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
(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.)
(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.)
(a) Any person aggrieved by a decision of the Director of Public Works and/or the Director of Public Safety, in refusing to grant any such permit pursuant to this chapter, shall have the right of appeal to City Council. Such appeal shall be taken by filing a Notice of Appeal, including a statement of the grounds for such appeal, with the Clerk of Council within ten days after notice that the decision of the Director of Public Works and/or the Director of Public Safety has been reached.
(b) A copy of such Notice of Appeal shall be served upon the Director of Public Works within five days of its filing with the Clerk of Council. The Clerk of Council shall then set the time and place for the hearing of such appeal, and the notice of such time and place shall be given in the same manner as provided in the Codified Ordinances for notices of meetings of Council and agendas thereof. Such hearing shall be set not later than thirty days after the date of the filing of the Notice of Appeal, but in no event shall such hearing be set for a date subsequent to the date specified in the original permit application for a permitted activity under this chapter. The Clerk of Council shall notify the appellant by having the Notice of Hearing personally served upon the appellant at the address specified in the permit application or by certified mail at that address, at the sole discretion of the Clerk.
(c) Council shall have the power to reverse, affirm or modify the decision of the Director of Public Works and/or the Director of Public Safety, and any such decision made by Council shall be final.
(Ord. 70-90. Passed 11-26-1990.)
Whoever violates any of the provisions of this chapter shall be guilty of a minor misdemeanor for a first offense and shall be fined not more than one hundred dollars ($100.00). For a second or any subsequent offense such person shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both.
(Ord. 70-90. Passed 11-26-1990.)