(1) Definitions.
(a) Blockface. One Side of a segment of a street that does not extend beyond any intersection with another street, or portion thereof.
(b) Farmers' Market. An area where on designated days and times, growers and producers of horticultural and agricultural products sell those products directly to the public.
(c) Farmers' Market Entity. A person who organizes, manages and operates a Farmers' Market.
(d) Farmers' Market Vendor. A person or entity who exhibits, displays, offers for sale or sells exclusively horticultural or agricultural products, baked goods, prepared foods, or handmade products from any stand while at a Farmers' Market. 542
(e) Sidewalk. All that area legally open to public use as a pedestrian public way between the curb line and the legal house line of the abutting property.
(f) Stand. One or more showcases, tables, benches, racks, handcarts, pushcarts, canopies that do not require permits under the Fire Code, stalls or any other fixtures, devices or things which are used by a Farmers' Market vendor to display, exhibit, carry, transport, store, offer for sale, temporarily shelter, or sell any food, beverages, goods, wares or merchandise upon the sidewalk.
(g) Department. Unless otherwise specified, in this Section 9-213 "Department" shall mean the Department of Public Health.
(h) Farmers' Market Sponsor. A person or entity designated by the Farmers' Market Entity as a supporter of the Farmers' Market because it provides financial or other tangible support to the Farmers' Market. 543
(2) Registration.
(a) It shall be unlawful for any person to operate a Farmers' Market without first registering such operation with the Department. Each Farmers' Market entity will be assigned one registration number for each market it operates. Registrants shall submit information in form and content as instructed by the Department, including the information listed in subsection 9-213(3).
(b) The Department shall notify the Farmers' Market entity of approval or rejection of the registration application within 30 business days after receipt. Registrations shall be submitted annually.
(c) Approval of registration under this Section shall permit the Farmers' Market entity to conduct operations only on the blockfaces and/or street segments designated in the registration application. The Department shall determine whether the requested location, if in a public space or right-of-way, has been approved under subsection 9-213(7), and shall register no more than one entity for each approved location, in the order in which applications are received.
(3) Registration Approval. One registration number shall be issued by the Department to any Farmers' Market entity which is in compliance with the following provisions in connection with each location at which the entity will operate: 544
(a) The Farmers' Market entity furnishes the following information to the Department in a form and manner as instructed by the Department:
(.1) the applicant's selection of one or more approved locations, as provided in subsection 9-213(7), or a request to operate at other locations as provided in subsections (b) and (c) hereof; the number of Farmers' Market vendors to be present at each approved location, the types of products to be sold by each vendor, and the dates and times during which the applicant wishes to operate a Farmers' Market in each location; and
(.2) the applicant's current and valid Philadelphia commercial activity license number, unless the Farmers' Market entity is organized as a not for profit organization. 545
(b) An applicant proposing to operate a Farmers' Market on property under the management of the Department of Parks and Recreation shall also obtain, at no charge, a permit from the Department of Parks and Recreation at the discretion of the Department of Parks and Recreation based on the suitability of the location, following the issuance of a registration number by the Department.
(c) An applicant proposing to operate a Farmers' Market on privately-owned property shall first register with the Department as required by this Section, and shall be responsible for obtaining zoning approval, if required, for such Farmers' Market, in addition to obtaining written permission from the property owner.
(4) Proof of Registration.
(a) Each Farmers' Market entity shall keep a copy of its approved registration application and number or numbers at a central location. Each Farmers' Market entity, or at least one vendor at each market location, must be able to supply the registration number for the market location, if requested during market operations by Department staff or other enforcement agency employees. Registration numbers shall be used only by the entity to which they were issued and by any Farmers' Market vendor selling products as part of that entity's Farmers' Market and may not under any circumstances be transferred to any other person.
(5) Re-registration; Change in Entity or Vendor Information.
(a) A previously registered Farmers' Market entity shall send a new registration form to the Department within one year after its previous registration date if it intends to continue operations. If a registrant has not provided a new registration to the Department by thirty (30) days after its annual registration date, the registrant's blockface location shall be made available to any other qualified Farmers' Market entity applicant who seeks to operate a Farmers' Market at that location.
(b) A registrant shall, during the registration year, notify the Department in writing of any change in the information required by subsection 9-213(3), within thirty (30) days of such change.
(6) Trash Removal and Clean Up: Sanitation.
