[R.O. 1994 § 605.175; Ord. No. 99-15 § 1, 6-8-1999]
Any person, firm, corporation or other entity wishing to expose, offer any merchandise, new or used, sell or serve any food, horticultural product or services by auction or otherwise upon any public street, sidewalk or other public place shall first obtain the written consent of the owner or tenant of the abutting property and a permit from the Board of Aldermen. The Board of Aldermen may in its discretion issue such a permit if it finds that such permit will be in the public interests and not to the detriment of other public uses of the respective street, sidewalk or public place. The issuance of any permits pursuant to this Section shall be subject to the conditions set forth in this Article.
[R.O. 1994 § 605.180; Ord. No. 99-15 § 1, 6-8-1999]
No permit shall be issued hereunder for occupying sidewalks of ten (10) feet or less in width measured from the curb; sidewalks of more than ten (10) feet and less than twelve (12) feet in width shall be limited to three (3) feet for such occupance; those of twelve (12) feet and less than fifteen (15) feet in width shall be limited to four (4) feet for such occupance; those of more than fifteen (15) feet shall be limited to five (5) feet for such occupance.
[R.O. 1994 § 605.185; Ord. No. 99-15 § 1, 6-8-1999]
Prior to the issuance of any permit for a period of more than three (3) days, the Board of Aldermen shall conduct a public hearing. The applicant shall provide the Board of Aldermen, on forms approved by the City Administrator, the location, the type of merchandise to be displayed and the extent of the sidewalk planned to be occupied and proof of current payment of all State and local taxes. The City Administrator shall cause placards to be placed at the subject premises and at each end of the block where the subject premise is located for a period not less than fourteen (14) days before the scheduled public hearing.
[R.O. 1994 § 605.190; Ord. No. 99-15 § 1, 6-8-1999]
The Board of Aldermen may issue permits for the use of any public street, sidewalk or other public place to any person, firm, corporation or other entity for a period of time not to exceed three (3) days without holding a public hearing as provided in Section 605.230. No such permit shall be issued for the same location or any portion thereof within six (6) months following the prior issuance of a permit as provided in this Section unless a public hearing is held.
[R.O. 1994 § 605.195; Ord. No. 99-15 § 1, 6-8-1999]
A. 
Upon approval of the application by the Board of Aldermen, the applicant shall pay to the City twenty-five dollars ($25.00) for the permit to display merchandise. Such fee shall be for the investigation of conditions and inspection of the public street and sidewalk.
B. 
The applicant shall keep harmless and defend the City from all damages which may be sustained by it and all claims which may be made against it by reason of any injury to person or damage to property resulting from anything done in connection with the permit, and for this purpose an insurance policy providing coverage up to five hundred thousand dollars ($500,000.00) for injury to any one (1) person, one million dollars ($1,000,000.00) for injury to any two (2) or more persons and twenty-five thousand dollars ($25,000.00) for property damage, conditioned as above, approved by the City Administrator, shall be filed with the City before the permit is issued.
C. 
All permittees shall maintain a copy of the merchandise display permit so positioned at the premises as to be conspicuous and visible to the public.
D. 
The Police Department shall cause to be made frequent inspections of all locations having merchandise display permits.
[R.O. 1994 § 605.200; Ord. No. 99-15 § 1, 6-8-1999]
Merchants and manufacturers may occupy with their merchandise not more than one-half (1/2) of the width of the sidewalk upon which the respective merchants' or manufacturers' place of business abuts without obtaining a permit; provided that the merchant, manufacturer, their agents or suppliers are actively engaged in the shipping or receiving of merchandise, that such use does not exceed two (2) hours in duration, and that such merchandise shall not remain on the sidewalk when the place of business abutting upon such sidewalk is not open for business.
[R.O. 1994 § 605.205; Ord. No. 99-15 § 1, 6-8-1999]
A. 
No person, firm, corporation or other entity who shall occupy any portion of the public street, sidewalk or other public right-of-way area or private property abutting and in view of such public area for the purpose of displaying or offering for sale, by auction or otherwise, any new or used merchandise, sell or serve any food, horticultural products or services without a merchandise display permit. Any person, firm, corporation or other entity displaying merchandise without permit shall upon conviction be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each such offense. Each day's violation shall constitute a separate offense.
B. 
No person, firm, corporation or other entity, having properly obtained a merchandise display permit, shall encroach into the public right-of-way beyond the area allowed by the permit. Any object or objects found illegally encroaching into the public right-of-way shall be subject to removal.
C. 
The Board of Aldermen may revoke for cause any merchandise display permit it has issued if, in the opinion of said Board, the public interest demands such revocation. Such cause shall include, but not be limited to, failure to maintain insurance as required in this Chapter, failure to properly display the permit, failure to properly maintain the sidewalk area, failure to keep the area neat and orderly, for more than one (1) instance of encroachment into the right-of-way beyond the range of the permit or for displaying items prohibited by law.
[R.O. 1994 § 605.210; Ord. No. 99-15 § 1, 6-8-1999]
A. 
Because permits for the private use of public rights-of-way are temporary in nature and may be revoked at will by the Board of Aldermen, the permittee shall make an application for renewal of existing permits at least annually.
B. 
The City Clerk shall send a notice to the holder of the permit that unless an application for renewal is received by the Board thirty (30) days prior to the day and month of approval of the permit, the permit will be revoked effective on the anniversary date thereof.
C. 
The application for renewal shall be made as provided by the City.