[Adopted 7-13-1983 by Ord. No. 83-9]
[Amended 8-13-2007 by Ord. No. 2007-13]
It shall be unlawful to occupy any fixed location upon any of the streets, alleys, sidewalks or Borough parking lots of the Borough of Chambersburg or any other property owned, leased to, or controlled by the Borough of Chambersburg for the purpose of selling any goods, wares or merchandise of any type whatsoever, with or without any stand, counter or vending machine.
[Amended 8-13-2007 by Ord. No. 2007-13; 5-14-2012 by Ord. No. 2012-06]
Except as may be permitted by the provisions of Chapter 226, Article III, relating to temporary signs and banners, it shall be unlawful to place any sign on the streets, alleys, sidewalks or Borough parking lots or any other property owned, leased to or controlled by the Borough of Chambersburg for sales purposes. This prohibition shall not apply to signs overhanging sidewalks. Any sign for sales purposes on any merchandise of any type is prohibited.
[Amended 6-26-1996 by Ord. No. 96-5; 8-13-2007 by Ord. No. 2007-13]
Exceptions to the vending and sign prohibitions above are limited to the following:
A. 
Special downtown sales days or events, with the permission of the Borough, provided that such vending is not objected to by the owner or lessees as to locations directly in front of any permanent place of business and providing, further, that pedestrian traffic is not obstructed.
B. 
Curb market on Memorial Square, with the permission of the Borough, subject to such terms and conditions as the Borough may provide.
C. 
Special sidewalk permit sales, that is, sales directly in front of a vendor’s permanent place of business, provided the vendor obtains from the Office of the Borough Secretary a permit and conspicuously displays the permit at the place of vending, which permit shall be good for not more than two consecutive sale days. The sidewalk shall have four consecutive feet of unobstructed width for pedestrian traffic. A vendor may not receive more than two special sidewalk sale permits per calendar year. The fees for each permit are assessable by the Borough for the administration and enforcement undertaken pursuant to this article and the Code, and shall be established by the Borough by resolution from time to time. The current fee schedule is available from the office of the Borough Secretary.
[Amended 6-13-2011 by Ord. No. 2011-05]
D. 
Vending of flowers, plants and shrubs, provided that there is at least four consecutive feet in sidewalk width that is not obstructed in any way and provided that such vending is done with the permission of the owner or lessee of the business in front of which such vending is done.
E. 
Sales of food or beverage by nonprofit organizations, provided that there is at least four consecutive feet in sidewalk width that is not obstructed in any way and provided that such vending is done with the permission of the owner or lessee of the business in front of which such vending is done. Vendor is required to obtain and display a health license from the Borough of Chambersburg (or its designee).
F. 
Sidewalk cafes.
[Added 11-17-2008 by Ord. No. 2008-14]
(1) 
Sidewalk cafes shall be authorized upon obtaining a permit from the Borough of Chambersburg. An application for a permit may be made by the owner of a building or the tenant of a building occupied and used as a restaurant fronting on the sidewalk area to be used as a sidewalk cafe. Such permits shall be valid for five years from the date of issuance.
(2) 
A permit for a sidewalk cafe may be issued and remain in effect only when the following conditions are met and maintained:
(a) 
The area to be utilized as a sidewalk cafe area must be clearly marked, and there must be a temporary partition separating the sidewalk cafe from the adjacent public sidewalk as well as adjacent properties. The partitions shall not be permanent and may not be more than 30 inches in height. No advertisement of any kind shall be placed upon any part of the partition.
(b) 
No more than half the sidewalk area may be utilized for a sidewalk cafe, and in no case shall less than four feet of public sidewalk remain available for pedestrian traffic. Tables for the services of food and beverage within the area of the sidewalk cafe must be set back no less than 12 inches from the partitions required in Subsection F(2)(a) next above. Furthermore, tables cannot interfere with access to parked vehicles.
(c) 
No food preparation shall take place within the sidewalk cafe.
(d) 
The maximum hours of operation shall be from 8:00 a.m. to 12:00 midnight, prevailing time.
(e) 
Patrons must remain seated while consuming food or beverage.
(f) 
When application for a permit is made by other than the owner of the building in which the restaurant activity is being conducted, the owner of the building must sign the application for the purpose of indicating the consent of the owner to the sidewalk cafe activity for which the permit is being sought.
