§ 78-172. Use of residential streets for sales.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Block means that portion of a residential street lying between the two nearest intersecting or intercepting streets and railroad right-of-way, waterway, unsubdivided area, or other definite boundary.

Residential street means the entire width between the boundary lines of every public way located wholly within or immediately adjacent to any area of the city classified as a residential zoning district, as such districts or maps, from time to time, are amended.

(b)

Prohibition of sales on residential streets. Except as otherwise provided in this section, it shall be unlawful for any transient merchant to use any residential street or sidewalk for the purpose of offering or exposing goods for sale, or of making sales and delivering such goods to any purchaser.

(c)

Exceptions. This section shall not apply to the following:

(1)

Peddlers and persons exempt from transient merchant license. Any peddler duly licensed as such in accordance with this chapter or any peddler otherwise exempt from the requirement to obtain a transient merchant license.

(2)

Permits for specific areas for food peddlers. Any person duly licensed as a peddler of food products in accordance with this chapter or otherwise exempt from the requirements for such license may use a specifically defined portion or area of a residential street or other public property pursuant to a valid permit issued by the city clerk for such specific location in accordance with the following:

a.

As a condition to the issuance of any such permit under this exemption, every applicant shall specifically agree that such applicant:

1.

Shall not occupy any portion of the available sidewalk or roadway width.

2.

Shall not use or employ any electronic or other amplified noises in conducting such business at any such location.

3.

Shall not use or employ any signs other than those permanently affixed to the vehicle, if any, and shall not otherwise use or employ canopies, umbrellas or other appurtenances except as may be necessary in inclement weather.

4.

May engage in such business only during the hours permitted, as set out in section 78-8.

5.

Shall collect all trash and other debris accumulating within 100 feet of any such location. If such debris is not collected within 60 minutes after the conclusion of such daily sales, the city may arrange for such cleanup, and the permit holder shall pay to the city the full cost for the cleanup before commencing any future sales under the transient merchant license.

b.

No permit under this exception shall be issued to an applicant unless the applicant furnishes proof to the city that the applicant is insured in an amount not less than $100,000.00 for property damage and injuries, including injury resulting in death, caused by operation of the business. Any permit issued under this exception may be suspended or revoked for any of the following reasons:

1.

Conducting the business contrary to the conditions of the permit.

2.

Conducting the business in such a manner as to create a nuisance or constitute a danger to the public health, safety or welfare.

3.

Any action by the city council rescinding any previous determination as to the suitability of any location as a specifically defined portion or area of a residential street for a permit in accordance with this exception.

c.

If more than two persons desire to use such area at the same time, such use shall be apportioned to such permit holders desiring such use on a fair and equitable basis under such rules and regulations therefor as may, from time to time, be determined and promulgated by the city clerk, who is hereby authorized to promulgate such rules and regulations.

(Ord. No. 3576, § III-2, 12-7-1998)

Cross reference

Streets and sidewalks, ch. 94.