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HomeMy WebLinkAbout10-1453 City Code Outdoor Sales and Temporary Uses (110076793)CITY OF MERIDIAN ORDINANCE NO. ~ (~ ~ ~ S ,3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING CHAPTER 4, TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO OUTDOOR SALES AND TEMPORARY USES: MOBILE SALES UNITS; TEMPORARY USES; AND CITIZEN'S USE PERMITS; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, and 09-1430, the City Council of the City of Meridian has instituted a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; __ WHEREAS, the permitting procedure and standards have been found to encourage outdoor sales and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that support and facilitate community events and celebrations; WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the processes and standards established therein, specifically: (1) As to City of Meridian Mobile Sales Unit Licenses, to clarify which aspects of an applicant's criminal history will disqualify such applicant from approval and to avoid regulation of insurance producers pursuant to an opinion of the Idaho Attorney General's Office that such regulation is preempted by Idaho Code section 41-405(2); (2) To clarify that, in keeping with Gibson v. Ada County Sheriffs Dept., 139 Idaho 5 (2003), a City Council decision regarding denial or revocation of a City of Meridian Mobile Sales Unit License, Temporary Use Permit, or Citizen's Use Permit shall be a final decision, and shall not carry a right of appeal to District Court; (3) To add a requirement that licensees utilizing a motor vehicle while acting or operating as a Mobile Sales Unit must carry current insurance on such vehicle; (4) To waive the application fee for a City of Meridian Temporary Use Permit where such permit is sought for any school fundraising activity, without limitation to car washes and ensure consistency in fee exemptions; (5) To clarify that just as persons or businesses operating under a City of Meridian Temporary Use Permit for a Special Event do not also require a separate City of Meridian Mobile Sales Unit License or Temporary Sales Unit TUP, though the same may be required absent the Special Event TUP; and (6) To provide that off street parking at the site of a Temporary Use must be adequate to serve both that temporary use, principal permitted uses, and other permitted temporary uses operating at that site; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1 OF 36 Section 1. That Title 3, Chapter 4 of the Meridian City Code is hereby repealed, and shall be replaced with language to read as follows: CHAPTER 4 OUTDOOR SALES AND TEMPORARY USES 3-4-1: DEFINITIONS: For purposes of this chapter, the following terms shall be defined as follows: A. FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or the right to petition. This definition shall not include activity that damages, harms or injures persons or property. B. GARAGE SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible personal property, including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used or second-hand items customarily found in or about the home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed to be sold, traded, offered, or delivered at another time or location, or that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fireworks. D. MOBILE SALES UNIT: 1. A traveling, and/or door-to-door commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof, from which or whom, at which or whom, or by which or whom goods and/or services are sold, traded, given away; offered for sale, trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or delivered pursuant to such sale, trade, or giveaway; and which or whom: a. Does not remain within any 300-square-foot area for more than two (2) consecutive hours within any twenty-four-hour (24-hour) period; and b. Is neither located on the premises of, nor physically attached to, any permanent proprietor, except when parking or stopping temporarily in order to conduct a sale, trade, giveaway, offer, display, or delivery. 2. A MOBILE SALES UNIT may travel and/or consist of any form of conveyance or transport, including, but not limited to, by foot, vehicle, trailer, cart, wheeled or other container, or AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 36 other form of offering, displaying, or storing goods and/or services. 3. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. 4. This definition shall not include the delivery of goods or services to a residence or place of business pursuant to a sale, trade, giveaway, or order previously transacted or placed with a commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof which is not traveling and/or door-to-door. 5. This definition shall not include an "insurance producer," as such term is defined by Idaho Code, where such person holds a current, valid State of Idaho license for such activity. E. ORGANIZER: The person who coordinates and/or promotes one or more vendors, activities, and/or venues in order to create or produce an Outdoor Market or Special Event, and/or the applicant in whose name a City of Meridian Temporary Use Permit for an Outdoor Market or Special Event is held. F. OUTDOOR MARKET: The sale, offer for sale, offer for trade, offer free of charge, or display by any person or persons for the purpose of selling, trading, or offering, of one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property; where such sale, trade, offer or any portion thereof occurs: 1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and 2. On public property or on property accessible by the general public; and 3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property. This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor arts, crafts, and/or hobby markets. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Development Code. H. PROMOTIONAL SALES UNIT: An outdoor or open-air commercial or retail facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300-square-foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is located on the premises of, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor. A PROMOTIONAL SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. I. PROPERTY: Any tract of contiguous land held in single ownership. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods, or services or that is offered or undertaken free of charge. This definition shall also include work or labor that is to be offered, sold, or undertaken at another time or location, or that serves AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 36 as a sample or demonstration of work or labor to be offered, sold, or undertaken at another time or location. K. SPECIAL EVENT: 1. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons which: a. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, sidewalks, or other publicly accessible areas; and b. Takes place, whether entirely or partially: (1) On a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or (2) On any other property, whether public or private, but requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides; or (3) On or in any area open to the public. 2. SPECIAL EvENTS may include, but shall not be limited to: a. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof; b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose; c. Performance, presentation, ceremony, concert, or exhibit; d. Athletic competition, race, or contest involving sports, games, or exercises; or e. Community or neighborhood celebration, gathering, or block party. 