(a) The Farmers' Market entity and Farmers' Market vendors are responsible for maintaining the sidewalk within fifteen feet of their stands clean of all trash generated by their vending operations, and for washing the sidewalk in the area occupied by their stands whenever necessary to avoid the danger of slip and falls from spilled produce and goods.
(b) The Farmers' Market entity and Farmers' Market vendors must take with them at the end of each day all trash, litter, garbage and refuse generated by their vending operations. No registrant or vendor may place or deposit any trash, litter, garbage or refuse generated by his operations on the sidewalk, in any public receptacle, or on any private property without the express permission of the property owner.
(7) Permissible Locations. Farmers' Markets at the following locations shall be permitted:
(a) The sidewalk of the south side of Walnut Street and the west side of 18th Street between Walnut Street and Locust Street abutting Rittenhouse Square. 546
(b) East Passyunk Avenue between South Street and Bainbridge Street.
(c) The sidewalk of Midvale Avenue from Kelly Drive to the SEPTA Regional Rail overpass, provided that this location shall no longer be a permissible location after December 31, 2007.
(d) The sidewalk of the south side of the 3700 block of Powelton Avenue and the sidewalk of the south side of the 3600 block of Lancaster Avenue.
(e) The sidewalk of the north side of the 1200 block of Girard Avenue.
(f) The sidewalk of the north side of the 2700 block of Girard Avenue.
(g) The sidewalk of the south side of the portion of the 6100 block of Ridge Avenue between Krams Street and Leverington Avenue.
(h) Winston Road between Germantown Avenue and Mermaid Lane.
(i) The sidewalk of the northwest side of Carpenter Lane between Greene Street and Sherman Street.
(j) The sidewalk of Barnes Street between Oxford Avenue and Loney Street.
(k) The sidewalk of the east side of the 500 block of South 2nd Street.
(l) The southwest quadrant of Norris Square Park (the area of land bounded by west Susquehanna Avenue, north Howard Street, Diamond Street and north Hancock Street). 547
(m) The sidewalk and adjoining curb lane of the west side of South 23rd Street between Pine Street and Delancey Street. 548
(n) The sidewalk and adjoining curb lane of the east side of South Broad Street between South Street and Kater Street. 549
(o) The sidewalk of the east side of the 400 block of Frankford Avenue.
(p) The sidewalk of the southwest side of the 6400 block of Chew Street.
(q) The sidewalk in front of Weavers Way Co-op located at 2129 72nd Avenue. 550
(r) The sidewalk and the curb lane of the west side of the 500 block of South 43rd Street on Thursdays. The 500 block of South 43rd Street, between Baltimore Avenue and Chester Avenue, excluding the sidewalks, shall be permitted for use on Saturdays only, year round, between the hours of 7:00 a.m. and 3:30 p.m. 551
(s) The sidewalk of the east side of the 700 block of North 22nd Street.
(t) The southeastern quadrant of Julian F. Abele Park (the area of land bounded by 22nd Street on the west, Carpenter Street on the south, Montrose Street on the north and private residences on the east). 552
(u) The sidewalk of the north side of the 5200 block of Haverford Avenue.
(v) The sidewalk of the north side of the 5900 block of Summerdale Avenue.
(w) The sidewalk of Ridge Avenue from Merrick Avenue to S. Ferry Drive, provided that this location shall no longer be a permissible location after December 31, 2007.
