do so would place the vendor or his goods, wares or merchandise closer than ten (10) feet from the intersection of the legal building line, produced, of intersecting streets or sidewalks, excepting for stands selling newspapers, magazines, periodicals and paperbound books, or reduce the unobstructed pedestrian right-of-way to less than 6 feet.
(.1) The Department of Streets may from time to time by regulation change the width of the pedestrian right-of-way space required, as circumstances require.
(n) engage in the business of vending at any location where the curb have been depressed to facilitate pedestrian or vehicular movement;
(o) be permitted to have more than one licensed stand on any street where vending is permitted;
(p) exhibit, display, offer for sale or sell any goods, wares or merchandise or place or allow any stand to remain on the sidewalks of the following streets or any other location which the Council shall from time to time ordain.
(.1) Arch street, between Front street and the Schuylkill River;
(.2) Armat street, between Germantown avenue and Lena street;
(.3) Broad street, between Vine street and Pine street;
(.4) Chelten avenue, between Wissahickon avenue and Chew street;
(.5) Chestnut street, between Front street and the Schuylkill River;
(.6) Frankford avenue, between Cheltenham avenue and Adams avenue;
(.7) Germantown avenue, between York street and Butler street;
(.8) Germantown avenue, between Coulter street and Washington lane;
(.9) Greene street, between Coulter street and Washington lane;
(.10) Market street, between Front street and the Schuylkill River;
(.11) Pratt street, between Griscom street and Darrah street;
(.12) Walnut street, between Front street and the Schuylkill River;
(.13) Wayne avenue, between Coulter street and Washington lane;
(.14) Woodlawn avenue, between Germantown avenue and Kenyon street;
(.15) Within the area bounded by the Schuylkill river, the right-of-way of the Penn Central Railway and Spring Garden street;
(.16) South side of Market street, between Fifty-first street and Fifty-third street; east and west sides of Fifty-second street, between Market street and Spruce street;
(.17) Columbia avenue, between Tenth street and Twenty-fifth street;
(.18) North and south sides of Baltimore avenue, between Forty-sixth street and Fifty-second street; east and west sides of Forty-ninth street, between Baltimore avenue and Florence avenue; north side of Catherine street, between Forty-ninth street and Fiftieth street;
(.19) Juniper street, between Filbert street and Walnut street;
(.20) East side of Kensington avenue, between Allegheny avenue and Hilton street;
(.21) North side of Market street, between Fifty-first street and Fifty-third street; east and west sides of Fifty-second street, between Market street and Haverford avenue;
(.22) West side of Ogontz avenue, between Spencer street and Church lane;
(.23) Both sides of Ontario street, between Seventeenth street and Eighteenth street;
(.24) North and south sides of Pratt street, between Darrah and Penn streets;
(.25) Broad street, from the south side of I-95 to the Philadelphia Naval Base;
(.26) Within the area bounded by Packer avenue and Terminal avenue, Seventh street and Twentieth street.
(a) The penalty for violation of any provision of this Section or any other applicable Section of The Philadelphia Code, Philadelphia Traffic Regulations or Ordinances of City Council is, in addition to any other sanctions provided, a fine not exceeding one-hundred (100) dollars for each offense together with revocation or suspension of the vendor's license and imprisonment not exceeding sixty days if the fine and costs are not paid within ten days of imposition. Each violation shall be evidenced by a separate written notice presented at time of citation for offense. A hearing on each violation shall be required before any fines, suspensions or revocations can occur. Each day of violation shall be deemed a separate offense.
(b) In addition to the penalties provided in Section (9)(a), the Department of Licenses and Inspections 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 vendor who uses the sidewalk of any street in violation of this Section and refuses to immediately comply with this Section upon written notice of violation and an order to vacate the sidewalk. The vendor shall immediately be notified of the place where his property can be reclaimed and the vendor shall be entitled to immediately claim his property upon payment of the costs of removal.
(c) In addition to the penalties contained in (9)(a) and (b), any license issued under this Section may be suspended or revoked for any of the following reasons:
(.1) fraud, misrepresentation or knowingly false statement contained in the application for the license;
(.2) fraud, misrepresentation or knowingly false statement in the course of carrying on the business of vending under this Section;
(.3) conducting the business of vending under this Section in such a manner as to create a public nuisance, cause a breach of the peace or constitute a danger to the public health, safety, welfare, or morals or interfering with the rights of abutting property owners.
No part of this Section or the Section itself shall be construed to be in amplification or derogation of the rights or 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.
Each of the provisions of this Section is severable, and if any provision is held invalid, the remaining provisions shall not be affected, but shall remain in full force and effect.
SECTION 2. The Ordinance repealing Section 9-205 of The Philadelphia Code (Bill 2182) and adding new provisions regulating sidewalk sales, approved December 29, 1975, is hereby repealed in its entirety.
CERTIFICATION: This is a true and correct copy of the original Ordinance approved by the Mayor on May 28, 1976.
/s/ Charles H. Sawyer, Jr.
Chief Clerk of the Council
AND NOW, this 23rd day of January, 1984, it is hereby Ordered that the defendants' motion to dismiss is GRANTED and the above captioned action is DISMISSED.
AND IT IS SO ORDERED.