[HISTORY: Adopted by the Township Council
of the Township of Evesham 5-15-2001 by Ord. No. 38-11-2000. Amendments
noted where applicable.]
On application to the Township Manager, or his
or her designee, the Township Manager, or his or her designee, may
permit, at their discretion, an outdoor display and/or sale on sidewalks,
adjacent to an applicant's commercial premises, subject to the conditions
contained herein.
A permit for an outdoor display and sale shall
only be given if the applicant satisfies all of the following criteria:
A.
No food or foodstuffs shall be displayed or offered
for sale except by a merchant whose normal business includes the sale
of such items; said merchant must also maintain a valid permit for
the food or foodstuffs displayed if the same are of the type which
otherwise require a permit; said merchant shall also provide a trash
receptacle of at least 25 gallons' capacity within five feet of his/her
display area.
B.
The outdoor display and sale shall be restricted to
areas zoned for commercial business and shall otherwise be in accord
with all zoning regulations pertaining thereto.
C.
The outdoor display sale shall not block pedestrian
or motor vehicle traffic. Specifically, it shall not impede the flow
of pedestrian traffic, including the handicapped, and said display
shall in no way threaten the safety of the public. This includes,
but is not limited to, ensuring that motorists are not visually or
physically obstructed in an unsafe manner.
D.
All participating displayers or sellers shall own
or lease permanent premises within 25 feet of the place where the
outdoor display or sale be will conducted.
[Amended 3-15-2005 by Ord. No. 4-3-2005]
E.
The applicant shall demonstrate that the outdoor display
and sale serves the public purpose of furthering the commercial and
mercantile growth and stability and/or aesthetics of the Township
at large.
F.
The permit shall not adversely affect the public welfare.
Any permit issued hereunder shall be issued
for a period of 30 consecutive clays, with dates and time of display
and sale subject to the approval of the Township Manager.
The applicant shall pay a fee of $100 for the
initial thirty-day permit and $25 for each additional permit thereafter
within a twelve-month period.
The applicant shall include with its application
its name, location to be used for sale and display and a list of the
goods to be displayed and offered for sale.
[Amended 6-19-2007 by Ord. No. 12-6-2007]
Permits for outdoor displays and sales are waived
for:
A.
Township-endorsed festivals, including, but not limited
to, the Independence Day Celebration, the Fall Festival and Winter
Fest.
B.
Carnivals, festivals, circuses and similar events
conducted or endorsed as a fundraiser for a nonprofit entity, school
or religious entity.
C.
Businesses that inherently display their goods and
merchandise outdoors for which planning and zoning approvals for said
outdoor display have been specifically obtained.
D.
Farms and farm stands accessory to a farm.
This chapter shall be enforced by the Construction
Code Official or his designee.
A.
Repealer. In the event that any clause, section or
paragraph of this chapter is deemed to be invalid for any reason,
then it is hereby declared to be the intent of the governing body
that the balance of the chapter shall remain in full force and effect,
the governing body hereby declaring that it would have adopted the
remainder of the chapter even without the offending provision.
B.
Severability. Any and all ordinances inconsistent
with the provisions of this chapter be and the same are hereby repealed
to the extent of any such inconsistencies.
C.
When effective. This chapter shall become effective
upon proper passage in accordance with the law.