(x) The sidewalk bounded by Tasker street, Passyunk avenue and Eleventh street. 553
(y) Reserved. 554
(z) The sidewalk of the median of the 400 block of South 2nd Street, also known as Headhouse Square, and the north bound travel lane of South 2nd Street between Lombard Street and Pine Street. 555
(aa) the sidewalk of the west side of the 300 block of south 25th Street. 556
(bb) the sidewalk in front of the Wyck House and Garden, located at 6012 through 6040 Germantown Avenue. 557
(cc) the parking lot located on the northwest corner of 9th Street and Montrose Street. 558
(dd) Aviator Park, the area of land bounded by 20th Street on the west, Race Street on the south, and the Benjamin Franklin Parkway on the northeast. 559
(ee) Canal View Park, the area of land located at 4418-24 Main Street. 560
(ff) The sidewalk and curb lane of the west side of Wadsworth Avenue between Bayard Street and Pickering Street. 561
(gg) The sidewalk and west curb lane of the west side of North 12th Street between Cuthbert Street and Arch Street. 562
(hh) The sidewalk of the east side of South Broad Street between Snyder and Jackson Streets. 563
(ii) The sidewalk of the east side of Germantown Avenue from Allens Lane for 175 feet south. 564
(jj) The sidewalk of the east side of S. 22nd Street between Cross Street and Tasker Street. 565
(kk) The sidewalk of the south side of Wharton Street between Hollywood Street and 29th Street. 566
(ll) The sidewalk and curb lane of the west side of the 1600 block of East Moyamensing Avenue. 567
(mm) The sidewalk of the west side of Broad Street from West Olney Avenue for 85 feet south. 568
(nn) The sidewalk of the west side of Germantown Avenue between North 10th Street and North Alder Street. 569
(oo) The sidewalk of the west side of south 58th Street between Chester Avenue and Kingsessing Avenue. 570
(pp) The sidewalk of the north side of Diamond Street from 33rd Street for 200 feet west. 571
(qq) The sidewalk of the west side of Frankford Avenue between Bustleton Avenue and Pratt Street. 572
(rr) The sidewalk and west curb lane of the west side of the 1400 block of Ridge Avenue, from Fairmount Avenue to North 15th Street. 573
(ss) The sidewalk of the south side of Lehigh Avenue between North Lawrence Street and 4th Street. 574
(tt) The sidewalks and curb lanes of both sides of the 3500 block of Ryan Avenue from Frankford Avenue and extending 156 feet northwest of the northwest line of Frankford Avenue, provided the hours of operation shall be Thursdays from 4 p.m. to 9 p.m., from April 1st through October 31st. 575
(uu) Pretzel Park, the area of land located at 4300 Silverwood Street, Philadelphia, PA 19127. 576
(vv) The sidewalk and curb lane of the north side of Chester Avenue from 43rd Street for 500 feet west. 577
(ww) Fairmount Avenue, north side between 19th street and Uber Street, Philadelphia, PA 19130, from June 7th to November 15th, Fridays 1:00 pm to 8:00 pm. 578
(xx) The sidewalk and adjoining curb lane of the east side of North Third Street from Poplar Street to Wildey Street. 579
(yy) The sidewalk on the north side of West Allegheny Avenue between North Bambrey and 26th streets. 580
(zz) The sidewalk and curb lane of the south side of Christian Street from 18th Street for 220 feet east. 581
(aaa) The sidewalk and curb lane of the south side of Woodland Avenue from 71st Street to 72nd Street. 582
(bbb) The sidewalk at the corner of Pleasant Street and Chew Avenue abutting the Pleasant Playground. 583
(ddd) The sidewalk and curb lane of the north side of Chestnut Street from 10th Street for 300 feet east. 585
(eee) The sidewalk and curb lane, including the three easternmost cut-in parking spaces, on the south side of Market Street from 3rd Street for 200 feet east. 586
(fff) The sidewalk of the north side of Mt. Vernon Street from 13th Street to Broad Street. 587
(ggg) The sidewalk and curb lane of the north side of West Tabor Road from North Park Avenue to North 13th Street. 588
(hhh) The sidewalk and adjoining curb lane of the north side on Ann Street from Mercer Street to Almond Street. 589
(iii) The sidewalk of the north side of Snyder Avenue from 8th Street for 25 feet east. 590
(jjj) The sidewalk and the curb lane of the west side of Castor Avenue in front of 6434 Castor Avenue. 591
(kkk) The sidewalk and curb lane of the east side of Germantown Avenue between East Church Lane and East School House Lane. 592
(lll) The sidewalk and adjoining curb lane of the east side of North Christopher Columbus Boulevard from the Race Street Pier to a point approximately 150 feet south of the Cherry Street Pier. 593
(mmm) The sidewalks and adjoining curb lanes of the east and west sides of North Front Street between Oxford Street and Cecil B. Moore Avenue. 594
(nnn) The sidewalk and the curb lane of the west side of South Broad Street between Morris Street and Castle Avenue. 595
(ooo) The sidewalk and the curb lane of the west side of Ogontz Avenue in front of 7178 Ogontz Avenue. 595.1
(ppp) The sidewalk and adjoining curb lane in the rear of 6301 Haverford Avenue. 595.2
(qqq) The sidewalk and the curb lane of the north side of Baltimore Avenue, between 58th Street and 59th Street. 595.3
The Department shall maintain and make available for public inspection during regular business hours a complete list of the above permitted Farmers' Market locations as designated by Ordinance and shall make such information publicly accessible on one of the City of Philadelphia's websites.
