[Adopted 3-22-2007 by Ord. No. 1596; amended
in its entirety 11-30-2021 by Ord. No. 1803]
A.
The streets in possession of the City (to include state highways
that pass through the City) are for use of the public in the ordinary
way. However, under proper and uniform circumstances, special street
use may be allowed subject to reasonable regulation and control. This
article is intended to regulate and control the use of streets used
for parades and special events pursuant to a street use permit to
the end that health, safety and the general welfare of the public
and the good order of the City can be protected and maintained.
B.
Any parade or special event conducted upon City streets will be allowed
only upon issuance of a street permit by the City of Butler. City
Council will annually designate a Parade Manager as the City official
authorized to issue, on behalf of the City Council of the City of
Butler, a street permit to individuals or organizations who sponsor
a parade or special event.
C.
This article does not apply to funeral processions, movement of students
to or from their school house or to governmental agencies conducting
their principal work.
D.
Definitions and word usage.
(1)
BLOCK PARTY
CITY
PARADE MANAGER
SPONSOR
STREET
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this article, except where
the context clearly indicates a different meaning:
A street closure of a single block or portion thereof for
the purpose of a neighborhood gathering initiated by a resident of
that block.
The City of Butler, Butler County, Pennsylvania.
An appointed member of City management that includes but
is not limited to the City Clerk, Fire Chief, and Police Chief.
The agency sponsoring the parade or public event.
That portion of the public right-of-way normally used for
vehicular traffic. The words "street" and "highway" shall have the
same meaning.
(2)
The words "he," "she," "him" and "her" represent both the masculine
and feminine genders.
A.
A standard street use permit is required for the temporary closure
of any portion of a City street (to include state highways that pass
through the City) for a timed event, festival, parade or other special
event.
B.
Street use permits issued under this article are not transferable
to any other person or entity.
C.
The City's Parade Manager is hereby authorized to prescribe
the conditions governing any street use under this article, including
the designation of the routes to be followed by the sponsor, rerouting
of normal traffic, designating and restricting parking areas, placement
of temporary control devices, assignment of police officers for traffic
and pedestrian control or any other steps he deems appropriate.
D.
The sponsor shall pay the City a fee identified in the City List
of Fees to apply for a street use permit based on the length of street
closings. Block parties will be assessed a block party fee. Events
lasting four hours or less will be assessed a parade fee while events
lasting more than four hours will be assessed an event fee. The fees
will be reviewed annually and will be based on 25% of the estimated
costs incurred by the City for the event. In the event the City experiences
significantly higher costs than normal, the City reserves the right
to bill the sponsor for those additional costs within 30 days with
payment due within 30 days.
E.
In the event that the City of Butler is a sponsor or a co-sponsor
of a parade or event, Council may vote to absorb the fee.
[Amended 1-27-2022 by Ord. No. 1809]
A.
A written application for a street use permit by persons or groups
desiring the same shall be made on a form provided by the City. Forms
are available in the office of the City Clerk, and completed applications
will be returned to that same office.
B.
The application form shall set forth the following information regarding
the proposed street use:
(1)
The name, address, telephone number, facsimile number and email address
of the applicant(s) or sponsor(s) of the event and contact person(s).
(2)
If the proposed street use is to be conducted for, on behalf of,
or by an organization, the name, address, and telephone of the headquarters
of the organization and the authorizing heads of such organization.
(3)
The date(s) and duration of the time for which the requested use
of the street is proposed to occur. The applicant shall provide the
requested times of the proposed street closing and reopening.
(4)
An accurate description of that portion of the street proposed to
be used, including a map or drawing.
(5)
The estimated number of participants and attendees.
(6)
The proposed use, described in detail, including a description of
the activities planned.
(7)
After submission of the application, the sponsor shall be expected
to provide additional information that may be requested by the Parade
Manager.
C.
Applications for street use shall be submitted no later than 30 days
prior to the date of the sponsor's event.
D.
Upon receipt of a completed application and the nonrefundable application
fee, the City Clerk shall immediately forward copies of the complete
application with supporting documentation to the Parade Manager.
(1)
The Parade Manager shall review the application to determine whether
it is complete.
(2)
If the application is complete and involves the closure of a state
road, the Parade Manager will forward the application to PennDOT for
its approval.
(3)
The approval or denial of a completed application by the Parade Manager
shall be made to the applicant as soon as reasonably practicable.
If the closure requires PennDOT approval, no notification will be
made until a decision is made by PennDOT.
All related licenses and permits required by the City of Butler
shall be obtained by the sponsor. The Parade Manager will advise which
additional licenses and permits may be required based on information
provided by the applicant.
A.
The applicant for a street use permit agrees to indemnify and hold
harmless the City of Butler, its employees and agents and to waive
his/her right to subrogation for his/her parade or special event.
B.
The applicant shall indemnify, save harmless, and defend (if requested)
the Commonwealth of Pennsylvania, the Department of Transportation,
and their officers, agents, and employees from any and all claims,
suits, or actions for injuries, death and/or property damage arising
out of the procession, assemblage, or special activity identified
in this permit where the claim, suit, or action was caused by the
applicant, its officers, agents, and employees, the event participants,
support staff, event officials, volunteers, medical support, technical
support, media vehicles, event communications staff, the traveling
public, general public, or spectators.
C.
The applicant or sponsor shall furnish the City with a certificate
of insurance covering his/her event in the amount of $1,000,000.
In the event that the Parade Manager denies an application for
a street use permit, the sponsor may file an appeal of such denial
to the City Council of the City of Butler. City Council will review
any appeals and issue a final decision at its next regularly scheduled
meeting. Aggrieved parties may seek relief through the Butler County
Court of Common Pleas.