3. The definition of SPECIAL EVENT shall not include: a. An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of City services to a degree over and above that which the City routinely provides nor compromises the ability of the City to respond to a public safety emergency; b. An activity, including FIRST AMENDMENT ACTIVITY, occurring on streets or sidewalks within the City or in or on City property, where such activity neither results in the obstruction of streets or sidewalks, nor requires the provision and coordination of City services to a degree over and above that which the City routinely provides, nor compromises the ability of the City to respond to a public safety emergency; c. Funeral processions; or d. Programmed activities provided or managed by the City. L. SUBDIVISION MODEL HOME: A dwelling which serves as an exhibit or example of dwellings constructed or to be constructed within the subdivision in which such model home is located. Where a dwelling is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. M. SUBDIVISION REAL ESTATE SALES OFFICE: A structure from which lots and/or dwellings are sold, rented, or offered for sale or rent, where such structure is located in the subdivision containing such real estate. Where a structure is both a SUBDIVISION MODEL HOME AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 36 and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. N. TEMPORARY SALES UNIT: An outdoor or open-air commercial or retail establishment, enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300-square-foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is not located on the premises of, nor physically attached to, any permanent proprietor. A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. This definition shall not include the sale of fireworks. O. TEMPORARY SIGN: A sign, and/or any device, fixture, placard, or structure which: 1. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a TEMPORARY USE; and 2. Is not permanently mounted or secured. This definition shall be limited in its application to TEMPORARY SIGNS regarding TEMPORARY USES as defined in and regulated by this chapter, and shall not apply to signs defined in and regulated by other provisions of City Code, including, but not limited to, temporary and/or permanent signs regulated by the Meridian Unified Development Code. P. TEMPORARY USE: The carrying on, for a determinate and transitory period of time, a use of, at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display of goods or services, where such use is not the approved conditional or principal permitted use designated for such real property as defined and regulated by the Meridian Unified Development Code. TEMPORARY UsES shall include, but shall not be limited to, SUBDIVISION MODEL HOMES, SUBDIVISION REAL ESTATE SALES OFFICES, PROMOTIONAL SALES UNITS, TEMPORARY SALES UNITS, SPECIAL EVENTS, OUTDOOR MARKETS, and GARAGE SALES. The definition of TEMPORARY USE shall not include City management and/or permitting of City facilities or usages otherwise governed by City ordinance or policy. Any TEMPORARY USE established or operated within a park or facility operated by the City of Meridian Parks and Recreation Department shall be deemed to be either a SPECIAL EVENT or OUTDOOR MARKET. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 36 3-4-2: MOBILE SALES UNITS: A. License and/or permit requirements. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNIT without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. 4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. 5. A City of Meridian Mobile Sales Unit License. a. Application for a City of Meridian Mobile Sales Unit License shall be made to the City Clerk, and shall include the following: (1) A completed application form provided by the City Clerk, which form shall include: (a) Applicant's name, physical address, mailing address, driver's license number, and social security number. (b) A description of the goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered under the Mobile Sales Unit License. (c) A description of the form of conveyance or transport to be used in the MOBILE SALES UNIT'S operation, traveling, and/or conduct of sales, trades, giveaways, offers, displays, and/or deliveries. (d) A description of any and all motor vehicles to be used by the MOBILE SALES UNIT, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (e) A description of the hours, locations, and means at and by which the MOBILE SALES UNIT will operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries. (f) A comprehensive listing of any infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant. (g) An agent upon whom service of process may be made in the State of Idaho. (2) Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply where applicant is or represents: (a) A nonprofit organization exempt from federal income tax under 26 U.S.C. section 501(c); or (b) A governmental entity. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 6 OF 36 (3) Two (2) photographs of the applicant. Such photographs shall be two inches by two inches and shall show the head and shoulders of the applicant in a clear and distinguishable manner. (4) A photocopy of applicant's driver's license or other government-issued identification document. (5) Fingerprints, taken by the Idaho State Police, of the applicant. (6) Proof of motor vehicle insurance, if the applicant seeks to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. (7) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the Mobile Sales Unit License. Such insurance shall name the City as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $100,000.00 per occurrence property damage. b. Upon receipt of all application materials required by this section, the City Clerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information therein. The Chief of Police or his designee shall endorse upon the application the findings of the investigation and return it to the City Clerk. c. Upon receipt of the findings of the Chief of Police or his designee, but no later than twenty-one (21) calendar days from the date of submission of the completed application and all application materials required by this section, the City Clerk shall either issue a City of Meridian Mobile Sales Unit License to the applicant or deny the application. Where the City Clerk denies an application for a City of Meridian Mobile Sales Unit License, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Mobile Sales Unit License where: (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The applicant has been convicted of: (a) A violation of any provision of Title 4, Chapter 3, Section 2, Meridian City Code within the five (5) years preceding the date of submission of the application. