Article 741
PARADES AND PUBLIC ASSEMBLAGES
Sections:
741.03 Permit required – Parades and public assembly.
741.04 Permit required – Diamond park gazebo rental.
741.05 Permit application – Filing time.
741.07 Permit application information.
741.08 Required findings by city manager prior to permit issuance.
741.09 No use of city property within Diamond Park.
741.10 Compliance with lawful requirements.
741.11 Funerals and governmental agencies excepted.
741.12 Exclusive use of other city facilities.
741.13 Security deposits, reasonable fees and charges.
741.01 Purpose.
Freedom of speech and association are among those precious rights guaranteed and protected by the United States and Pennsylvania Constitutions. The law gives the city the ability to balance those rights with its interests in regulating competing uses of public space, protecting its citizens, and preserving city and public property. As a municipal government, the city may enact content-neutral restrictions on the time, place, and manner of such expression in order to promote such significant government interests. The purpose of this article is to set forth the circumstances under which the city will regulate First Amendment activity. (Ord. 3651 § 2, 2008)
741.02 Definitions.
For the purposes of this article, the following definitions apply:
“Applicant” refers to the person or group sponsoring or organizing an event and applying for a permit required under this article.
“Core First Amendment activity” includes all expressive and associative activity intended to communicate an opinion or to state a grievance and does not include such activities as pet shows, ethnic food festivals, art shows, civic holiday celebrations and similar events.
“Diamond Park gazebo” refers to the gazebo structure and that area of Diamond Park within an area extending 25 feet in any direction from the outer wall of the gazebo.
“First Amendment activity” includes all expressive and associative activity that is protected by the United States and Pennsylvania Constitutions, including speech, press, assembly, and/or the right to petition.
“Parade,” for purposes of this article, means a march, procession, organized movement, or motorcade consisting of persons, vehicles, or a combination thereof that is: (1) held with an intent to attract attention; (2) takes place upon streets within the city or on streets within a city park; and (3) interferes or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or does not comply with normal and usual traffic regulations or controls.
“Participant” refers to those individuals, including but not limited to the applicant, who take part in the activities of the parade, public assembly or the rental of the Diamond Park gazebo by invitation of the applicant.
“Person” means any person, firm, partnership, association, corporation, society, company, or organization of any kind.
“Public assembly” means a group activity of any type including a demonstration, march, meeting, parade, protest, rally, or vigil, festival, show, exhibit, event, etc., as a result of prior planning and that interferes or may interfere with the normal flow or regulation of pedestrian or vehicular traffic upon the streets, parks, sidewalks, or other public grounds within the city or does not comply with normal and usual traffic, regulations or controls; or which occupies any public area open to the general public to the exclusion of others. For purposes of this article, the use associated with the rental of the Diamond Park gazebo or other city structures for weddings, birthday parties and similar private activities is not public assembly. (Ord. 3651 § 2, 2008)
741.03 Permit required – Parades and public assembly.
No person shall engage in, be a part of, participate in, or start any parade or public assembly (as defined in this article) upon any street, lane, alley, highway, sidewalk, park or any other public place within the city unless a permit has first been obtained for such parade or public assembly from the city manager. If such permit shall be for public assembly, as defined by this article, said permit shall be denominated a public assembly permit which must be conspicuously posted by the permittee at the site of the public assembly. If such permit shall be for a parade, said permit shall be denominated a parade permit which must be conspicuously carried by the permittee along the route of the parade for the duration thereof. (Ord. 3651 § 2, 2008; Ord. 2743, 1970. Formerly 741.01)
741.04 Permit required – Diamond park gazebo rental.
No person may use the Diamond Park gazebo to the exclusion of others without first obtaining a Diamond Park gazebo permit and paying the required rental fee. Only those persons with a valid Diamond Park gazebo permit may use the columns and rails of the gazebo itself for bunting, signs, symbols, flags or things of that nature, upon a written commitment by the applicant to remove all items attached pursuant thereto and to indemnify and save the city harmless from any and all costs related to the removal thereof, and to the repair of any defacement or damage to the gazebo as detailed in the application for the rental of the Diamond Park gazebo, along with a detailed description of items intended for display on the columns and rails of the gazebo. No person shall be granted more than four permits in any 12-month period. (Ord. 3651 § 2, 2008)
741.05 Permit application – Filing time.
An applicant seeking issuance of a parade permit, public assembly permit or a Diamond Park gazebo permit not involving core First Amendment activities shall file an application on forms as provided by the city, with the city manager, not less than 15 nor more than 60 days prior to the date, absent reasonable exigent circumstances, on which it is proposed to conduct the parade or public assembly or to rent the Diamond Park gazebo. Persons seeking permits to conduct core First Amendment activities shall, absent reasonably exigent circumstances, file applications not less than four nor more than 60 days prior to the date on which it is proposed to conduct the parade or public assembly or to rent the Diamond Park gazebo. (Ord. 3651 § 2, 2008; Ord. 2743, 1970. Formerly 741.02)
741.06 Final decision by city manager on permit issuance – No charge for parade permit or public assembly permit.
The city manager shall make appropriate consultations with the police chief and the fire chief in reviewing applications for permits under this article. The city manager shall make the final decision on the issuance of the permit within three days of the completion of the city manager’s consultations with the police and fire chiefs, and notification shall be given by the city manager to the applicant in writing as to whether the permit shall be issued or denied. If there are reasonable exigent circumstances, the city manager shall attempt to act upon pending applications more quickly. The application for a parade permit and a public assembly permit involving core First Amendment activities as defined in this article shall be free of charge. The application for a Diamond Park gazebo permit shall include the appropriate rental fee with the application. (Ord. 3651 § 2, 2008; Ord. 2743, 1970. Formerly 741.03)
741.07 Permit application information.
An application for a parade permit, public assembly permit, or Diamond Park gazebo permit shall set forth the following information insofar as applicable:
(A) The name, address and telephone number of the person seeking to conduct such parade, public assembly, or rental of the Diamond Park gazebo.
