[HISTORY: Adopted by the Borough Council of the Borough of Jim Thorpe as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 500
[Adopted 6-12-2014 by Ord. No. 2014-2[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 333, Peddling and Soliciting, which comprised Art. I, Transient Retail Merchants, adopted 2-13-1992 by Ord. No. 92-1, as amended.
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ENFORCEMENT OFFICER
That person appointed by the Borough Council of Jim Thorpe to issue permits who shall be charged with the duty of administering and enforcing this article. Police officers of the Jim Thorpe Police Department are also authorized to enforce this article.
GARAGE SALES
(1) 
The sale or offering for sale of 10 or more new, used or secondhand items of personal property at any one residential premises at a time.
(2) 
Includes all sales in residential areas entitled "garage sale," "basement sale," "rummage sale," "flea market sale," or any similar casual sale of tangible personal property.
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas.
PERSON
A natural person, partnership, association, corporation, or other legal entity.
SPECIAL EVENT
A planned public gathering organized by a person(s), group or business.
TEMPORARY BASIS
As applied to a transient retail business, from a fixed location to be for a period of less than 72 hours or operating out of vehicle, truck, trailer or other mobile unit.
TRANSIENT RETAIL BUSINESS
(1) 
Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk, or public ground, or from house to house, within the Borough of Jim Thorpe; or
(2) 
Selling, soliciting, or taking orders for any goods, wares, or merchandise, from a fixed location within the Borough of Jim Thorpe, on a temporary basis. This shall include, but not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of specific legal holidays.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
No person shall engage in any transient retail business within the Borough of Jim Thorpe without first having obtained from the Borough a permit for which a fee shall be charged. The fee charged shall be in that amount established from time to time by resolution of the Borough Council and shall be paid at the time the application is filed.
A. 
Permit required and no permit fee:
[Amended 6-11-2020 by Ord. No. 2020-02]
(1) 
To farmers selling their own products.
(2) 
For any producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
(3) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
(4) 
To any honorably discharged member of any of the armed services, who procures and presents to the Borough the Form DD-214.
B. 
No permit and no fee with annual registration of nonprofits:
(1) 
For the sale of goods, wares and merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose;
(2) 
To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, bakery products and the like, or who represent the Boy Scouts or Girl Scouts or similar organization;
(3) 
To any person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, December 19, 1990, P.L. 1200, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
C. 
No permit and no fee:
(1) 
To any person selling used goods, wares or other household contents, owned by him and from premises which he occupies or at which he resides, and what is commonly referred to as a yard sale or garage sale.
A. 
Every person desiring a permit under this article shall first make application to the Jim Thorpe Borough office. The permit application shall be made at least 10 days prior to the date the permit will be required, unless the Code Enforcement Officer finds reasonable grounds to excuse this requirement. The application shall exhibit a valid license from any state, or county if such license is also required (e.g., food handler's permit). The applicant shall further state on the application whether he has obtained or made arrangements to obtain a health permit, when required for their business. The application shall state:
(1) 
Criminal record, if any;
(2) 
Name and address of the person by whom the applicant is employed;
(3) 
Types of goods and merchandise the applicant wishes to deal with in such transient retail business;
(4) 
Length of time for which the permit is to be issued;
(5) 
Type and license number of the vehicle to be used, if any;
(6) 
For a transient retail business from a fixed location, the location for which the permit is sought and the owner of such location. Written permission from the owner of the premises for such use shall be provided at the time the application is made;
(7) 
A current state or federally issued ID of each individual person requesting a permit for a transient retail business shall accompany the application;
(8) 
A Fire Code permit application, if applicable, for outdoor fireworks, temporary tents, canopies, air-supported membrane structures, cooking facilities, etc., for approval by the Fire Marshal;
(9) 
The number of people working within the Borough during the permit period.
Upon receipt of such application and the prescribed fee, the Borough Secretary, if he or she shall find such application in order, shall issue the permit required under this article. Such permit shall contain the information required to be given on the application therefor. The permit shall further state that it is not valid unless accompanied by a health license, food handling permit, etc., when such license is required due to the nature of the transient retail business the applicant will be conducting. The permit issued shall contain the signature of the person to whom the permit is issued, and the Borough Seal shall be affixed to such permit. Every permit holder shall carry such permit upon his person if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks, or public grounds, or shall display such permit at the location where he shall engage in such business if doing so at a fixed location. The permit, although required for special events, does not authorize its use within the boundaries of a special event. Such authorization resides with the event organizers.
No person in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his permit;
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks, or public grounds in the Borough of Jim Thorpe;
C. 
At any time conduct such business on Race Street or the sidewalks adjacent thereto;
D. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys within the Borough of Jim Thorpe for longer than necessary, at the discretion of the enforcement officer, in order to sell to persons residing or working in the immediate vicinity;
E. 
Park any vehicle upon any of the streets or alleys in the Borough of Jim Thorpe for the purpose of sorting, rearranging, or cleaning any of his goods, wares, or merchandise or of disposing of any carton, wrapping material, or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise;
F. 
Engage in any transient retail business, on a Sunday or legal holiday or before 9:00 a.m. or after 7:00 p.m. on any other day of the week unless operating from a fixed location.
G. 
Engage in any transient retail business from a fixed location, other than from areas designated as being zoned commercial, Memorial Park, Mauch Chunk Lake Park, public grounds and school grounds located in the Borough of Jim Thorpe. Garage sales are excluded from this requirement;
H. 
