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PREFACE
Chapter C HOME RULE CHARTER
Chapter 1 GENERAL PROVISIONS
Chapter 5 ADMINISTRATIVE CODE
Chapter 14 AUTHORITIES
Chapter 23 BOARDS, COMMISSIONS, COMMITTEES AND COUNCILS
Chapter 36 FIRE AND RESCUE SERVICES
Chapter 51 INITIATIVE AND REFERENDUM
Chapter 62 PENSIONS
Chapter 70 PERSONNEL
Chapter 77 POLICE DEPARTMENT
Chapter 91 SALARIES AND COMPENSATION
Chapter 120 ALARM SYSTEMS
Chapter 127 ALCOHOLIC BEVERAGES
Chapter 141 ANIMALS
Chapter 166 CABLE TELEVISION
Chapter 173 COMMERCIAL LAUNDRY CODE
Chapter 180 CONSTRUCTION CODES
Chapter 185 CONVERSION THERAPY
Chapter 188 CURFEW
Chapter 201 ELECTRIC SERVICE
Chapter 212 FEES
Chapter 219 FIREARMS
Chapter 225 FIREWORKS
Chapter 231 FIRE INSURANCE PROCEEDS
Chapter 237 FIRE PREVENTION AND PROTECTION
Chapter 251 FOOD CODE
Chapter 272 GRAFFITI
Chapter 288 HEALTH AND SAFETY
Chapter 295 HISTORICAL AND CONSERVATION DISTRICTS
Chapter 302 HOUSE NUMBERING
Chapter 308 HOUSING
Chapter 317 INVASIVE PLANTS AND NOXIOUS WEEDS
Chapter 325 LAW ENFORCEMENT
Chapter 328 LEAD POISONING PREVENTION
Chapter 332 LIBRARY
Chapter 339 LICENSES AND PERMITS
Chapter 346 LITTER AND ADVERTISING MATERIAL
Chapter 353 LOITERING AND PANHANDLING
Chapter 364 MASSAGE THERAPISTS
Chapter 378 MUNICIPAL CLAIMS AND LIENS
Chapter 387 NOISE
Chapter 396 PARKS AND RECREATION
Chapter 403 PAWNBROKERS
Chapter 410 PEDDLING AND SOLICITING
Chapter 424 POLES
Chapter 431 PROPERTY SALES
Chapter 433 PUBLIC ART
Chapter 438 RAIN BARRELS
Chapter 442 RECORDS, PUBLIC ACCESS
Chapter 453 SALES
Chapter 460 SCRAP METAL DEALERS
Chapter 467 SEWERS AND SEWAGE DISPOSAL
Chapter 473 SEXUALLY ORIENTED BUSINESSES
Chapter 479 SIDEWALK CAFES
Chapter 485 SIGNS
Chapter 496 SOLID WASTE
Chapter 502 STORAGE FACILITIES
Chapter 505 STORMWATER MANAGEMENT
Chapter 508 STREETS AND SIDEWALKS
Chapter 515 SUBDIVISION AND LAND DEVELOPMENT
Chapter 521 SUSTAINABILITY
Chapter 536 TAMPERING WITH PUBLIC PROPERTY
Chapter 540 TATTOO AND PIERCING ESTABLISHMENTS
Chapter 543 TAX ABATEMENTS
Chapter 546 TAX AMNESTY PROGRAM
Chapter 549 TAXATION
Chapter 555 TREES
Chapter 564 VEHICLE NUISANCES, STORAGE OF
Chapter 570 VEHICLE REPAIR SHOPS
Chapter 576 VEHICLES AND TRAFFIC
Chapter 583 VENDING MACHINES
Chapter 600 ZONING
Chapter A610 ANNEXATION OF TERRITORY
Chapter A611 BOND ISSUES AND LOANS
Chapter A612 FRANCHISE AND SERVICES
Chapter A613 GOVERNMENTAL AND INTERGOVERNMENTAL AFFAIRS
Chapter A614 PLAN APPROVAL
Chapter A615 PUBLIC PROPERTY
Chapter A616 SEWERS
Chapter A617 STREETS AND SIDEWALKS
Chapter A618 WATER
Chapter A619 ZONING; PRIOR ORDINANCES
Chapter DT DERIVATION TABLE
Chapter DL DISPOSITION LIST
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§ 453-203. Construal of provisions.
