[HISTORY: Adopted by the Borough Council of the Borough of Ligonier 8-14-1986 by Ord. No. 419; amended in its entirety 4-11-2013 by Ord. No. 556. Subsequent amendments noted where applicable.]
The purpose of the Fort Ligonier Days celebration is to emphasize the historical importance of Fort Ligonier, educate the public as to skills, crafts and living at the time of the French and Indian War, and provide the opportunity for civic organizations and members of the community to promote the Ligonier area. This annual celebration has become of such magnitude and significance that it is necessary to provide for traffic control, crowd control and to regulate certain business activities during the celebration in order to protect the safety and well-being of the citizens of the Borough and visitors and their property.
As used in this chapter, the following terms shall have the meanings indicated:
- FESTIVAL AREA
- Any area, whether indoors or outdoors, designated by the Council for the display and/or sale of merchandise, food and/or beverages during the celebration of Fort Ligonier Days.
- Includes any natural person, corporation, partnership, association or firm.
- Includes any person engaged in the sale of food or merchandise during the Fort Ligonier Days celebration but not regularly so engaged during the remainder of the year.
The singular shall include the plural, and the masculine shall include the feminine and the neuter.
This chapter shall be in effect during the annual preparation for and celebration of Fort Ligonier Days held each year. The dates to be observed shall be established each year by resolution of the Council.
The Council may lease the public parking lot on North Market Street, the portions of Main Street and Market Street around the Ligonier Diamond Park and Mellon Park and such other necessary public areas to Fort Ligonier Days, Inc., a nonprofit Pennsylvania corporation, to be subleased by said corporation for arts and crafts booths, food booths and such other uses for the benefit of the celebration as said corporation determines.
Fort Ligonier Days, Inc., a nonprofit Pennsylvania corporation, may establish and collect such rentals for the uses in § 89-4 as it determines to be necessary to offset the cost of the celebration.
No peddling permits shall be issued by the Mayor during the Fort Ligonier Days celebration, and any permits previously issued shall be suspended during this period of time.
Council may by resolution implement special traffic regulations in the Borough to protect the safety of the public and to provide for minimum disruption in traffic passing through the Borough.
Council may on its own initiative or upon application of any interested party consider an outdoor or indoor area for designation as a festival area. Requests by interested parties shall be made by an application which shall first be submitted to Fort Ligonier Days, Inc. for review and recommendation. Approved areas shall be designated by resolution of Council for such period of time as Council may determine. Council may terminate the designation of any festival area at any time.
In determining whether an area should be designated as a festival area, the following factors shall be considered:
In order to provide adequate time for assessment and review of applications, applications must be submitted by August 15 of each year, except that if Council terminates any designation after that date, any affected party shall have the right to reapply within a reasonable time after receipt of notice of the termination.
Permits for outdoor sales.
It shall be unlawful for any person to engage in the outdoor sale of food or merchandise without a permit during the Fort Ligonier Days celebration, and it shall be unlawful for any property owner to rent, sell or provide space to any person to engage in the outdoor sale of food or merchandise without a permit during the Fort Ligonier Days celebration, except that a permit shall not be required for any Borough merchant regularly engaged in business to engage in outdoor sales in the permitted sidewalk right-of-way areas abutting his business premises, provided that the merchant is selling the type of merchandise he normally sells in the day-to-day course of his primary business.
A Borough merchant will be required to obtain a permit to engage in outdoor sales of merchandise in any yard or parking area of the merchant's property, provided that the merchant is selling the type of merchandise he normally sells in the day-to-day course of his primary business on the same property. The merchant must provide the Borough with a drawing showing the layout of the outdoor area to scale and the type of items for sale.
Permits for indoor sales. It shall be unlawful for any person or property owner to rent, sell or provide indoor space to a vendor for the sale of food or merchandise without a permit during the Fort Ligonier Days celebration. Any person or property owner wishing to rent, sell or provide indoor space to a vendor must obtain a permit for each vendor in the indoor area and provide the Borough with a drawing of the indoor vendor area to scale and a list of each vendor booth in the area and type of items for sale. Together with the application, the person or property owner shall provide the Borough with a certificate of insurance listing coverage including comprehensive general liability insurance in an amount not less than $1,000,000 naming the Borough of Ligonier and Fort Ligonier Days, Inc., as additional insureds during the Fort Ligonier Days celebration.
