[Ord. 177, 5/7/1945; as amended by Ord. 779, 7/6/2009]
As used in this Part, the following terms shall have the meanings
indicated:
BOROUGH
Borough of Selinsgrove, Snyder County, Pennsylvania.
DIRECTOR OF PUBLIC MARKET
The Selinsgrove Borough Manager or such other person as the
Borough Council may duly appoint at a regular or special meeting or
at its reorganization meeting.
MARKET DAY
A day designated by the Director for the Public Market between
the hours of 5:00 a.m. and 5:00 p.m.
MARKET SEASON
The days designated by the Director to be Market Days during
a calendar year. On or before March 15 of each year the Director shall
designate the market season for that calendar year.
PERSON
Any individual, firm, corporation, association, or partnership.
PUBLIC MARKET
Such places or spaces within the Borough duly designated
by this Part, or from time to time by the Borough Council, for the
purposes of displaying and selling the items permitted by this Part.
[Ord. 177, 5/7/1945; as amended by Ord. 779, 7/6/2009]
1. A public
market shall be and the same is hereby established at the following
designated places in the Borough:
A. The sidewalks
along the west curbline of Market Street between University Avenue
and Chestnut Street.
B. The Selinsgrove
Commons at the northwest corner of Pine Street and Market Street.
C. Such
other places or spaces as may hereafter be designated by the Borough
Council.
[Ord. 177, 5/7/1945; as amended by Ord. 779, 7/6/2009]
Days and hours for holding the public market shall be established
at the sole discretion of the Director of the Public Market. At no
time shall the Director permit the erection of any permanent structure
or structures for the conduct of the public market or any aspect thereof.
The public market is intended to be, and shall be, a temporary or
seasonal occurrence.
[Ord. 177, 5/7/1945; as amended by Ord. 779, 7/6/2009]
1. All persons
selling or offering for sale any vegetables, fruit, flowers, poultry
or food products whatsoever within the public market shall be subject
to the following rules and regulations and be governed thereby:
A. Rule
1. All persons are prohibited from occupying space or stands within
the limits of the Public Market, except farmers, gardeners, artisans,
craftpersons, or persons growing, raising, creating, fabricating,
or producing the vegetables, fruit, flowers, poultry, photographs,
artwork, crafts, or food products offered by them for sale in the
public market, with the exception of persons otherwise issued a permit
by the Borough.
B. Rule
2. Any and all fruit, produce, poultry, baked goods, or other food
products shall only be prepared, preserved, and sold in full and complete
compliance with the rules and regulations of Pennsylvania Food Code,
7 Pa.Code, Chapter 46, and the United States Department of Agriculture
for the sale of such items to the public.
C. Rule
3. No person or persons shall enter the public market for the purpose
of selling or offering for sale any items before 5:00 a.m. on the
day of the public market and all persons occupying places or spaces
within the public market shall cease all sales by 4:00 p.m. and shall
remove all stands, vehicles and sale items from the public market
by 5:00 p.m. the same day. The Director of the Public Market may,
in his discretion, extend the hours set forth above as the occasion
or circumstances may require it.
D. Rule
4. All garbage and refuse shall be removed promptly by those responsible
for same. No refuse of any kind shall be thrown into any storm sewer
inlet or in any can or receptacle provided by the Borough for public
use.
E. Rule
5. No person or persons shall occupy more than five feet in width
of the sidewalk or footway in the area designated in §13-202.A
above, measuring from the outside of the curb and no portion of the
street shall be occupied during the market hours except for purposes
of loading and unloading, delivering or receiving merchandise and
equipment or the parking of motor vehicles or wagons owned by the
persons occupying the market space as licensees under this Part; provided,
also, that such motor vehicles and wagons, if parked in the street
abutting the market space, shall be parked in a position horizontal
to the sidewalk.
F. Rule
6. All streets, crossings, and pavement approached thereto shall be
free and clear from all obstructions.
G. Rule
7. No licensee shall sublet or assign the space or place allotted
to him, her or it at any time. The license granted by the Borough
for a space or place at the public market is not assignable and is
strictly personal to the licensee.
H. Rule
8. All spaces within the public market shall be assigned by the Director
of the Public Market; however, the Director may permit the managing
committee and/or the Selinsgrove Hometown Harvest Farmers’ Market
Manager to act for and on his behalf as the occasion or circumstances
may require.
I. Rule
9. No person shall dissuade or attempt to dissuade any other person
from attending the public market, or to persuade or attempt to persuade,
any other person to advance prices or to maintain uniform prices for
items offered for sale at or within the public market.
J. Rule
10. All persons using space within the public market shall immediately
upon their arrival in the market, place a selling price on each and
every item offered for sale. Those selling prices can be decreased
but shall not be increased during the marketing hours of that particular
day.
K. Rule
11. No person selling or offering for sale any items within the Public
Market shall enter into any agreement to enhance the price of such
items which agreement shall operate in restraint of lawful trade or
free competition between sellers and buyers.
L. Rule
12. The Borough reserves the right, at any time it deems expedient,
to amend, modify, alter, or change any of the rules and regulations
governing the public market and purchasers of space shall be subject
to any conditions, restrictions or modifications that the Borough
Council may hereafter, from time to time, impose by ordinance.
M. Rule
13. The Director of the Public Market shall have general charge of
the public market and shall cause rules and regulations governing
the same to be strictly enforced. All rules and regulations promulgated
by the Director of the Public Market are incorporated herein by this
reference and shall have the same force and effect as if they were
set forth herein at length.
[Ord. 177, 5/7/1945; as amended by Ord. 434, 10/4/1976; by Ord. 779, 7/6/2009; and by Ord.
825, 10/3/2016]
A person who is issued a permit to occupy a space in the public
market specified in §13-202.A and C, shall pay a fee in an amount
as established, from time to time, by resolution of Borough Council,
per space per market season or, if less than a season of occupancy
is desired, per day fee for each market day or part thereof of occupancy.
A person who occupies a space within the Selinsgrove Commons specified
in §13-202.B, above shall pay such fees and costs as promulgated
by the managing committee and/or the Selinsgrove Hometown Harvest
Farmers’ Market Manager and such fees shall be paid to Selinsgrove
Projects, Inc. Upon receipt of the payment, the Director shall designate
in writing the space to be occupied by the licensee for the areas
specified in §13-202.A and C above.
[Ord. 177, 5/7/1945; as amended by Ord. 434, 10/4/1976; by Ord. 779, 7/6/2009; and by Ord.
825, 10/3/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $50 nor more than
$1,000 plus costs and reasonable attorney fees incurred by the Borough
in the enforcement proceeding and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this Part continues or each Section of this Part
which shall be found to have been violated shall constitute a separate
offense.
[Ord. 177, 5/7/1945; as added by Ord. 779, 7/6/2009]
The provisions of this Part shall supersede and/or supplement the provisions regarding outdoor marketing contained in Part
1, Peddling, and Chapter
27, Zoning, of the Selinsgrove Borough Code. In the event the provisions of this Part and those Chapters are in direct and irreconcilable conflict the terms of this Part shall control with regard to permitting or restricting the operation of the public market within the Borough.