[HISTORY: Adopted by the Council of the Borough of West Chester 6-3-1973; amended in its entirety 2-19-1992 by Ord. No. 1-1992. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The Borough of West Chester.
- CHIEF OF POLICE
- The Chief of Police of the Borough of West Chester.
- The Mayor of the Borough of West Chester.
- Any parade, march, processing (excluding wedding and funeral processions), demonstration of any kind or any similar display in or upon any street, park or other public place within the Borough of West Chester.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- POLICE DEPARTMENT
- The Police Department of the Borough of West Chester.
No carnival, circus, traveling show, music festival or parade shall be opened or operated in the borough unless and until a license has been issued for the same in accordance with this chapter.
A person seeking issuance of a license shall file an application with the office of the Borough Manager on forms to be provided by the borough. Such application shall be delivered to the office of the Borough Manager seventy-five (75) days prior to the scheduled event.
[Amended 8-18-1993 by Ord. No. 16-1993]
The application for a license shall set forth the following information:
The name, address and telephone number of the person or persons sponsoring the event.
If the application is made on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized or responsible persons.
The date when the event is to be conducted.
The route to be traveled or the area within the borough to be used for the event, including the starting point and termination point.
The approximate number of persons who will constitute the event and, if there are animals and vehicles, the approximate number and types of animals and the approximate number and description of vehicles.
The hours when the event will start and terminate, and the times at which any portions of the event will begin to assemble at particular area or areas.
No license application will be considered or reviewed unless the application has been completed in its entirety and is accompanied by the requisite fee.
The application for a license shall be reviewed by the Mayor and the Police Department, and, after such review, the Mayor and the Police Department shall submit their recommendations to Borough Council. Thereafter, the Borough Council shall review the application and approve or deny such application. In reaching such determination, the Borough Council shall consider relevant information and factors, including but not limited to the following;
Whether the requested event will substantially interrupt the safe and orderly movement of traffic within and contiguous to the event.
Whether the requested event will require the borough to police such event, and whether the numbers of police officers assigned to properly police such event will prevent the borough from providing adequate police protection to the remainder of the borough.
Whether the requested event will unduly or substantially interfere with proper and adequate fire and police protection or proper or adequate ambulance service to the areas contiguous to such event and the borough in general.
Whether the requested event will substantially interfere with the movement of fire-fighting equipment or ambulance service to the borough or to areas contiguous to the requested event.
Whether the requested event will otherwise substantially interfere with or be a substantial detriment to the general health, safety and welfare of the borough.
Whether there are other events scheduled on the day of the requested event.
In the case of the approval of a license, the Borough Council may attach such conditions regulating time, place and the manner in which the event is conducted and such other conditions as will assure the general health, safety and welfare of the borough, its residents and the people participating in such event.
The application for a license shall be accompanied by the fee. The application fees for events shall be established by resolution of Borough Council from time to time and shall be kept on file at Borough Hall.
A licensee hereunder shall comply with all license directions and conditions and with all applicable laws of the borough and the Commonwealth of Pennsylvania.
The event chairman or other person in charge of such event shall carry the license upon his or her person during the conduct of such event.
The Mayor or his duly authorized agent shall have the right to suspend or revoke any license issued under this chapter for violations of one (1) or more of the regulations promulgated hereunder.
No person shall unreasonably hamper, obstruct, impede or interfere with any event or with any person, vehicle or animal participating or used in an event issued a license under this chapter.
No driver of a vehicle shall drive between the vehicles or persons comprising a parade or event when such vehicles or persons are in motion and are conspicuously designated.
The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along the highway or part thereof constituting any portion of a parade route or event. The Chief of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
Any person who shall be convicted of a violation of any provision of this chapter before any District Justice shall be sentenced to pay a fine of not more than one thousand dollars ($1,000.), together with the costs of prosecution, or to suffer imprisonment in the county jail for a term not to exceed thirty (30) days, or both.