[HISTORY: Adopted by the Mayor and Council of the Borough
of Palmyra 3-18-2013 by Ord. No.
2013-2. Amendments noted where applicable.]
GENERAL REFERENCES
Block parties — See Ch. 82.
Flea markets — See Ch. 124.
Garage sales — See Ch. 129.
Peddling and soliciting — See Ch. 197.
Precious metals, gems and secondhand goods — See Ch. 202.
Streets and sidewalks — See Ch. 237.
Storage of tires — See Ch. 252.
Outdoor vending machines — See Ch. 270.
A.
The purpose
of this chapter is to permit certain displays in front of stores,
to assist the merchants to market their merchandise and goods and
to enhance the vitality and commerce of the Borough of Palmyra.
B.
The provisions
of this chapter shall be applicable to the following zoning districts:
TC Town Center Commercial, NC Neighborhood Commerce and OC Office
Commercial.
A.
Merchandise and goods that are offered for sale within a store may
be displayed in front of the exterior storefront within the sidewalk
right-of-way only with a permit obtained pursuant to this chapter.
B.
Merchandise and goods displayed within the public right-of-way must
be within 1/3 of the distance to the curb, measuring perpendicular
from the front edge of the store. The decorative display shall not
obstruct the storefront entrance. The top of any display shall not
be higher than eight feet above the sidewalk surface.
C.
A safe, continuous path on the public sidewalk with a minimum of
2/3 of the right-of-way (sidewalk) must be maintained for pedestrian
traffic to pass in front of the property having an outdoor decorative
display.
D.
The display shall not contain front lighting, backlighting and/or
lighting within the display.
E.
However, merchandise itself that contains lighting may be displayed.
No power lines or extension cords shall be used to provide power to
the display.
F.
The above-referred-to merchandise and goods permitted to be displayed
in front of the exterior storefront may be displayed on temporary,
removable supports such as benches, shelves, bookshelves, decorative
carts and similar kinds of supports. The supports and products shall
be removed at the end of each day of business. Packing cartons, permanent
supports, and cardboard boxes are prohibited and may not be displayed.
Tents or temporary sheltering displays shall not be permitted.
G.
No sales may occur outside the store. All sales must be conducted
within the store.
H.
All displays of merchandise and goods under the provisions of this
chapter, and all window boxes or other exterior fixtures on a commercial
building, shall be kept neat and clean and in good repair, and free
from dead plants, trash, litter, and other debris.
I.
No merchandise, wares, goods, foods, clothing, apparel, etc., for
sale may be displayed in front of the exterior of any store or building
in the public right-of-way, except as provided in this chapter.
A.
Any merchant choosing to decoratively display merchandise and goods
under the provisions of this chapter shall obtain an annual permit
from the Borough of Palmyra by submitting in writing a zoning permit
application requesting such permission and sketch identifying the
approximate location of items to be displayed. An annual application
fee of $25 shall be paid upon submission of the application. The application
shall be submitted to the Zoning Officer who shall review the application.
The Zoning Officer shall inform the applicant of approval or denial
of the application within five business days.
B.
The Borough of Palmyra, in its discretion, may revoke any permission
granted whenever it deems necessary. Permits issued pursuant to this
chapter shall be nontransferable.
The Zoning/Code Enforcement Officer may suspend the operation
of this chapter or may prohibit the display of merchandise on certain
days and times, and for certain events.
A.
If the Zoning/Code Enforcement Officer determines that any decorative
display of merchandise and goods is in a state of disrepair, unclean
or not in compliance with the layout and approved items per the permit,
or if the Zoning/Code Enforcement Officer has determined that the
holder of the permit or the owner of the real estate for which the
permit is issued is in violation of any other municipal ordinance
or regulation or state statute or regulation, the Zoning/Code Enforcement
Officer shall give written notice to the permit holder of the unsatisfactory
condition of the facility and/or the violation of the terms of the
permit, or the ordinance, statute or regulation of which the holder
of the permit or property owner is in violation.
B.
The permit holder shall thereafter have 24 hours to correct the unsatisfactory
condition or permit violation, or ordinance, statute or regulation
violation. If the unsatisfactory condition or violation is not corrected
within the twenty-four-hour period, the Zoning/Code Enforcement Officer
may thereafter suspend the permit, and any decorative display of merchandise
and goods must cease operation.
C.
The Zoning/Code Enforcement Officer may, in addition to suspending
the permit or as an alternative, file a Municipal Court complaint
or a Superior Court complaint against the permit holder, or take any
other lawful action to enforce the ordinance, statute or regulation
violated.
Any person who shall violate any part of this chapter, or do
any act or thing prohibited, or refuse or fail to comply with an order
of the Zoning/Code Enforcement Officer, or an order of the Borough
Council, shall, upon conviction thereof before any judicial officer
authorized to hear and determine the matter, be subject to fine not
to exceed $2,000 per day. Whenever such person shall have been officially
notified by the Zoning/Code Enforcement Officer or by service of a
summons in a prosecution, or in any other official manner, that such
person is committing a violation, each day's continuance of such
violation after such notification shall constitute a separate offense.