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 7 OF 36 (b) Reckless driving, eluding a police officer, racing, and/or failure to carry insurance within the five (5) years preceding the date of submission of the application, except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. (c) A misdemeanor charge of driving under the influence of alcohol or drugs within the five (5) years preceding the date of submission of the application, or a felony charge of driving under the influence of alcohol or drugs within the ten (10) years preceding the date of submission of the application, except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. (d) Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application, or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application. (e) A misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the ten (10) years preceding the date of submission of the application. (f) Any crime involving, or related to, firearms or other weapons. (g) Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. (h) Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. (i) Any crime involving, or related to, drugs or illicit substances. (4) The applicant is or at any time has been required by any law or legal order to register as a sex offender. Appeal of the City Clerk's issuance or denial of an application for a Mobile Sales Unit License may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision. f. The City of Meridian Mobile Sales Unit License shall include, on its face: (1) The name of the individual licensed to operate or act as a MOBILE SALES UNIT within the City under such license; (2) A description of the goods and/or services that maybe sold, traded, given away, offered, displayed, and/or delivered under such license; AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 8 OF 36 (3) The hours, locations, and means at and by which the MOBILE SALES UNIT is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4) The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty-five (365) days following the date of issuance. g. A City of Meridian Mobile Sales Unit License shall not be required for: (1) FIRST AMENDMENT ACTIVITY on public or private property. (2) A MOBILE SALES UNIT that is invited to the premises or place at which goods and/or services are sold, traded, given away, offered, displayed, or delivered, where such invitation is extended by the occupant or owner of such premises or place. Such invitation maybe extended explicitly by such occupant or owner, or maybe extended implicitly by such occupant or owner by such occupant or owner's transaction of business with such Mobile Sales Unit within the previous three hundred sixty-five (365) days. Such invitation maybe revoked by such occupant or owner by explicit communication only, and shall be effective immediately, whether conveyed orally or in writing. (3) Any sale, trade, gift, offer, or display required by court order or by law. (4) The occasional sale by local school students of admission to a function of their school or of goods or services in support of a school program. h. The City Clerk may revoke a Mobile Sales Unit License where: (1) A term or condition of the license is violated by the licensee. (2) In the course of operating or acting as a MOBILE SALES UNIT, the licensee violates a provision of this Chapter or of any other local, state, or federal law. (3) It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. (4) The licensee is convicted of: a. Reckless driving, eluding a police officer, racing, and/or driving under the influence of alcohol, except that such conviction shall not be grounds for revocation where the applicant is not approved to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. b. Any charge involving theft or fraud. c. Battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order. d. Any crime involving, or related to, firearms or other weapons. e. Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 9 OF 36 f. Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. g. Any crime involving, or related to, drugs or illicit substances. (5) The licensee is required by any law or legal order to register as a sex offender. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Mobile Sales Unit License application. Such revocation shall be effective immediately upon mailing by the City Clerk. Appeal of the City Clerk's revocation of an application of a Mobile Sales Unit License may be made by the licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within fourteen (14) days of such revocation. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. B. Time of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UN1T at a time of day that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to operate or act as a MOBILE SALES UN1T upon a date that is outside the scope of a valid, current Mobile Sales Unit License. C. Place of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UN1T at a location that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the operation or activity of a MOBILE SALES UNIT in violation of any generally applicable provision of Meridian City Code or local, state, or federal law. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT or allow such operation or activity in any area of the City or in any manner prohibited by the Meridian Unified Development Code. 4. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT or allow such operation or activity in or on any City building, or City property other than a City Park, without the prior written or recorded consent of City Council. D. Manner of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UN1T if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 10 OF 36 2. If the MOBILE SALES U1v1T is or utilizes a motor vehicle or other mode of transportation, a valid and current Mobile Sales Unit License shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. Otherwise, a valid and current Mobile Sales Unit License shall be kept on the licensee's person at all times during such operation or activity and shall be exhibited at any time upon request of any person. It shall be unlawful for any person to operate or act as a MOBILE SALES U1v1T if a Mobile Sales Unit License is not exhibited as required by this section. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT where such person is not specifically licensed under a valid, current Mobile Sales Unit License. 4. It shall be unlawful for any person operating or acting as a MOBILE SALES U1v1T to sell, trade, give away; offer for sale, trade, or giveaway; display goods or services for the purpose of sale, trade, or giveaway; or deliver goods or services pursuant to such sale, trade, or giveaway goods or services that are outside the scope of a valid, current Mobile Sales Unit License. 5. It shall be unlawful for any person operating or acting as MOBILE SALES UNIT to operate a musical instrument or amplification device from such MOBILE SALES UNIT where such music or sound is audible beyond fifty feet (50') of the source of such music or sound. 6. It shall be unlawful for any person operating or acting as a MOBILE SALES UNIT to: a. Misrepresent his or her purpose or affiliation; b. Continue communications with a potential customer regarding a sale, trade, giveaway, or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such MOBILE SALES U1v1T. c. Represent the issuance of any license under this Chapter as an endorsement or recommendation of such licensed activity. E. Penalty. A violation of any provision of this Chapter shall be a misdemeanor, punishable by such fine and or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs maybe deemed a separate and distinct violation. F. Enforcement. Peace officers shall be empowered to enforce the provisions of this title. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this title or in an investigation of a suspected violation thereof. