Sec. 11-90.1. Roadside peddlers.
   (a)   Purpose. The purpose of this section is:
   (1)   To regulate, under the authority of state law, the business activities of roadside peddlers; and
   (2)   To reduce or eliminate problems with traffic congestion, sanitation, license and taxation compliance, and solid waste disposal associated with roadside peddlers.
   (b)   Definitions.
   (1)   Roadside peddlers shall include all persons, firms, or corporations who sell or advertise products or services from vehicles, stands, portable facilities, or open areas located along or near public roadways.
   (2)   Flea markets shall include outdoor bazaars, with ten (10) or more sales stands and off-street parking, in which the principal products offered for sale are inexpensive second-hand goods.
   (c)   Activity prohibited. Roadside peddlers shall not be allowed along public streets and rights-of-way within the town limits.
   (d)   Sales activities not affected. This section shall not be construed to prohibit, provided they are otherwise permitted by law, the following activities:
   (1)   Side walk sales or outdoor sales conducted, on the same premises, by merchants operating from a fixed business location in a building or structure;
   (2)   Short-term fundraising activities of not-for-profit organizations;
   (3)   Yard sales or garage sales conducted on the premises of the owner or resident;
   (4)   Flea markets;
   (5)   Community festivals and fairs; and
   (6)   Food Trucks per
   (7)   As permitted by Special Use Permit, ice cream retail from motor vehicle shall be allowed on interior subdivision streets only. No vendor shall operate on Highway 210, Highway 50, North Shore Drive, South Shore Drive or N. Topsail Drive. Audible music cannot be played while on the above streets within the Corporate Limits. Vehicles must be inspected by the Code Enforcement Officer and proof of insurance shown. Vehicles may not be parked in a stationary location.
   (e)   Penalty. Violation of this section shall be a misdemeanor punishable under G.S. 14-4. Each day's violation shall be a separate offense.
(Ord. No. 2000-19, §§ 1-6, 8-1-00; Ord. No. 2012-04, 8-7-12; Ord. No. 2021-05, § 1 (part), 4-6-2021)