[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.
A.
FESTIVAL AREA
PERSON
VENDOR
As used in this chapter, the following terms shall have the meanings
indicated:
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.
B.
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.
A.
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.
B.
In determining whether an area should be designated as a festival
area, the following factors shall be considered:
C.
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.
A.
Permits for outdoor sales.
(1)
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.
(2)
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.
B.
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.
D.
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.
A.
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:
B.
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.
