[HISTORY: Adopted by the Board of Supervisors of the Township of Springettsbury 10-27-2005 by Ord. No. 2005-13.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 209, Parades and Public Assemblies, adopted 9-23-2004 by Ord. No. 2004-10.
A. 
As used in this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning:
FUNERAL PROCESSION
A single direct movement from a mortuary to the place of burial of a human body, under direction of an authorized funeral director.
PARADE
A march or procession of any kind on public streets, roads, or sidewalks located within the Township, involving 25 or more individuals.
PERSON
Any individual, firm, partnership, association, corporation, company, or other organization.
PUBLIC ASSEMBLY
A planned or organized gathering of 25 or more individuals, or any ceremony, show, exhibition, dance or pageant which may be expected to result in the gathering of a group of 25 or more individuals, upon any public road, street, alley, highway, right-of-way, or sidewalk.
STREET
Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended for use by vehicular traffic or pedestrians. The word "street" includes the entire right-of-way and is not limited to the cartway area.
TOWNSHIP
Springettsbury Township, York County, Pennsylvania.
B. 
Any other term used in this chapter shall have the meaning set forth in the Pennsylvania Department of Transportation regulations.
It is unlawful for any reason to hold, manage, conduct, aid, participate in, perform, start or carry on any parade or public assembly as defined in this chapter unless a permit to conduct such parade or public assembly has been obtained in compliance with the provisions of this chapter, except as provided in § 209-3 herein.
This chapter shall not apply to any of the following:
A. 
Funeral processions;
B. 
A governmental agency acting within the scope of its functions; or
C. 
Groups of 24 persons or less.
A. 
Applications for permits under this chapter must be filed with the Township Manager or his designee, as follows:
(1) 
Persons who wish to use local roadways shall submit a permit application in accordance with the following provisions:
(a) 
Twenty-five to 50 individuals. A permit application shall be submitted five business days in advance of the event.
(b) 
Fifty-one to 250 individuals. A permit application shall be submitted 10 business days in advance of the event.
(c) 
More than 250 individuals. A permit application shall be submitted 15 business days in advance of the event.
(2) 
Persons who wish to use any sidewalks within the Township shall submit a permit application in accordance with the following provisions:
(a) 
Twenty-five to 50 individuals. A permit application shall be submitted three business days in advance of the event.
(b) 
More than 50 individuals. A permit application shall be submitted five business days in advance of the event.
(3) 
Applicants for permits for closures of local roadways or for the use of state-designated highways, including conventional highways, expressways, and freeways, shall be required to obtain permission from the Township and/or the Pennsylvania Department of Transportation (PennDOT). Applications for permits shall comply with all applicable PennDOT regulations.
B. 
This application shall be in writing, on a form attached hereto as Appendix A,[1] and shall give the following information:
(1) 
The name, address, and telephone number of the person requesting the permit. If the parade or public assembly is proposed to be conducted for or by any organization, the name, address and telephone number of the headquarters of the organization and the authorized head of such organization.
(2) 
The name, address, and telephone number of the person directly in charge of and responsible for the parade or public assembly.
(3) 
The date, time, location or route of the proposed parade or public assembly.
(4) 
The approximate number of spectators and persons who will participate in the parade or public assembly, and the number and kind of vehicles or other equipment or animals that will be used.
(5) 
Plans for the assembly and dispersal of the parade or public assembly, including times and locations thereof, including setup and takedown times.
(6) 
A statement as to whether the parade or public assembly will require the closure of a public street.
(7) 
A statement as to whether a permit has been required from any other municipality in which said parade or public assembly shall commence or terminate or occur in part, or from the Pennsylvania Department of Transportation in the case of state highways.
(8) 
A statement as to whether the applicant is requesting any special assistance from the Township for the parade or public assembly.
(9) 
Any additional information that the Township Manager shall deem reasonably necessary to reach a determination of the findings, as required by § 209-6 below.
[1]
Editor's Note: Appendix A, the application form, is on file at the Township office.
A processing fee to be set by resolution of the Township Board of Supervisors shall be submitted with the application.
The Township Manager or a designated representative shall issue a permit for a parade or public assembly unless, from a consideration of the application and other information as may otherwise be obtained, the Township Manager finds that:
A. 
The conduct of the parade or public assembly will substantially interfere with the safe and orderly movement of traffic and/or pedestrians, including but not limited to:
(1) 
There is another previously scheduled event for that date, time, and location.
(2) 
Scheduled construction will impede the flow of pedestrian and/or vehicular traffic or create an unsafe situation or make it impracticable for the parade or public assembly to occur.
B. 
The concentration of persons, spectators, animals and vehicles will unduly interfere with the proper fire and police protection of, or ambulance service of, areas where the parade or public assembly will take place or areas contiguous to that area, including but not limited to the blocking of ingress or egress to emergency facilities, blocking the entrance to areas served by only one accesspoint, and blocking fire hydrants, handicap ramps, and curb cuts.
C. 
The conduct of the parade or public assembly will unduly interfere with the movement of fire-fighting equipment en route to a fire, or the movement of other emergency equipment, including but not limited to the blocking of ingress or egress to emergency facilities, blocking the entrance to areas served by only one accesspoint, and blocking fire hydrants, handicap ramps, and curb cuts.
