§ 9-26. Restrictions applicable to all itinerant merchants.

(a)

Stands. Merchant stands shall not:

(1)

Exceed twelve (12) feet in length, four (4) feet in width, or four (4) feet in height;

(2)

Impede access to the entrance or driveway of any adjacent building;

(3)

Occupy more than half of the available sidewalk width or four (4) feet of such sidewalk, whichever is less.

(b)

Hours of operation. Merchants shall be allowed to engage in their businesses only between 8:00 a.m. and 9:00 p.m.

(c)

Handicapped areas. No merchant shall conduct business within ten (10) feet of any handicapped parking space or access ramp.

(d)

Removal of trash. All trash or debris accumulating within ten (10) feet of any merchant's stand shall be collected by the merchant and deposited in a trash container. All merchants selling food or beverages must provide trash receptacles adjacent to or as a part of their stands.

(e)

Prohibited areas. A merchant license issued pursuant to this article is valid only in the city. The city shall prohibit merchants from selling on specified public ways if it determines such prohibitions are necessary for the protection of public health and safety. Merchant stands and motor vehicles are prohibited within twenty-five (25) feet of a fire hydrant, fire escape, bus stop, loading zone, or driveway of a fire station, police station or hospital.

(f)

Noise. No merchant may sound any device which produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract public attention.

(g)

Motor vehicles. No merchant operating from a motor vehicle shall:

(1)

Stop, stand or park the vehicle within twenty-five (25) feet of any intersection, within any other prohibited area, or during prohibited hours;

(2)

Conduct business in such a way as would increase traffic congestion, constitute a hazard to life or property, interfere with an abutting property owner, or delay or obstruct access to emergency vehicles.

(h)

Pushcarts. Merchants utilizing pushcarts or other mobile, nonmotorized stands may only conduct business in each location for a period of sixty (60) minutes at a time. At the end of that period, such vendors must move to a new vending location at least three hundred (300) feet from the previous location. Pushcart vendors who do not adhere to these regulations will be considered fixed-location stand vendors and will be assigned to a fixed location.

(i)

Permission. Merchants shall obtain a written statement signed by the owner or lessee of any property upon which the merchant offers goods for sale, giving the owner's or lessee's permission to offer goods for sale upon such property, specifically stating the dates for which the permission is valid. Such written permission shall be conspicuously and prominently displayed at the merchant's business location(s).

(Ord. of 6-25-90, § 11; Ord. No. 2009-17, § 6, 5-11-09)