconstitutional, invalid or illegal
provisions not been included herein.
This chapter is enacted under the authority of the Second Class
Township Code for the Commonwealth of Pennsylvania. Any previous ordinance or resolution inconsistent with
this chapter is repealed. However, 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
Township ordinances which are now, or may be in the future, in effect
which pertain to the conduct of public gatherings.
This chapter shall become effective five days after enactment.