[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]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
Any parade, march or procession of any kind of persons, animals
or vehicles, upon any street in the Town.
Any person, firm, partnership, association, corporation,
company, neighborhood or organization of any kind.
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.
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:
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;
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.
