When used in this chapter, the following words, terms, and phrases, and their derivations, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CONVEYANCE. Includes any public or privately owned vehicle, method or means of transporting people, bicycles, motorized or non-motorized vehicle, handcart, pushcart, lunch wagon or any other device or thing, whether or not mounted on wheels.
GOODS, WARES, MERCHANDISE. Shall include, but not be limited to, fruits, vegetables, farm products or provisions, plants, flowers, appliances, wearing apparel, jewelry, ornaments, art work, toys, cosmetics and beauty aids, health products, medicines, household needs or furnishings; except that this chapter shall not apply to those residents of Colfax County, Nebraska or residents within ten miles of the city limits, whichever is greater, involved in the conveyance, sale or offer of farm products produced or raised (not processed) by a vendor from land occupied and cultivated by him or her. Also excluded are vendors exclusively governed by the provisions of city mobile food vendor ordinance.
INTERSECTION. The convergence of two or more public ways and, for purposes of this chapter, proximity measurements will be taken from the outermost perimeters of said converging public ways.
MOTOR VEHICLE. Any vehicle used for displaying, storing, or transporting articles for sale by a vendor which is required to be licensed and registered by the State Department of Motor Vehicles of any state.
PRIVATE SPACE. Includes privately owned property, whether developed or undeveloped, which is properly zoned for retail sales.
PUBLIC SPACE. Includes all city-owned parks and city-owned property within street rights-of-way, including any roadways and sidewalks.
PUBLIC WAY. All areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings.
PUSHCART. Any wheeled vehicle approved by the city and in accordance with this chapter designed for carrying property and for being pushed by a person without the assistance of a motor or motor vehicle.
SIDEWALK. All areas legally open to public use as a pedestrian public way between the curb line and the legal building line of the abutting property.
SPECIAL EVENT. Any occasion including but not limited to fairs, shows, exhibitions, city-wide celebrations, and festivals taking place within a specifically defined area within the jurisdiction of the city for a period of time; and/or which special event is approved by the City Council; provided, however, that any event occurring on city owned property must be approved by City Council.
STAND. Any showcase, table, bench, rack, handcart, pushcart, stall or any other fixture or device that is used for the purpose of displaying, exhibiting, carrying, transporting, storing, selling or offering for sale any food, beverages, goods, wares or merchandise.
STREET. All that area legally open to public use as public streets, and sidewalks, roadways, highways, parkways, alleys and any other public way.
VENDOR. Any person, traveling by foot, wagon, vehicle or any other type of conveyance from street to street carrying, conveying, or transporting goods, wares, or merchandise and offering and exposing them for sale, or making sales and delivering articles to purchasers; or who, without traveling from place to place, exhibits, displays, sells or offers for sale such products from a wagon, handcart, pushcart, motor vehicle, conveyance or from his or her person while on the public ways of the city or upon private space. A VENDOR also includes any street vendor, hawker, huckster, itinerant merchant, transient vendor, or door-to-door salesperson.
VEHICLE. Every device in, upon, or by which a person or property may be transported or drawn upon a street or sidewalk, including, but not limited to, devices moved by human power.
(Ord. 2018-12, passed 8-7-2018)