The provisions of this Part shall be construed to be the minimum requirements necessary to serve the general welfare and safety of the residents of the City of Reading. Where the provisions of any statute, other ordinance or regulation impose greater restrictions or higher standards than those enumerated in this Part, the provisions of such statute, ordinance or regulation shall govern.
§ 453-204. Definitions.
For the purpose of this Part, certain terms shall be defined as follows:
   CODE AND LICENSE APPEALS BOARD — Board authorized to hear, among other things, appeals of and render decisions in matters concerning aggrieved applicants whose sidewalk vendor permits have been denied, suspended, revoked or are not renewed and/or whose location has been selected by the DID Board, pursuant to § 453-206. [Added 10-26-2015 by Ord. No. 61-2015]
   DOWNTOWN IMPROVEMENT DISTRICT (DID) AUTHORITY AREA — The City's Central Business District, in which services are provided by the Reading Downtown Improvement District Authority as created through the enactment of Bill No. 41-2005 on June 27, 2005, 4 which reestablished the Downtown Improvement District. Please see the map located at www.downtownreading.com. The mapped area does not include areas in which services are provided by the DID Authority under contract. [Amended 1-26-2009 by Ord. No. 6-2009; 10-26-2015 by Ord. No. 61-20155]
   DOWNTOWN IMPROVEMENT DISTRICT (DID) AUTHORITY BOARD — As defined and established by Ord. No. 134-94, titled "An Ordinance Authorizing the City of Reading to Organize an Authority to be Known as the 'Reading Downtown Improvement District Authority,' Pursuant to the Provisions of the Municipality Authorities Act of 1945, P.L. 382, As Amended, Under Certain Terms and Conditions," as amended by subsequent enactments, including Ord. No. 11-95, Ord. No. 66-95, Res. No. 706-95, and Ord. No. 20-2000, all of which are hereby incorporated by reference, is hereby reestablished pursuant to the Municipality Authorities Act 6 and the Neighborhood Improvement District Act, 7 pursuant to the terms set forth herein. [Added 10-26-2015 by Ord. No. 61-2015]
   OFFICIAL MAP — The topographical survey of the City of Reading, Pennsylvania, on file in the Engineering Office.
   PASSABLE — Free of any impediment or obstruction, whatsoever, that would hinder the travel of the public.
   PRIVATE PROPERTY — Property owned by a person or jointly by a group of persons, legal persons or business entities. [Amended 11-9-2009 by Ord. No. 62-2009]
   PROPERTY MAINTENANCE DIVISION — A division of the City of Reading Community Development Department charged with enforcing the City of Reading Codified Ordinances governing issues including, but not limited to, housing property maintenance, health and blight. [Amended 5-10-2010 by Ord. No. 24-2010; 10-26-2015 by Ord. No. 61-2015]
   PUBLIC RIGHT-OF-WAY — Any place of any nature which is legally open to public use and used and/or intended for vehicular or pedestrian traffic, including public streets, alleys, sidewalks, and roadways, but excluding any public property of the City of Reading. The official topographic survey map of Reading, Pennsylvania, on file in the Engineering Office, shall be the final authoritative document should the existence of any street, dedicated or not be disputed.
   PUBLIC OUTDOOR PAY TELEPHONE — Any outdoor publicly accessible pay telephone any portion of which, or its enclosure, is situated on, projects over, or hangs over a portion of the public right-of way; or is situated such that it can be used by a person standing on the public right-of way.
   PUBLIC PROPERTY — All real and personal property, whether within or outside the corporate City limits, belonging to the City of Reading, excluding that which is used and/or intends for use by vehicular or pedestrian traffic and defined herein as a public right-of-way. 8
   SIDEWALK — That portion of a public right-of-way for which paving is required under this
Part of the Code of the City of Reading and which is used primarily for pedestrian travel.
   SIDEWALK AREA — That portion of the public right-of-way occurring between the curbline and the topographical building line.
   SIDEWALK VENDOR — Person or persons who exhibits, displays, or sells any food, beverage, goods, printed materials or merchandise from any stand, cart vending machine or trailer while on or about the sidewalk area.
