(A) Location: No permit hereunder shall have any exclusive right to any location in a public street, nor shall he/she be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this Chapter, the judgment of a City Code Enforcement officer or their designee, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
(B) No business activity shall be carried on in any area of the City by any vendor who is permitted pursuant to this Chapter, where such business activity is prohibited by the City Zoning Ordinance. This permit does not preclude the issuance of other permits by the Parks Department in public parks or the granting of permission to sell and/or operate on private property by its owners.
(C) The city's or event organizer's permit shall in the case of a vendor be posted upon the stand at all times when the stand is open for business. The activities conducted by the vendor must conform to the description in the application for the permit. No sign shall be on or about a vendor's stand making any statement that is untrue or is at variance from the application; for one example: A sign shall not state "local produce" if either in fact or according to the application the produce was not grown on land within Valley County, Idaho. If a statement made in the application for a vendor's permit is false, or if a statement made by a sign at a vendor's stand is false, the permit shall be void.
(D) All persons doing business as a vendor must abide by the sign regulations in Chapter 2 Title 2 of this code.
(E) Hours of Operation: Vendors, canvassers, solicitors shall be allowed to engage in their permitted business only between nine o'clock (9:00) A.M. and sunset unless located in a commercially zoned area. For special events, the City may make an exception to the usual hours of operation.
(F) Removal of Trash: All trash or debris accumulating within twenty feet (20') of any vending stand shall be collected by the vendor and deposited in trash containers. All vendors selling food or beverages must provide trash receptacles adjacent to or as a part of their stands.
(G) Prohibited Areas: Any duly authorized City Code Enforcement Officer or their designee shall prohibit vendors from selling on specified public ways if it determines such prohibitions are necessary for the protection of public health and safety. Vendor carts, stands, and motor vehicles are prohibited within fifteen feet (15') of a fire hydrant, fire escape, bus stop, loading zone, or driveway of a fire station, police station, or hospital.
(H) Security: The City is not responsible for the security of any vendor facilities, equipment, supplies, or other property left unattended by the vendor. All incidents of vandalism, theft, robbery, or other injury to persons or property should be reported immediately. (Ord. 575, 11-22-1999; amd. Ord. 709, 3-22-2021)