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Placement or operation of any street vending cart in violation of the provisions of this article is declared to be a public nuisance. The police department may cause the removal of any cart found on a public sidewalk in violation of this article and is authorized to store such cart until the owner shall redeem it by paying the reasonable removal and storage charges.
(Ord. 2009-75, 12-22-2009)
A. Enforcement: The code enforcement officer shall be responsible to enforce the provisions of this article.
B. Civil Penalties: Failure to correct a violation of this article after notice of violation and expiration of the ten (10) day warning period may be enforced by imposition of the following civil penalties pursuant to title 1, chapter 4, article B of this code:
1. The first civil citation issued after expiration of the warning period shall subject the responsible party to the initial civil penalty of one hundred twenty five dollars ($125.00).
2. The second civil citation issued after expiration of the warning period and the prior imposition of the initial penalty shall subject the responsible party to the intermediate penalty of two hundred fifty dollars ($250.00).
3. Any subsequent civil citation issued after expiration of the warning period and the prior imposition of the intermediate penalty, or any reoccurring violation under section 1-4B-6 of this code, shall subject the responsible party to the maximum penalty of five hundred dollars ($500.00).
C. Emergency Enforcement: If the code enforcement officer finds that an emergency condition exists that requires immediate action to protect the public health, safety, or welfare, he or she may issue a notice of violation, without a warning period, requiring that immediate action be taken as he or she deems necessary to remedy the condition. In the event the condition cannot be remedied by immediate action, the code enforcement officer may abate the condition by ordering closure of the vendor operation. The vendor operator shall comply with the notice, but may request a hearing through the appeal process set forth in title 1, chapter 4, article B of this code. Nothing in this subsection is intended to preclude enforcement by the Weber Morgan health department of its rules and regulations pertaining to food carts, however, the emergency enforcement authority granted to the code enforcement officer in this subsection is deemed necessary to enhance cooperation between the city and the Weber Morgan health department for the protection of public health.
D. Other Remedies: This article may also be enforced by injunction, mandamus, judicial abatement or any other appropriate action in law or equity.
(Ord. 2009-75, 12-22-2009)
"Swap meet" means a business operated entirely within an enclosed building where, under direction of the swap meet proprietor, individual sellers occupy a designated area where goods are sold or exchanged. For purposes of this article, a "flea market" shall be considered a swap meet.
(1979 Code § 5.57.010; Ord. 87-6, 1-22-1987)
It is unlawful for any person, firm, corporation or charity to hold a swap meet or flea market without having first obtained a license therefor, as is herein provided; but the license for a charity may be waived by the mayor upon application.
(1979 Code § 5.57.020; Ord. 87-6, 1-22-1987; amd. 1999 Code)
An application for swap meet license shall be made to the business license coordinator and shall state thereon the name of the applicant, the place of business and the number of employees intended to be engaged. The applicant shall provide a faithful performance bond for the amount of one thousand dollars ($1,000.00) acceptable to the business license coordinator, as an agent of the city engaged in selling of business licenses as required in section 5-13C-4 of this article. The license fee shall be as established in chapter 1, article B of this title. The chief of police or any other official designated by the chief of police shall investigate each applicant for such license and shall report back on whether or not such applicant is a person who has been convicted of a felony or theft related offense. In addition, an inspection by the city inspections and city fire prevention shall be conducted to verify compliance with applicable building and fire code requirements prior to referral to the city council for approval of and issuance of the business license.
(1979 Code § 5.57.030; Ord. 87-6, 1-22-1987; amd. Ord. 97-94, 12-16-1997)
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