[3-23-2022 by Ord. No.
3796-2022]
Freedom of speech and association are among those precious rights
guaranteed and protected by the United States and Pennsylvania Constitutions.
The law gives the City the ability to balance those rights with its
interests in regulating competing uses of public space, protecting
its citizens, and preserving City and public property. As a municipal
government, the City may enact contentneutral restrictions on the
time, place, and manner of such expression in order to promote such
significant government interests. The purpose of this article is to
set forth the circumstances under which the City will regulate First
Amendment activity.
[3-23-2022 by Ord. No.
3796-2022]
For the purposes of this article, the following definitions
apply:
Refers to the person or group sponsoring or organizing an
event and applying for a permit required under this article.
Includes all expressive and associative activity intended
to communicate an opinion or to state a grievance and does not include
such activities as pet shows, ethnic food festivals, art shows, civic
holiday celebrations and similar events.
Refers to the gazebo structure and that area of Diamond Park
within an area extending 25 feet in any direction from the outer wall
of the gazebo.
Includes all expressive and associative activity that is
protected by the United States and Pennsylvania Constitutions, including
speech, press, assembly, and/or the right to petition.
A march, procession, organized movement, or motorcade consisting
of persons, vehicles, or a combination thereof that is: 1) held with
an intent to attract attention; 2) takes place upon streets within
the City or on streets within a City park; and 3) interferes or has
a tendency to interfere with the normal flow or regulation of pedestrian
or vehicular traffic or does not comply with normal and usual traffic
regulations or controls.
Refers to those individuals, including but not limited to
the applicant, who take part in the activities of the parade, public
assembly, or the permitted use of the Diamond Park gazebo by invitation
of the applicant.
Any person, firm, partnership, association, corporation,
society, company, or organization of any kind.
A group activity of any type, including a demonstration,
march, meeting, parade, protest, rally, or vigil, festival, show,
exhibit, event, etc., as a result of prior planning and that interferes
or may interfere with the normal flow or regulation of pedestrian
or vehicular traffic upon the streets, parks, sidewalks, or other
public grounds within the City or does not comply with normal and
usual traffic, regulations or controls; or which occupies any public
area open to the general public to the exclusion of others. For purposes
of this article, the use associated with the rental of the Diamond
Park gazebo or other City structures for weddings, birthday parties
and similar private activities is not public assembly.
[3-23-2022 by Ord. No.
3796-2022]
No person shall engage in, be a part of, participate in, or
start any parade or public assembly (as defined in this article) upon
any street, lane, alley, highway, sidewalk, park, or any other public
place within the City unless a permit has first been obtained for
such parade or public assembly from the City Clerk's office.
If such permit shall be for public assembly, as defined by this article,
said permit shall be denominated a special event permit which must
be conspicuously posted by the permittee at the site of the public
assembly. If such permit shall be for a parade, said permit shall
be denominated a race and parade permit which must be conspicuously
carried by the permittee along the route of the parade for the duration
thereof.
[3-23-2022 by Ord. No.
3796-2022]
No person may use the Diamond Park gazebo to the exclusion of
others without first obtaining a race and parade permit or a special
event permit and paying the applicable reservation fee. Only those
persons with a valid race and parade permit or special event permit
may use the columns and rails of the gazebo itself for bunting, signs,
symbols, flags or things of that nature, upon a written commitment
by the applicant to remove all items attached pursuant thereto and
to indemnify and save the City harmless from any and all costs related
to the removal thereof, and to the repair of any defacement or damage
to the gazebo as detailed in the permit application for the use of
the Diamond Park gazebo, along with a detailed description of items
intended for display on the columns and rails of the gazebo. No person
shall be granted more than four permits in any twelve-month period.
[3-23-2022 by Ord. No.
3796-2022]
An applicant seeking issuance of any permit under this article
not involving core First Amendment activities shall file an application
on forms as provided by the City with the City Clerk's office
not less than 30 days nor more than 180 days prior to the date of
the permitted activity, absent reasonable exigent circumstances, on
which it is proposed to conduct the parade or public assembly or to
use the Diamond Park gazebo. Persons seeking permits to conduct core
First Amendment activities shall, absent reasonably exigent circumstances,
file applications not less than four nor more than 60 days prior to
the date on which it is proposed to conduct the parade or public assembly
or to use the Diamond Park gazebo.
[3-23-2022 by Ord. No.
3796-2022]
The City Clerk shall make appropriate consultations with the
Police Chief, Fire Chief, and Public Works Director in reviewing applications
for permits under this article. The City Manager shall make the final
decision on the issuance of the permit within five business days of
the completion of consultations with the Police Chief, Fire Chief,
and Public Works Director, and notification shall be given by the
City Clerk to the applicant, in writing, as to whether the permit
shall be issued or denied. If there are reasonable exigent circumstances,
the City Clerk shall attempt to act upon pending applications more
quickly.
[3-23-2022 by Ord. No.
3796-2022]
An application for a permit as described in this article shall
set forth the following information insofar as applicable, as well
as any other information as may reasonably be requested on the permit
application:
(A)
The name, address and telephone number of the person seeking to conduct
such parade, public assembly, or use of the Diamond Park gazebo.
(B)
If the parade, public assembly or use of the Diamond Park gazebo
is proposed to be conducted for, on behalf of, or by an organization,
the name, address and telephone number of the headquarters of that
organization and of the authorized heads of such organization, and
also a communication, in writing, shall be filed with the City Clerk
by the person proposing to hold the parade, public assembly or to
use the Diamond Park gazebo authorizing the applicant to apply for
the permit on behalf of the organization.
