(A) Streets, sidewalks, parks and rights-of-way.
(1) No person licensed under this chapter, nor any person on his or her behalf, shall have any exclusive right to any location in the public streets, rights-of-way, sidewalks or parks.
(2) No license shall be permitted to a stationary location within a congested area if the location operates to impede or inconvenience the public use and enjoyment of city streets, sidewalks, rights-of-way or parks.
(3) In furtherance therefor, the City Council shall prescribe, as a condition of the licensed granted, specific setback areas from the city sidewalk, street, right-of-way or park to assure the unimpeded flow of pedestrian movement in the vicinity of the applicant’s sales exhibit.
(B) Parking lots and driveways.
(1) No sales activity or exhibit, whether mobile or stationary, shall be conducted upon or so near the entrance to public parking lots or driveways as to obstruct or impede the free ingress and egress of vehicular traffic herewith.
(2) Partial use of space within parking lots which may face public streets or sidewalks may be granted with prior permission of the Police Department and Public Works Department.
(C) Exercise of police powers.
(1) For the purpose of this chapter, the judgement of the Police Department, exercised in good faith, shall be deemed conclusive as to whether an area is congested or impeded or inconvenienced.
(2) In the processing of applications, the City Clerk shall have the power to withhold and refuse to grant further permits if, in his or her judgment, overcrowding of thoroughfares would result should additional licenses be granted.
(Ord. passed 5-9-1994) Penalty, see § 113.99