   SIDEWALK VENDOR PERMIT — The written authorization, issued by the City of Reading, to construct, install, erect, or place any obstruction within the public right-of-way. The permit must be displayed prominently on each cart, trailer and/or obstruction. 9
   TRAILER — Vehicle designed to be towed by a motor vehicle.
   VEHICLE — A device or structure for transporting persons or things; a conveyance that is self- propelled and runs on tires. [Amended 1-26-2009 by Ord. No. 6-2009]
   VENDING — The act of exhibiting, displaying or selling any food, beverage, goods, newspapers, or other printed materials either in bulk or in package or from a vending cart as defined herein. [Added 10-26-2015 by Ord. No. 61-2015]
   VENDING CART — A nonmotorized vehicle with at least two wheels moved by hand for the purpose of conducting food or merchandise sales. [Amended 10-26-2015 by Ord. No. 61-201510]
3.   Editor's Note: Ord. No. 28-2010, Adopted 6-28-2010, Repealed This Part To The Extent Inconsistent With Or In Direct Contrast To The Property Maintenance Rules And Regulations, Enacted And Authorized By Ord. No. 28-2010 (Ch. 180, Part 13).
4.   Editor's Note: See Ch. 14, Part 5, Reading Downtown Improvement District Authority.
5.   Editor's Note: This ordinance also repealed the former definitions of “kiosk” and “mobile vendor,” amended 1-26-2009 by Ord. No. 6-2009, which definitions immediately followed this definition.
6.   Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
7.   Editor's Note: See 73 P.S. § 831 et seq.
8.   Editor's Note: The former definition of "sandwich board," which immediately followed this definition, was repealed 10-26-2015 by Ord. No. 61-2015.
9.   Editor's Note: The former definitions of "stand" and "stationary vendor," amended 11-9-2009 by Ord. No. 62-2009, which immediately followed this definition, were repealed 10-26-2015 by Ord. No. 61-2015.
10.   Editor's Note: This ordinance also repealed the former definitions of "Vending License Board," amended 5-10-2010 by Ord. No. 24-2010, and "vending machine," which immediately followed this definition.
§ 453-205. Permit required.
[Amended 1-26-2009 by Ord. No. 6-2009; 11-9-2009 by Ord. No. 62-2009; 5-10-2010 by Ord. No. 24-2010; 8-26-2013 by Ord. No. 35-2013; 10-26-2015 by Ord. No. 61-2015]
   A.   Vending on public property is prohibited in all areas outside the Downtown Improvement District Authority (DID) area.
   B.   Vending is prohibited on private property as per the Zoning Ordinance, City of Reading Codified Ordinances; § 600-902, Limit of one principal use, states "No more than one principal use shall be permitted on a lot, unless specifically permitted by this chapter. A principal use shall not be located in an accessory building or structure."
   C.   It shall be unlawful for any person to engage in the business of vending within the City of Reading without first obtaining a permit pursuant to this section. Vending activities are only permitted within the DID area and between the southern right-of-way line of Franklin Street, the northern right-of-way line of Washington Street, the western right-of-way line of Front Street and the eastern right-of-way line of 11th Street, as shown by the DID Area Map contained in the latest final plan for the Downtown Improvement District.
   D.   Preexisting vendors operating inside the Downtown Improvement District (DID) area are required to comply with all regulations contained herein and are subject to all licensing and health/safety requirements contained in this Part.
      (1)   Location, type and number. A sidewalk vendor permit shall only be issued for and restricted to vendor sales from an approved vending cart at specific and fixed locations within the DID area. All sidewalk vending shall be conducted within the public right-of-way, as defined herein. Up to a maximum of 20 sidewalk vending permits shall be issued for food, beverage, goods, printed materials or merchandise related sales annually for the DID area as determined by City ordinances.
      (2)   The Property Maintenance Division shall issue a temporary permit to the potential sidewalk vendor indicating a location and notify the DID Board of the assignment. The DID Board shall determine the final approved location of each vendor in the DID area. The Property Maintenance Division will then issue the permanent permit to the owner of the vending cart once approved by the DID Board. The location selection criteria shall be as follows:
         (a)   The goods being sold or offered by the vendor;
         (b)   The goods sold, offered and/or services provided by adjacent businesses and those within 200 feet;
         (c)   Expected impacts from the vendor which could have a detrimental effect on existing adjacent and nearby establishments; and
         (d)   The goods being sold by sidewalk vendors in the same block, in order to avoid oversaturation of the block with too many of the same type of vendor (e.g., more than one ice cream vendor in the same block).