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 11 OF 36 3-4-3: TEMPORARY USES: A. License and/or permit requirements. It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as any TEMPORARY UsE without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state, or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. 4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. 5. A City of Meridian Citizen's Use Permit, where applicable. 6. A City of Meridian Temporary Use Permit, except that a City of Meridian Temporary Use Permit shall not be required for the following activities, provided that this exception shall not exempt such activities from any other requirements of law: FIRST AMENDMENT ACTIVITY on public or private property; any sale, trade, gift, offer, or display required by court order or by law; GARAGE SALES; or fireworks sales. a. Application for a City of Meridian Temporary Use Permit shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to: (1) The name, address, and tax identification number of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and corporate or tax identification number of such entity. Addresses required by this section shall include both local and corporate addresses, as well as both physical and mailing addresses. (2) The names and addresses of all employees and/or persons who will be establishing, operating, or acting as a TEMPORARY UsE within the City under the Temporary Use Permit. Addresses required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (3) A description of the use, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the Temporary Use Permit. (4) A description of any structures that will be used in the course of activities, sales, trades, giveaways, offers, and/or displays under the Temporary Use Permit. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 12 OF 36 (5) A description of any and all motor vehicles to be used by or in the course of the TEMPORARY USE, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (6) Site plan(s), floor plans, and/or map(s), which shall indicate the location(s) of any and all components of the proposed TEMPORARY UsE, including, but not limited to, any and all items listed in this subsection. Where any material change is made to an approved plan prior to or upon set-up of the TEMPORARY USE, an updated plan shall be submitted to the City and approved prior to operation of the use. The plan(s) and/or map(s) shall include, but need not be limited to, the following: (a) structures, (b) displays, (c) goods, (d) vendors, (e) scheduled events, (fj restrooms, (g) first aid stations, (h) drinking water sources, (i) garbage receptacles, (j) generators and any other mechanical equipment, (k) cooking equipment (1) TEMPORARY SIGNS, (m)devices of a carnival nature (e.g. pennants, strings of lights, ribbons, streamers, spinners, twirlers, propellers, and bubble machines), (n) entrance/exit drives, (o) areas and surfaces upon which vehicles will be driven, (p) areas and surfaces upon which vehicles will be parked, and/or (q) sediment traps. (7) A description of the dimensions, quantity, and locations of any and all TEMPORARY sIGNS that will be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the TEMPORARY UsE. (8) Permission of owners of property upon which such TEMPORARY SIGNS will be installed, erected, posted, or displayed. (9) A description and/or schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the Temporary Use Permit. (10) Written permission of owners of all property or properties upon, through, or across which such TEMPORARY UsE shall operate and/or occur. (11) A description of the plan for the management and/or control of persons and/or crowds at the site(s) of such TEMPORARY USE, including, but not limited to: the number and qualifications of any security personnel to be deployed; defensive and offensive equipment and/or techniques to be utilized by or available to such AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 13 OF 36 security personnel, including vehicles, weapons, and/or barriers; the method(s) by which persons or crowds will be moved, dispersed, and/or evacuated in the normal course of the TEMPORARY USE and/or in case of emergency; and the method(s) by which information will be relayed to persons and crowds at the site(s) of such TEMPORARY USE in case of emergency. (12) The plan for clean-up, tear-down, and/or removal of the TEMPORARY UsE and the site(s) upon which it occurs or is operated, including, but not limited to, the removal of any and all: structures, displays, restrooms, TEMPORARY SIGNS, garbage, litter, temporary ground cover, straw, and hazardous materials. Sediment traps may remain in place. (13) An agent upon whom service of process may be made in the State of Idaho. (14) Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply: a. Where applicant is or represents a nonprofit organization exempt from federal income tax under 26 U.S.C. section 501(c); b. Where applicant is or represents a governmental entity; or c. Where applicant is seeking a temporary use permit for a temporary sales unit for the purpose of conducting fundraising activities for a school or youth organization. b. Upon receipt of all application materials required by this section, the City Clerk or designee shall determine, and shall endorse upon the application findings and determinations regarding: (1) The validity and completeness of the information therein; (2) Whether the proposed TEMPORARY UsE maybe conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; and (3) Whether a violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY UsE will occur. Upon issuance of the findings, the City Clerk or designee shall either issue a City of Meridian Temporary Use Permit to the applicant or deny the application. Where an application for a City of Meridian Temporary Use Permit is denied, the City Clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Temporary Use Permit where: (1) The application is incomplete or required application materials or fees have not been submitted; AUGUST I7, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 14 OF 36 (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The proposed TEMPORARY USE will not be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; or (4) A violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY USE is proposed to occur. (5) The applicant has been convicted of a violation of any provision of Title 4, Chapter 3, Section 3, Meridian City Code within the five (5) years preceding the date of submission of the application. e. The City Clerk or designee shall issue or deny Temporary Use Permit within twenty-one (21) calendar days of receipt of a complete application for such permit. f. Appeal of the City Clerk's issuance or denial of an application for a Temporary Use Permit maybe made by the applicant within fourteen (14) days of such issuance or denial. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. g. The City of Meridian Temporary Use Permit shall include, on its face: (1) The name(s) of the permitee and any employees and/or persons permitted to operate or carry on a TEMPORARY UsE within the City under such permit; (2) The time(s), date(s), place(s), and manner at and by which the TEMPORARY USE is permitted to occur; (3) A description of the structure(s) that maybe erected under such permit; (4) A description of the caretaker unit that may be utilized for the purposes of security and maintenance of the site, if any; (5) A description of the permitted dimensions, quantity, and locations of any and all TEMPORARY s1GNS that maybe installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the permitted TEMPORARY USE; and (6) Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare and mitigate effects on surrounding property, including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, and/or dust. