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.