      (3)   City Officials may, if necessary, temporarily or permanently relocate any or all vendor(s) by giving the vendor(s) 24 hours' notice due to the DID Board's request, special events, or because of natural or man-made phenomena which would cause vending activities to be unsafe, impractical or incompatible with new or existing businesses within 200 feet of the vendors' location.
   E.   The DID Board shall approve, deny and/or revoke permits for vending machines in the DID area including vending machines for printed materials.
   F.   More than two permits prohibited. A person who holds or has an interest in two sidewalk vendor permits as an owner, partner or shareholder shall not have any additional interest, either directly or indirectly, as an owner, partner or shareholder in any other sidewalk vendor permit. Each vending cart must have an individual permit. One permit cannot apply to more than one vending cart.
   G.   Permit nontransferable. A sidewalk vendor permit shall not be transferable to another holder, and any prohibited transfer of the permit shall work as an automatic forfeiture thereof. If the permit holder is not a natural person, the transfer of any ownership interest in the holder of the permit shall be deemed a prohibited transfer.
   H.   This section shall not apply to itinerant food operations associated with the organized festival, carnival, fair, parade, picnic or other affair that may be approved or sponsored by the City or its associated bureaus, authorities or agencies, in such areas which may be designated and approved for itinerant food operations on a temporary basis.
§ 453-206. Permit application; fee.
[Amended 1-26-2009 by Ord. No. 6-2009; 11-9-2009 by Ord. No. 62-2009; 5-10-2010 by Ord. No. 24-2010; 8-26-2013 by Ord. No. 35-2013; 10-26-2015 by Ord. No. 61-2015]
   A.   Notice of permit availability. Applications for sidewalk vending permits will be available beginning March 1 for each calendar year in the Property Maintenance Division. Each calendar year will extend from April 1 to March 31.
   B.   Application.
      (1)   Any person interested in applying for a sidewalk vendor's permit may make application by filing such forms containing the required information with the Property Maintenance Division with a nonrefundable processing fee as per the City of Reading Fee Schedule, Chapter 212. Existing permit holders completing applications shall receive priority in the grant of a permit, however, the City does not guarantee any particular location as DID retains the right to approve vending locations. The application shall set forth:
         (a)   True name and address of the applicant. P.O. boxes will not be permitted.
         (b)   Photographs and specifications, including the dimensions of the proposed sidewalk vendor cart(s), stand(s) or trailer(s) to be used in sufficient detail showing compliance with the design criteria, standards, and specifications in § 453-207 herein.
         (c)   Sufficient detail about the proposed sidewalk vendor, the cart features and a complete list of the products proposed for sale must be submitted with the application for evaluation and compliance with applicable City and state health codes. A complete list of products to be sold is needed to determine the best and most suitable location for the vendor cart.
         (d)   Applicant must also submit either copies of the required City and state health permit or, in the event that applicant has applied for but not yet procured those permits, the applicant may submit a copy of the completed permit application. The vending cart permit will not be issued until all health permits have been procured.
         (e)   Utility connections to neighboring properties shall be prohibited. The vendor cart must be one-hundred-percent self-contained.
         (f)   The locations the sidewalk vendor would like to operate.
      (2)   Applications will be initially reviewed by the Property Maintenance Division for completeness.
   C.   Review of applications.
      (1)   Not more than 45 days following application deadline, the Director of the Department of Community Development or his designee shall complete the review of all applications filed and notify the applicants of the results thereof in writing. Final approval of the location will be determined by DID. An application shall be denied and the applicant shall be ineligible for a sidewalk vendor license if:
         (a)   The application is incomplete in any material respect as set forth in § 453-206B above.
         (b)   The proposed vending cart does not comply with the cart design criteria, standards or specifications and/or applicable health or safety requirements.
         (c)   The applicant does not have a business privilege license.
