The following regulations shall apply to all temporary outdoor businesses.
(A) The Chief of Police or County Sheriff shall have discretion to set general policy for security for special events and to determine the specific security requirements for an individual special event.
(B) The Fire Marshal shall have discretion to set general policy for fire safety inspections and to require a fire safety inspection for any individual transient merchant or special event, and to charge a fee to be set by Council resolution.
(C) The Building Official shall have discretion to require a structural inspection for any temporary structure, and to charge a fee to be set by Council resolution.
(D) No person shall be deemed to be exempt from the application of this chapter by reason of that person having conducted business within the city prior to the effective date of this chapter.
(E) Transient merchants must comply with all applicable state and local laws, including, but not limited to, regulations and standards imposed or enforced by the County Sanitarian and Building Official and the municipal code.
(F) All provisions of the Development Code relative to signage must be followed.
(G) All waste shall be disposed of in compliance with all city, county and state standards, and may not be dropped, spilled or poured into storm sewers or onto the ground. Adequate trash receptacles must be provided and must be emptied appropriately.
(H) No use will be permitted:
(1) Within the required landscape or setback area of the property;
(2) Which blocks vision at street intersections; which blocks a crosswalk or otherwise impedes the flow of pedestrian traffic, including a 60-inch clear walkway required by the Americans with Disabilities Act, being 42 U.S.C. 12101 et seq., on either private or public property;
(3) Which blocks entrances or exits from buildings;
(4) Which blocks a driveway or otherwise impedes the flow of vehicular traffic;
(5) Within ten feet of any disabled parking space or access ramp;
(6) Within 50 feet of any entrance or driveway to a health care facility with an emergency or urgent care facility, school or police or fire station;
(7) Within any service drive of a parking lot; or
(8) In a location which conflicts with any fire or safety code regulations.
(I) No temporary outdoor business may emit noise, smoke, steam or light that disrupts the operation of any nearby business, which disrupts the normal livability of any nearby dwelling, or which disrupts the ability of a reasonable person to utilize and enjoy a public place.
(Ord. 378, passed 7-11-2005) Penalty, see § 111.99