Town of Elsmere, DE
New Castle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 5-11-1993 by Ord. No. 299; amended in its entirety 10-13-2004 by Ord. No. 437. Subsequent amendments noted where applicable.]
[Amended 10-9-2014 by Ord. No. 585]
No person, as defined in § 148-2 of this chapter, shall be permitted to engage in, participate in, aid, form or start any parade or special event, as defined in § 148-2 of this chapter, within the Town limits of Elsmere, without a permit issued by the Town Manager.
As used in this chapter, the following terms shall have the meanings indicated:
EST
An abbreviation for Eastern standard time, and shall be deemed to refer to Eastern daylight saving time during such periods as Eastern daylight saving time shall be in effect in the Town.
NEIGHBORHOOD BLOCK PARTIES
An organized gathering of neighborhood residents utilizing the public right-of-way abutting their property for recreational purposes of a nonprofit or noncommercial nature. "Neighborhood block parties" shall be synonymous with "neighborhood street fairs," "neighborhood street picnics," and similar names representing the same activity which require the closing of public streets to normal traffic flow.
PARADE
Any parade, march or procession of any kind of persons, animals or vehicles, upon any street in the Town.
PERSON
Any person, firm, partnership, association, corporation, company, neighborhood or organization of any kind.
SPECIAL EVENT
Any gathering which is anticipated to or could potentially result in the gathering of 20 or more people at any one time, which is held outdoors, and is open to the public or to which admission is being charged or where items will be offered for sale or a fee will be charged for games or amusement, including fund-raising events being held by charitable or nonprofit organizations, except for those events which are sponsored by the Town of Elsmere.
STREET
Any street, public highway, lane, alley, sidewalk, public square or public right-of-way within the Town limits.
The following are exempt from the provisions of this chapter:
A. 
Funeral processions.
B. 
Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities.
All parades or special events upon any street are prohibited Monday through Friday between the hours of 7:00 a.m. EST and 10:00 a.m. EST, and 4:00 p.m. EST and 7:00 p.m. EST.
[Amended 10-9-2014 by Ord. No. 585]
A parade or special event permit is required for any parade or special event, as defined in § 148-2 of this chapter. A person desiring a parade or special event permit shall file an application with the Town Manager on forms provided by the Town. All applications shall be reviewed by the Elsmere Chief of Police for an opinion regarding the number of police and emergency personnel necessary to service the parade or special event and contiguous areas, and the Police Chief shall report his findings to the Town Manager.
A. 
Parade or special event permits shall be issued by the Town Manager.
[Amended 10-9-2014 by Ord. No. 585]
B. 
The application shall be filed, with the Town Manager, not less than 14 days nor more than 30 days before the date on which it is proposed to conduct the parade or special event; provided, however, that where an applicant shall demonstrate special circumstances justifying expedited review, the Town Manager may waive the requirement that an application be filed 14 days prior to the date on which the applicant proposes to conduct the parade or special event.
[Amended 10-9-2014 by Ord. No. 585]
C. 
The application for a parade or special event permit shall set forth the following information:
(1) 
Name, address and telephone number of the person seeking to conduct such parade or special event;
(2) 
If the parade or special event is proposed to be conducted for, on behalf of, or by an organization, the name address and phone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;
(3) 
Name, address and phone number of the person who will serve as parade or special event chairman and who will be responsible for its conduct;
(4) 
The date and hours when the parade or special event is to start and terminate;
(5) 
The route to be traveled, the starting point and the termination point;
(6) 
The approximate number of persons, animals and vehicles which will constitute such parade or special event and the type of animals and description of vehicles;
(7) 
The location by streets of any assembly areas for such parade or special event;
(8) 
The time at which units of the parade will begin to assemble at any such assembly area(s);
(9) 
The interval of space to be maintained between units of such parade;
(10) 
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 the parade or special event permit shall file with the Town Manager 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 or her behalf;
(11) 
Any special circumstances which demonstrate good cause for expedited action by the Town Manager, pursuant to § 148-9B below.
[Amended 10-9-2014 by Ord. No. 585]
D. 
Neighborhood block parties/street fairs/picnics applications will require all of the above information and additionally:
(1) 
A petition with the names, addresses and signatures of at least 60% of the heads of household or their responsible adult representative abutting the area of right-of-way proposed for closing.
(2) 
A sketch showing the location and streets of the proposed activity. The sketch shall show the proposed location of any temporary structures or equipment, the location, addresses and names of abutting residents and the location of fire hydrants in the area to be closed.
A. 
There shall be paid at the time of the application for a parade or special event permit a fee of $100 to defray the cost of processing the permit application.
B. 
In addition, the person and/or organization applying for the permit will deposit with the Town, at least 10 days prior to the event, a sum to be determined on a case-by-case basis, but not to exceed $1,000, to cover the costs incurred by the Department of Public Safety and/or the Department of Public Works due to this event.
[Amended 10-9-2014 by Ord. No. 585]
The Town Manager of the Town of Elsmere shall issue a parade or special event permit when, from the recommendation of the Chief of Police and from such other information as may otherwise be obtained, it 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 this Town to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to this Town;
C. 
The conduct of such parade or special event will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of this Town other than that occupied by the proposed line of march and areas contiguous thereto;
D. 
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;
E. 
The conduct of such parade or special event will not interfere with the movement of fire-fighting equipment en route to a fire;
F. 
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;
G. 
The parade or special event is not to be held for the sole purpose of advertising any product, cause, goods or events and is not designed to be held purely for private profit.
[Added 10-9-2014 by Ord. No. 585[1]]
A. 
Upon receiving an application, the Town Manager shall notify the Mayor and the Councilperson(s) representing the district(s) where the event will be held based on the application and request their comments or concerns, if any.
B. 
Once a decision has been made to issue or deny the application, the entire Mayor and Council shall be notified of that decision.
[1]
Editor's Note: This ordinance also repealed former § 148-9, Notice of Council decision.
[Amended 10-9-2014 by Ord. No. 585]
The Town Manager, in denying an application for a parade or special event permit, can authorize the conduct of the parade or special event on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of action, file a written notice of acceptance with the Town Manager. An alternate parade or special event permit shall conform to the requirements of, and shall have the effect of, a parade or special event permit under this chapter.
[Amended 10-9-2014 by Ord. No. 585]
Any person aggrieved by the denial of a permit required by this chapter may appeal to the Mayor and Council. The appeal shall be in writing and filed with the Town Manager. Once an appeal has been filed, the Mayor and Council shall meet within five days and decide if a permit shall be issued or denied and what, if any, conditions shall be placed on the issuance of a permit. The decision of the Mayor and Council shall be final.
A person holding a parade or special event permit shall comply with all permit directions and conditions and with all applicable laws and ordinances.