         (d)   The applicant, or any natural person having an interest in the entity making the application, has:
            [1]   An interest in more than two sidewalk vendor permits.
            [2]   Within the past five years held or had an interest in a sidewalk vendor license that has been revoked.
            [3]   Within the past 10 years been convicted of selling, offering to sell or possession with intent to sell a controlled substance or convicted of a felony.
         (e)   If an application is denied, the applicant shall be notified in writing of the reason(s) therefor within 10 days.
      (2)   Note: In the event two or more sidewalk vendors apply to operate in the same location, a lottery system will be used to make the determination.
   D.   Each permit shall be issued for one calendar year, April 1 through March 31, and shall be subject to review and inspection by City officials during the calendar year for adherence to the requirements of this Part.
§ 453-207. Design and appearance standards.
[Amended 1-26-2009 by Ord. No. 6-2009; 11-9-2009 by Ord. No. 62-2009; 5-10-2010 by Ord. No. 24-2010; 8-26-2013 by Ord. No. 35-2013; 10-26-2015 by Ord. No. 61-2015]
   A.   General requirements. All sidewalk vendor carts, trailers or stands shall be kept in a clean and sanitary condition, and all vendors shall comply with state and local health and sanitation requirements on such matters as refrigeration, cooking, utensils and appliances, materials and food storage. Conditions such as discoloration, food and beverage stains, rust, and peeling/cracking/faded exterior surfaces are not permitted and may cause the suspension and/or revocation of the vending permit. A City health permit must be obtained by all vendors selling food before operation of sales begins.
   B.   Required physical features.
      (1)   Dimensions. The dimensions of the vending cart shall not exceed four feet by eight feet. This is the largest in operation size and states the largest exterior dimensions permitted (including wheels, handles and similar parts). Fold-out shelves for the display of larger merchandise are permitted, provided there will be no interference with pedestrian movement. Fold-out shelves shall not be used to provide space for customers to consume the products dispensed by the vendor.
      (2)   Mobility. Vending carts must have at least two wheels. They must permit easy movement and maneuverability in the event of emergency and required relocation.
      (3)   Permit display. The vending permit must be clearly displayed on the cart in such a manner and location as to be clearly visible to customers.
      (4)   Trash receptacles. Each vending cart will have provisions for vendor and customer trash disposal. Vendors are responsible for proper disposal of this trash whenever the container becomes full or, at a minimum, at the conclusion of the day's operation.
      (5)   Covers. Umbrellas or canopies are desirable. The umbrella must not conflict with public passage on the right-of-way, nor be obtrusive to vendors' signs or neighboring business. The cover must be well maintained, so as not to become faded, torn, cracked, or soiled.
      (6)   Carts self-contained. All sidewalk vendor carts shall be so designed that all vending- related activities, including trash disposal, can be conducted totally from the vending cart. Use of the sidewalk by a vendor for product display, storage, or disposal of trash shall be prohibited.
      (7)   Utility connections. Utility connections for water, cooking, cooling, electric, heating, etc., must be contained in the unit. Utility connections to neighboring properties shall be prohibited.
      (8)   Fire. A five-pound ABC-type dry chemical fire extinguisher is required for all vending carts utilizing a flame for any purpose.
      (9)   Hand-washing facilities. Each vending cart that serves unwrapped or unbagged food must have a hand-wash sink with hot and cold water, a posted sign indicating the exact regulations required by the Pennsylvania Department of Agriculture.
      (10)   Refuse. All vending carts must have a refuse receptacle with a tight-fitting lid on the unit and a separate refuse receptacle for customers as required by the Pennsylvania Department of Agriculture. Receptacles must be properly emptied when full or at a minimum at the close of business. All refuse must be disposed of at the vendor's expense.
      (11)   Cold and hot holding units. Refrigeration and cold holding units must be capable of reaching and maintaining 41° F. or below when in use. Hot holding units must be capable of holding foods at 135° F. or above, as required by the Pennsylvania Department of Agriculture.
      (12)   Dishwashing. Single-service articles must be used unless adequate dishwashing facilities are available and used. Adequate facilities will include a three-compartment sink (separate from the hand-washing sink) set up for accomplishing a three-step method of dishwashing; wash, rinse and sanitize. Where only spatulas, tongs, and similar devices are washed and sanitized, and only stationary equipment must be cleaned, a two-compartment sink may be approved in accordance with the regulations of the Pennsylvania Department of Agriculture.
