(a) In general. A peddler may operate before or after the time required by section 7-29(4) by complying with the exemption process provided in subsection (b).
(b) Exemption process.
(1) Initial application. A peddler desiring to operate before or after the time required for closing by section 7-29(a)(4) shall apply to the director of the development services department for such authorization, stating the specific times that the peddler desires to operate. If the director determines that the peddler's operation is more than two hundred (200) feet from the nearest residentially zoned property and the peddler has no convictions for violations of this article within the previous twelve (12) months, the director shall grant the request for the time period requested. If the peddler's operation is within one hundred (100) to two hundred (200) feet from the nearest residentially zoned property, the director shall refer the application to the zoning examiner pursuant to paragraph (2).
(2) Application to zoning examiner. After the director has referred the application to the zoning examiner, the examiner shall hold a public hearing on the application. The examiner shall hold the hearing no later than sixty (60) days after receipt of the application. The director of the development services department shall notify the chief of police and all residents and registered neighborhood associations within three hundred (300) feet of the lot lines of the site where the peddler's operation is located if on private property or three hundred (300) feet of the peddler's operation if located on city property or right-of-way. After conducting the public hearing, the examiner shall issue a decision either granting or denying the application within five (5) business days of the hearing. The examiner may grant the application if the examiner determines that the peddler's business is not detrimental to the peace and quiet of the residents affected by the business or to public safety. If the zoning examiner grants the application, the authorization shall state the times in which the peddler is permitted to operate, which may be different from that requested by the peddler. The decision of the zoning examiner is final and may not be appealed. If the application is denied, the peddler may not make a similar application for the same location for twelve (12) months.
(c) Operating during times not authorized. If a peddler is permitted to operate past the time allowed under section 7-29(a)(4), it is unlawful for the peddler to operate before or after the times permitted under subsections (b)(1) or (2).
(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)