[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley 12-21-1994 by Ord. No. 1732. Amendments
noted where applicable.]
It is hereby determined that picketing, as defined by this chapter,
can potentially be an unwarranted nuisance to the citizens of the Township,
particularly where there is the possibility of danger to public health and
safety. While such activity is a necessary and a protected form of expression,
it is incumbent upon the Township to protect the citizens and their private
property against overzealous and potentially dangerous activity. With these
goals in mind, the Township is adopting this chapter to require a permit prior
to any picketing in industrial and commercial areas and to prohibit picketing
in residential areas.
As used in this chapter, the following terms shall have the meanings
indicated:
Any district within the Township of Ridley which is zoned Commercial
C-1 or Commercial C-2.
Any district within the Township of Ridley which is zoned Industrial.
A license granted upon adherence to the procedures and standards
contained in this chapter, which specifically authorizes picketing with minimal
time and place restrictions as shall be stated therein.
Standing, walking or marching on any public street, sidewalk or any
other public place where persons may lawfully congregate by one or more persons
for the purpose of:
Any region within the Township of Ridley which is zoned A, B or C
Residential.
A.
In industrial and commercial areas, picketing is permissible
only if a permit has been obtained from the Captain of Police.
B.
Permit process.
(1)
A person seeking issuance of a picketing permit shall
file an application with the Captain of Police on forms provided by such officer.
(2)
Filing period. An application for a picketing permit
shall be filed with the Captain of Police not fewer than three days before
the date on which it is proposed to picket.
C.
Contents. The application for a picketing permit shall
set forth the following information:
(1)
The name, address and telephone number of the person
seeking to conduct the picketing.
(2)
If the picketing is proposed to be conducted for, 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 picketing is to be conducted.
(4)
The area within the Township to be used for the picketing.
(5)
The approximate number of persons who will constitute
such picketing.
(6)
The hours when such picketing will start and terminate.
(7)
Any additional information which the Captain of Police
shall find reasonably necessary to a fair determination as to whether a permit
should be issued.
D.
No license application will be considered or reviewed
unless the application has been completed in it entirety and is accompanied
by the requisite fee.
A.
The Captain 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:
(1)
The conduct of the picketing will not so substantially
interrupt the safe and orderly movement of traffic within the Township of
Ridley on and contiguous to the proposed area of picketing so as to create
a real and present danger to the health, safety and welfare of the residents
of the Township of Ridley.
(2)
The conduct of the picketing will not create a real and
present danger to the health, safety and welfare of the citizens of the Township
of Ridley by preventing fire-fighting equipment, ambulance services, rescue
vehicles and/or police vehicles from being able to reach any property in the
Township of Ridley.
(3)
The conduct of the picketing is not reasonably likely
to cause injury to persons or property, to provoke disorderly conduct or to
create an unreasonable disturbance.
(4)
No other picketing is scheduled on the same day and at
the same site as the requested picketing.
B.
In the case of the approval of a permit, the Captain
of Police 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 Township residents and the participants
in the picketing.
The application for said permit shall be accompanied by a nonrefundable
fee as set from time to time by resolution of the Board of Commissioners.
The Captain of Police shall act upon the application for a picketing permit within 48 hours after the filing thereof. If the Captain of Police disapproves the application, he shall notify the applicant, within 48 hours after the filing date of his action. A written explanation stating with specificity the reasons for his denial of the permit will follow shortly thereafter. Said notice shall also advise the applicant of his/her right to file an appeal and the procedure for doing so by providing a copy of § 213-7, Appeals.
Any person aggrieved shall have the right to appeal the denial of a
picketing permit to the Township Board of Commissioners. The appeal shall
be taken by sending a letter to the Township Manager requesting that the Board
hear an appeal of the decision to deny a picketing permit. This letter must
be sent by certified mail or delivered to the Municipal Building of the Township
of Ridley at MacDade Boulevard and Morton Avenue, Folsom, PA 19033. Any letter
of appeal must be received within 10 days from the date on which the applicant
received notice of the denial of the application for a picketing permit. The
Township Board of Commissioners shall then schedule a hearing on or before
the date of the next Township Board of Commissioners meeting. The Board must
render a decision within 48 hours following the date of the hearing.
Where the Captain of Police, after applying the standards set forth in § 213-4 above, shall find that the application for issuance of a permit for picketing on the date, at the time and at the site requested by the application must be denied, he may, in addition to advising the applicant of the denial of the application and right to appeal, also issue an alternate permit which authorizes the conduct of the picketing on a date, at a time or in an area different from that named by the application. The alternate permit shall be sent to the applicant by regular mail, together with the letter required by § 213-6 above. Whenever the Captain of Police shall issue an alternate permit, the letter sent to the applicant, in addition to conforming to the requirements of § 213-6 above, shall also advise the applicant that, if the applicant wishes to accept the alternate permit, the applicant must contact the Township Manager within 24 hours and communicate the acceptance. The applicant shall also be advised that, unless the applicant accepts the alternate permit within 24 hours, the alternate permit will be void and of no effect. Finally, the applicant shall also be advised that the applicant may either accept the alternate permit or pursue an appeal of the denial of a picketing permit for the date, time and route requested by the applicant by following the procedure set forth in § 213-7 above. An alternate picketing permit issued pursuant to this section shall be issued pursuant to the standards set forth in § 213-4 above and, if accepted by the applicant in the manner provided above, shall have the effect of a picketing permit under this chapter.
Immediately upon the issuance of a picketing permit, the Captain of
Police shall send a copy thereof to the following:
Each picketing permit shall state the following information:
A permittee hereunder shall comply with all permit directions and conditions
and with all applicable laws of the Township of Ridley and the Commonwealth
of Pennsylvania.
The Captain of Police or his duly appointed agent shall have the right
to suspend or revoke any license issued under this chapter for violations
of one or more of the regulations contained herein.
No person shall unreasonably hamper, obstruct, impede or interfere with
any picketing or with any person participating in picketing pursuant to a
license issued under this chapter.
Any person, firm or corporation who violates any of the provisions of
this chapter shall, upon conviction before a District Justice, be sentenced
to pay a fine not exceeding $1,000, plus costs of prosecution, and in default
of payment of such fine and costs shall be imprisoned for a period not to
exceed 30 days. Each day such a violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such hereunder.
