CHAPTER 775
Sidewalk Sales

775.01   Sidewalk sale defined.

775.02   Permits and conditions.

775.03   Insurance.

775.04   Appeals.

775.99   Penalty.

CROSS REFERENCES

Driving upon sidewalks - see TRAF. 331.37

Parking, walking and right of way on sidewalks - see TRAF. 351.02,

Obstruction of sidewalks - see GEN. OFF. 521.04

Maintenance of sidewalks - see GEN. OFF. 521.06

Duty to keep sidewalks clean - see S. & P.S. 901.03

Sidewalks generally - see S. & P.S. Ch. 903

775.01 SIDEWALK SALE DEFINED.

   As used in this chapter, "sidewalk sale" means the exchange or attempted exchange of goods or services for an amount of money, or its equivalent, or the display of goods, wares or merchandise, upon a public right of way.

(Ord. 70-90. Passed 11-26-1990.)

775.02 PERMITS AND CONDITIONS.

   (a)   No person, business, partnership or corporation shall conduct a sidewalk sale, or display goods, wares or merchandise upon a public right of way, without first obtaining a permit therefor, in writing, from the Director of Public Works.

   (b)   Notwithstanding Section 901.18 of these Codified Ordinances, issuance of permits as provided in subsection (a) hereof shall be upon forms provided by the Director of Public Works and submitted for approval to both the Director of Public Works and the Director of Public Safety.

      (1)   The application shall be accompanied by a fee of five dollars ($5.00).

      (2)   No permit shall be effective for longer than seven consecutive days, and a separate permit shall be required for each business address.

      (3)   The sidewalk sale or display shall be conducted only upon the public right of way adjacent to the business address of the applicant.

      (4)   The occupied portion of the sidewalk shall be that portion immediately adjacent to the principal structures.

      (5)   The display shall set aside at least seventy-five inches of unoccupied space between the front of the display and the edge of the sidewalk so as to provide adequate passage for pedestrians, the handicapped and bicycles.

      (6)   The display shall occupy no more than fifty percent of the sidewalk width.

      (7)   The display may be erected two hours before the commencement of the time period set forth by the permit.

      (8)   The display shall be entirely cleared from the sidewalk within two hours of the expiration of the permit. (Ord. 70-90. Passed 11-26-1990.)

      (9)    Adequate lighting shall be provided pursuant to Section 1306.311 so that all objects are sufficiently visible to ensure the safety of onlookers, pedestrians and passersby. (Ord. 2-18. Passed 4-1-2019.)

      (10)   The area occupied by the display and used by the applicant shall be kept free of litter or debris.

      (11)   The area occupied by the display and used by the applicant shall be restored to the same condition as before the display or use was placed thereon.

   (c)   No such permit shall be issued to the same premises so that the total days for such permitted use would exceed fourteen days in any calendar year.

(Ord. 70-90. Passed 11-26-1990.)

775.03 INSURANCE.

   (a)   Each permittee shall furnish, at the permittees expense, such public liability insurance as shall protect the permittee and the City from all claims for damage or bodily injury, including death, which may result from the operation under the permit or in connection therewith. Such policy shall name the City as an additional insured and shall be in an amount of not less than one hundred thousand dollars ($100,000) combined single limit for an injury to persons and/or property damage and shall be in a form acceptable to the Director of Law.

   (b)   A certificate of the insurance shall be provided to the City and maintained by the applicant for the entire period of the permit and for the entire period the day the display is being installed, used or dismantled.

(Ord. 70-90. Passed 11-26-1990.)