[Code 1955, § 5-1.7; Ord. No. 452; Ord. No. 1530, 3-4-2009]
No person shall place any merchandise, material or sign upon, or engage in commercial activity upon, any sidewalk, street or alley; provided, however, that:
(a)
The City Manager may issue a written permit which shall be valid for a period of not more than 90 days allowing the temporary storage of a reasonable quantity of building and construction materials thereon, which permit shall impose such limitations and requirements as shall protect the safety and general welfare of the public. Before a permit is issued, the applicant shall pay a permit fee as established by resolution of the City Council.
(b)
Upon application, the Council of the City may, in its discretion, allow a temporary commercial use of streets, alleys or sidewalks if it determines that the proposed use will not unduly interfere with the public use thereof. If such proposed use be granted, the Council shall impose such conditions and requirements to such use as are appropriate to safeguard the public health and safety, to assure needed passage area for pedestrians or vehicles, or both, and to prevent the creation of a public nuisance. The right to exercise any such commercial use of a public street, alley or sidewalk may be terminated forthwith by the Council without notice or hearing thereon.
(c)
For purposes of this chapter, the occupant of adjacent property, or in the case of unoccupied property, the owner shall be rebuttably presumed to be the owner of the material or commercial activity for any enforcement activities or violations of this chapter.