[Adopted 10-8-2003 by Ord. No. 132; amended in its entirety 4-23-2009 by Ord. No. 163]
Except as set forth herein, no property owner shall engage in, or allow any other person to engage in, any transient retail business on the owner's property within the Township of Barrett without the property owner first having obtained a permit by making an application pursuant to §
366-4 of this article and paying a fee as established, and changed from time to time, by a resolution of the Barrett Township Board of Supervisors. All fees collected for permits issued under this article shall be for the use of Barrett Township.
No permit shall be obtained by and no permit fee shall be charged:
A. To farmers selling their own produce on their own property;
B. For the sale of goods, foods, wares, and merchandise donated by the
owners thereof, the proceeds of which are to be applied to any charitable
or philanthropic purpose;
C. To any nonprofit, religious or other charitable organization, or
to any activity sponsored by such nonprofit, religious or other charitable
organization;
D. To children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products, and the like,
or who represent the Boy Scouts or Girl Scouts or similar organizations;
E. To the seeking or taking of orders by insurance companies or their
brokers authorized to transact business under the insurance laws of
the Commonwealth of Pennsylvania;
F. To persons holding garage, yard or similar sales on their own property.
Every property owner required to obtain and desiring a permit
under this article shall first make application to the Barrett Township
Zoning Officer for such permit. The property owner shall state or
submit the following information:
A. The property owner's name, current residence address and telephone
number;
B. If different from the property owner, the name, current residence
address and telephone number of the person engaging in the transient
retail business on the property owner's property;
C. Proof satisfactory to the Township that the transient retail business and activities will not infringe on any parking at the host location that is required by Chapter
525, Zoning, of the Code of the Township of Barrett.
D. A certificate of insurance in form acceptable to the Township, certifying
that property owner has in effect public liability insurance with
limits of at least $500,000 and property damage limits of at least
$250,000, which policy shall name Barrett Township as an additional
insured.
E. Proof satisfactory to the Township that the person engaging in the
transient retail business possesses all applicable local, state or
federal licenses or permits that are required for the goods, wares
or merchandise to be offered for sale for the transient retail business.
F. Any other relevant information requested by the Township.
No person in any transient retail business shall:
A. Sell any product or type of product not mentioned in his permit;
B. Attempt to sell his wares upon any streets, alleys, sidewalks or
public grounds in Barrett Township;
C. When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in Barrett Township for longer than necessary
in order to sell therefrom to persons residing or working in the immediate
vicinity;
D. Park any vehicle upon any of the streets or alleys in Barrett Township
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 unsaleable through
handling, age or otherwise; or
E. Engage in such transient retail business before 8:00 a.m. or after
8:00 p.m.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Barrett Township Zoning Officer and/or the Pocono Mountain
Regional Police Department shall supervise the activities of all persons
holding permits under this article and shall have any and all powers
necessary to enforce this article in the case of any violation. They
shall keep a record of all permits issued hereunder and shall make
a report thereof each month to the Board of Supervisors.
The Barrett Township Zoning Officer is hereby authorized to
deny, suspend or revoke any permit issued under this article when
the permit applicant fails to furnish any information required hereunder;
or for violation of any provision of this article; or for giving false
information upon any application for a permit hereunder. Appeals from
any suspension, revocation or denial of a permit may be made to the
Barrett Township Board of Supervisors at any time within 10 days after
such suspension, revocation or denial, and a hearing shall be held
within 30 days of the petition for appeal. No part of a permit fee
shall be refunded to any person whose permit shall have been suspended
or revoked.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed. Specifically, Barrett Township Ordinance
132 is amended and restated as set forth herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect any
other sentence, clause, section, or part of this article, it being
the intent of the Board of Supervisors that this article would have
been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
This article shall become effective five days after enactment.