[Ord. No. 550, 11/10/2020]
1. This chapter and Part shall be known as and may be cited as the "Parade
and Public Assembly Ordinance of the Borough of Rankin."
2. The purpose of the permit system for parades and public assemblies
is not to exclude communication of any particular content but to coordinate
multiple uses of limited space to assure preservation of the street,
park and public facilities and to prevent uses that are dangerous,
unlawful or impermissible and to assure financial accountability for
damages caused by any event.
[Ord. No. 550, 11/10/2020]
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 Rankin, 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."
[Ord. No. 550, 11/10/2020]
1. 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 Rankin Police. A permit shall not be required for:
A. Programmed activities provided or managed by the Borough;
B. 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.
[Ord. No. 550, 11/10/2020]
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.
[Ord. No. 550, 11/10/2020]
1. Any person or organization intending to conduct a parade or assembly
shall apply to the Rankin Police Department for a permit at least
30 days in advance. The Rankin 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 permit application form provided
by the Rankin 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:
A. 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.
B. 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.
C. 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.
D. 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.
E. The estimated number of participants.
F. 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.
G. Such additional information as the Rankin Police Department may deem
necessary in order to make a fair determination as to whether a permit
should be issued.
[Ord. No. 550, 11/10/2020]
1. Certificate of insurance required; amount of coverage.
A. Each person filing an application for a permit to conduct a parade
shall provide to the Borough a certificate of insurance evidencing
that the applicant maintains insurance which will protect that person
and the Borough of Rankin from claims for damages for personal injury,
including accidental death, as well as claims for property damages
which may arise from the conduct of the parade or any related assembly.
Excluded from any claim for damages will be damages related to persons
objecting to the content of the proposed or actual message of the
applicant. The amounts of insurance coverage shall be as follows:
(1)
Public liability insurance in an amount of not less than $1,000,000
for injuries, including accidental death, to any one person.
(2)
Property damage insurance in an amount of not less than $1,000,000.
B. The certificate of insurance shall name the Borough of Rankin as
an additional insured and shall be provided by an insurance company
authorized to do business in the Commonwealth of Pennsylvania.
2. No permit authorizing the conducting of a parade or related assembly
will be issued prior to receipt of a certificate of insurance that
complies with this section, as accepted by the Borough.
[Ord. No. 550, 11/10/2020]
1. Application Fee. Every applicant for a permit to conduct a parade
or assembly shall pay an application processing fee, as established
by resolution of the Borough Council.
2. Deposit Fee. In addition to the application fee, a refundable deposit
fee shall be charged to any person or organization applying for a
parade or assembly permit, to guarantee that no Borough facilities
or equipment are removed, damaged or rearranged; parade or walk signs
or markings are removed; and public rights-of-way are cleaned of litter
and debris and left in acceptable condition.
A. The amount of deposit required shall be based on the number of people
estimated to participate in the parade, walk or assembly.
B. The deposit fee shall be refunded to the applicant within 30 days
after the parade, walk or assembly if Borough facilities or equipment
utilized, if any, or public rights-of-way are found to be left in
acceptable condition. If an inspection by the Borough after the parade,
walk or assembly finds that any Borough facilities or equipment utilized,
if any, are not left in acceptable condition or parade or walk signs
or markings have not been removed or public rights-of-way are littered
or otherwise not left in acceptable condition, then the deposit fee
shall be retained by the Borough to offset the costs of repairs and/or
cleanup by the Borough.
C. The schedule of deposit fees may be amended from time to time by
resolution of Borough Council.
3. Application fees and deposit fees may not be waived.
[Ord. No. 550, 11/10/2020]
1. The permit application for a parade or assembly permit shall be approved,
with any modifications deemed appropriate, or disapproved not less
than 15 days prior to the scheduled date of the parade or assembly
as shown on the application.
2. Standards of Issuance. The Rankin Police shall not issue a parade
or assembly permit if it is found that:
A. The time, route and size of the parade or assembly requested by the
applicant will disrupt to an unreasonable extent the movement of vehicle
traffic in or through the Borough; or
B. The applicant is unable to demonstrate that satisfactory arrangements
have been made for traffic control for or during the parade or assembly
or for ensuring the safety of participants and the general public;
or
C. The parade or assembly will interfere with another parade or assembly
for which a permit has been issued.
