(A) Permission for sidewalk merchandise. Merchants lawfully conducting and operating a business from permanent physical business facilities which front on and abut a city sidewalk may display and sell goods, wares and merchandise from the sidewalk without need of application and approval from the City Council; provided, however, that the merchandise, along with all racks, display cases and other accessories thereto, shall be removed from all public sidewalks at the end of every business day during which the same may have been displayed.
(B) Setback. On sidewalks more than 12 feet in width, excluding the curb, the maximum distance that the goods, wares or merchandise may be placed from the wall or front of the place of business shall be 36 inches. On sidewalks seven feet in width, excluding the curb, the maximum distance shall be 24 inches. On sidewalks less than seven feet in width, no goods, wares or merchandise shall be placed on the sidewalks or streets.
(C) Additional restrictions. Notwithstanding the other provisions of this section, authority for merchants to sell from city sidewalks does not extend to city streets and is limited to those sidewalk areas immediately abutting their own property. Further, the setback requirements of division (B) above shall apply to all obstructions of every description.
(D) Special events. The City Manager may waive the setback requirements for special events recognized by the city, but in no event shall any merchant be permitted to fully obstruct a city sidewalk.
(E) Sidewalk dining areas. Within the allowance specified by this section, it is permissible for eating establishments to place tables and chairs on sidewalks adjacent to the side of the business if located on a street corner. No portion of any table or chair may protrude beyond the allotted space on the sidewalk as specified in division (B) above. For safety purposes, tables and chairs may not obstruct access to building entrances and exits. Merchants with sidewalk dining are responsible for cleanliness and are subject to all applicable Health Department regulations. Umbrellas over tables are permissible, but must also provide a clearance of a minimum of 78 inches from the lowest point of the canopy. Advertising messages may not be displayed from tables, chairs or umbrellas. This division (E) does not apply to merchants with outside dining that is part of their property and who comply with all applicable Health Department and Building Code regulations.
(F) Placement of permanent and semi-permanent obstructions. It shall be unlawful to place permanent and semi-permanent displays, features, inventory racks, display cases, vending machines and other obstructions of a permanent or semi-permanent nature on city-maintained sidewalks, streets or alleyways; provided, however, this restriction will not prohibit placement of public telephones and newspaper display racks with the setback limitations imposed by division (B) above.
(G) Selling from streets, sidewalks, vehicles, parking lots and vacant lots. It shall be unlawful for any vendor, as defined in § 115.02, or for any person whatsoever, to sell, barter, exchange or attempt to sell, barter or exchange any goods, wares or merchandise from a city street, sidewalk, vehicle, parking lot or vacant lot unless otherwise provided for in this chapter, except as the prohibition may be waived by the City Manager for special events recognized by the city; provided that, the applicant satisfies all permit requirements of this subchapter and complies with other applicable provisions of this code.
(Ord. 02-04, passed 3-26-2002) Penalty, see § 115.99
Statutory reference:
Regulation of solicitation campaigns, flea markets and itinerant merchants, see G.S. § 160A-178