(8) Permitted Stand Designs and Required Stand Maintenance. A Farmers' Market vendors' stand must:
(a) not exceed fifty (50) feet in length and be easily dismantled in the event of an emergency;
(b) be placed at least five (5) feet in distance from any other stand;
(c) have signage limited to one sign, not to exceed the width dimensions of a single stand, to identify the producer; and other signs listing items sold, price, and related promotional graphics; and
(d) provide trash storage receptacle.
(9) Prohibited Locations. No person shall operate a Farmers' Market at any of the following locations:
(a) at any location other than the blockfaces or street segments designated in the Farmers' Market entity's registration;
(b) at any location that would unreasonably reduce the unobstructed pedestrian right-of-way;
(c) on medians of divided highways;
(d) on any portion of a sidewalk directly in front of any building entrance, loading dock or loading ramp, unless the Farmers' Market Entity obtains the express written permission of the building owner;
(e) within twenty-five feet upstream (in the direction from which vehicular traffic in the nearest curbside lane approaches) of any bus stop sign, unless the Farmers' Market Entity obtains the express written permission of the Department of Streets or the Southeastern Pennsylvania Transportation Authority;
(f) within ten feet of a subway entrance or exit, unless the Farmers' Market Entity obtains the express written permission of the Department of Streets or the Southeastern Pennsylvania Transportation Authority;
(g) within ten feet of a fire hydrant;
(h) within fifteen feet upstream of any mid-block crosswalk;
(i) within fifteen feet of any alley or driveway;
(j) within ten feet of a newsstand;
(k) within five feet of where the curbs have been depressed to facilitate pedestrian or vehicular movement.
(a) conduct itself or its business in such a way as would restrict or interfere with the ingress or egress of the abutting owner or tenant, or in such a way as would create or become a nuisance or hazard to public health, safety or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, or sanitation vehicles;
(b) leave any stand unattended on a sidewalk at any time;
(c) conduct Farmers' Market operations between eleven (11) p.m. and six (6) a.m.; or
(d) permit any person or entity that is not either a Farmers' Market Vendor or a Farmers' Market Sponsor to exhibit, sell or dispense products or otherwise conduct business at a Farmers' Market. Farmers' Market Sponsors may sell goods and services other than those goods permitted to be sold by Farmers' Market Vendors pursuant to subsection (1)(d), but such activity may not occupy more than ten percent (10%) of the exhibit space (as measured in feet of stand frontage) at any Farmers' Market.
(11) Enforcement; Penalties.
(a) A violation of any provision of this Section shall be classified as a Class II offense and the penalty for such violation is, in addition to any other sanctions provided, a fine not exceeding the maximum fine for Class II offenses as set forth in Section 1-109. Each day of violation shall be deemed a separate offense. Violations may also result in a suspension of registration privileges for up to thirty (30) days, at one or more of the operator's assigned locations.
(b) The provisions of this Section may be enforced by the Department of Public Health, the Department of Licenses and Inspections, and the Streets Department, as appropriate.
(c) In addition to the penalties provided in subsection 9-213(11)(a), the Department, the Department of Licenses and Inspections or the Streets Department is hereby authorized, when a uniformed police officer is present, to remove any stand, equipment, goods, wares, merchandise or any other article or thing held for sale by any Farmers' Market entity or Farmers' Market vendor who uses the sidewalk or streets in violation of this Section and refuses to comply immediately with this Section upon written notice of violation and an order to vacate the sidewalk or streets. The Farmers' Market entity or Farmers' Market vendor shall be immediately notified of the place where his property can be reclaimed and shall be entitled to claim his property immediately upon payment of the costs of removal.
(12) Construction. No part of this Section or the Section itself shall be construed to be in amplification or derogation of the rights of responsibilities of abutting property owners. Any remedy, right or obligation provided to such owners of property or their successors in interest under the law of real property or the laws of the Commonwealth of Pennsylvania shall be in addition to the remedies, rights, obligations or penalties provided hereunder.
(13) Regulations. The Department, in cooperation with registered Farmers' Market entities, shall promulgate such regulations as it may deem necessary to aid in the administration and enforcement of the provisions of this Section.
