Nothing in this article shall affect the provisions of Chapter
233, Article
III ("Transient Retail Merchants"), which is hereby declared to be in full force and effect. The definitions set forth in this article shall apply only to this article, and not to Chapter
233, Article
III of this Code.
A used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
PERSON
Any natural person, partnership, association or corporate
or legal entity.
TRANSIENT SALES
The sale or offering for sale, or the distribution of any goods and/or services from a location within the Municipality of Norristown that is not fixed or permanent, i.e., door-to-door; via a truck, trailer, automobile, bicycle or van, parked or situated at a location for a temporary period. This article shall not apply to mobile food vendors (see Article
IV of Chapter
233), farmers selling their own produce, goods and wares as part of a farmers market; nor shall this article apply to craftpersons, artists or similar vendors, or nonprofit organizations, agencies or religious groups, operating as part of a festival, fair or other organized community event.
[Amended 5-1-2018 by Ord.
No. 18-01]
No person shall engage in transient sales in the Municipality
of Norristown without first registering with the Norristown Department
of Finance, using forms provided by the Municipality for this purpose,
and paying a license fee established by resolution of the Norristown
Municipal Council, which license fee may be amended from time to time
by resolution of Municipal Council. Upon registration and payment
of the license fee, the Finance Department shall issue a transient
sales license to the applicant for a period of 30 days to engage in
transient sales. Such license shall not be transferable in any manner
to anyone other than the applicant and may be renewed for subsequent
periods of 30 days by application in the same manner to the Finance
Department and upon payment of the license fee for each thirty-day
period. Each such license may set forth conditions prescribed by the
Municipal Administrator for the conduct of such transient sales, which
conditions shall be reasonably related to the particular nature of
the transient sales being conducted. Any license issued pursuant to
this article may be revoked by the Municipal Administrator at any
time for breach of any condition of the license or of the terms of
this article and, in the event of such revocation of any such license,
no portion of the license fee paid therefor shall be refunded.
At the time of registration, a transient merchant shall present
to the Finance Department a certificate of liability insurance naming
the Municipality as an additional insured, with appropriate limits
as determined by the Municipal Administrator.
No person shall engage in transient sales on any day of the
week before 11:00 a.m. or after 8:00 p.m. or dusk, whichever is later.
No person shall engage in transient sales in the following areas.
A. Sidewalks. No person shall engage in transient sales on any sidewalk
in the Municipality of Norristown.
B. Streets. No person shall engage in transient sales within the right-of-way
of the following streets:
(1) Airy Street: from DeKalb Street to Barbadoes Street.
(2) Penn Street: from DeKalb Street to Barbadoes Street.
(3) Lafayette Street: from DeKalb Street to Barbadoes Street.
(4) DeKalb Street: from Lafayette Street to Airy Street.
(5) Swede Street: from Lafayette Street to Marshall Street.
(6) Cherry Street: from Lafayette Street to Airy Street.
(7) Main Street: from Forrest Avenue on the west to the municipal line
on the east.
(8) Marshall Street: from Markley Street to Haws Avenue.
(9) Markley Street: from Roberts Street to Johnson Highway.
(10)
New Hope Street: from Johnson Highway to Marshall Street.
(11)
Sandy Street: from Marshall Street east to the municipal line.
C. Park areas. No person shall engage in transient sales in the Latshaw-McCarty
Field Area and the rights-of-way of the abutting streets of Harding
Boulevard and Sterigere Street.
Any person who shall violate any provision of this article in
any part, upon conviction before a Magisterial District Judge in the
Municipality of Norristown, shall be fined not less than $100 nor
more than $600, to be collected as other fines are collectible by
law, and in default of the payment of said fine, shall be imprisoned
in the county jail for a period not exceeding 30 days.