It shall be unlawful for the owner or occupant of any property in the city, acting alone or in combination with any other person, to violate any of the following provisions of this section.
(A) It shall be unlawful to display goods and merchandise outdoors:
(1) Nearer than ten feet to the motor vehicle travel portion of any highway, street or road;
(2) On a sidewalk, except during a festival, homecoming or other special event sponsored or permitted by the city; or
(3) During a festival or special event, to display goods on a sidewalk that are not stacked, well ordered and contained within an area so as to leave at least four feet of clearance on the sidewalk unobstructed for use by pedestrians.
(B) It shall be unlawful to fail to move goods, wares or merchandise, that are displayed outdoors in an area that is open to the public, into a building at the close of business each day, or to place the same outdoors prior to 7:00 a.m. or to leave the same outdoors after 10:00 p.m. on any day.
(C) It shall be unlawful to display any goods or merchandise on a sidewalk or outdoors that are not displayed and offered for sale by a business operating in a permanent commercial building that abuts the outdoor display area.
(D) It shall be unlawful to deposit, display or store any merchandise, food or economic good upon any portion of a sidewalk or public right-of-way, or thereon to construct, erect, install or place any case, stand, table or other type of receptacle, structure or fixture whatsoever for any such purpose, without first obtaining a license authorized by this chapter.
(E) Except as otherwise specifically excepted, exempted or authorized by ordinance, it shall be unlawful to store or display goods or merchandise outdoors in an area located closer than 25 feet from the boundary line of the property on which it is stored or displayed, unless the goods and merchandise are screened from public view by a solid wood or masonry fence at least six feet tall. Further, any outside storage or outside use area established after the effective date of this chapter shall be screened by a solid wood or masonry fence at least six feet in height. No materials may be stored higher than the screening provided.
(F) It shall be unlawful for any person storing or displaying goods or merchandise outdoors to fail to comply with the following.
(1) No merchandising, nor the storage or stacking of the merchandise may exceed four feet in height (except Christmas trees displayed in vertical position).
(2) No merchandise may extend more than five feet from the front wall of the building.
(3) A four-foot wide unobstructed walkway must be provided between the curb, fire lane, maneuvering aisle or parking space and any stored and/or displayed merchandise.
(4) No stored merchandise, goods or products may be situated such that visibility of any motor vehicle traffic lane is obstructed.
(5) No area used for the outside storage or display of merchandise shall be located within 25 feet of the rear or side lot line of any residentially occupied property or any property abutting property having a dwelling, unless the area used for display is enclosed by a solid fence at least six feet in height and constructed of wood or masonry.
(6) Store or display goods or merchandise (except Christmas trees) an any area designated for off-street parking.
(7) All city fire, building and other codes shall be strictly complied with.
(Ord. passed - -2003) Penalty, see § 112.99