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 15 OF 36 h. In addition to any and all other applicable civil or criminal penalties, the City Clerk may revoke a City of Meridian Temporary Use Permit where: (1) Any term or condition of the permit is violated by the permitee or by any employee or person operating or acting under such permit. (2) In the course of operating a TEMPORARY UsE, the permitee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or federal law. (3) It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. (4) The site, set-up, and/or operation of the TEMPORARY UsE and/or any component thereof varies materially from the approved site plan. The City Clerk shall notify the permitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Temporary Use Permit application. Such revocation shall be effective immediately upon mailing by the City Clerk. Appeal of the City Clerk's revocation of an application of a Temporary Use Permit may be made by the permitee. Such appeal shall be made by City Council in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. B. Standards for All TEMPORARY USES. The following regulations on the time, place, and manner of TEMPORARY USES shall apply generally to any and all TEMPORARY USES. 1. Failure to obtain Temporary Use Permit. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a Temporary Use Permit without first obtaining a City of Meridian Temporary Use Permit. 2. Compliance with Temporary Use Permit. It shall be unlawful for any permitee or any employee or person acting under a Temporary Use Permit to violate or fail to comply with any term, condition, or standard set forth in such City of Meridian Temporary Use Permit. Time of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a City of Meridian Temporary Use Permit at any time or upon any date other than that designated in a valid City of Meridian Temporary Use Permit. 4. Place of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a City of Meridian Temporary Use Permit at any place other than that designated in a valid City of Meridian Temporary Use Permit. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 16 OF 36 5. Manner of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a City of Meridian Temporary Use Permit in any manner other than that designated in a valid City of Meridian Temporary Use Permit. 6. Parking, driving, and access. Any person operating or causing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, shall: a. Provide adequate off street parking to serve such TEMPORARY USE. No TEMPORARY USE shall displace the required off street parking spaces or loading areas of the principal permitted uses or other permitted temporary uses on the site, except where street closure is approved pursuant to avalidly-issued City of Meridian Citizen's Use Permit. b. Prohibit and prevent the operation and/or parking of vehicles on combustible surfaces or materials. c. Provide driving and/or parking surfaces that are designed to prevent traffic hazards and nuisances. d. Between June 1 and October 31, inclusive, operate, park, or allow the operation or parking of motorized vehicles only on surfaces composed of one of the following materials: (1) Concrete. (2) Asphalt. (3) Grasscrete. (4) Pavers. (5) Bricks. (6) Macadam. (7) Natural turf. (8) Recycled asphalt, where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the City of Meridian. (9) Gravel or soil treated with environmentally safe chemical soil stabilizer or chemical dust suppressant. e. Between November 1 and May 31, inclusive, operate, park, and/or allow the operation or parking of motorized vehicles only on surfaces composed of one of the following materials: (1) Concrete. (2) Asphalt. (3) Grasscrete. (4) Pavers. (5) Bricks. (6) Macadam. (7) Recycled asphalt, only where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the City of Meridian. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 17 OF 36 (8) Natural turf, gravel, or soil, only where all entrance and exit drives to the site are either paved or include sediment traps at each and every transition between paved to unpaved surfaces that meet the following standards: (a) Each sediment trap shall be constructed and maintained in a manner that effectively prevents tracking and/or flow of mud, soil, and/or sediment onto public rights-of--way. It shall be unlawful to allow mud or soil to be tracked or to flow onto public rights-of--way from the site of a temporary use. (b) Each sediment trap shall extend the full width of the entrance and/or exit drive. (c) Each sediment trap shall be a minimum length of thirty feet (30'). (d) Each sediment trap shall include asix-inch (6") base layer of fractured stone over the entire width and length of the sediment trap. 7. Vision triangle. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE to cause or allow structures, signs, merchandise, or any other material utilized in the operation or occurrence of such TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY UsE, to interfere with the clear vision triangle. 8. Right-of--way. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE to operate or cause or allow the operation or occurrence of any TEMPORARY UsE within the public right of way, unless otherwise authorized by a validly issued City of Meridian Citizens Use Permit. 9. Required buffer landscape areas. Unless otherwise approved, it shall be unlawful for any person to operate or cause or allow the operation or occurrence of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY UsE, within required street buffer for arterial and collector roadways and/or land use buffer landscape areas. 10. Structures. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY UsE, to: a. Construct or cause the construction of any permanent structure. b. Place, construct, or cause or allow the placement or construction of any structure that would not otherwise be permitted by a generally applicable provision of law or city code. c. Fail to remove a structure utilized in the operation of such TEMPORARY UsE at the end of the time period allowed by a City of Meridian Temporary Use Permit or by other law. d. Place, construct, or cause or allow the placement of structures utilized in the operation or occurrence of any TEMPORARY UsE within the required setback, required land use buffer, and/or the required street buffer for arterial and collector roadways. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 18 OF 36 11. Caretaker unit. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to: a. Establish and/or utilize more than one caretaker unit. b. Establish and/or utilize a caretaker unit for purposes other than site security or maintenance. c. Fail to remove any caretaker unit at the end of the time period allowed by a City of Meridian Temporary Use Permit or by law. 12. Noise. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE to fail to shield compressors, fans, pumps, or other motorized equipment in a manner that minimizes noise levels to adjoining properties. