[Adopted 3-29-2021 by Ord. No. 875-21]
As used in this article, the following terms shall have the meanings indicated:
PUBLIC GATHERING
Any assembly of people for the purpose of public amusement, entertainment, business purpose, community festival or event, or similar gathering in or upon any street, park, or other public park in the Borough. Gatherings on sidewalks that do not block sidewalks are not public gatherings.
No parade or public gathering shall be conducted by any person upon any street, park, or other public place in the Borough of Zelienople without first obtaining a special event permit from the Borough Council though the Borough Manager. No person shall participate in a parade or public gathering prior to full compliance with the provisions of this article. The Borough Manager shall inform Borough Council concerning the granting and issuance of any special event permit. The granting of a special event permit shall not constitute an endorsement of the applicant by the Borough of Zelienople.
A. 
Borough Council will promulgate reasonable rules and regulations for parades and public gatherings consistent with this article and to establish a special event permit application and form, and require such documents as may be deemed necessary.
B. 
Filing period. An application for a special event permit shall be filed with the Borough Manager, not fewer than 28 days in advance of the proposed parade date. Where good cause is shown, the Borough Manager shall have the authority to consider any application hereunder which is filed fewer than 28 days in advance of the proposed parade or public gathering date.
C. 
Application contents. The following information shall be included on said application:
(1) 
Name, address and telephone number of the person seeking to conduct such parade or public gathering and requesting the special event permit.
(2) 
If the parade or public gathering 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.
(3) 
The name, address and telephone number of the person or persons who will be in charge of and who will be responsible for its conduct; a concise statement of the purpose of the parade or public gathering.
(4) 
The date when the parade or public gathering is to be conducted and the hours when such parade or public gathering will start and terminate.
(5) 
The route to be traveled, the starting point and the termination point, including a map depicting the course of the parade or the location of the parade or public gathering.
(6) 
A statement as to whether the parade or public gathering will occupy all or only a portion of the width of the streets or public land proposed to be traveled.
(7) 
The location, by streets, of any assembly (formation and disbanding) areas for such parade or public gathering, including time at which units of the parade or public gathering will begin to assemble. If assembly area is on private property, the name, address and telephone number of the property owner and/or a letter of permission for the assembly or gathering.
(8) 
The approximate size and length of the parade or the geographic area of the public gathering, including the approximate number of persons and vehicles involved in the parade or public gathering, including number and types of animals (if any).
(9) 
Any additional information which the Borough Manager shall find reasonably necessary in order to make a determination as to whether a special event permit application is in compliance with the requirements of this article and the rules and regulations adopted pursuant hereto and a special event permit can be issued.
The cost of a special event permit shall be established by resolution from time to time.
A. 
Each person filing an application for a special event permit shall provide the Borough with a certificate of insurance evidencing that said person maintains insurance which will protect that person and the Borough of Zelienople 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. 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 such insurance shall be as follows: public liability insurance in an amount of not less than $1,000,000 for injuries, including accidental death, to any one person and property damage insurance in an amount of not less than $1,000,000. The certificate of insurance shall name the Borough of Zelienople as an additional insured and shall be provided by an insurance company authorized to do business in the Commonwealth of Pennsylvania and acceptable to the Borough.
B. 
If the parade or public gathering will include the sale, service, or consumption of alcohol, proof of liquor liability insurance coverage in an amount of not less than $1,000,000 per occurrence must also be provided, with such policy naming the Borough of Zelienople as an additional insured with said policy being provided by an insurance company authorized to do business in the Commonwealth of Pennsylvania and acceptable to the Borough.
C. 
If a public gathering is a block party, defined as an event sponsored by and attended by residents of said street, and involving the closure of one block of a street maintained by the Borough, then the Borough Manager is authorized to waive the insurance requirements set forth herein, at the Manager's discretion.
D. 
The special event permit will not be issued prior to receipt of the required certificate of insurance.
E. 
