[HISTORY: Adopted by the Mayor and Council of the City of Hyattsville 10-3-1977. Amendments noted where applicable.]
[Amended 1-16-2001 by HR 2000-03]
For the purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein:
CHARITY SALE
Any temporary sale for which the sponsor is a recognized charitable organization and the proceeds of which go to one or more charitable organizations.
FREESTANDING
Standing independently, free of support or attachment.
GOODS
Includes any goods, wares, merchandise or other personal property capable of being the object of a sale regulated hereunder.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
SERVICES
Includes any work or act capable of being performed for a fee or donation during a sale regulated hereunder. Examples of "services" occasionally performed as part of a temporary sale are a car wash or appliance repairs.
SPONSOR
Any person who organizes or sponsors a temporary sale and who assumes liability and responsibility during the sale for compliance with all pertinent laws and regulations of the City. A "sponsor" may represent himself or herself as a single vendor or any number of vendors as in the case of a multiple-vendor sale.
TEMPORARY SALES
Includes all sales of goods or services, whether or not for profit, for a period of time not to exceed 14 days and from a fixed location, store, shop or other site not otherwise licensed to do business there. This includes but is not limited to such sales as yard and garage sales, Christmas tree sales, flea market sales and fresh produce sales.
[Amended 1-16-2001 by HR 2000-03]
Any person conducting a temporary sale as defined herein shall have first obtained from the City a temporary sale permit. No person shall be entitled to obtain more than two permits per calendar year.
[Amended 1-16-2001 by HR 2000-03, 4-5-2004 by HO-2004-10]
All temporary sales shall be limited to the sale period stated on the license permit and shall not exceed 48 consecutive hours within a 14 calendar day period.
The sponsor shall be responsible for compliance by all persons involved in the temporary sale with all pertinent laws and regulations of the City and shall be liable for all acts arising from the temporary sale in the same way and to the same extent as other persons operating a business in the City.
A. 
Each temporary sale permit shall specify, at the minimum, the following:
(1) 
The name of the sponsor.
(2) 
The name of the organization, if any, which will receive proceeds from the sale.
(3) 
The goods and/or services to be sold.
(4) 
The location or site of the sale.
(5) 
The period of time during which the sale will take place.
B. 
The sponsor shall be responsible for the cleaning up of the sale site or location.
A. 
A schedule of temporary sale permit fees shall be established from time to time by the City Council.
[Amended 4-5-2004 by HO-2004-10]
B. 
A recognized charitable or nonprofit organization may be exempt of any fee.
C. 
A late fee equal to the greater of $10 or double the fee charged for the permit shall be assessed for failing to apply for the permit prior to the event.
No sale shall be so conducted as to interfere with the smooth flow of vehicular and pedestrian traffic past the site of the sale. Any sponsor who anticipates traffic which might interfere with a smooth flow will so notify the City at the time the permit is requested and make any necessary arrangements with police and fire officials to control the flow. Should an unusually large flow of traffic develop during the sale, the sponsor will immediately notify the City and, upon request of the City, shall stop the sale until such time as the traffic flow can be effectively controlled.
No temporary sale or any activity associated therewith shall be conducted in any way that will disturb the peace, endanger the safety or threaten the welfare of persons nearby or interfere with the reasonable use of adjacent property.
The site or location of a temporary sale shall be maintained clean and free from litter at all times. Any litter which shall fall on the property of another shall be removed immediately. Upon conclusion of the temporary sale, the sponsor shall be responsible for the removal of all litter and trash from the site and adjacent property not later than one day after the sale ends. Should the sponsor fail to do so, the City may remove such trash or litter and charge the cost thereof to the sponsor.
Any advertising of the temporary sale shall be subject to the same regulation as pertains to other business activities in the City located in the C-S-C Zone and as may be additionally defined herein.
[Amended 1-16-2001 by HR 2000-03]
Any sign advertising the temporary sale may not be erected more than three days before the sale begins and must be removed not later than one day after the sale ends.
[Amended 4-5-2004 by HO-2004-10]
A permit issued by the City shall be required for any sign advertising the temporary sale which is larger in size than four square feet and for electrical signs of any size.
[Amended 1-16-2001 by HR 2000-03, 4-5-2004 by HO-2004-10]
Signs advertising the temporary sale may not be placed on any public property including utility poles, hydrants. Such signs may only be placed on private property and only with the express permission from the owner or agent. Any sign in the public right-of-way must be freestanding and no higher than 3 1/2 feet and no larger than four square feet.
[Amended 4-5-2004 by HO-2004-10]
A. 
The City shall issue the permit applied for after inspection of the proposed temporary sale site by the Code Enforcement Officer and his certification that such sale is in conformance with the provisions of this chapter.
B. 
The Code Enforcement Officer of the City shall be empowered to revoke or suspend any permit issued under this section upon a determination that the permittee is conducting the activities in an unsafe, unsanitary or unlawful manner.
C. 
Application shall be made seven days prior to the commencement of the desired date of such a temporary sale.
[Added 11-3-1980 by HB No, 20-80; amended 8-2-1982 by HB No. 12-82, 6-1-1998 by HR 98-03, 1-16-2001 by HR 2000-03, 4-5-2004 by HO-2004-10]
Violations of the chapter shall be punishable as a municipal infraction as provided in Chapter 20 of this Code. The fine for any single initial violation shall be $100, and the fine for each repeat of that offense shall be $200.