A Resolution of the County of Allegheny, Commonwealth of Pennsylvania, authorizing formulation of policies governing the permitting of vendors conducting sales on the Roberto Clemente Bridge or any such other County-owned bridge suitable for such activity.
WHEREAS, some of the greatest and most recognizable assets of Allegheny County and this region are the many bridges that span the rivers and smaller waterways of the area; and
WHEREAS, these bridges are nationally recognizable emblems of the City of Pittsburgh and Allegheny County and, in the case of the Roberto Clemente Bridge, have become inextricably intertwined with the Pittsburgh Pirates and PNC Park to the point that the bridge is closed to vehicle traffic when the Pirates play home games in order to allow for pedestrian traffic, vendors' sales activities, and other activities and events; and
WHEREAS, the Clemente Bridge is owned by the County and, as a result, the County should carefully consider and have established policies for the activities that may be undertaken on the bridge when it is closed to vehicle traffic; and
WHEREAS, Council also recognizes that an opportunity exists to create a new revenue stream through permitting the activities of vendors on the Clemente Bridge as well as additional similar County-owned bridges; and
WHEREAS, currently vendors do utilize the Roberto Clemente bridge and possibly other bridges to conduct business and have not been subject to any County license fees or regulation; and
WHEREAS, it is in the best interest of the County to monitor and set policies guiding vending on County-owned property such as its bridges so as to sure that labor laws, and safety measures are adhered to for the benefit of our citizens;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of Preamble.
The provisions set forth in the Preamble to this Ordinance are incorporated by reference in their entirety herein.
SECTION 2. Amendment of the Code.
The Allegheny County Code of Ordinances is amended and supplemented with the addition of a vendor license policy as follows:
§ 5-703.08. VENDOR LICENSE REQUIRED FOR COUNTY BRIDGES.
No person shall engage in the business of being a vendor or peddler on County owned bridges without first obtaining a license.
§ 5-703.09. DEFINITIONS AND EXCEPTIONS.
(a) PEDDLER as used herein includes any person, whether a resident of the County of
Allegheny or not, traveling by foot from place to place on the bridge without setting a up stationary vendor location, carrying on their person goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products, or provisions offering and exposing the same for sale, or making sales and delivering articles to purchasers or providing entertainment to persons upon the bridge.
(b) VENDOR as used herein includes any person, whether or not a resident of the County of Allegheny, who, without traveling from place to place, sells or offers for sale goods, wares,
merchandise, meats, fish, vegetables, fruits, farm products, or provisions from an approved
vending unit at an approved vendor location.
(c) STATIONARY VEHICULAR VENDOR as used herein includes any person, whether a
resident of the County of Allegheny or not, who sells or offers for sale goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products, or provisions from an approved vending vehicle at a specific and permitted vehicular vendor location.
(d) HOSPITALITY TENT/BOOTH any tent or area used to entertain or provide services, and/or information regarding services or products to persons upon the bridge.
§ 5-703.10. INFORMATION REQUIRED.
The following information is required:
(a) A description of the nature of the business and goods to be bought, sold or rented and the
name, address and phone number of the applicant.
(b) If employed, the name, address and phone number of the employer, together with the
credentials establishing the exact relationship.
(c) The duration and hours of operation for which the right to do business is requested.
(d) A description of any vehicle used and its license number.
(e) Evidence that all required health licenses have been obtained.
(f) An assurance that the vendor and vendor's employees have complied with the Federal "E-verification" program.
(g) A signed statement that the permittee shall hold harmless the County of Allegheny, its officers and employees and shall indemnify the County of Allegheny, its officers and employees for any claims or damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit.
§ 5-703.11. LOUD NOISES, SPEAKING DEVICES, SIGNS, GOODS, SMOKE AND
STRONG ODORS.
(a) No vendor, peddler, vehicular vendor, nor any person in his or her behalf, shall blow a horn, or use any device, including any loud speaking radio or sound amplifying
system upon any bridge where sound of sufficient volume is emitted or produced there from to be capable of being plainly heard upon the bridge or the adjacent areas to the bridge for the purpose of attracting attention to any goods, wares or merchandise which the licensee proposes to sell without prior written permission from the county.
(b) Vendors and vehicular vendors shall be permitted signs attached to their vehicle or vending
unit in compliance with the then existing zoning ordinance regulating same.
on, in or under their vehicle or vending unit. The vehicle or vending unit shall be capable of
mobility at all times. The size of the vending unit shall not be larger than eight (8) feet high, sixteen(16) feet long and four (4) feet wide .
(d) No vendor, peddler, vehicular vendor, nor any person in his or her behalf while on the
streets or public right-of-way, shall create smoke or strong odors through the preparation of
goods to be sold.
(e) Exceptions to the limitations listed herein are subject to approval by the County Manager.
§ 5-703.12 PERMIT APPLICATION AND DURATION.
(a) Permits shall be valid a period of one day or a longer period of time based upon county authorization and may be renewed prior to expiration upon the payment of the permit fee, provided all the requirements of this Chapter are met.
(b) The Director of the Department of Public Works is authorized to promulgate at his/her
discretion additional regulatory guidelines in order to effectuate this ordinance.
§ 5-703.13. LICENSING ADDITIONAL EMPLOYEES.
(a) Vendors with additional employees shall be responsible for employees' violations of this
chapter and the rules and regulations.
§ 5-703.14. SEVERABILITY.
The provisions of this chapter shall be severable and, if any of the provisions hereof
shall be held to be invalid or unenforceable, the remaining provisions of this chapter shall
remain in effect.
§ 5-703.15. FEES FOR VENDOR'S, VEHICULAR VENDOR'S OR PEDDLER'S and HOSPITALITY/INFORMATIONAL BOOTH LICENSE.
The fees will be set within the Allegheny County Bridge Vendor License Schedule which is incorporated by reference within this ordinance.
§ 5-703.16. LISTS OF SITES APPROVED BY COUNCIL.
County Council has approved the following sites for vending on the following bridges:
Roberto Clemente, Andy Warhol and Rachel Carson Bridges
The County reserves the right to include additional County bridges and locations within the control of Allegheny County for vendor licensing as the need for regulation becomes necessary.
SECTION 3. Severability.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or
unenforceable, then that provision shall be considered severable from the remaining provisions
of this Ordinance which shall be in full force and effect.
SECTION 4. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is
hereby repealed so far as the same affects this Ordinance.
SPONSORED BY COUNCIL MEMBERS KRESS