D. 
The applicant has no arrangements for setup and takedown and cleanup following the parade or public assembly.
E. 
Adequate sanitation and other required health facilities are not available and cannot be made available by the applicant in or adjacent to any public assembly areas.
F. 
The parade or public assembly involves a road closure or use of a state highway and the application does not comply with Pennsylvania Department of Transportation regulations.
G. 
The parade or public assembly would violate another Township ordinance, rule or regulation, or state or federal law.
A. 
The person sponsoring a parade or public assembly shall be responsible for the prompt and orderly removal of any signs, booths, barricades and any other articles erected by the applicant or used in connection with the parade or public assembly and any trash generated by the parade or public assembly participants. Should it be necessary for the Township for any reason to expend its own funds or manpower or use its equipment to disassemble or remove debris created by the parade or public assembly participants, then the person sponsoring the parade or public assembly shall within 30 days of the receipt of an invoice for the same reimburse the Township for said expenditures. If the person sponsoring the parade or public assembly fails to reimburse the Township for the costs incurred by the Township, the Township can deny any subsequent applications for permits for parades or public assemblies filed on behalf of or by said person until said costs are paid. Additionally, the Township can lien any property owned by the person sponsoring the parade or public assembly located within the Township for the costs incurred by the Township.
B. 
The parade or public assembly will comply with any and all Township rules and regulations relating to the use of Township public property or streets.
C. 
The permit shall include any other conditions necessary to ensure compliance with the requirements set forth in § 209-6 above.
A. 
If any permit application shall have been made for a parade or public assembly to be held at the same date, time and place and said application was denied for any of the reasons listed in § 209-6A, B or C above, the Township Manager may automatically deny the subsequent application. In case of such refusal, he shall forthwith issue a written notice of the denial to the applicant further stating that applicant may apply for an alternate time or location.
B. 
If a prior permit application shall have been made for a parade or public assembly to be held at the same date, time and place and said application was granted, the Township Manager may automatically deny the subsequent application. In case of such refusal, he shall forthwith issue a written notice of denial to the applicant further stating that the applicant may apply for an alternate time or location.
The Township Manager shall act upon the permit application and, if the application is refused, mail to the applicant written notice of the denial and the reason(s) for it, as follows:
A. 
Persons who wish to use a state-designated highway shall have their permit acted on within one business day of receipt by the Township of PennDOT approval.
B. 
Persons who wish to have a local roadway closed shall have their permit application acted on within one business day of receipt by the Township of a completed traffic study.
C. 
Persons who wish to use local roadways shall have their permit application acted on within the following time periods:
(1) 
Twenty-five to 50 individuals. The Township Manager shall act on the permit application within three business days.
(2) 
Fifty-one to 250 individuals. The Township Manager shall act on the permit application within five business days.
(3) 
More than 250 individuals. The Township Manager shall act on the permit application within 10 business days.
D. 
Persons who wish to use any sidewalks within the Township shall have their permit application acted on within the following time periods:
(1) 
Twenty-five to 50 individuals. The Township Manager shall act on the permit application within 1 1/2 business days.
(2) 
More than 50 individuals. The Township Manager shall act on the permit application within three business days.
The applicant shall have the right to appeal the denial of a permit to the Township Board of Supervisors. A written notice of appeal shall be filed with the Township within five days of the receipt of the notice of denial. The Board of Supervisors shall then act upon the appeal at its next regularly scheduled meeting following receipt of the notice of appeal. The Board of Supervisors will hold a Local Agency Law hearing pursuant to 2 Pa.C.S.A. § 101 et seq. and will render a written decision within 10 days from the date such hearing concludes. Any person aggrieved by a decision of the Township Board of Supervisors may appeal to a court of competent jurisdiction pursuant to the Local Agency Law (2 Pa. C.S.A. § 101 et seq.) and 42 Pa. C.S.A. § 933(a)(2).
A permittee hereunder shall comply with all terms and conditions of any permit and with all applicable laws and ordinances.
The Township Manager or a designee may revoke any permit issued hereunder upon failure of the permittee to comply with the terms and conditions of said permit or because the parade or public assembly, because of the manner in which it is being conducted or any other reason, is jeopardizing those elements of public safety or well-being as set forth in § 209-6 above.
A. 
It is unlawful for any person to unreasonably obstruct, impede, or interfere with any parade or public assembly or with any person or vehicle participating in such parade or public assembly for which a permit has been issued in accordance with this chapter.
B. 
The Township Manager or his designee shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway, roadway, or alleyway constituting part of the parade or public assembly area.
A. 
For a violation of any provision of this chapter, enforcement shall be brought before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Upon conviction thereof, a violator shall be subject to a criminal fine not to exceed $1,000 per violation plus costs, or a term of imprisonment to the extent allowed by law for the punishment of summary offenses, or to a term of imprisonment for the failure to pay a fine pursuant to the Pennsylvania Rules of Criminal Procedure. A separate offense shall arise for each day or portion thereof in which a violation is found to exist for each section of this chapter which is found to have been violated.
B. 
The Township may enforce any violation of this chapter through an equity action brought in the Court of Common Pleas of York County.