Municipality of Bethel Park, PA
Allegheny County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 1-12-81C]
49.1.1. 
No person, on or after the effective date of this ordinance, shall conduct or allow to be conducted any temporary outdoor activity as defined in this ordinance without first obtaining a license therefor in compliance with the terms of this ordinance.
49.2.1. 
As used in this ordinance, the following terms shall have the meanings indicated:
49.2.2. 
OUTDOOR ACTIVITY — Any activity conducted outdoors within or about tents or other such contrivances within any commercially zoned districts in the Municipality, including carnivals, outdoor displays of merchandise, vehicles or manufactured products, promotions, amusements, gatherings of people, the outdoor sale of merchandise or products that are normally available for purchase within a completely enclosed building located on the same lot or premises on which the activities are being conducted.
[Amended by Ord. No. 6-11-84]
49.2.3. 
TEMPORARY — A period not to exceed seven consecutive days or seven days within a thirty-day period.
[Amended by Ord. No. 6-11-84D]
49.2.4. 
PERSON — Any person, syndicate, association, partnership, firm, corporation, institution, agency, authority, department or other entity recognized by law as the subject of rights and duties.
49.3.1. 
A sworn application, in writing on a form furnished by the Municipality, shall be filed with the Municipal Manager at least 14 days prior to commencement of the temporary outdoor activity. The applicant for the license shall be the owner or lessee of the property on which the temporary outdoor activity is to be conducted.
49.4.1. 
The license shall contain conditions which the Municipal Manager may deem necessary and appropriate to minimize inconvenience to the public. Such conditions may include, but are not limited to, the hours during which the temporary outdoor activity may operate and the duration of said activity. Further, the Municipal Manager may require the applicant to make arrangements with the Police Department of the Municipality for traffic and crowd control. All costs for said control measures shall be borne entirely by the applicant. Violation of the conditions of the license shall render the license null and void, constitute a violation of this Ordinance and subject the licensee to the penalties provided in this Ordinance.
49.4.2. 
Upon application by a licensee, the Municipal Manager may renew the license, in his sole discretion, for a period of not more than seven days.
49.4.3. 
The license shall be maintained on the property where the subject temporary outdoor activity is conducted at all times and shall be available on demand for inspection and review by any municipal official, representative or employee.
49.5.1. 
Any person who conducts or sponsors a temporary outdoor activity for a charitable, religious or philanthropic purpose shall be exempt from the provisions of this ordinance, provided that said person files with the Municipal Manager a sworn application in writing on a form furnished by the Municipality which includes the following information:
1. 
The name and address of the person, including the name and address of any officers, directors or sponsors of any organization or other entity involved.
2. 
The period during which the temporary outdoor activity is to be conducted.
3. 
A specific statement of the charitable, religious or philanthropic purpose.
4. 
The relationship between the temporary outdoor activity and that stated purpose.
5. 
That the exempt organization agrees to pay for all costs to the Municipality associated with traffic and crowd control.
[Added by Ord. No. 8-13-90B]
6. 
Temporary activities of exempt organizations may include items not normally available for purchase on the property where the activities are to be conducted and may occur at any location within the Municipality.
[Added by 9-10-91C]
7. 
Temporary activities of exempt organizations under these provisions are limited to two times per calendar year with each occurrence not to operate longer than 48 consecutive hours.
[Added by 9-10-91C]
49.5.2. 
If the Municipal Manager is satisfied that the stated purpose is charitable, religious or philanthropic and that the temporary outdoor activity is in furtherance of that purpose, the exemption of this section shall apply, and he shall no notify the applicant in writing. The Manager's written exemption notice shall be maintained on the property where the subject temporary outdoor activity is conducted at all times and shall be available on demand for inspection and review by any municipal official, representative or employee.
[Added by Ord. No. 8-13-90B]
49.6.1. 
The outdoor sale of merchandise or products that are normally available for purchase within a completely enclosed building located on the same location or premise on which the activities are being conducted is exempt from the provisions of this chapter, if the following conditions are met:
1. 
No sales take place within any established parking lot area or within any fire lane.
2. 
That at least a three foot walkway be maintained for pedestrian access along any sidewalk located adjacent to any building.
3. 
That all sales occur within 10 feet of any building.
4. 
That no portable or movable signs such as an "A-frame" sign be used in conjunction with said sales.
5. 
That sales do not interfere with safe access by pedestrians to the building.
6. 
That the sales area be separated from vehicular access by a curb, fence or similar such device.
[Added 8-13-1990 by Ord. No. 8-13-90B; amended 10-11-1995 by Ord. No. 10-11-95A]
49.7.1. 
The outdoor sale of Christmas trees is permitted between November 15th and December 31st if the following conditions are met:
1. 
That sales do not interfere with safe access by pedestrians to the building.
2. 
That all sales areas be free and clear of all trees and rubbish and sales paraphernalia and equipment by January 5th of each year.
3. 
That no sales shall occur in any residentially zoned area or on vacant lots without buildings.
4. 
That no trailers or other temporary structures (except racks to hold trees) be used in conjunction with the Christmas tree sales.
5. 
That no parking spaces required by the Zoning Ordinance be used for the sale of trees.
6. 
That a copy of the certificate to collect sales tax be displayed at the sales location and be provided to the Municipality upon request.
[Amended 12-11-1995 by Ord. No. 12-11-1995A; 11-12-2012 by Ord. No. 11-12-12B]
49.8.1. 
At the time the license application is filed, the applicant shall pay the Municipality a license fee. The fee shall be set in accordance with a schedule of fees, charges, or expenses as determined by Municipal Council.
49.9.1. 
No licensee shall permit the following on the licensed premises:
1. 
Shouting or crying out.
2. 
Musical instruments, drums, sound-making devices or amplifiers played or used in such manner as to be heard on any abutting or adjacent residential property.
3. 
Activity or conduct in violation of any municipal, state or federal laws or duly enacted ordinances or regulations.
49.10.1. 
Any person who shall violate any provision of this ordinance shall be guilty of a summary offense and shall be fined a sum not to exceed $300 for each violation. Each day such violation exists shall constitute a separate violation.
49.11.1. 
The provisions of this ordinance are declared to be severable; and if any section, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance, but they shall stand notwithstanding the invalidity of any part.
49.12.1. 
Any ordinance or part of an ordinance conflicting with the provisions of this ordinance be and the same is hereby repealed to the extent of such conflict.