[Adopted 11-14-2013 by Ord. No. 1005]
The Council of the Borough of Charleroi does hereby direct that any person and/or entity that displays goods on sidewalks within the Borough shall do so in accordance with this article. Failure to do so in accordance with this article shall subject the person and/or entity that violated this article to the fines and penalties set forth in § 300-31. The provisions of this article shall not apply to the sale, storage or display of nonperishable items, including newspapers or periodicals, in a unit that is fully enclosed and does not encompass a space greater than 36 inches in width, 36 inches in length and 48 inches in height.
A person and/or entity intending to display goods on sidewalks within the C-3 Community Business Zoning District shall:
First obtain a permit, to be issued by the Borough Manager in accordance with the rules and procedures as set forth in § 300-30;
Place the display against the front exterior wall of the building;
Not extend the display more than 32 inches from the building façade (provided that the sidewalk in front of the display shall remain unobstructed for a continuous width of at least 42 inches from curb to display);
Not place a display or displayed items which, as displayed, exceed five feet in height;
Not place a display or displayed items which, as displayed, exceed eight feet in length;
Not obstruct or block entrances to any existing building in the C-3 Business District;
Set the display a minimum of three feet from the corner of any building which is located on the corner of an intersection of any streets, alleys and/or avenues within the Borough and in a location that provides adequate visibility for intersecting pedestrian and motor vehicle traffic;
Only place the display and/or displayed items, including a sign for the display, between the hours of 7:00 a.m. and 8:00 p.m., daily, and only at times when the permit holder is open for business, and has a person present who is capable of monitoring and attending to the display;
Remove all displays and displayed items no later than 8:00 p.m. each day, with the exception of self-standing floral arrangements, plant displays or items manufactured and approved for permanent outdoor display;
[Amended 3-13-2014 by Ord. No. 1007]
Remove all displays and/or displayed items during periods of inclement weather, such as high winds or heavy rains, during which the display may create a safety hazard;
Not include appliances, automotive parts, electronics, lawn maintenance machines, industrial supplies, industrial furniture, office furniture, trash cans, couches, loveseats, recliners and any cloth furniture not designed or originally sold for outdoor use and/or potentially hazardous merchandise such as equipment and/or machines operated by gasoline or kerosene (excepting establishments which display motor vehicles on private lots which otherwise comply with the Borough ordinances);
Not display any item of breakable glass and similar goods that, if broken, will shatter or create a hazard to pedestrians;
Only display merchandise offered for sale on the premises in front of which it is displayed;
Not display items on or attached to balconies, overhangs or awnings about the sidewalk;
Maintain displays and displayed items in a safe, neat and orderly appearance at all times;
Not display items in containers such as garbage bags, boxes, and/or garbage cans;
Not include with the display any sign that exceeds eight square feet and having a height greater than four feet, and no more than one sign per business is permitted;
[Amended 3-13-2014 by Ord. No. 1007]
Not include with the display any sign that obstructs regular pedestrian traffic or parking on the street;
Include only clothing when displayed on hangers, flat wall-type display or folded and placed on tables or similar display. Baskets, bags, or bins of clothing are strictly prohibited;
Not be eligible for a permit for more than one display, regardless of the size of property or the ownership of adjacent properties or parcels;
Not, as part of a display, include tables and chairs, utilized for seating purposes, unless placed at properly licensed retail food establishments;
Only be permitted to have one display permit per tax parcel; and
All displays must meet requirements set forth by the Americans with Disabilities Act.
Persons and/or entities (in this section referred to as "applicant") conducting a business in the C-3 Community Business Zoning District may apply for and be issued an annual permit to display goods on the sidewalks in front of that business according to the following terms and conditions:
The applicant shall submit the attached application, along with an annual permit fee in an amount established from time to time by resolution of the Borough Council, to the Borough Secretary.
The permit application shall be reviewed by the Borough Manager, who, upon review and approval of the Code Enforcement Officer, may issue a permit when the applicant demonstrates:
That the planned display will comply with the requirements of this article;
That he/she is not currently subject to a citation for violation of this article or subject to a revocation of permit under this article;
That he/she is not seeking approval of a display that would be injurious to the health, safety and/or welfare of the community; and
That no other current permit has been issued for the display's intended location, as identified by a tax parcel identification number designated by the Washington County Tax Assessment Office.
If the Borough Manager denies the issuance of a permit, the applicant may appeal the denial to the Borough Council in writing. Such appeal shall be filed no later than 30 days from the date of denial of the permit and shall be filed with the Borough Secretary on a form approved by Council. The Borough Secretary shall place the receipt of the appeal on the agenda of Council's next regularly scheduled voting meeting, and Council shall schedule a hearing on the appeal to occur within 60 days of the filing of the appeal, unless good cause exists to schedule the hearing at a later date. Council's hearing of the appeal shall be public and shall be conducted in accordance with the Local Agency Law.
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A. § 751 et seq.
Any permit issued pursuant to this section, regardless of when it is issued during any calendar year, shall expire on December 31 of the calendar year in which it is issued.
The Code Enforcement Officer is authorized to revoke and/or suspend any display permits if the display is not in compliance with this article. Such suspension and/or revocation shall be effective immediately upon of the posting of a "remove display" notice upon the premises where the noncompliant display is located. The permit holder shall have the right to appeal the suspension or revocation to Borough Council. Such appeal shall be filed no later than 30 days from the date of the suspension or revocation of the permit and shall be filed with the Borough Secretary on a form approved by Council. The Borough Secretary shall place the receipt of the appeal on the agenda of Council's next regularly scheduled voting meeting, and Council shall schedule a hearing on the appeal to occur within 60 days of the filing of the appeal, unless good cause exists to schedule the hearing at a later date. Council's hearing of the appeal shall be public and shall be conducted in accordance with the Local Agency Law.
A person and/or entity may request a waiver from this article in the C-3 Zone for the purposes of a yard sale, garage sale, sidewalk sale or other special event. Such a waiver may be granted by the Borough Manager for a forty-eight-hour period up to two times per year, per applicant, per property, as identified by its tax parcel identification number. The applicant for a waiver shall file such request in writing on a form approved by Council and shall file the request with the Borough Secretary. Such request for waiver shall be filed with the Secretary and presented to the Borough Manager no less than 30 days prior to the requested dates of intended display. The Borough Manager may issue a waiver so long as the intended display does not pose a threat to the health, safety and welfare of the community and substantially complies with the requirements of § 300-29. To the extent the intended display does not comply with § 300-29, the waiver application shall identify the noncompliant nature of the display and set forth the applicant's plan to prevent the noncompliance from adversely impacting the health, safety and welfare of the community and the creation of a nuisance.
Any person and/or entity violating any provision of this article shall be guilty of a summary offense, subject to summary prosecution, and shall be fined not less than $50 nor more than $1,000 per occurrence and shall be subject to imprisonment of not more than 30 days, or both. Each day a person and/or entity violates this article shall be considered a separate occurrence and shall subject the violator to further fines and/or penalties.
Prior to issuing a citation for violation of this article, the Code Enforcement Officer and/or any other person authorized by Council shall notify the violator of the violation and afford the violator 48 hours to bring the display into compliance. Such notice shall be complete upon posting a notice of violation in a prominent place on the premises where the noncompliant display is located or by contacting by telephone the permit holder or, in the event posting or telephoning is not practicable, sending via the United States Mail, first-class, postage prepaid, a notice of violation to the permit holder. This notice of violation shall not be construed as a precondition to the Code Enforcement Officer's issuance of a "remove display" notice.
The provisions of this article shall become effective on December 15, 2013.