[HISTORY: Adopted by the Board of Supervisors
of the Township of Exeter 11-25-1991 by Ord. No. 314. Amendments noted where
applicable.]
As used in this chapter, certain terms are defined
follows:
The Chief of Police of the Township of Exeter.
Any parade, march or procession, of any kind, in or upon
any street or public park within the Township of Exeter.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any event of such magnitude that would, in the opinion of
the Chief of Police, require the need for additional personnel to
deal with crowd control, direction of vehicular traffic, and to ensure
that sanitation regulations are being complied with.
A.
Permit required. No person shall engage in, participate
in, aid, start any special event unless a special event permit has
been issued from the Chief of Police.
B.
Exceptions. This chapter shall not apply to:
(1)
Funeral processions.
(2)
Lawful picketing.
(3)
A governmental agency acting within the scope of its
functions.
(4)
Functions sponsored by or participated in by Township.
(5)
Functions of junior or senior high schools, such as
sporting activities, May Day and other similar school activities.
(6)
Existing ongoing functions of nonprofit corporations,
fire companies, eleemosynary institutions and sports organizations.
[Amended 8-13-2007 by Ord. No. 640]
A person seeking the issuance of a parade or
special event permit shall file an application with the Chief of Police
on forms provided by the Chief.
A.
Filing period. An application for a parade permit
or special event permit shall be filed with the Chief of Police not
less than 60 days before the date on which it is proposed to conduct
the parade or special event. The application shall be signed by the
applicant or its authorized agent.
B.
The application for a parade permit or special event
permit shall set forth the following information:
(1)
The name, address and telephone number of the person
seeking to conduct such parade or special event.
(2)
The name, address and telephone number of the person
who will be responsible for its conduct.
(3)
The date when the parade or special event is to be
conducted.
(4)
If a parade, the route to be traveled, the starting
point and the termination point.
(5)
The approximate number of persons who, and animals
and vehicles which, will constitute such parade or special event,
the type of animals and descriptions of the vehicles.
(6)
The hours when such parade or special event will start
and terminate.
(7)
If the parade or special event is designed to be held
by, and on behalf of, or for, any person other than the applicant,
the applicant for such permit shall file with the Chief of Police
a communication, in writing, from the person proposing to hold the
parade or special event, authorizing the applicant to apply for the
permit on his behalf.
(8)
The purpose of the parade or special event.
(9)
Any additional information which the Chief of Police
shall find reasonably necessary to a fair determination as to whether
a permit should be issued.
(10)
Liability insurance covering the Township of Exeter
for any claim or claims by any persons or entities arising out of
the conducting of such parade or special event shall be required as
a condition to granting the applications with respect to those parades
or special events which, considering the nature thereof, and the activities
involved, in the discretion of the Chief of Police, on the recommendation
of the Safety and Risk Manager of the Township of Exeter, require
insurance, and in such amounts as the Chief of Police shall determine
on the advice of the Safety and Risk Manager.
C.
Late applications. The Chief of Police, where good
cause is shown therefor, shall have the authority to consider any
application hereunder which is filed less than 60 days before the
date such parade or special event is proposed to be conducted.
D.
Application fee. A fee in an amount as established
from time to time by resolution of the Board of Supervisors to cover
expenses incident to processing shall be paid by the person applying
for the permit at the time of the filing of the application.
[Amended 8-13-2007 by Ord. No. 640]
The Chief of Police shall issue a permit as
provided for hereunder when, from a consideration of the application
and from such other information as may otherwise be obtained, he finds
that:
A.
The conduct of the parade or special event will not
substantially interrupt the safe and orderly movement of other traffic
contiguous to its route.
B.
The conduct of the parade or special event will not
require the diversion of so great a number of police officers of the
Township of Exeter to properly police the line of movement and the
areas contiguous thereto as to prevent normal police protection to
the Township of Exeter.
C.
The concentration of persons, animals and vehicles
at assembly points of the parade or special event will not unduly
interfere with proper fire and police protection of, or ambulance
service to, areas contiguous to such assembly areas.
D.
The conduct of such parade or special event will not
interfere with the movement of fire-fighting equipment en route to
a fire.
E.
The parade or special event is not to be held for
the sole purpose of advertising any product, goods or event, and is
not designed to be held purely for private profit; provided, however,
the prohibition against the advertising any product, goods or event
shall not apply to charitable events or sponsors furnishing or sponsoring
floats or transportation for the parade or special event.
F.
A hold harmless and indemnification agreement has
been executed by the applicant holding the Township of Exeter, its
officers, agents, servants, employees and their successors, harmless
from any claims by any persons or entities as a result of the conducting
of such parade or special event and agreeing to indemnify the Township
of Exeter, its officers, agents, servants, employees and their successors,
from any loss as a result of the claim or claims of any persons or
entities arising from the conducting of such parade or special event.
G.
All DEP requirements are being complied with relative
to any portable toilet facilities, which should be considered as an
integral part of the parade or special event.
The application for a parade or special event permit shall be deemed denied unless, within 10 days of the making of the application, the Chief of Police gives written notice by first-class mail to the applicant at the address set forth in the application that the application is approved conditioned upon the applicant securing the insurance coverage as may be required by § 270-3B(10).
Any person aggrieved by the action of the Chief
of Police shall have the right to have the action of the Chief of
Police reviewed by the Board of Supervisors upon written request to
the Board delivered by registered mail to the Township office. The
Board shall thereupon review the action of the Chief of Police and
the reasons for his action and notify the aggrieved party by mail
within 10 days of the receipt of the appeal of its action thereon.
Immediately upon the issuance of a parade or
special event permit, the Chief of Police shall send a copy thereof
to the Board of Supervisors of the Township.
A permittee hereunder shall comply with all
permit directions and conditions and with applicable laws and ordinances.
The permittee or other person heading or leading such activity shall
carry the parade or special event permit upon his person during the
conduct of the parade or special event.
A.
Interference. No person shall unreasonably hamper,
obstruct, impede or interfere with any parade or parade assembly or
special event, or with any person, vehicle or animal participating
or used in a parade or special event.
B.
Driving through parades or special events. No driver
of any vehicle shall drive between the vehicles or persons comprising
a parade or special event when such vehicles or persons are in motion
and are conspicuously designated as a parade or special event.
C.
Parking on parade or special event route. The Chief
of Police shall have the authority, when reasonably necessary, to
prohibit or restrict the parking of vehicles along a highway or part
thereof constituting a part of the route of a parade or area used
for a special event.
The Chief of Police shall have the authority
to revoke any permit issued hereunder upon violation of the standards
for issuance as herein set forth.
A.
No person shall stage, present or conduct, or attempt
to stage, present or conduct a parade or special event without first
having obtained a permit therefor as herein provided, or otherwise
violate the provisions of this chapter.
B.
No person shall participate in a parade or special
event in the Township of Exeter for which a permit has not been granted.
C.
No person shall fail to comply with all directions
and conditions of the parade or special event permit.
[Amended 8-13-2007 by Ord. No. 640]
Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