Moratorium on garage sale, yard sale, tag sale, or porch sale permits. No person shall rent, sell or provide space to any person, or engage or conduct any garage sale, yard sale, tag sale or porch sale, and no permits for such sales shall be issued during the Fort Ligonier Days celebration, and any permits previously issued shall be suspended during this time.
[Amended 12-8-2016 by Ord. No. 566]
Any person who may desire to engage in the indoor or outdoor sale of food or merchandise, except for a Borough merchant as set forth in § 89-9A(1), shall file an application on a form provided by the Borough with the Borough Secretary and pay the required fee established by resolution of Council. Upon approval of the application by the Borough Council, the Mayor shall issue a permit to the applicant. The Council shall have the power to appoint an advisory committee to process the applications and shall also have the power to pay over all or part of the collected permit fees to the advisory committee to help defray the costs of the celebration. The Advisory Committee hereunder shall be comprised of two members appointed by Fort Ligonier Days, Inc., two members appointed by the Ligonier Valley Chamber of Commerce and one member of Borough Council appointed by Ligonier Borough Council. The Council may give the power to the Mayor to approve permits which meet the requirements of the Fort Ligonier Days Ordinance and which have been approved by the Advisory Committee.
All persons must display the permits issued hereunder.
The Council shall have the right to prohibit entirely, or regulate by resolution, the character and type of any indoor or outdoor sales establishment requiring a permit. The Council shall have the power to determine locations thereof in the Borough as well as the time of opening and closing and shall in all respects have complete control of said establishments and shall prohibit the same if it deems said establishment to be unnecessary or detrimental to the Fort Ligonier Days celebration or detrimental to the health, safety or welfare of the citizens of the Borough. Further, no permit issued to a food vendor shall be valid unless said vendor has also complied with any and all regulations promulgated by the Commonwealth of Pennsylvania concerning the preparation and sale of food and beverages.
Dogs, cats and/or other pets are prohibited in the festival area during scheduled festival hours. This section does not apply to animals in the Fort Ligonier Days Parade.
No person shall place, erect or maintain any tent, awning, temporary enclosure, or any other structure on his property, or allow any person to do the same on said property, to the extent that such tent, awning, temporary enclosure, or other structure may:
The Borough reserves the right to inspect any such tent, awning, temporary enclosure, or any other structure, and can order its immediate removal if it fails to comply with the requirements listed in this § 89-14. Failure to comply with such order is deemed an immediate violation of this chapter subject to the penalties stated in § 89-17. This § 89-14 shall not apply to public areas leased by the Borough to Fort Ligonier Days, Inc.
Any permit may be revoked by the Mayor or Chief of Police at any time upon failure of the permittee to follow the regulations set forth by the Council.
Any person who displays or sells food or merchandise under the provisions of this chapter hereby indemnifies the Borough against any and all liability resulting from the uses permitted hereunder.
Any person and/or property owner who shall violate any provision of this chapter shall pay a penalty of $600. If said penalty is not voluntarily paid to the Borough, the Borough shall initiate a civil enforcement proceeding before a magisterial district judge. The Borough delegates the initial determination of ordinance violation and the service of notice of violation to any member of the Borough Police Department. A separate offense shall arise for each day or portion of a day in which a violation is found to exist or for each section of the chapter which is found to have been violated. Any person and/or property owner found guilty of violating this chapter shall be assessed court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings. In addition to or in lieu of enforcement through a civil action, the Borough may enforce this chapter through an action in equity brought in the Court of Common Pleas of Westmoreland County.
If any sentence, clause, section or part of this chapter is for any reason be found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of the chapter. It is hereby declared as the intent of the Borough of Ligonier that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.