      (13)   Food and ice. All food and beverages must be clean, wholesome, free from spoilage, free from adulteration and safe for human consumption, as set forth in the regulations of the Pennsylvania Department of Agriculture. All food and beverages shall be from approved sources. Food prepared in a private home may only be sold if that facility is licensed, registered and inspected by the Pennsylvania Department of Agriculture and the City of Reading Property Maintenance Division.
      (14)   Sign. No sign shall be permitted except an identification of the vendor's business name and the listing of items available to sale and the price thereof. The sign, which may include a sandwich board sign, attached or separate from the vending cart and in accordance with the City of Reading Zoning Ordinance § 600-1705 must not be obtrusive to the public way or conflict with neighboring businesses by obstructing the view of said businesses or their signage, or blocking any entrance or exit to the building.
      (15)   Food employee certificate. All food vendors are required to obtain and maintain a food employee certificate from the Department of Agriculture, as required by the State Food Employee Certification Act, within three months of the approval of their sidewalk vendor permit. New vendors will have 90 days to comply with said requirement; existing vendors which are not in compliance due to lack of current certification, employee turnover or other loss of certified person shall have 90 days from the effective date of this Part or the date of loss to comply.
   C.   Prohibited features:
      (1)   Advertising other than the name of the vendor's business or suppliers. (Advertising must be based on Subsection B(14) above, that the sign may include items for sale.) Advertising must not contain obscene language, profanity or images offensive to the sensibilities of the general public.
      (2)   Propulsion systems other than manual.
      (3)   Gas cylinders larger than 20 pounds.
      (4)   Vending directly from a motor vehicle, other than a licensed food truck, is prohibited.
      (5)   Tables, chairs, benches, stools and any other device that would allow the consumption of the product dispensed by the vendor.
      (6)   Fold-out shelves shall not be used to provide space for customers to consume the products dispensed by the vendor.
   D.   Waivers. Waivers will not be permitted for any requirement based on health, safety or sanitation considerations.
   E.   Mandatory compliance. All carts shall comply with standards and specifications described herein and adopted by the City and the state. Failure to comply shall be sufficient grounds for rejection of a vending permit application or suspension or revocation of any license issued.
   F.   Maintenance. All sidewalk vendor carts shall at all times be maintained in good condition and repair. Any repairs to or replacements of sidewalk vendor carts shall comply fully with the existing design criteria, standards and specifications. No replacement cart may be placed into operation until approved by the Property Maintenance Division and the DID Authority.
§ 453-208. Sidewalk vendor operation standards.
[Amended 1-26-2009 by Ord. No. 6-2009; 11-9-2009 by Ord. No. 62-2009; 5-10-2010 by Ord. No. 24-2010; 10-26-2015 by Ord. No. 61-2015]
   A.   Days and hours of operation. Sidewalk vendor sales inside the Downtown Improvement District may be conducted between the hours of 6:00 a.m. to 9:00 p.m. during the permit year.
   B.   Daily removal. Sidewalk carts and accouterments shall be removed from the sidewalk daily, not later than 1/2 hour after the close of business or and not returned thereto earlier than 1/2 hour before the time permitted for opening, unless otherwise provided by the regulations adopted by the City. Any item not removed from the sidewalk at the close of business may be removed and stored by the City of Reading or the Downtown Improvement District. The vendor will be charged for costs, storage and the penalty prescribed under § 453-214 herein.
   C.   Safe and sanitary condition. Sidewalk vendor carts and vending areas shall be maintained in a safe, broom-clean and sanitary condition at all times. Sidewalk vendor carts permitted hereunder to sell food products shall:
      (1)   Be subject to inspection at any time by a City of Reading Property Maintenance Inspector and shall at all times be permitted under and be in compliance with all applicable state and local codes.
      (2)   If using portable heating or cooking facilities, subject to inspection at all times by the City of Reading Fire Marshal and Property Maintenance Division and shall comply with all applicable codes of the City of Reading. A permit must be obtained from the Fire Marshal before operation of sales begins.
