§ 112.22 EXCEPTIONS AND EXEMPTIONS FOR SIDEWALK AND OUTDOOR SALES.
   (A)   The provisions of §§ 112.19 and 112.21 shall not apply to or affect the following persons or sales:
      (1)   Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
      (2)   Persons acting in accordance with their powers, authority and duty as a public employee or official;
      (3)   Persons and businesses participating in a special program or festival that is sponsored or permitted by the city for a period of not more than ten consecutive days during the term of the special program or festival, for the purpose of promoting the local economy or community; and
      (4)   Sales of operable vehicles and automobiles, farming implements, trailers, farming and construction equipment, construction supplies, feed, seed, hay and similar goods and merchandise that is customarily stored and displayed outdoors for lengthy periods of time. The following items and similarly packaged items may be displayed and/or stored outside the main building subject to the conditions contained in this ordinance: bagged grass seed; bagged fertilizer; bagged mulch; bagged bark chips; bagged play sand and similar seasonal bagged products that can be stored in an orderly manner and will not rust, decay or deteriorate during the season they are stored outdoors, rock and soil; firewood stacked not more than four feet high; Christmas trees, and a maximum of ten portable boxes, bins or other such containers, not to exceed 96-gallon capacity each, for the purpose of collecting aluminum cans, glass, grocery bags or plastic bottles.
   (B)   The prohibitions in this chapter shall not apply to the actual movement of merchandise or economic goods over or across sidewalks when such movement is made or accomplished as one continuous transaction of temporary duration to or from buildings and/or vehicles in a sale, storage or other transfer for a lawful purpose.
   (C)   The prohibitions in this chapter shall not prohibit the display of merchandise normally placed on gasoline pumps and/or gasoline pump islands.
   (D)   The prohibitions in this chapter shall not be construed to apply to merchandise dispensing units, (e.g., soft drink machines, newspaper racks, pay telephones, ATMs) placed adjacent to and outside of a business building, where at least three feet of sidewalk remains unobstructed for pedestrian use.
(Ord. passed - -2003)