[Adopted by Ord. No. 1-12-81C]
49.1.1.
No person, on or after the effective date of this ordinance, shall
conduct or allow to be conducted any temporary outdoor activity as
defined in this ordinance without first obtaining a license therefor
in compliance with the terms of this ordinance.
49.2.1.
As used in this ordinance, the following terms shall have the meanings
indicated:
49.2.2.
OUTDOOR ACTIVITY — Any activity conducted outdoors within or
about tents or other such contrivances within any commercially zoned
districts in the Municipality, including carnivals, outdoor displays
of merchandise, vehicles or manufactured products, promotions, amusements,
gatherings of people, the outdoor sale of merchandise or products
that are normally available for purchase within a completely enclosed
building located on the same lot or premises on which the activities
are being conducted.
[Amended by Ord. No. 6-11-84]
49.2.3.
TEMPORARY — A period not to exceed seven consecutive days or
seven days within a thirty-day period.
[Amended by Ord. No. 6-11-84D]
49.2.4.
PERSON — Any person, syndicate, association, partnership, firm,
corporation, institution, agency, authority, department or other entity
recognized by law as the subject of rights and duties.
49.3.1.
A sworn application, in writing on a form furnished by the Municipality,
shall be filed with the Municipal Manager at least 14 days prior to
commencement of the temporary outdoor activity. The applicant for
the license shall be the owner or lessee of the property on which
the temporary outdoor activity is to be conducted.
49.4.1.
The license shall contain conditions which the Municipal Manager
may deem necessary and appropriate to minimize inconvenience to the
public. Such conditions may include, but are not limited to, the hours
during which the temporary outdoor activity may operate and the duration
of said activity. Further, the Municipal Manager may require the applicant
to make arrangements with the Police Department of the Municipality
for traffic and crowd control. All costs for said control measures
shall be borne entirely by the applicant. Violation of the conditions
of the license shall render the license null and void, constitute
a violation of this Ordinance and subject the licensee to the penalties
provided in this Ordinance.
49.4.2.
Upon application by a licensee, the Municipal Manager may renew the
license, in his sole discretion, for a period of not more than seven
days.
49.4.3.
The license shall be maintained on the property where the subject
temporary outdoor activity is conducted at all times and shall be
available on demand for inspection and review by any municipal official,
representative or employee.
49.5.1.
Any person who conducts or sponsors a temporary outdoor activity
for a charitable, religious or philanthropic purpose shall be exempt
from the provisions of this ordinance, provided that said person files
with the Municipal Manager a sworn application in writing on a form
furnished by the Municipality which includes the following information:
1.
The name and address of the person, including the name and address
of any officers, directors or sponsors of any organization or other
entity involved.
2.
The period during which the temporary outdoor activity is to be conducted.
3.
A specific statement of the charitable, religious or philanthropic
purpose.
4.
The relationship between the temporary outdoor activity and that
stated purpose.
5.
That the exempt organization agrees to pay for all costs to the Municipality
associated with traffic and crowd control.
[Added by Ord. No. 8-13-90B]
6.
Temporary activities of exempt organizations may include items not
normally available for purchase on the property where the activities
are to be conducted and may occur at any location within the Municipality.
[Added by 9-10-91C]
7.
Temporary activities of exempt organizations under these provisions
are limited to two times per calendar year with each occurrence not
to operate longer than 48 consecutive hours.
[Added by 9-10-91C]
49.5.2.
If the Municipal Manager is satisfied that the stated purpose is
charitable, religious or philanthropic and that the temporary outdoor
activity is in furtherance of that purpose, the exemption of this
section shall apply, and he shall no notify the applicant in writing.
The Manager's written exemption notice shall be maintained on
the property where the subject temporary outdoor activity is conducted
at all times and shall be available on demand for inspection and review
by any municipal official, representative or employee.
[Added by Ord. No. 8-13-90B]
49.6.1.
The outdoor sale of merchandise or products that are normally available
for purchase within a completely enclosed building located on the
same location or premise on which the activities are being conducted
is exempt from the provisions of this chapter, if the following conditions
are met:
1.
No sales take place within any established parking lot area or within
any fire lane.
2.
That at least a three foot walkway be maintained for pedestrian access
along any sidewalk located adjacent to any building.
3.
That all sales occur within 10 feet of any building.
4.
That no portable or movable signs such as an "A-frame" sign be used
in conjunction with said sales.
5.
That sales do not interfere with safe access by pedestrians to the
building.
6.
That the sales area be separated from vehicular access by a curb,
fence or similar such device.
[Added 8-13-1990 by Ord. No. 8-13-90B; amended 10-11-1995 by Ord. No.
10-11-95A]
49.7.1.
The outdoor sale of Christmas trees is permitted between November
15th and December 31st if the following conditions are met:
1.
That sales do not interfere with safe access by pedestrians to the
building.
2.
That all sales areas be free and clear of all trees and rubbish and
sales paraphernalia and equipment by January 5th of each year.
3.
That no sales shall occur in any residentially zoned area or on vacant
lots without buildings.
4.
That no trailers or other temporary structures (except racks to hold
trees) be used in conjunction with the Christmas tree sales.
5.
That no parking spaces required by the Zoning Ordinance be used for
the sale of trees.
6.
That a copy of the certificate to collect sales tax be displayed
at the sales location and be provided to the Municipality upon request.
[Amended 12-11-1995 by Ord. No. 12-11-1995A; 11-12-2012 by Ord. No.
11-12-12B]
49.8.1.
At the time the license application is filed, the applicant shall
pay the Municipality a license fee. The fee shall be set in accordance
with a schedule of fees, charges, or expenses as determined by Municipal
Council.
49.9.1.
No licensee shall permit the following on the licensed premises:
1.
Shouting or crying out.
2.
Musical instruments, drums, sound-making devices or amplifiers played
or used in such manner as to be heard on any abutting or adjacent
residential property.
3.
Activity or conduct in violation of any municipal, state or federal
laws or duly enacted ordinances or regulations.
49.10.1.
Any person who shall violate any provision of this ordinance
shall be guilty of a summary offense and shall be fined a sum not
to exceed $300 for each violation. Each day such violation exists
shall constitute a separate violation.
49.11.1.
The provisions of this ordinance are declared to be severable;
and if any section, sentence, clause or phrase of this ordinance shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this ordinance, but they shall stand notwithstanding
the invalidity of any part.
49.12.1.
Any ordinance or part of an ordinance conflicting with the provisions
of this ordinance be and the same is hereby repealed to the extent
of such conflict.
