[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.
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.
The Police Department of the Borough of West Chester.
A.
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.
B.
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]
C.
The application for a license shall set forth the following
information:
(1)
The name, address and telephone number of the person
or persons sponsoring the event.
(2)
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.
(3)
The date when the event is to be conducted.
(4)
The route to be traveled or the area within the borough
to be used for the event, including the starting point and termination point.
(5)
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.
(6)
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.
D.
No license application will be considered or reviewed
unless the application has been completed in its entirety and is accompanied
by the requisite fee.
A.
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;
(1)
Whether the requested event will substantially interrupt
the safe and orderly movement of traffic within and contiguous to the event.
(2)
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.
(3)
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.
(4)
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.
(5)
Whether the requested event will otherwise substantially
interfere with or be a substantial detriment to the general health, safety
and welfare of the borough.
(6)
Whether there are other events scheduled on the day of
the requested event.
B.
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.
A licensee hereunder shall comply with all license directions
and conditions and with all applicable laws of the borough and the Commonwealth
of Pennsylvania.
B.
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.
A.
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.
B.
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.
C.
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.
