[HISTORY: Adopted by the Municipal Council of the Municipality
of Monroeville 6-14-1977 by Ord.
No. 1073. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any event which meets all of the following requirements:
The place or location at which the event is held has been advertised
by any means whatsoever as a place or location to which members of
the public, during a specified period of time, may bring identifiable,
tangible personal property and exhibit the same for sale or exchange.
A fee is charged, payable to the operator or organizer of the
event, either in the form of a charge for general admission to the
place or location where the event is held or a charge for the privilege
of exhibiting identifiable, tangible personal property at such event.
The charge for exhibiting identifiable, tangible personal property
shall be a fixed amount.
Any person exhibiting, displaying, selling, exchanging or
offering for sale or exchange any personal property at a flea market
not specifically prohibited by this chapter.
Any person conducting or operating the business of a flea
market on any premises in the Municipality of Monroeville; excluding,
however, exhibitors.
A.
No person or entity shall establish, organize or conduct a flea market
in the Municipality of Monroeville without first obtaining from the
Municipal Council an approval to do so.
B.
Application for any such approval shall be in writing, upon such
form as may be prescribed by the Municipal Manager and giving such
information as may be requested.
C.
After the filing of the application for the permit, the facts therein
stated shall be investigated and presented to the Municipal Council
which, after considering such application and any investigated reports
thereon, may, on the basis of finding of facts concerning the public
health, safety and welfare, grant or deny such application for a permit.
If the Council determines that such a permit be granted, it shall
be on the condition that all of the terms and provisions of this chapter
are complied with, all other applicable ordinances of Monroeville
and laws of the commonwealth are complied with and such other conditions
as it may deem reasonable and necessary to protect the public health,
safety and welfare.
A.
Approval shall be given only to proposed flea market applicants who
show by satisfactory evidence to the Municipal Council that the applicant
qualifies as a charitable organization for federal or state taxes
of any kind or that the organization to which all proceeds are to
be given qualifies as a charitable organization. Books of account
shall be maintained, and the Municipal Council shall have the right
to inspect the same to verify the charitable status.
B.
No approval shall be issued to any applicant for a flea market operation
unless and until the applicant produces satisfactory evidence to the
Municipal Council that the intended sales at the flea market operation
are not subject to any municipal, county or state tax and that in
the event that the same are so applicable that any necessary permits
and approvals have been obtained and the collection of any required
tax assured.
C.
The applicant shall produce satisfactory evidence that adequate off-street
vehicle parking to accommodate the vehicles of all persons in attendance
at the flea market has been provided as may be required by the Planning
Department.
D.
The days and hours when the flea market may be conducted shall be
as fixed and determined by the Municipal Council.
E.
Adequate rest room facilities shall be approved by the building and
fire officials.
F.
An adequate number of police or security officers, all at the expense
of the flea market operator, shall be on duty at all times while the
flea market is in operation to keep peace and to investigate and check
on merchandise which is being displayed and is for sale, barter or
exchange. The number of such police or security officers and the hours
of duty shall be determined by the Municipal Council, with the advice
of the Police Department.
A.
The operator of a flea market shall provide for a daily cleanup of
the premises and maintain said premises in a good, clean and sanitary
condition at all times.
B.
The premises must be vacated by all exhibitors, and all of their
merchandise and personal property shall be removed at the close of
each day's business.
No person, firm, corporation or entity at any flea market, whether
he or it is the operator or an exhibitor or any other person or entity,
shall sell, exchange, display, offer for sale or exchange or barter
at any flea market any of the following items of personal property:
A.
Any animal, bird or fowl or other living creature.
B.
Any handgun, rifle, shotgun or other type of firearm, by whatever
name, or any deadly or dangerous weapon.
C.
Any flammable gas or dangerous substance, including but not limited
to the following: gasoline, kerosene, acetone, thinners and solvents;
ammunition, blasting agents, liquid petroleum gases or other combustible
gases; any type of fireworks, explosives, acids, caustics or oxidizing
agents; or any other kind of material or substance regulated or contemplated
for regulation by the BOCA Fire Prevention Code.[1]
D.
Any item of personal property produced for a first-time sale which
would compete with other businesses in the area of Monroeville having
permanent places of business.
A.
Every person who desires to exhibit identifiable, tangible personal
property at a flea market shall, before he is permitted to exhibit
such property, furnish to the operator or organizer or his duly authorized
agent written notice containing all of the following information:
(1)
The name and current address and telephone number of the person who
desires to exhibit identifiable, tangible personal property at a flea
market.
(2)
An accurate description, including any identifying manufacturer's
or license number, of every item of identifiable personal property
which such person will exhibit at the flea market.
(3)
The name and current address of the owner of every item of identifiable,
tangible personal property which such person will exhibit at the flea
market.
B.
Every person who sells or exchanges identifiable, tangible personal
property at a flea market shall furnish to the owner or operator of
the flea market, or a person designated in advance by such owner or
operator to receive such information, a written notice containing
all of the following information with respect to each sale or exchange:
(1)
Any accurate description, including any identifying manufacturer's
or license number, of the identifiable, tangible personal property.
(2)
The name and current address of the person owning the identifiable,
tangible personal property.
(3)
The name and current address of the person selling or exchanging
the identifiable, tangible personal property.
C.
Within 24 hours after the end of each day's business at the flea market, the owner or operator of the flea market shall transmit, in writing, the information received pursuant to Subsections A and B above of this section to the Chief of Police of the Municipality of Monroeville on such form or forms as may be approved or prescribed by the Municipal Manager.
The Municipal Council, or the Municipal Manager at the direction
of the Municipal Council, may revoke any approval granted hereunder
when any condition of this chapter or condition of approval is not
complied with or when, in the judgment of the Municipal Council, or
the Municipal Manager at the direction of the Municipal Council, the
best interests of the public health, safety and welfare will not be
served by allowing the flea market operation to continue.
[Amended 7-8-1997 by Ord.
No. 2042]
Any person or persons, be they owner, operator or exhibitor,
violating any of the provisions of this chapter, including the submission
of false or fraudulent statements or the perpetrating of misstatement,
deception or fraud in connection with any application, sale or exchange
or information reports to be made in connection therewith, shall be
subject to a fine not to exceed the sum of $600 plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
for a period not exceeding 30 days. Each such person shall be deemed
guilty of a separate offense for each day during any portion of which
any violation of any provision of this chapter is committed, continued
or permitted by such person.
This chapter shall apply to any flea market as defined herein
which may now be in existence and the subject or request or application
of any applicants or any flea market hereafter requested or operated
within the Municipality of Monroeville for the purpose of protecting
the public health, safety and welfare, due to the nature of the operation
of this kind of business.