If the parade or public gathering will include the sale, service, or consumption of alcohol, the Borough may require the applicant to provide private security for the event in an amount as determined to be necessary by the Chief of Police.
A. 
The Borough Council shall have the authority to designate an alternate date, time, duration, or course for any parade or public gathering for which a special event permit is requested. This authority shall be exercised to accommodate competing demands on the use of public streets, parks, and public places. In addition, the Borough Council may adopt any reasonable conditions to better protect the public and ensure compliance with this article. Any time, place, and manner limitations must not be based on the content of the message, must be narrowly tailored to serve a significant governmental interest, and must leave open ample alternatives for communication.
B. 
The Chief of Police shall have the authority to determine the necessary personnel, supplies, and equipment for any parade or public gathering. Acceptance of the special event by the applicant shall constitute acceptance of all permit conditions. NOTE: The Borough is not required to close streets for security (i.e., protection of the applicant or the participants or spectators of the parade or public gathering related to their actual or proposed message) purposes and is not required to provide police for security purposes at parades or public gatherings.
The Borough Manager, provided the other requirements of this article are met, shall issue a special event permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, it is determined that:
A. 
The conduct of the parade or public gathering will not so substantially interrupt the safe and orderly movement of traffic within the Borough on and contiguous to the proposed route or at the proposed location so as to create a real and present danger to the health, safety and welfare of the residents of the Borough.
B. 
The conduct of the parade or public gathering will not create a real and present danger to the health, safety and welfare of the citizens of the Borough by preventing firefighting equipment, ambulances, rescue vehicles and/or police vehicles from being able to reach any property in the Borough.
C. 
The conduct of such parade or public gathering 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 conduct of a parade or public gathering shall not require the diversion of so great a number of personnel as to impair normal police services within the Borough.
E. 
The concentration of persons, animals and vehicles at assembly points of the parade or public gathering will not unduly interfere with proper fire and police protection or ambulance services to areas contiguous to such assembly areas.
F. 
The conduct of such parade or public gathering will not interfere with the movement of emergency services en route to an emergency.
G. 
The conduct of the parade or public gathering is not reasonably likely to cause injury to person or property, to provoke disorderly conduct or to create a disturbance. This excludes content of message.
H. 
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route or the public gathering will not unduly interfere with the movement of the public or emergency services.
I. 
The parade or public gathering is not designed to be held primarily for private profit.
All alcoholic beverages shall be consumed from disposable or nondisposable glassware or other drinking utensil provided by the permit holder. No alcoholic beverage shall be consumed directly from the original bottle or can in which it was obtained from the brewer, distiller, or other maker. No alcoholic beverage intended to be removed from the site shall be sold in or transported by patrons from the sidewalk cafe area except where expressly authorized during an event open to the public pursuant to Chapter 174 of the Code of the Borough of Zelienople, entitled "Alcoholic Beverages."[1]
[1]
Editor's Note: See Ch. 174, Art. IV, Alcoholic Beverages.
All outdoor events open to the public, either on private property, not including establishments licensed by the Pennsylvania Liquor Control Board, or on public property, involving possession, distribution, or consumption of open containers of alcoholic beverages shall be governed by Chapter 174 of the Code of the Borough of Zelienople, entitled "Alcoholic Beverages."[1]
[1]
Editor's Note: See Ch. 174, Art. IV, Alcoholic Beverages.
Any person who shall violate the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of $50 plus the costs of prosecution, or in default of payment of same, to undergo imprisonment for five days for the first offense; $100 plus the costs of prosecution, or in default of payment, imprisonment for 10 days for the second offense; and $300 plus the costs of prosecution, or in default of payment, imprisonment for 90 days for the third offense and any offense thereafter.
The provisions of this article are declared to be severable, and if any section, subsection, sentence, clause, or part thereof is, for any reason, held to be invalid, unlawful, or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses, or part of this article.
All provisions of previous ordinances of the Borough of Zelienople which are contrary to this article are expressly repealed.