(B) If the parade, public assembly or rental of the Diamond Park gazebo is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of that organization and of the authorized heads of such organization, and also a communication in writing shall be filed with the city manager by the person proposing to hold the parade, public assembly or to rent the Diamond Park gazebo authorizing the applicant to apply for the permit on behalf of the organization.
(C) The name, address and telephone number of the person or persons who will be in charge of and who will be responsible for the conduct of participants.
(D) The date and location of the parade, public assembly or rental of the Diamond Park gazebo to be conducted and the route to be traveled with the starting point and termination point for a parade.
(E) The hours when such parade, public assembly or rental of the Diamond Park gazebo will start and terminate, and the approximate number of persons and/or vehicles constituting or participating in such parade, public assembly or rental of the Diamond Park gazebo.
(F) With respect to a Diamond Park gazebo permit, whether the applicant intends to display bunting, signs, symbols, flags or similar objects, and a description of these items if the applicant desires to attach these items to the gazebo during the rental period. (Ord. 3651 § 2, 2008; Ord. 2743, 1970. Formerly 741.04)
741.08 Required findings by city manager prior to permit issuance.
The city manager shall issue a parade permit, public assembly permit or Diamond Park gazebo permit on a first-come-first-served basis, unless from a consideration of the application and from such other information as may be otherwise obtained he finds that:
(A) The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, other users of the public property, or of city employees.
(B) The application for the permit (including any required attachments and submissions) is not fully completed and executed.
(C) The application for such permit contains material falsehood or misrepresentation.
(D) The applicant is legally incompetent to contract or to sue and be sued.
(E) The applicant or the person on whose behalf the application for permit was made has, on prior occasions, damaged public property and has not paid in full for such damage.
(F) The use or activity intended by the applicant will conflict with previously planned programs organized and to be conducted by the city or another group scheduled for the same time and place.
(G) A fully executed prior application for permit for the same time and place within the city has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular location within the city. (Ord. 3651 § 2, 2008; Ord. 2743, 1970. Formerly 741.05)
741.09 No use of city property within Diamond Park.
With the exception of the uses provided for under a Diamond Park gazebo permit as set forth above, no person shall make any use of the Diamond Park grounds or any monument or memorial within Diamond Park for the purpose of supporting or exhibiting any signs, symbols, flags or things of any nature or description whatsoever. Nothing in this section shall limit the right of the city to make any and all uses of Diamond Park and all facilities, monuments and memorials therein for public gatherings and observances sponsored and conducted by the city, or the right of any person to hold any sign, flag, poster or thing of any nature or description as a communication within Diamond Park without utilizing the grounds, trees, plants, monuments and memorials within Diamond Park as a support therefor. (Ord. 3651 § 2, 2008)
741.10 Compliance with lawful requirements.
No parade or public assembly shall form, march or assemble except at such time, place or route or be of different character or purpose than as set out in the permit issued pursuant to the application. No person shall participate in a parade or public assembly as described herein prior to the compliance with the provisions of this article. (Ord. 3651 § 2, 2008; Ord. 2743, 1970. Formerly 741.06)
741.11 Funerals and governmental agencies excepted.
This article shall not apply to funeral processions or any governmental agency acting within the scope of its authority. (Ord. 3651 § 2, 2008; Ord. 2743, 1970. Formerly 741.07)
741.12 Exclusive use of other city facilities.
In addition to the regulation of exclusive uses of the Diamond Park gazebo provided in this article, no person shall make any use of any other city-owned structure to the exclusion of others without first obtaining a permit therefor and, in the case of activities that are not core First Amendment activities as defined in this article, without paying any security deposit, fee or charge as may from time to time be required hereunder. (Ord. 3651 § 2, 2008)
741.13 Security deposits, reasonable fees and charges.
The city council may, from time to time by resolution, authorize, impose and collect reasonable security deposits, fees and charges for all parades and public assemblies that do not constitute core First Amendment activities as defined in this article. Such fees and charges may be flat fees or charges for the use of specific city facilities (e.g., the Diamond Park gazebo, picnic shelters, etc.) or may be based upon the reasonably anticipated costs to the city arising from each proposed parade or public assembly. (Ord. 3651 § 2, 2008)
741.14 Insurance.
The city council may, from time to time by resolution, establish minimum insurance requirements for uses of any and all city property for any and all activities that do not constitute core First Amendment activities as defined in this article, and may require that the city, its officials, officers, agents and volunteers shall be named as additional insureds upon any and all policies of insurance that provide the required coverage. Proof of the existence of any and all required insurance shall be a condition precedent to the issuance of any permit to which this section applies. (Ord. 3651 § 2, 2008)
741.15 Indemnification.
Each applicant for a parade or public assembly permit or for use of the Diamond Park gazebo or any other city structure not involving core First Amendment activities as defined in this article shall, as a condition of the issuance of any permit, execute an indemnification agreement provided by the city providing that the applicant will indemnify and hold the city harmless with respect to any liability to any person resulting from damage or injury occurring in connection with the permitted event proximately caused by the action of the speaker, applicant or organizer of the parade or public assembly or the rental of the Diamond Park gazebo or other city facility. (Ord. 3651 § 2, 2008)
741.99 Penalty.
Whoever violates any provisions of this article shall be fined not more than $1,000, and in default of payment thereof, shall be imprisoned not more than five days. (Ord. 3651 § 2, 2008; Ord. 2743, 1970)