The following chapter, which shall be effective as provided
herein, shall govern the time, place and manner of holding certain
special events on City roads, on City property, and on private property
when an event has the potential for impact upon health, fire, police,
transportation and other services. The regulations provided herein
are enacted in order to promote the health, safety and welfare of
all the persons in the City, residents and visitors, by ensuring that
special events do not create disturbances, become nuisances, menace
or threaten life, health and property, disrupt traffic or threaten
or damage private or public property. It is not the intent of this
chapter to regulate in any manner the content of speech or infringe
upon the right to assemble, except for the time, place and manner
of speech and assembly, and this chapter should not be interpreted
nor construed otherwise.
This chapter imposes regulatory requirements on certain activities
which are held on Greensburg City streets, Greensburg City property
and private property (to the extent they have the ability to impact
others use of public property), which are defined as "special events."
The requirements imposed by this chapter do not alter, supersede or
nullify any requirements contained in other statutes, ordinances or
regulations which may also regulate these same activities. These requirements
shall be applied in a content-neutral manner and without discrimination
as to race, religion, sex, national origin, political affiliation
or other unlawful discriminatory classification. This chapter shall
not apply to the following events:
A. Events or assemblies occurring inside permanently established, fully
enclosed places of assembly, such as a place of worship, public auditorium,
theater, recreation hall, gym, or other enclosed structure designed
primarily for housing and assembly of people, provided that the maximum
number of persons expected to attend or in actual attendance does
not exceed the maximum capacity of the enclosed place of assembly.
B. Events or assemblies in conjunction with school events on school
property, church events on church property if designed for that use,
or government-sponsored public hearings.
For the purpose of this chapter, the following words shall have
the following meanings:
ATHLETIC EVENT
An organized competitive or recreational event in which a
group of people collectively engage in a sport or form of physical
exercise, including but not limited to running, jogging, walking,
bicycling or skating, on any City street or upon public property.
ENTERTAINMENT EVENT
An organized event having as its primary purpose the entertainment
or amusement of a group of people, including but not limited to parades,
carnivals, fairs, festivals, sales, for-profit activities, concerts,
block parties or neighborhood gatherings on public property. Also
included are farmers markets, ethnic festivals, car cruises, vendor
sales, being any event that has vendors selling items, food, garden
vegetables and any other type of general items for sale, whether new,
used, or craft items.
FIRST AMENDMENT ACTIVITY
All expressive and associative activity that is protected
by the United States and Pennsylvania Constitutions, including speech,
press, assembly and the right to petition, picketing, protesting,
marching, demonstrating or debating public issues, on any City street
or upon property owned by the City of Greensburg. This definition
excludes any and all commercial or for-profit activities.
SPECIAL EVENT
Any athletic event, entertainment event or first amendment
activity, whether held for profit, nonprofit or charitable purposes
on City property, streets or rights-of-way, or on private property
when an event thereon has the potential for impact upon health, fire,
police, transportation and other services. A special event may occur
once or may occur a series of times in a calendar year, being January
1 through December 31.
It is unlawful for any person, corporation, partnership, association
or other entity, public or private, to promote, advertise or hold
a special event without first obtaining a special event permit and
paying the fees as required in this chapter.
The provisions of this chapter shall not be applied to regulate
the use of traditional public forums as alternative channels of communication
by the public, provided such use is for the free exercise of constitutionally
protected activities and does not disrupt or interfere with traffic
on public streets or the use of public places by other members of
the public. If the event includes commercial or for-profit activities,
it shall not be exempt.
Special event permit application forms may be obtained from
the City of Greensburg, 4016 South Main Street, Greensburg, PA 15601.
A. All applications for special event permits shall be made on a special
event permit application form and shall include the following information:
(1) Type and description of event;
(2) Name of the sponsoring entity, contact person, address and telephone
number;
(3) Name of the promoting entity, contact person, address and telephone
number;
(4) Proposed date(s) of the event, together with beginning and ending
times for each date;
(5) Proposed location, including a plat or map of the proposed area to
be used, including any barricade, street route plans or perimeter/security
fencing;
(6) Estimated numbers of event staff, participants and spectators;
(7) Public health plans, including plans for culinary water supplies,
solid waste collections and disposal and wastewater (toilet facilities);
(8) Fire prevention and emergency medical services plans;
(9) Security plans and/or law enforcement response (if law enforcement
presence is requested by the applicant or deemed necessary by the
City, an extra-duty service agreement shall be required);
(10)
Admission fee, donation, or other consideration to be charged
or requested;
(12)
Liability insurance information and copy of declaration page,
as required by this chapter; and
(13)
If the event is a residential block party or other event planned
within a residential area, the applicant must collect and submit with
the application form a list of signatures consenting to the street
closure from all neighbors whose vehicular access to their property
is affected by the street closure.