(C)
The name, address and telephone number of the person or persons who
will oversee and be responsible for the conduct of participants during
the permitted activity.
(D)
The date and location of the parade, public assembly, or use of the
Diamond Park gazebo to be conducted and the route to be traveled with
the starting point and termination point for a parade, race, or other
such event.
(E)
The hours when such parade, public assembly or use of the Diamond
Park gazebo will start and terminate, and the approximate number of
persons and/or vehicles constituting or participating in such parade,
public assembly, or use of the Diamond Park gazebo.
(F)
A site diagram noting the general locations of structures, obstructions,
activities, etc., occurring as part of the permitted activity.
(G)
A detailed event description outlining what is expected to occur
during the permitted activity.
(H)
With respect to use of Diamond Park gazebo, whether the applicant
intends to display bunting, signs, symbols, flags or similar objects,
and a description of these items if the applicant desires to attach
these items to the gazebo during the use period.
[3-23-2022 by Ord. No.
3796-2022]
The City Clerk shall issue a race and parade permit or special
event permit on a first-come-first-served basis, unless from a consideration
of the application and from such other information as may be otherwise
obtained, they find that:
(A)
The use or activity intended by the applicant would present an unreasonable
danger to the health or safety of the applicant, other users of the
public property, or of City employees.
(B)
The application for the permit (including any required attachments
and submissions) is not fully completed and executed.
(C)
The application for such permit contains material falsehood or misrepresentation.
(D)
The applicant is legally incompetent to contract or to sue and be
sued.
(E)
The applicant or the person on whose behalf the application for permit
was made has, on prior occasions, damaged public property and has
not paid in full for such damage.
(F)
The use or activity intended by the applicant will conflict with
previously planned programs organized and to be conducted by the City
or another group scheduled for the same time and place.
(G)
The application for such permit was received less than 30 days prior
to the planned activity listed on the permit.
(H)
A fully executed prior application for permit for the same time and
place within the City has been received, and a permit has been or
will be granted to a prior applicant authorizing uses or activities
which do not reasonably permit multiple occupancy of the location
within the City.
[3-23-2022 by Ord. No.
3796-2022]
Except for the uses as set forth above, no person shall make
any use of the Diamond Park grounds or any monument or memorial within
Diamond Park for the purpose of supporting or exhibiting any signs,
symbols, flags or things of any nature or description whatsoever.
Nothing in this section shall limit the right of the City to make
any and all uses of Diamond Park and all facilities, monuments and
memorials therein for public gatherings and observances sponsored
and conducted by the City, or the right of any person to hold any
sign, flag, poster or thing of any nature or description as a communication
within Diamond Park without utilizing the grounds, trees, plants,
monuments and memorials within Diamond Park as a support therefor.
[3-23-2022 by Ord. No.
3796-2022]
No parade or public assembly shall form, march, or assemble
except at such time, place or route or be of different character or
purpose than as set out in the permit issued pursuant to the application.
No person shall participate in a parade or public assembly as described
herein prior to the compliance with the provisions of this article.
[3-23-2022 by Ord. No.
3796-2022]
This article shall not apply to funeral processions or any governmental
agency acting within the scope of its authority.
[3-23-2022 by Ord. No.
3796-2022]
In addition to the regulation of exclusive uses of the Diamond
Park gazebo provided in this article, no person shall make any use
of any other City-owned structure to the exclusion of others without
first obtaining a permit therefor and without paying any security
deposit, fee or charge as may from time to time be required hereunder.
[3-23-2022 by Ord. No.
3796-2022]
The City Council may, from time to time by resolution, authorize,
impose, and collect reasonable security deposits, fees and charges
for permit applications. Such fees and charges may be flat fees or
charges for the use of specific City facilities (e.g., the Diamond
Park gazebo, picnic shelters, etc.) or may be based upon the reasonably
anticipated costs to the City arising from each proposed parade or
public assembly.
[3-23-2022 by Ord. No.
3796-2022]
Any and all uses of City property for any and all activities
that do not constitute core First Amendment activities as defined
in this article shall be subject to the following insurance conditions
and requirements:
(A)
No person shall engage in, be a part of, participate in, or start
any parade or public assembly (as defined in this article) upon any
street, lane, alley, highway, sidewalk, park, or any other public
place within the City without current and applicable policies of insurance
in effect meeting the minimum requirements of Pennsylvania law.
(B)
No permit shall be granted without current and applicable policies
of comprehensive general liability insurance in effect providing minimum
coverage of $1,000,000 per person and $1,000,000 in the aggregate
for bodily injuries, death, and property damage claims on a per occurrence
basis.
(C)
The City, its officials, officers, agents, and volunteers shall be
named as additional insureds upon any and all policies of insurance
that provide the required coverage.
(D)
Permittees shall provide certificates of insurance to the City Clerk
and other information as may be required to confirm that the coverages
required are in effect. Proof of the existence of any and all required
insurance shall be a condition precedent to the issuance of any permit
to which this section applies.
[3-23-2022 by Ord. No.
3796-2022]
Each applicant for a race and parade or special event permit
or for use of the Diamond Park gazebo or any other City structure
not involving core First Amendment activities as defined in this article
shall, as a condition of the issuance of any permit, execute an indemnification
agreement provided by the City providing that the applicant will indemnify
and hold the City harmless with respect to any liability to any person
resulting from damage or injury occurring in connection with the permitted
event proximately caused by the action of the speaker, applicant or
organizer of the parade or public assembly or the use of the Diamond
Park gazebo or other City facility.
[3-23-2022 by Ord. No.
3796-2022]
Whoever violates any provisions of this article shall be fined
not more than $1,000 and, in default of payment thereof, shall be
imprisoned not more than five days.