Notes
| 541 | |
| 542 | Amended, Bill No. 150503 (approved June 30, 2015). |
| 543 | Added, Bill No. 150503 (approved June 30, 2015). |
| 544 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 545 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
| 546 | Amended, Bill No. 090329 (approved June 19, 2009). |
| 547 | |
| 548 | Amended, Bill No. 100447 (approved June 30, 2010). |
| 549 | |
| 550 | Amended, Bill No. 100447 (approved June 30, 2010). |
| 551 | |
| 552 | Amended, Bill No. 100447 (approved June 30, 2010). |
| 553 | Added, Bill No. 051199 (approved June 15, 2006). |
| 554 | |
| 555 | |
| 556 | Added, Bill No. 070433 (approved September 20, 2007). |
| 557 | Added, Bill No. 070441 (approved September 20, 2007). |
| 558 | Added, Bill No. 070505 (approved September 20, 2007). |
| 559 | Added, Bill No. 070877 (approved November 29, 2007). |
| 560 | Added, Bill No. 090388 (approved June 19, 2009). Enrolled bill numbered this as subsection (z); renumbered by Code editor. |
| 561 | Added, Bill No. 090703 (approved December 1, 2009). |
| 562 | Added, Bill No. 090747 (approved January 13, 2010). Enrolled bill numbered this as subsection (ff); renumbered by Code editor. |
| 563 | |
| 564 | Added, Bill No. 100544 (approved January 5, 2011). Enrolled bill numbered this as subsection (hh); renumbered by Code editor. |
| 565 | Added, Bill No. 100675 (approved January 5, 2011). |
| 566 | Added, Bill No. 100675 (approved January 5, 2011). |
| 567 | |
| 568 | Added, Bill No. 110378 (approved July 19, 2011). |
| 569 | Added, Bill No. 110435 (approved July 19, 2011). |
| 570 | Added, Bill No. 110437 (approved July 19, 2011). |
| 571 | Added, Bill No. 110439 (approved July 19, 2011). |
| 572 | Added, Bill No. 110368 (approved August 9, 2011). |
| 573 | Added, Bill No. 120212 (approved June 6, 2012). |
| 574 | Added, Bill No. 120331 (approved August 27, 2012). |
| 575 | |
| 576 | Added, Bill No. 130241 (approved May 8, 2013). |
| 577 | Added, Bill No. 130379 (approved June 17, 2013). Enrolled bill numbered this as subsection (uu); renumbered by Code editor. |
| 578 | Added, Bill No. 130380 (approved June 17, 2013). Enrolled bill numbered this as subsection (vv); renumbered by Code editor. |
| 579 | Added, Bill No. 130462 (approved July 11, 2013). Enrolled bill numbered this as subsection (ww); renumbered by Code editor. |
| 580 | Added, Bill No. 140349 (approved June 4, 2014). Enrolled bill numbered this as subsection (zz); renumbered by Code editor. |
| 581 | Added, Bill No. 140382 (approved July 15, 2014). |
| 582 | Added, Bill No. 140382 (approved July 15, 2014). |
| 583 | Added, Bill No. 140520 (approved October 29, 2014). Enrolled bill numbered this as subsection (yy); renumbered by Code editor. |
| 584 | Added, Bill No. 150123 (approved March 24, 2015). |
| 585 | Added, Bill No. 150372 (approved June 2, 2015). |
| 586 | Added, Bill No. 150372 (approved June 2, 2015). Enrolled bill numbered this as subsection (ccc); renumbered by Code editor. |
| 587 | Added, Bill No. 150405 (approved June 30, 2015). |
| 588 | Added, Bill No. 150468 (approved June 30, 2015). Enrolled bill numbered this as subsection (ddd); renumbered by Code editor. |
| 589 | Added, Bill No. 160097 (approved April 19, 2016). |
| 590 | Added, Bill No. 170112 (approved April 17, 2017). |
| 591 | |
| 592 | Added, Bill No. 180753 (approved October 31, 2018). |
| 593 | Added, Bill No. 190320 (approved July 17, 2019). |
| 594 | Added, Bill No. 190320 (approved July 17, 2019). |
| 595 | Added, Bill No. 190410 (approved July 17, 2019). Enrolled bill numbered this as subsection (lll); renumbered by Code editor. |
| 595.1 | Added, Bill No. 200179 (approved November 10, 2020). |
| 595.2 | |
| 595.3 | Added, Bill No. 220515 (approved August 31, 2022). |
| 596 | Amended, Bill No. 150503 (approved June 30, 2015). |