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(A) A temporary use permit shall be required for each of the activities enumerated in § 110.21, and all activities which are similar or related thereto, except those activities sponsored by the city or other public agency. The activities, being temporary in nature possess characteristics of such unique and special form as to make impractical their operation without specific approval, upon the conditions as may be deemed appropriate, in the manner set forth in this subchapter.
(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction.
('83 Code, § 5.56.010) Penalty, see § 10.99
(A) No person shall sponsor, participate or engage in any of the following enumerated activities, without first obtaining a temporary use permit therefor, issued by the City Manager:
(1) Circuses.
(2) Carnivals.
(3) Fairs.
(4) Temporary outdoor exhibits of equipment, goods or merchandise.
(5) Aircraft and helicopter landings and demonstrations, and parachutist demonstrations.
(6) Christmas tree sales, except for those conducted as an integral part of a business which has a valid business license, issued pursuant to this code.
(7) Swap meets.
(B) Limitations on Permits.
(1) Duration. The maximum duration for temporary use permits issued for activities enumerated in division (A) shall be as follows:
(a) For uses listed in divisions (A)(1), (2), (3), (5) and (7), four consecutive calendar days;
(b) For uses listed in division (A)(6), 30 consecutive calendar days;
(c) For uses listed in division (A)(4), up to one calendar week, but not more than four nonconsecutive calendar weeks per year.
(2) Number of permits. There shall be a maximum of two permits issued per year for any one location and a maximum of two permits issued per year to any one applicant, provided that the limitation on the number of permits based upon location shall not apply to shopping centers having an area of ten or more acres.
(3) Standards. Temporary outdoor exhibits of equipment, goods or merchandise shall meet the following minimum standards and permit requirements:
(a) Displays shall not impede pedestrian or vehicular access.
(b) Displays located within the public right-of-way shall maintain a minimum four foot unobstructed access way for safety purposes.
(c) Displays shall be located solely along the storefront of the business requesting such display.
(d) Applications shall be submitted two weeks prior to the proposed display period. All applications shall be subject to Planning Division and Engineering Division approval.
(4) Temporary use permits issued for activities stated in § 110.21(A)(4) shall require that the placement of exhibits, outdoor displays and sidewalk sales ensure aesthetic character and quality.
('83 Code, § 5.56.020) (Ord. 858, passed - -83; Am. Ord. 933, passed - -86; Am. Ord. 980, passed - -88; Am. Ord. 981, passed - -88; Am. Ord. 1156, passed 2-2-00; Am. Ord. 1274, passed 9-21-05)
A filing and investigation fee as set by resolution of the City Council shall be required with each application for a temporary use permit. No such fee shall be required from an applicant who is exempt from the payment of business license taxes pursuant to this code.
('83 Code, § 5.56.030)
The City Manager shall, upon proper application, issue a temporary use permit if he or she determines that the proposed activity can, and will, be conducted in a manner compatible with the preservation of the public peace, safety, health and general welfare, and will not be injurious or detrimental to property located in the immediate vicinity of the proposed location for the activity.
('83 Code, § 5.56.040)
The City Manager shall refuse to issue a permit if the activity would not be compatible with the preservation of the public peace, safety or general welfare, or if the same would be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.
('83 Code, § 5.56.050)
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