Part 2
Public Market
§13-201 Definitions.
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 a.m. and 5 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, §3)
§13-202 Designation of Locations.
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, §3)
§13-203 Dates and Times for Public Market.
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, §3)
§13-204 Rules.
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 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 p.m. and shall remove all stands, vehicles and sale items from the public market by 5 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 5 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. 779, 7/6/2009, §3)
§13-205 Payment of Fees.
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, §98-5; by Ord. 779, 7/6/2009, §3; and by Ord. 825, 10/3/2016, §5(B))
§13-206 Violations and Penalties.
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 amended by Ord. 434, 10/4/1976, §98-6; by Ord. 779, 7/6/2009, §3; and by Ord. 825, 10/3/2016, §5(B))
§13-207 Retention of Provisions for Historical Purposes.
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.
(Ord. 177, 5/7/1945; as added by Ord. 779, 7/6/2009, §3)