B. The applicant for a special event permit shall submit a copy of the
application to the City of Greensburg Administration Office. A special
event permit shall require review of the following departments, at
the discretion of the Administrator:
(1) Administration Department and Solicitor, to review the application, confirm compliance with Chapter
229, and to issue any necessary agreements;
(2) Police Department, to review law enforcement, traffic and public
safety related matters;
(3) Greensburg Volunteer Fire Department and the Greensburg and Westmoreland
County Emergency Management Agencies, to review traffic and public
safety related matters;
(4) Public Works Department, to review all matters related to the use
of public property and infrastructure;
(5) Planning Department, to ensure code compliance and application for any mobile food related permits under Greensburg Code Chapter
127;
(6) Building Inspector, if any temporary facilities are to be constructed
or special electrical supplies are considered or warranted;
(7) Fiscal Department, to ensure payment of any applicable fees;
(8) Mayor and Council, if the applicant propose that alcohol be consumed
during the event.
C. In reviewing an application, the agencies or departments involved
shall consider the following:
(1) The impact of the special event on the traffic, security, health
and safety of the public and the plans of the applicant to address
such impacts;
(2) A determination by the agency that the plans for addressing any such
impacts are appropriate and reasonable to address traffic, security,
health and safety concerns, and an evaluation of the measures proposed
by the applicant to satisfy those requirements;
(3) The demonstrated ability of the applicant to comply with requirements
necessary to protect the safety, health and welfare of the public
and the past history of the applicant in complying with such requirements;
(4) The location and duration of the special event and the City's
ability to accommodate the event with the necessary resources; and
(5) Other previously approved special events that could cause scheduling
conflicts during the same period and cause overextension of the City
or county's resources.
D. The agencies involved in reviewing an application may impose additional
requirements or conditions necessary to protect the public interest
by ensuring traffic management, security of property, or the health
and safety of the public.
E. Insurance required.
(1) No special event permit shall be issued unless and until the applicant
has submitted a certificate of insurance listing the City of Greensburg
as an additional insured on an occurrence policy issued by an insurance
company authorized to do business in the state, showing comprehensive
general liability and property damage coverage for the event with
minimum limits of $1,000,000 for injury or death for one person in
any one occurrence; $3,000,000 for injury or death for two or more
persons in any one occurrence; and $500,000 for property damage in
any one occurrence. If alcohol is planned to be consumed during the
event, liquor liability insurance must be provided, naming the City
as additional insured, with limits of $1,000,000 per occurrence, $2,000,000
aggregate.
(2) The following special events shall be exempt from the insurance requirements
set forth in this section:
(a)
First amendment activities;
(b)
Events sponsored in whole by the City; and
(3) In consideration for the issuing of a special event permit, the applicant
shall agree to indemnify, save harmless and defend the City of Greensburg,
its officers and employees against any claim for loss, damage or expense
sustained by any person on account of injury, death or property damage
occurring by reason of or arising out of the special event. Organizers
of first amendment activities shall be exempt from this indemnification
provision, unless the applicant, or their agents, organizers or performers,
proximately caused said loses.
(4) By issuing a special event permit, the City makes no guarantees and
assumes no liability for the safety of participants or spectators
of special events.
Any permit applicant desiring to appeal an administrative decision
of the permits section concerning the denial of a special event permit
may petition the Greensburg City Council. All appeals shall be in
writing, shall state the specific grounds for the appeal, and shall
be filed in the City Administrator's office within seven calendar
days after the date the applicant received notice of the administrative
denial. An applicant aggrieved by the decision of the Greensburg City
Council may seek judicial review of such decision pursuant to state
law.
Should a person violate any of the provisions of this Chapter
229 shall be guilty of a summary offense, and upon conviction thereof in a court of competent jurisdiction, shall be subject to a fine of $1,000 per violation. The City of Greensburg Police Department, in its discretion, may stop an event which has been issued a permit and/or may issue citations where event staff or participants violate state statutes or county ordinances, terms or conditions specified in the application, and including, but not limited, to traffic rules and regulations, disturbing the peace, public nuisance, failure to disperse, trespassing or other health and safety regulations.