A.
The following definitions shall apply to this Section:
1.
Streets, as used herein, includes roads, streets, highways and alleys publicly maintained and open to the use of public and privately owned and maintained roads and streets generally held open to the public use as defined in this Chapter.
2.
Roadway includes that portion of a street improved and designed for or ordinarily used by vehicular traffic.
3.
Sidewalk includes that portion of a street, other than a roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel, other than crosswalks. Sidewalks, as used in this Section also includes pedestrian malls which are defined as a way or place publicly maintained and open to the use of the public and designed to be used exclusively or primarily for pedestrian travel. Pedestrian mall also includes privately owned and maintained pedestrian malls where, in addition, the same are held open to public use without restriction and connect with publicly dedicated or privately owned streets as herein defined.
4.
Parking lots, as used in this Section, include both publicly owned and privately owned parking lots provided for the parking and storage of vehicles and where the same are open to the use of the public and connect to publicly dedicated streets or said privately owned streets as defined in this section.
5.
Vending, as used in this Section, includes solicitation . Solicitation as used in this Section means to ask for the immediate payment of money or goods whether or not in exchange for goods, services or other consideration.
[Amended by Ord. 99-1]
B.
Street Vending, Sale and Distribution Prohibited; Exceptions. No person, firm or corporation shall conduct or cause to be conducted or solicit or cause to be solicited any vending as herein defined upon the roadway of any such street except as follows:
1.
Delivery, sale or distribution of such articles upon order of or by agreement with a customer at a fixed place of delivery.
2.
Delivery, sale or distribution of such articles from a vehicle stopped, standing, or parked within eighteen inches of the right hand curb or within eighteen inches of the right or left hand curb on one-way streets and where said vehicle is so stopped, standing or parked by said vendor at the request of a bona fide purchaser, customer or recipient and where for a period of time not exceeding ten minutes in any one place.
[Amended by Ord. 99-1]
3.
Vending from a fixed location approved by the City Council.
4.
This Section shall not apply to the operation of taxicabs, buses, vehicles for hire, or public conveyances.
Notwithstanding the foregoing, it shall be unlawful for any person, while standing in any portion of the roadway or median divider to perform any act of solicitation as herein defined of any person traveling in a vehicle along said roadway within the City. [Added by Ord. 99-1] |
C.
Sidewalk Vending Prohibited; Exceptions. No person, firm or corporation shall conduct or cause to be conducted any vending or soliciting on any sidewalk except as follows:
[Amended by Ord. 99-1]
1.
Nothing contained in this Section shall prohibit the selling, vending or distribution of periodicals, newspapers, magazines, pamphlets, books, or handbills, whether commercial or noncommercial as defined in this Code, where conducted upon the sidewalks or the curb or parkway of any street to a person, customer or purchaser willing to or desiring to purchase or receive the same.
2.
Delivery, sale or distribution of goods, wares or merchandise from a pushcart by a vendor holding all necessary City permits or licenses.
3.
Notwithstanding the aforementioned subsection (C. l and C.2), no person while standing on the sidewalk of any public right-of-way at any location where the flow of traffic is regulated at that location by a stop sign or traffic signal shall perform any act of solicitation as defined in this part of any person within a vehicle whether moving or stopped at said location.
D.
Parking Lot Vending Prohibited; Exceptions. No person, firm or corporation shall conduct or cause to be conducted any vending as defined in this Section, or solicit or cause to be solicited any such vending in or upon any parking lot except with the written consent of the property owner or his authorized representative and upon approval of the law enforcement agency of Lakewood. The law enforcement agency, in granting approval for any such parking lot vending, shall ascertain that the public safety, and welfare has been protected by the institution of adequate safeguards to protect pedestrian and vehicular use of said parking lot during the period of any such vending within the parking lot area.
E.
Violation; Misdemeanor; Public Nuisance. No person shall violate any provision or fail to comply with any of the requirements of this Section or with the terms and provisions of any permit issued hereunder, and any person violating any of said provisions or failing to comply with the provisions of such permit or any mandatory requirements of this Section shall be guilty of a misdemeanor, as set forth in Section 1200 of this Code. In addition, the City Council hereby finds and determines that this Ordinance is necessary to protect the public health, safety and welfare and to prevent obstructions to the free use of public streets, highways and places, including sidewalks and parking lots and to prevent interference with the comfortable enjoyment of life or property by an entire community or by a considerable number of persons; that the activity herein defined as unlawful is an obstruction to the free use of passage in or on, in the customary manner, of such public street, highway, place, including sidewalks and parking lots, and in addition is a public nuisance.