   D.   Quiet operations. Sidewalk vendors shall conduct business in an orderly fashion and shall not make loud or raucous noises or use sound-amplifying devices to attract attention, nor verbally hawk or solicit product sales.
   E.   Use and maintenance of sidewalk. All sales and related activity shall be conducted from the vending area during which times the vending cart shall not be moved from the assigned vending location, unless the vending cart is required to move by City or DID officials or for emergency response personnel. No products shall be stored or displayed on the sidewalk or any adjacent outside area. The sidewalk vendor shall be solely responsible to keep the sidewalk area free of trash, litter, debris or spillage generated by the vendor's business. The vending cart shall be placed so as not to impede the free movement of pedestrian traffic. The use of tables, chairs, benches, etc., around the vending cart is strictly prohibited.
   F.   Display. The sidewalk vendor permit, the City of Reading health permit and the state "serve safe" certificate shall be posted in plain view of the customers at all times the vendor is operating.
   G.   Public liability insurance. Each permit holder shall maintain and provide the City of Reading with proof of insurance for public liability and having the City named as an interested party with minimum coverage of $100,000 per individual and $500,000 per incident. The Property Maintenance Division shall be informed by the vendor of any change in or notice of cancellation of coverage during the permit year.
   H.   Prohibitions. An object, device or structure as regulated under the terms of this Part shall be expressly prohibited when its construction, erection, installation or placement would result in any of the following conditions:
      (1)   A passable sidewalk width less than five horizontal feet.
      (2)   A horizontal projection from the building line in excess of five feet.
      (3)   A reduction in the street sight triangle.
§ 453-209. Suspension or revocation of permit.
[Amended 11-9-2009 by Ord. No. 62-2009; 8-26-2013 by Ord. No. 35-2013; 10-26-2015 by Ord. No. 61-2015]
A sidewalk vendor permit shall be subject to suspension or revocation by the City for violation of any provision of this Part or any regulations promulgated or enacted hereunder, or violation of applicable state or local, including but not limited to all health or safety regulations, zoning and taxation.
§ 453-210. Code and License Appeals Board.
[Amended 1-26-2009 by Ord. No. 6-2009; 11-9-2009 by Ord. No. 62-2009; 5-10-2010 by Ord. No. 24-2010; 8-26-2013 by Ord. No. 35-2013; 10-26-2015 by Ord. No. 61-2015]
   A.   Any person aggrieved by a decision of the Property Maintenance Division including suspension, nonrenewal, denial or revocation of a sidewalk vendor permit may appeal to the Code and License Appeals Board as per Part I, Chapter 23, Part 14. Any person aggrieved by a decision of the DID Board relating to the location of a vending cart or vending machine may appeal to the Code and License Appeals Board. Such appeal must be filed, in writing, with the Director of the Department of Community Development, with the appropriate filing fee, within 10 working days from the date of receipt of the decision of the Property Maintenance Division or DID Board.
   B.   Fees and costs. The fee for filing of an appeal to the Code and License Appeals Board shall be as per the City of Reading Fee Schedule, Chapter 212. Failure to submit the appropriate fee with the request for an appeal shall result in automatic denial of the appeal. In addition to said fee, the appellant shall be responsible for all costs incurred to conduct a hearing beyond that covered by the fee.
§ 453-211. Appeal to Court of Common Pleas.
[Added 11-9-2009 by Ord. No. 62-2009; amended 5-10-2010 by Ord. No. 24-2010; 10-26-2015 by Ord. No. 61-2015]
Any person aggrieved by any decision of the respective Board may appeal to the Court of Common Pleas of Berks County. Such appeal shall be made by a duly verified petition in accord with the Pennsylvania Rules of Civil Procedure and shall set forth the factual and legal basis upon which the decision of the Board is alleged to be illegal, in whole or in part. Such petition shall be filed with the Court of Common Pleas and a notice thereof served upon all parties to the appeal, including the City of Reading Code and License Appeals Board and the DID Board.
§ 453-212. Enforcement.
[Amended 11-9-2009 by Ord. No. 62-2009; 5-10-2010 by Ord. No. 24-2010]
This Part will be enforced under the jurisdiction of the Property Maintenance Division and the Reading Police Department.
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