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to locate or operate a compressor, fan, pump, or other motorized equipment within one hundred feet (100') of a residential district. 13. Site conditions. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or conduct such TEMPORARY USE in a manner that fails to provide for waste collection and disposal, including, but not limited to, debris, garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to fail to remove waste from any TEMPORARY UsE site. 14. Unobstructed sidewalk. Where a sidewalk or pedestrianway is obstructed in the course of the conduct of a TEMPORARY UsE, a minimum width of four feet (4') of such sidewalk or pedestrianway shall remain unobstructed. Where the conduct of a TEMPORARY UsE obstructs a sidewalk or pedestrianway, it shall be unlawful for any person operating or causing or allowing the operation of such TEMPORARY UsE to fail to ensure that a minimum width of four feet (4') of such sidewalk or pedestrianway remains unobstructed. C. Standards for Specific TEMPOxAxY USES. In addition to the Standards for All TEMPORARY USES as set forth above, the following standards for time, place, and manner of operation or occurrence of specific TEMPORARY USES shall also apply. 1. Standards for SUBDIVISION MODEL HOMES. a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. b. A SUBDIVISION MODEL HOME shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. It shall be unlawful to operate or cause the AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 19 OF 36 operation of a SUBDIVISION MODEL HOME at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. c. A SUBDIVISION MODEL HOME shall be located only within a structure that is suitable for sale and/or use as a residential dwelling unit. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME within a structure that is not suitable for sale and/or use as a residential dwelling unit. While such residential dwelling unit is temporarily used as the SUBDIVISION MODEL HOME, such unit shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where such SUBDIVISION MODEL HOME does not meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. d. The principal use of the SUBDrvISION MODEL HOME shall be as an exhibit or example of lots and/or dwellings within the subdivision or planned unit development in which the SUBDrvISION MODEL HOME is located. It shall be unlawful for any person to use or allow the use of a SUBDIVISION MODEL HOME as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A SUBDIVISION MODEL HOME maybe operated only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDrvISION MODEL HOME is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where no lots or newly-constructed dwellings are for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION MODEL HOME. (1) No more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION MODEL HOME shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDrvISION MODEL HOME. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION MODEL HOME identifying, promoting, advertising, or directing patrons to such SUBDrvISION MODEL HOME. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 20 OF 36 identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME upon any property other than that property upon which the SUBDIVISION MODEL HOME is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY USE. 2. Standards for SUBDIVISION REAL ESTATE SALES OFFICES. a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. b. The operation of a SUBDIVISION REAL ESTATE SALES OFFICE without the following valid and current licenses, permits, and/or certifications shall be unlawful: (1) A City of Meridian Temporary Use Permit. (2) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. c. A SUBDIVISION REAL ESTATE SALES OFFICE shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings being sold from such SUBDNISION REAL ESTATE SALES OFFICE. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE at upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings being sold from such SUBDIVISION REAL ESTATE SALES OFFICE. d. The principal use of the SUBDIVISION REAL ESTATE SALES OFFICE shall be the sale of lots and/or dwellings within the subdivision or planned unit development in which the SUBDIVISION REAL ESTATE SALES OFFICE is located. It shall be unlawful for any person to use or allow the use of a SUBDIVISION REAL ESTATE SALES OFFICE as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A SUBDIVISION REAL ESTATE SALES OFFICE may remain only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDNISION REAL ESTATE SALES OFFICE is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where no lots or newly constructed dwellings are for sale or rent unless such SUBDIVISION REAL ESTATE SALES OFFICE is converted to a dwelling in accordance with all applicable provisions of law, including Title 10 of the Meridian City Code. f. A SUBDIVISION REAL ESTATE SALES OFFICE shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where such SUBDIVISION REAL ESTATE SALES OFFICE does not AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 21 OF 36 meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. g. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION REAL ESTATE SALES OFFICE. (1) No more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION REAL ESTATE SALES OFFICE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDIVISION REAL ESTATE SALES OFFICE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION REAL ESTATE SALES OFFICE identifying, promoting, advertising, or directing patrons to such SUBDIVISION REAL ESTATE SALES OFFICE. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE upon any property other than that property upon which the SUBDIVISION REAL ESTATE SALES OFFICE is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE shall be removed within twenty-four (24) hours of the conclusion of such TE1V~PORARY USE. 3. Standards for PROMOTIONAL SALES UNITS. a. The operation of a PROMOTIONAL SALES UNIT without the following valid and current licenses, permits, and/or certifications shall be a violation of this Chapter: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 22 OF 36 b. It shall be unlawful to operate or cause the operation of a PROMOTIONAL SALES UNIT in a residential district. c. Only a PROMOTIONAL SALES UNIT directly associated with the principally permitted use on the site on which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an existing retail establishment shall be allowed. It shall be unlawful to operate a PROMOTIONAL SALES UNIT at any place or in any manner that is not directly associated with the principally permitted use on the site on which such PROMOTIONAL SALES UNIT is located. d. Sales by a PROMOTIONAL SALES UNIT shall be limited to a period of time not to exceed one hundred and sixty (160) days per calendar year. e. A PROMOTIONAL SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a PROMOTIONAL SALES UNIT. (1) No more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. (2) The area Of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall not exceed thirty-two (32) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT where the area of such TEMPORARY SIGN exceeds thirty-two (32) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT upon any property other than that property upon which the PROMOTIONAL SALES UNIT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY USE. