[Adopted 12-1-1992 as Ord. No. 37-92[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 152.1.
As used in this Article, the following terms shall have the meanings indicated:
SEASONAL MERCHANDISE
Goods and products typically purchased for a holiday, a special day or seasonal time periods, such as Christmas trees, pumpkins, Easter and Mother's Day flowers, etc.
All seasonal merchandise must be located entirely on the premises of the applicant and not on public property. In addition, said merchandise must be set back ten (10) feet from all property lines.
It shall be unlawful for any person to sell seasonal merchandise in the City of Orange Township without first filing with the Department of Planning and Development the information hereinafter specified and obtaining from said Department a license to do so, to be known as a "seasonal merchandise license." The fee for such license shall be as provided in Chapter 88, Fees.
The Director of Planning and Development is hereby designated as the licensing official who shall issue licenses under this Article to those persons who shall apply for the same.
Where an inspection by the Director of Planning and Development discloses that a licensee has not complied with the terms of this Article, the Director is hereby authorized, at his discretion, after proper notice and hearing, to revoke the license so issued. Upon such revocation, the licensee shall also be subject to the penalties prescribed for any violation of this Article.
The information to be filed with the Department of Planning and Development pursuant to this Article shall be as follows:
A. 
The name of the person, firm, group, corporation, association or organization conducting said sale.
B. 
The name of the owner of the property and written permission from the owner to conduct the sale if the applicant is not the owner.
C. 
The street address and lot/block designation of the location at which the sale is to be conducted.
D. 
The starting date and the number of days of the sale.
E. 
A sworn statement or affirmation by the person signing that the information therein given is full and true and known to him (or her) to be so.
No sale shall extend beyond thirty (30) days from the first day of the sale nor start earlier than thirty (30) days preceding the holiday or special day. The sale shall be conducted between the hours of 9:00 a.m. and 10:00 p.m. only.
Each location for seasonal merchandise sales shall be conducted and maintained in accordance with the provisions of this Article and other ordinances of the City of Orange Township. The city reserves the right to have an Electrical Inspector and a Fire Subcode Official inspect the premises to ensure safety and that the location conforms to city and state code requirements; however, if said inspections show a violation of city or state code requirements, then the location will be deemed to be in violation of this Article and subject to penalties and fines as prescribed in this Article.
The person to whom such license is issued and the owner (and tenant, if appropriate) of the premises in which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets or interfere with orderly passage of pedestrian traffic on sidewalks in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police Department of the City of Orange Township in order to maintain the public health, safety and welfare.
The Director of Police shall render such aid and assistance to the Director of Planning and Development as the latter may require and request in the administration and enforcement of this Article.
Any person who violates any of the provisions of this Article shall, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.) or imprisonment for a period not exceeding ninety (90) days, or both. Each day that such sale shall continue, either after notification of violation or without being duly licensed, shall be considered separate violations at five hundred dollars ($500.) per day.