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.
CHIEF OF POLICE
The Chief of Police of the Borough.
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.
PARADE PERMIT
A permit as required by this chapter.
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:
(1) 
Funeral processions;
(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:
(A) 
The Mayor;
(B) 
The Borough Solicitor;
(C) 
The Fire Chief;
(D) 
The President of Council;
(E) 
The Postmaster; and
(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:
(A) 
The starting time;
(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.
[1]
Editor's Note: See § 202.99 for general code penalty if no specific penalty is provided.