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 23 OF 36 4. Standards for TEMPORARY INDOOR EVENTS. a. The operation of a TEMPORARY INDOOR EVENT shall be unlawful without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (6) Written consent of the owner of the property on which the TEMPORARY INDOOR EVENT is to be located. b. It shall be unlawful to operate or cause the operation of a TEMPORARY INDOOR EVENT in a structure that is solely approved for residential occupancy. c. TEMPORARY INDOOR EVENTS shall be limited to a period of time not to exceed three (3) days per event. d. A TEMPORARY INDOOR EVENT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY INDOOR EVENT. (1) No more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY INDOOR EVENT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPORARY INDOOR EVENT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY INDOOR EVENT identifying, promoting, advertising, or directing patrons to such TEMPORARY INDOOR EVENT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 24 OF 36 directing patrons to a TEMPORARY INDOOR EVENT where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT upon any property other than that property upon which the TEMPORARY INDOOR EVENT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY UsE. 5. Standards for TEMPORARY SALES UNITS. a. The operation of a TEMPORARY SALES UNIT shall be unlawful without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (6) Written consent of the owner of the property on which the TEMPORARY SALES UNIT is to be located. b. It shall be unlawful to operate or cause the operation of a TEMPORARY SALES UNIT in a residential district. c. For TEMPORARY SALES UNITS that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to exceed sixty (60) days, whether such days are consecutive or not, per property per calendar year. The location of a TEMPORARY SALES UNIT on a site for any portion of a day shall constitute one (1) day for purposes of this section. d. TEMPORARY SALES UNITS may utilize no more than one (1) structure. Such structure shall not exceed seven hundred (700) square feet. It shall be unlawful to utilize more. than one (1) structure in the operation of a TEMPORARY SALES UNIT. It shall be unlawful for any structure utilized in the operation of a TEMPORARY SALES UNIT to be more than seven hundred (700) square feet. It shall be unlawful to utilize any structure in the AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 25 OF 36 operation of a TEMPORARY SALES UNIT without any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. e. A TEMPORARY SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY SALES UNIT. (1) No more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT upon any property other than that property upon which the TEMPORARY SALES UNIT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY UsE. 6. Standards For SPECIAL EVENTS: a. It shall be unlawful for an ORGANIZER of a SPECIAL EVENT, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted a SPECIAL EVENT without the following: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 26 OF 36 (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, inspections, and/or certifications required by Title 10 of the Meridian City Code. (6) Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. (7) Written consent of the owner(s) of any and all property or properties on which the SPECIAL EVENT 1S t0 OCCUT. (8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the SPECIAL EVENT. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. No provision of this section shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any SPECIAL EVENT ORGANIZER, nor exempt any vendor or participant in a SPECIAL EVENT from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where a SPECIAL EVENT includes vendors or participants that would otherwise require City of Meridian licenses or permits to operate as MOBILE SALES UNITS or TEMPORARY SALES UNITS, such vendors and/or participants shall be exempt from such requirement, provided that this exemption shall apply only to vendors and/or participants represented on the site plan(s) or map(s) submitted by the ORGANIZER; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such SPECIAL EVENT in a validly issued City of Meridian Temporary Use Permit. c. SPECIAL EVENTS shall be allowed for a period not to exceed fourteen (14) days within any ninety (90) day period. d. It shall be unlawful for any person to conduct, allow, or organize a SPECIAL EVENT in a residential district, except that: (1) Neighborhood events or block parties shall be permitted in residential districts without a Temporary Use Permit, although a City of Meridian Citizen's Use Permit may be required. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 27 OF 36 (2) SPECIAL EVENTS involving a route, such as races, parades, or marches maybe permitted in residential districts, so long as such SPECIAL EVENTS both start and end in nonresidential districts. e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SPECIAL EVENT. (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than two hundred (200) TEMPORARY SIGNS with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. No more than twelve (12) TEMPORARY SIGNS with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT shall be removed within twenty-four (24) hours of the conclusion or close of such SPECIAL EVENT. 7. Standards for OuTnooR MAxx~T5: a. It shall be unlawful for an ORGANIZER of an OUTDOOR MARKET, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted an OUTDOOR MARKET without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 28 OF 36 (6) Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. (7) Written consent of the owner of the property on which the OUTDOOR MARKET is to be located. (8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the OUTDOOR MARKET. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET in a residential district. c. OUTDOOR MARKETS shall be allowed in any nonresidential district on one (1) day per week. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET on more than one (1) day per week. d. No provision of this section shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any OUTDOOR MARKET ORGANIZER, nor exempt any vendor or participant in an OUTDOOR MARKET from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where an OUTDOOR MARKET includes vendors or participants that would otherwise require City of Meridian licenses or permits to operate as MOBILE SALES UNITS or TEMPORARY SALES UNITS, such vendors and/or participants shall be exempt from such requirement, provided that this exemption shall apply only to vendors and/or participants represented on the site plan(s) or map(s) submitted by the ORGANIZER; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such OUTDOOR MARKET in a validly issued City of Meridian Temporary Use Permit. e. The following provisions shall apply to any and all TEMPORARY SIGNS related to an OUTDOOR MARKET. (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than twenty (20) TEMPORARY SIGNS with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. No more than four (4) TEMPORARY SIGNS with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 29 OF 36 the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY S1G1vs identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET shall be removed within twenty-four (24) hours of the close of such OUTDOOR MARKET. Standards for GARAGE, YARD AND SIMILAR