947.12  ROY ROGERS ESPLANADE; PERMIT REQUIRED.
   (a)   The Roy Rogers Esplanade is hereby described as follows:  Beginning with the sidewalk at the southwest corner of Bank One building, continuing in an eastwardly direction to the Security Alley, then including the Esplanade area, shall commence westwardly along Gallia Street to Chillicothe Street and thence in a northerly direction to the point of beginning; this includes all sidewalks contained in the area therein.
   (b)   The following shall apply to use of the Roy Rogers Esplanade or other public areas:
      (1)   A permit for use of the Esplanade area must be applied for through the Service Director.  Application must be made thirty days prior to the date of the scheduled event.
      (2)   The permit holder shall be responsible for damage to any portion or element of the Esplanade or other public area being used.  Appointments on the Esplanade; benches, light standards, trash receptacles and flag poles shall not be used to support displays, vendor equipment, signage or the like.  Specifically, there shall be no wiring or typing of items to these appointments.  No stakes or rigging may be driven into the Esplanade surface or other public surface, whether it be paved, grass, planter boxes or street without the explicit written permission of the Service Director.  Failure to secure permission may result in a charge of criminal damaging.
      (3)   The permit holder will be responsible for the removal of all trash following the event.  Esplanade and other public areas must be returned to their previous condition.  Vehicles are prohibited upon the Esplanade and certain other public areas unless written permission has been granted by the Service Director.  Failure to comply may result in legal action against the permit holder.
      (4)   No person, business, vendor or organization will be permitted use of utilities on the Esplanade or other public areas without explicit written permission from the Service Director when an applicable deposit has been made for such usage.
      (5)   No person, business, vendor or organization will be permitted to sell food, drink or other items for human consumption without explicit written permission from the Service Director when an applicable deposit has been made.
      (6)   Nothing contained herein shall relieve vendors, permit holders or other users from other sections of the Codified Ordinances not in conflict with this section.
   (c)   The City shall be the party responsible for the enforcement of this section of the Codified Ordinances.  Mainstreet Portsmouth, shall assist the City by bringing questionable activities or accompanying usages to the attention of the Service Director.
(Ord. 2016-168.  Passed 11-28-16.)
CODIFIED ORDINANCES OF PORTSMOUTH