(g) 
Prior to the issuance of a permit under this provision, the applicant must provide the Borough with a certificate of insurance evidencing the following:
[1] 
A certificate evidencing liability insurance in an amount not less than $1,000,000 naming the applicant as well as the Borough of Chambersburg, its officers and employees as insureds, said insurance covering property damage and personal injury arising out of the operation and control of said sidewalk cafe, which policy shall be kept in force at all times during the operation of the sidewalk cafe. Notwithstanding the fact that the permit, when granted, will be valid for a period of five years, a new certificate of insurance must be presented to the Borough evidencing continuing insurance coverage on each annual anniversary date of the issuance of the permit.
[2] 
A fully executed and recordable agreement signed by the applicant, and, in those instances in which the applicant is different from the property owner, also signed by the property owner, agreeing to indemnify and hold harmless the Borough of Chambersburg, its officers and employees from any and all claims, actions, injuries or damages of every kind and description which may accrue to or be suffered by any person by reason of or related to the operation of the sidewalk cafe.
(3) 
The permit to be issued pursuant to the terms of this provision shall not be deemed to supersede any other applicable ordinance or regulation of the Borough of Chambersburg. It shall be a condition precedent to the issuance of a permit under this section as well as the right to continue to hold a permit that the applicant/permit holder must be and remain in full compliance with all other applicable Borough, state and federal ordinances, statutes and/or regulations.
(4) 
The permit holder shall be solely responsible for the maintenance of good order and quiet peaceful conduct of patrons of the sidewalk cafe. At no time shall the free passage of pedestrians using the public sidewalk be disturbed or obstructed by patrons.
(5) 
At no time shall litter from the operation and/or area of the sidewalk cafe be permitted to travel onto the public sidewalk area or the area of adjacent properties.
(6) 
The service and consumption of alcoholic beverages shall be permitted within the area of the sidewalk cafe so long as such service and consumption is not in violation of the Pennsylvania Liquor Code and/or regulations issued thereunder. In addition, the following specific requirements relating to the consumption and possession of alcohol by patrons must be met at all times:
(a) 
No alcoholic beverages may be served or consumed outside of the area designated as the sidewalk cafe.
(b) 
All alcoholic beverages shall be consumed from disposable or nondisposable glassware or other drinking utensil provided by the permit holder. No alcoholic beverage shall be consumed directly from the original bottle or can in which it was obtained from the brewer, distiller, or other maker. No alcoholic beverage intended to be removed from the site shall be sold in or transported by patrons from the sidewalk cafe area except where expressly authorized during an event open to the public pursuant to Chapter 92 of the Code of the Borough of Chambersburg, entitled "Alcoholic Beverages."
[Amended 10-14-2019 by Ord. No. 2019-11]
G. 
Events open to the public. All outdoor events open to the public, either on private property, not including establishments licensed by the Pennsylvania Liquor Control Board, or on public property, involving possession, distribution, or consumption of open containers of alcoholic beverages shall be governed by § 92-3 of Chapter 92 of the Code of the Borough of Chambersburg, entitled "Alcoholic Beverages."
[Amended 10-14-2019 by Ord. No. 2019-11]
A. 
No vending equipment or vending operation shall be operated in such a way as to constitute a nuisance. Loud or irritating noise, offensive odors and litter related to the vending operation are not permitted on the sidewalk area being used by the vendor.
B. 
The criteria to be used in determining whether the operation or machine is a nuisance shall be to the extent that the action complained of is unreasonable and unnecessary. For example, as to noise, the determinative factor is whether the noise can be controlled by devices or more efficient management, at a reasonable expense, and, if so, whether such preventive measures have been taken. Noise which constitutes an annoyance to a person of ordinary sensibility to sound, so as to materially interfere with the ordinary comfort of life and to impair the enjoyment of his habitation, is a nuisance.
C. 
Vending to persons while they are in vehicles shall be deemed a nuisance if such sales are made while the vehicles are illegally parked or illegally stopped or while such vehicles are blocking or impeding traffic.[1]
[1]
Editor's Note: Former Subsection D, regarding issuance of warnings by the Building Officer, which immediately followed this subsection, was repealed 10-25-2004 by Ord. No. 2004-17.
[Amended 10-25-2004 by Ord. No. 2004-17]
Any person who violates any provision of this article, upon conviction thereof, shall be sentenced to pay a fine of not more than $300 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Each day's continuation of unpermitted vending shall be considered a separate offense.