As used in this chapter, the following terms shall have the
meanings indicated:
AMUSEMENT
Includes each of the following when made available for public
use, whether or not an admission/usage fee is charged or prizes are
offered:
A.
Any mechanical or electrical devices and other apparatus intended
for the playing of games, including but not limited to pinball machines,
shooting galleries, video games, pool tables, etc.
B.
Any recreational devices such as ferris wheels, roller coasters,
merry-go-rounds, etc.
EXHIBITION
A show, performance or presentation open to the public, including
but not limited to a circus, fair, carnival, theatrical performance,
magic show, rodeo, animal show, musical concert, car show and exhibitions
of any natural or artificial curiosity.
PROCESSION
A succession or parade (including but not limited to a running
contest or race) containing 10 or more vehicles and/or 20 or more
persons. The above activity shall not, however, constitute a "procession"
if:
A.
The activity is being conducted pursuant to a resolution of
Borough Council as part of official Borough ceremonies;
B.
The activity constitutes a funeral procession; or
C.
All persons taking part therein are students going to or from
classes or participating in school activities under the immediate
supervision of proper school authorities.
PUBLIC ACTIVITY
The following shall constitute a "public activity" for the
purposes of this chapter:
C.
The control or possession of property wherein the use of more
than one amusement is permitted.
D.
Any activity constituting what is commonly referred to by Borough
residents as a "block party."
No person shall conduct or participate in a public activity,
or permit a public activity to be conducted upon property which they
possess or control, without first obtaining a permit from the North
Wales Borough Manager in accordance with the provisions of this chapter
or a written waiver of the permit requirement issued by the Borough
Manager.
Applications for permits shall be made upon forms supplied by
the Borough Manager and containing the following information:
A. The name and address of the applicant.
B. If the applicant is a partnership, the names and addresses of all
general and limited partners.
C. If the applicant is a corporation, or any of the above-noted general
or limited partners are corporations, the state of incorporation and
the names and addresses of all officers.
D. Any prior criminal convictions of the applicant.
E. A statement that the applicant shall comply with all local, county,
state and federal requirements relevant to the subject public activity.
F. The proposed location, duration and hours of operation of the public
activity.
G. The route to be followed by any procession.
H. A brief description of the public activity.
I. An estimate of the number of people to be involved in any procession
or block party.
J. A list and description of any amusements involved as part of the
public activity.
K. A description of any amplification systems to be operated as part
of the public activity.
L. A statement of whether the public activity will, in the applicant's
opinion, require that assistance be rendered by the North Wales Borough
Public Works Department in the form of road blocks, cones, cleanup,
trash removal, etc.
M. Such other information as the Borough Manager shall find reasonably
necessary to effectuate the purposes of this chapter and to protect
the health, safety and welfare of the general public.
Upon review of a conditional approval submitted by the Borough
Manager, the Mayor or his designee may determine, and attach as an
additional condition to the permit application, that police officers
must be specifically detailed to the public activity permitted hereunder.
In such event, the permittee must pay for the police so detailed.
Each permit issued hereunder shall contain the following information:
A. The name of the person to whom or to which the permit has been issued.
B. The name, address and telephone number of the person chiefly responsible
for the organization and supervision of the public activity.
C. The date upon which the application was finally approved.
D. The issuance and expiration date of the permit.
E. The Borough Manager's original signature.
A public activity must be conducted in compliance with the following
requirements and standards of operation:
A. No permittee shall allow any drunken, disorderly or boisterous person
or any person under the influence of intoxicating liquor or narcotic
or hallucinogenic drugs or any person whose conduct tends in any way
to corrupt public morals to be admitted or to remain in or about any
public activity.
B. No person shall drive any vehicle between the vehicles or persons
constituting a procession conducted pursuant to a public activity
permitted by this chapter. Further, no person shall unreasonably hamper,
obstruct, impede or interfere with any person, vehicle or animal participating
or used in a procession.
C. The Mayor or his designee shall have the authority to prohibit or
restrict the parking of vehicles along a highway or part thereof constituting
a part of the route of a procession and to post temporary signs to
that effect. Further, it shall be a violation of this chapter to park
or leave unattended any vehicle upon any highway or portion thereof
in violation of prohibitions so posted along said highway or portion
thereof.
D. No public activity shall be conducted between the hours of 1:00 a.m.
and 6:00 a.m. prevailing time.
E. The operation of the public activity shall remain in accordance with
the information provided in the application.
F. The public activity shall comply with all other applicable laws,
rules and regulations of the federal, state and local entities having
jurisdiction.
Any person who shall be convicted before any District Justice
or other court of competent jurisdiction of violating or failing to
comply with any provision of this chapter shall be guilty of a violation,
punishable by a fine not exceeding $1,000 per day or by imprisonment
for a term not exceeding 30 days, or both. The continuation of the
operation of a public activity shall constitute a separate and distinct
offense hereunder for each day the public activity is continued.
The Solicitor of the Borough of North Wales may institute proceedings
in equity in the Court of Common Pleas of Montgomery County for the
purpose of enjoining any violation or potential violation of this
chapter.