CROSS REFERENCES
Power of Mayor re processions — See § 422.01(A)(2).
STATUTORY REFERENCES
Power of police to regulate processions — See
75 Pa.C.S.A. § 6109(a)(3).
[Ord. 508, passed 4-11-1988]
This chapter shall be known and may be cited as the "Parade
Ordinance of the Borough of Brookhaven."
[Ord. 508, passed 4-11-1988]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
PARADE
Any parade, march, ceremony, show, exhibition, pageant or
procession of any kind, or any similar display, in or upon any street,
park or other public place in the Borough.
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. 508, passed 4-11-1988]
(A) No person shall engage in, participate in, aid, form or start any
parade, without first obtaining a parade permit from the Chief of
Police or other appropriate official or body.
(B) This chapter shall not apply to:
(2)
Students going to and from school classes or participating in
educational activities, provided such conduct is under the immediate
direction and supervision of the proper school authorities; or
(3)
A governmental agency acting within the scope of its functions.
[Ord. 508, passed 4-11-1988]
(A) Forms. A person seeking a parade permit shall file an application
with the Chief of Police on forms provided by the Chief.
(B) Filing period. An application for a parade permit shall be filed
with the Chief not less than 30 days nor more than 60 days before
the date on which such person proposes to conduct the parade.
(C) Contents. The application for a parade permit shall set forth the
following information:
(1)
The name, address and telephone number of the person seeking
to conduct such parade;
(2)
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
heads of such organization;
(3)
The name, address and telephone number of the person who will
be the parade chairperson and who will be responsible for its conduct;
(4)
The date on which the parade is to be conducted;
(5)
The route to be traveled, the starting point and the termination
point;
(6)
The approximate number of persons who, and animals and vehicles
which, will constitute such parade, the type of animals and a description
of the vehicles;
(7)
The hours when such parade will start and terminate;
(8)
A statement as to whether the parade will occupy all or only
a portion of the width of the streets proposed to be traversed;
(9)
The location, by streets, of assembly areas for such parade;
(10)
The time at which units of the parade will begin to assemble
at such assembly areas;
(11)
The interval of space to be maintained between units of such
parade;
(12)
If the parade is designed to be held by, on behalf of or for
any person other than the applicant, a communication, in writing,
from the person proposing to hold the parade, authorizing the applicant
to apply for the permit on his or her behalf; and
(13)
Any additional information which the Chief of Police finds reasonably
necessary to a fair determination as to whether or not a permit should
issue.
(D) Late applications. The Chief of Police, where good cause is shown
therefor, may consider any application hereunder which is filed less
than 30 days before the date such parade is proposed to be conducted.
(E) Fee. There shall be paid, at the time of filing the application for
a parade permit, a fee as set forth in § 208.01 of the Administration
Code.
[Ord. 508, passed 4-11-1988]
The Chief of Police shall issue a permit as provided in this
chapter when, from a consideration of the application and from such
other information as may otherwise be obtained, he or she finds that:
(A) The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route;
(B) The conduct of the parade will not require the diversion of so great
a number of police officers of the Borough to properly police the
line of movement and the areas contiguous thereto as to prevent normal
police protection to the Borough;
(C) The conduct of the parade will not require the diversion of so great
a number of ambulances as to prevent normal ambulance service to portions
of the Borough other than that to be occupied by the proposed line
of march and areas contiguous thereto;
(D) The concentration of persons, animals and vehicles at assembly points
of the parade will not unduly interfere with proper fire and police
protection of, or ambulance service to, areas contiguous to such assembly
areas;
(E) The conduct of the parade will not interfere with the movement of
firefighting equipment en route to a fire;
(F) The conduct of the parade is not reasonably likely to cause injury
to persons or property, to provoke disorderly conduct or to create
a disturbance;
(G) The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route;
and
(H) The parade is not to be held for the sole purpose of advertising
any product, goods or event, and is not designed to be held purely
for private profit.
[Ord. 508, passed 4-11-1988]
The Chief of Police shall act upon the application for a parade
permit within 10 days after the filing thereof. If the Chief disapproves
the application, he or she shall mail to the applicant, within 15
days after the date upon which the application was filed, a notice
of his or her action, stating the reasons for his or her denial of
the permit.
[Ord. 508, passed 4-11-1988]
Any person aggrieved shall have the right to appeal the denial
of a parade permit to Council. The appeal shall be taken within five
days after notice of such denial. Council shall act upon the appeal
within five days after its receipt.
[Ord. 508, passed 4-11-1988]
The Chief of Police, in denying an application for a parade
permit, is authorized to authorize the conduct of the parade on a
date, at a time or over a route different from that named by the applicant.
An applicant desiring to accept an alternative permit shall, within
five days after notice of the action of the Chief, file a written
notice of acceptance with the Chief. An alternative parade permit
shall conform to the requirements of this chapter and shall have the
effect of a parade permit issued under this chapter.
[Ord. 508, passed 4-11-1988]
Immediately upon the issuance of a parade permit, the Chief
of Police shall send a copy thereof to the following:
(D) The President of Council;
(F) The general manager or responsible head of each public transportation
utility, the regular routes of whose vehicles will be affected by
the route of the proposed parade.
[Ord. 508, passed 4-11-1988]
Each parade permit shall state the following information:
(B) The minimum speed permitted;
(C) The maximum speed permitted;
(D) The maximum interval of space to be maintained between the units
of the parade;
(E) The portions of the streets to be traversed that may be occupied
by the parade;
(F) The maximum length of the parade in miles or fractions thereof; and
(G) Such other information as the Chief of Police finds necessary for
the enforcement of this chapter.
[Ord. 508, passed 4-11-1988]
(A) A permittee under this chapter shall comply with all permit directions
and conditions and with all applicable laws and ordinances.
(B) The parade chairperson or other person heading or leading such activity
shall carry the parade permit upon his or her person during the conduct
of the parade.
[Ord. 508, passed 4-11-1988]
(A) Interference. No person shall unreasonably hamper, obstruct, impede
or interfere with any parade or parade assembly or with any person,
vehicle or animal participating or used in a parade.
(B) Driving through parades. No driver of a vehicle, street car or trackless
trolley shall drive between the vehicles or persons comprising a parade
when such vehicles or persons are in motion and are conspicuously
designated as a parade.
(C) Parking on parade route. The Chief of Police may, when reasonably
necessary, prohibit or restrict the parking of vehicles along a highway
or part thereof constituting a part of the route of a parade. The
Chief shall post signs to such effect, and no person shall park or
leave unattended any vehicle in violation thereof. No person shall
be liable for parking on a street that is unposted in violation of
this chapter.
[Ord. 508, passed 4-11-1988]
The Chief of Police may revoke a parade permit issued under
this chapter upon application of the standards for issuance as set
forth in this chapter.