[HISTORY: Adopted by the Township Council of the Township
of Upper Darby 4-17-2019 by Ord.
No. 3056. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Farmers'
Market Ordinance."
The purpose of this document is to provide regulation for the
management of farmers' markets in Upper Darby Township.
As used in this chapter, the following terms shall have the
meanings indicated:
An off-street retail sales use operated by a governmental
agency, nonprofit organization, or one or more producers that primarily
sells farm products and value-added farm products directly to the
public.
Items sold at a farmers' market from a producer. Farm
products shall include, but are not limited to, agricultural products
such as fruits, vegetables, herbs, nuts, eggs, honey or other bee
products, flowers, nursery stock, livestock food products and seafood.
A person or organization that manages the operation of the
farmers' market, assigns spaces to producers and sellers, directs
the maintenance of premises and records, and performs related duties
as required. The market manager shall be the applicant for the use
permit and coordinate all other required permits.
The person or entity that:
A product processed by a producer from a farm product, including
but not limited to baked goods, jams, jellies, canned vegetables,
dried fruits, syrups, salsas, salad dressings, flours, coffee and
other beverages, smoked or canned meats or fish, sausages or prepared
foods.
Any person who exhibits, displays, offers for sale or sells
any farm product or value-added farm product from any stand in the
farmers' market.
Any governmental entity, nonprofit organization or one or more
producers who wishes to operate a farmers' market must first
obtain all applicable permits from the Department of Licenses and
Inspection when proposing to operate on private property and the Department
of Leisure Services when proposing to operate on publicly-owned property.
B.
Farmers' market vendors must comply with Upper Darby Township Code Chapter 328, Health and Sanitation, and the Pennsylvania Department of Agriculture Act 106 of 2010, 3 Pa.C.S.A. Chapter 57, Food Protection.
C.
Hours of operation. All outdoor display and sales of merchandise
shall begin no earlier than 8:00 a.m. and cease no later than 4:00
p.m.
A.
All farmers' markets shall have a market manager authorized
to direct the operation of all vendors participating during all hours
of operation.
B.
All farmers' markets shall have an established set of operating
rules addressing the governance structure of the farmers' market,
hours of operation, maintenance and security requirements and responsibilities,
appointment of a market manager.
C.
There shall be no use of public address systems at farmers'
markets.
D.
All temporary structures used for outdoor farmers' markets shall
be removed on the same day of operation.
E.
All farmers' market permit applications shall include a plan
for the cleanup of litter. Exterior trash receptacles shall be provided
for all outdoor farmers' markets. All trash generated from farmers'
markets shall be disposed of immediately following the closing of
the operation.
F.
An outdoor farmers' market cannot obstruct a sidewalk or path
that is part of a pedestrian or bicycle transportation system.
G.
All farmers' markets and their vendors shall obtain and display
on site all required operating and health permits and licenses from
the Pennsylvania Department of Agriculture and/or Upper Darby Township
Health Department. All required permits and licenses shall be in the
possession of the market manager or vendor during all hours of operation.
H.
A site plan shall be submitted with the permit application showing
all existing improvements on the property, off-street parking areas
and driveways and the specific area dimensions to be occupied by the
Farmers' Market.
Any person, firm or corporation violating any of the provisions
of this chapter shall be subject to a fine of not more than $1,000
per violation and, upon default of the payment thereof, be sentenced
to undergo imprisonment for a period not exceeding 30 days.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect any
of the remaining provisions, sentences, clauses, sections, or parts
of this chapter. It is hereby declared as the intent of the Upper
Darby Township Council that this chapter would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
This chapter shall become effective immediately after enactment
according to law and shall remain in effect hereafter until revised,
amended or revoked by action of the Upper Darby Township.
Any ordinance or part of an ordinance to the extent that it
is inconsistent herewith is hereby repealed.