If engaged in transient business from a fixed location, permit the area within a ten-foot radius from the fixed location where his business is conducted to become littered. Such person shall be responsible for the ongoing cleanup of such area throughout the day.
The Code Enforcement Officer or his designee shall supervise the activities of all persons holding permits under this article. A record of all permits issued shall be kept at the Jim Thorpe Borough Office.
The Code Enforcement Officer or his designee is hereby authorized to suspend or revoke any permit issued under this article for violation of any provisions of this article or for giving false information upon any application for a permit hereunder. Appeals from any suspension or revocation may be made to the Jim Thorpe Borough Council at any time within 10 days after such suspension or revocation. No part of a permit fee shall be refunded to any person whose permit shall have been suspended or revoked.
Any person, firm or corporation who shall violate the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution, and, in default of payment of said fines and costs, to imprisonment not exceeding three days. Each day that a violation of this chapter continues shall constitute a separate offense.
Any person desiring to apply for a special event or special use permit shall do so by filing a written application with the Borough Secretary at least 60 days prior to the proposed special event or use. The application shall be made on forms provided by the Borough and shall include, at a minimum, the following information:
A. 
The name, address, and telephone number (if an individual) of the applicant (event coordinator).
B. 
A full and complete description of the proposed special event or use with the specific date, time, and duration of such special event.
C. 
The proposed location of the special event or use with dimensions and plans for any structure (including tents) to be erected, constructed, or placed temporarily in connection with the special event.
D. 
A statement indicating if the use of any Borough street, right-of-way or lands will be required during the special event or use, and if so, the locations and dimensions of the proposed use, together with a statement as to the dimensions of the remaining unobstructed Borough street, right-of-way or land with necessary detours and traffic control plans.
E. 
An estimate of the number of persons who are expected to attend the special event.
F. 
Such other and additional information as the Borough Secretary may require to determine whether the application meets all requirements for permit issuance, including, but not limited to:
(1) 
A transient retail merchant or solicitation license application;
(2) 
A parade/road closing application, if applicable, for approval by the Borough Council and the Pennsylvania Department of Transportation;
(3) 
A Fire Code permit application, if applicable, for outdoor fireworks, temporary tents, canopies, air-supported membrane structures, cooking facilities, etc., for approval by the Fire Chief;
(4) 
A special emergency services agreement, if applicable, to reimburse the Borough for police, fire and ambulance services.
A. 
The Borough Council shall approve those events requiring the use of Borough services outside the normal scope of duties. The Borough Secretary shall issue all special event permits in writing.
B. 
The sponsoring organization's event coordinator may act as agent when filing individual vendor permit applications for a specific event with the Borough office.
C. 
Permits will be issued to applicants once all of the following criteria and conditions for issuance are met, unless specifically waived by Council:
(1) 
Adequate plans for sanitation, cleanup, police protection and security, traffic management, vehicular and pedestrian traffic flows, parking, access for the disabled, fire protection, and first aid and emergency medical services shall exist to meet the needs generated by the proposed special event or use.
(a) 
Whenever any special event or other use requires the provisions of additional Borough services, including, but not limited to, the employment of police officers to direct or block pedestrian or vehicular traffic or the provisions of standby first aid or fire protection services, the applicant shall consent by written application to reimburse the Borough for such costs.
(b) 
In addition, the Borough may require a cash escrow to be posted with the Borough to guarantee cleanup of rights-of-way and other public places upon the conclusion of the event. In the event of the applicant's failure to adequately clean up rights-of-way and other public places within 24 hours following the close of the special event or use, the Borough reserves the right to cause such areas to be cleaned up and to charge the applicant's escrow for all costs and expenses in connection therewith.
(2) 
Whenever the requested permit is for an action or activity that will require the use of any Borough street or other Borough property, whether or not such use is connected with a special event, the applicant shall agree to indemnify, defend and hold the Borough harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant's permitted special event or use. The Borough Solicitor shall approve the language of this agreement.
(3) 
Whenever the requested permit is for an action or activity that will require the use of any Borough street or other Borough property, whether or not such use is connected with a special event, the applicant must secure and maintain in full force and effect throughout the duration of the permit comprehensive general liability insurance for bodily injury and property damage, in such amounts as the Borough Solicitor deems necessary, and shall have the Borough of Jim Thorpe named as an additional insured on the policy of insurance that shall include a provision prohibiting cancellation except upon 30 days' prior written notice.
(4) 
Notification of residents.
(a) 
Whenever a requested permit or special event is for an action or activity that will require the closing of any public street in the Borough in excess of two hours, subsequent to Borough Council approval, the applicant or organizer shall notify residents of the affected properties. Acceptable forms of notification are as follows:
[1] 
Posting the affected properties with signs in a place that is clearly visible from the street or sidewalk.
[2] 
Advertising in a local newspaper for two consecutive days.
[3] 
Mail notifications to the affected property owners.
(b) 
Minimum required information will include the date, start time, nature of the special event, the time frame in which the street will be closed and any other information recommended by Borough Council.
(5) 
The applicant must secure all applicable permits, pay all required escrow amounts, and provide the required insurance certificate and hold harmless and indemnification agreement for the special event and provide copies of same to the Borough Secretary at least 10 days prior to commencement of the proposed special event or use.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section or part of this ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance. It is hereby declared as the intent of the Borough of Jim Thorpe that the ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.