[HISTORY: Adopted by the City Council of the City of Clairton 9-25-1984 by Ord. No. 1384. Amendments noted where applicable.]
No person on or after the effective date of this chapter shall conduct or allow to be conducted any temporary outdoor activity as defined in this chapter without first obtaining a license therefor in compliance with the terms of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR ACTIVITY
- Any activity conducted outdoors within or about tents, vehicles
or other such contrivances within any business districts in the City,
including carnivals, outdoor displays of merchandise, vehicles or
manufactured products, promotions, amusements, gatherings of people
or the outdoor sale of merchandise or products that are normally available
for purchase within a completely enclosed building located on the
same lot or premises on which the activities are being conducted,
also including any activity involving the sale or offering for sale
of any goods or merchandise whatsoever, whether by peddling, hawking
or huckstering on foot, from a vehicle or by any other means.[Amended 4-14-1992 by Ord. No. 1518]
- Any person, syndicate, association, partnership, firm, corporation, institution, agency, authority, department or other entity recognized by law as the subject of rights and duties.
- A period not to exceed seven consecutive days or seven days within a thirty-day period.
[Amended 4-14-1992 by Ord. No. 1518]
A sworn application, in writing, on a form furnished by the City Manager or the City Manager's designee, shall be filed with the City Manager at least 14 days prior to commencement of the temporary outdoor activity. The applicant for the license shall be the owner or lessee of the property on which the temporary outdoor activity is to be conducted.
If the application for a license under the provisions of this section is approved, the City Manager shall issue the license.
The license shall contain conditions which the Chief of Police may deem necessary and appropriate to minimize inconvenience to the public. Such conditions may include but are not limited to the hours during which the temporary outdoor activity may operate and the duration of said activity. Further, the Chief of Police may require the applicant to make arrangements with the Police Department of the City for traffic and crowd control. All costs for said control measures shall be borne entirely by the applicant. Violation of the conditions of the license shall render the license null and void, constitute a violation of this chapter and subject the licensee to the penalties provided in this chapter. Upon application by a licensee, the Chief of Police may renew the license, in his or her sole discretion, for a period of not more than seven days.
The license shall be maintained on the property where the subject temporary outdoor activity is conducted at all times and shall be available on demand for inspection and review by any City official, representative or employee.
Any person who conducts or sponsors a temporary outdoor activity for a charitable, religious or philanthropic purpose shall be exempt from the provisions of this chapter, provided that said person files with the Chief of Police a sworn application, in writing, on a form furnished by the City which includes the following information:
The name and address of the person, including the name and address of any officers, directors or sponsors of any organization or other entity involved.
The period during which the temporary outdoor activity is to be conducted.
A specific statement of the charitable, religious or philanthropic purpose.
The relationship between the temporary outdoor activity and that stated purpose.
If the Chief of Police is satisfied that the stated purpose is charitable, religious or philanthropic and that the temporary outdoor activity is in furtherance of that purpose, the exemption of this section shall apply and he or she shall so notify the applicant in writing.
The Chief of Police's written exemption notice shall be maintained on the property where the subject temporary outdoor activity is conducted at all times and shall be available on demand for inspection and review by any City official, representative or employee.
At the time the license application is filed, the applicant shall pay to the City the following license fee:
No licensee shall permit the following on the licensed premises:
Shouting or crying out.
Musical instruments, drums, sound-making devices or amplifiers played or used in such manner as to be heard on any abutting or adjacent residential property.
Activity or conduct in violation of any municipal, state or federal laws or duly enacted ordinances or regulations.
[Amended 4-14-1992 by Ord. No. 1518]
Any person who shall violate any provision of this chapter shall be guilty of a summary offense and shall be fined a sum not to exceed $600, plus costs of prosecution and, in default of payment of such fine and costs, to imprisonment for a term not exceeding 90 days for each violation. Each day such violation exists shall constitute a separate violation.