3. Standards for Denial. The Rankin Police shall deny an application
for a parade or assembly permit and notify the applicant of such denial
if:
A. The information contained in the application is found to be false
or incomplete in any material detail;
B. The applicant has not tendered the required insurance certificate
and/or the required proof of arrangements for safe traffic control;
C. The applicant is legally incompetent to contract or to sue or be
sued;
D. The applicant or person on whose behalf the application for the permit
was made has on prior occasions damaged Borough property and has not
paid in full for such damages or has other outstanding and unpaid
debts to the Borough;
E. The use or activity proposed by the applicant would conflict with
a previously issued permit to another applicant or would conflict
with previously planned programs organized and conducted by the Borough
and scheduled for the same time and place;
F. The proposed use or activity is prohibited by or inconsistent with
the classifications and uses of any street, park or other public facility
or place in the Borough;
G. The proposed use or activity would present an unreasonable danger
to the health or safety of the applicant or other users of any street,
park or other public facility or place in the Borough, of Borough
employees or of the public;
H. The applicant has not complied with or cannot comply with applicable
ordinances, regulations or requirements of the Borough concerning
the sale or offering for sale of goods or services; or
I. The applicant refuses to comply with any or all conditions of the
permit.
4. Notice of Denial. If a permit is denied, the denial shall clearly
explain the reasons for the denial and what, if anything, must be
done to correct the reason for denial.
[Ord. No. 550, 11/10/2020]
1. In each permit issued by the Rankin Police, the permit shall specify:
A. The date of the parade or assembly.
B. The starting time and anticipated ending time of the parade or assembly.
C. The route of the parade or assembly.
D. Such additional requirements as are found by the police to be reasonably
necessary for the protection of persons or property.
[Ord. No. 550, 11/10/2020]
1. Upon a denial or significant modification by the Rankin Police of an application made pursuant to §
10-305 of this chapter, the applicant may appeal from the determination within five days thereafter to the Borough Council by filing a written notice of appeal. Borough Council may affirm, reverse or modify in any regard the determination.
2. In the event that an application is not filed within the time required by §
10-305, the applicant may request a waiver of such requirement by Borough Council at its next regular meeting, and Borough Council may, in its sole discretion, waive such requirement if it finds unusual circumstances justifying the applicant's delay.
[Ord. No. 550, 11/10/2020]
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.
[Ord. No. 550, 11/10/2020]
1. Any permit for a parade or assembly issued pursuant to this chapter
may be summarily withdrawn or revoked by the Borough Secretary at
any time when, by reason of the occurrence of a disaster, public calamity,
emergency or severe adverse weather conditions, the Borough Secretary,
together with the Mayor and Rankin Police, determines that the safety
of the public or property requires such revocation.
2. Any permit for a parade or assembly issued pursuant to this chapter shall be revoked if the applicant has not paid any required fees or deposits as provided for in §
10-307 above.
3. Any permit for a parade or assembly issued pursuant to this chapter
may also be revoked by the Borough Secretary if there shall have been
committed any breach of the terms and conditions under which the permit
was issued or a violation of the terms of this chapter.
4. If a permit is revoked, the revocation shall clearly explain the
reason for the revocation and what, if anything, must be done to correct
the reason for revocation. Notice of such action revoking a permit
shall be delivered in writing to the permittee by personal service
or by certified mail.
[Ord. No. 550, 11/10/2020]
1. A permit shall not be required for any of the following functions:
C. 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.
D. Parades sponsored by the Borough of Rankin.
[Ord. No. 550, 11/10/2020]
No person shall knowingly join in any parade or assembly conducted
under a permit issued by the Rankin 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.
[Ord. No. 550, 11/10/2020]
The Rankin 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
Rankin 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.
[Ord. No. 550, 11/10/2020]
1. Any person or persons, firm or corporation who shall violate any
of the provisions of this chapter, upon conviction thereof, shall
be liable to pay a fine or penalty not to exceed $1,000 for each and
every offense. All fines and penalties imposed by this chapter are
recoverable by summary proceedings before the Magisterial District
Judge, and all suits or actions at law instituted for the recovery
thereof are to be in the name and for the use of Rankin Borough, against
which the offenses are committed. In default of payment of any fine
or penalty imposed by a Magisterial District Judge under the provisions
of this chapter, the person or persons so offending may be committed
to the Allegheny County Jail for a period not exceeding 30 days.
2. Each day a violation is committed shall constitute a separate offense
and shall be punishable as such hereunder.
3. This section shall not preclude the Borough from any other remedy
it may have at law or equity.
[Ord. No. 550, 11/10/2020]
If any section, subsection, paragraph, sentence, clause or phrase
of this Part or any part thereof, is or for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such court decision, holding or ruling shall not affect
the validity or effectiveness of the remaining portions of this Part.