SALES. a. It shall be unlawful for any person to conduct a garage sale at any one (1) address: (1) At which four (4) or more garage sales have been conducted by any person within the preceding three hundred sixty-five (365) days. (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. (3) For longer than three (3) consecutive days. (4) Between the hours of 10:00 p.m. and 6:00 a.m. b. Persons conducting GARAGE SALES shall comply with all provisions and standards of this chapter and any and all applicable provisions of law, except that a City of Meridian Temporary Use Permit shall not be required, and the provisions of Meridian City Code sections 3-4-3(B)(1-6) shall not apply. c. All GARAGE SALES shall be directly associated with a residence on the site of such garage sale. It shall be unlawful for any person to hold a GARAGE SALE on or at any vacant or unoccupied property and/or building, except where facts exist to support the affirmative defense that such person: (1) Is the owner of record of such property and/or building; or (2) Prior to such GARAGE SALE, has obtained written permission of the owner of such property and/or building for the garage sale, which permission shall include the scope of such permission, including specific reference to the date(s), address, and location of the garage sale; and the owner's signature and date. Any person claiming exemption under subsections (a) or (b) of this section shall bear the burden of proving that such exception applies. d. GARAGE SALES held by or for the benefit of charitable or non-profit organizations shall not be exempt from the provisions of this chapter. AUGUST 17, 201 O UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 30 OF 36 e. It shall be unlawful for any person to conduct a garage sale in any manner which creates a hazard to public health or safety. £ The following provisions shall apply to any and all TEMPORARY SIGNS related to a GARAGE SALE. (1) No more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such GARAGE SALE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE identifying, promoting, advertising, or directing patrons to such GARAGE SALE. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall not exceed six (6) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE where the area of such TEMPORARY SIGN exceeds six (6) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE upon any property without the permission of the owner of such property. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY UsE. D. Penalty. A violation of this Chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter occurs and/or continues maybe deemed a separate and distinct violation. E. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 31 OF 36 3-4-4: CITIZEN'S USE PERMIT A. In addition to other applicable provisions of this Title or of other laws, City of Meridian Citizen's Use Permit shall be required prior to the operation or execution of a planned or foreseeable commercial, recreational, or expressive activity, event, or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, or sidewalks; or 2. Takes place, whether entirely or partially on a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or 3. Requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides. 4. A City of Meridian Citizen's Use Permit shall not be required for funeral processions. B. It shall be unlawful to operate or execute, or cause the operation or execution, of an activity, event, or gathering of persons requiring a City of Meridian Citizen's Use Permit: 1. Without a valid City of Meridian Citizen's Use Permit. 2. At any time or upon any date other than that designated in a valid City of Meridian Citizen's Use Permit. 3. At any place other than that designated in a valid City'of Meridian Citizen's Use Permit. C. Application for a City of Meridian Citizen's Use Permit shall be made to the City Clerk, and shall include the following: 1. A completed application form provided by the City Clerk, which form shall include: a. The name, address, and telephone number of the applicant and/or the organization on whose behalf the applicant is applying. b. The date(s) and time(s) at which the activity or event will occur. c. The location(s) at which the activity or event will occur, and/or the route(s) that the activity or event will follow, including street names, numerical blocks, and a map thereof. d. The number of persons, vehicles, floats, animals, and/or other form(s) of presentation, display, conveyance, and/or transport to be included in the activity or event. e. A description of security and safety plans and measures to be implemented at or in the course of such activity and/or event, including, security personnel, barricades, traffic and/or crowd control measures, cones, and/or directional signage. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 32 OF 36 2. Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply where applicant is or represents: a. Anon-profit organization exempt from federal income tax under 26 U.S.C. section 501(c); or b. A governmental entity. 3. Applicant's agreement to indemnify, save and hold harmless, and defend the City and the Ada County Highway District from the expenses of and against any and all suits, actions, claims, and/or losses of every kind, nature, and description, including costs, expenses, and attorney fees that maybe incurred by reason of any act, omission, neglect, or misconduct of applicant or its participants in the use of the location(s) and/or route(s) at or upon which the activity or event will occur. 4. Applicant's certification that damage to the properties, locations, and/or routes at or upon which the activity or event will occur is not foreseeable, and that, if damaged, applicant shall incur the costs of restoring the original condition of such properties, locations, and/or routes. 5. Written approval of the Ada County Highway District of such activity or event, including any proof of insurance that is required by the District. D. Upon receipt of all application materials required by this chapter, the City Clerk shall: 1. Refer such application to the Police Chief, the Fire Chief, and the Mayor for their review and recommendation regarding approval or denial of the application. The Police Chief, the Fire Chief, and the Mayor shall recommend approval of such application absent a finding that the proposed activity or event would be harmful to the public health, safety, or welfare. 2. Submit courtesy copies of the application to the Ada County Sheriff s Office and the Idaho Department of Transportation. E. Upon receipt of the recommendations of the Police Chief, the Fire Chief, and the Mayor, the City Clerk shall either issue a City of Meridian Citizen's Use Permit to the applicant or deny the application. F. Where the City Clerk denies an application for a City of Meridian Citizen's Use Permit, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The City Clerk shall deny an application for a City of Meridian Citizen's Use Permit where: 1. The application is incomplete or required application materials or fees have not been submitted; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. The Police Chief, Fire Chief, or Mayor recommends denial. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 33 of 36 G. All application materials for a City of Meridian Citizen's Use Permit must be received by the City Clerk at least twenty-one (21) calendar days prior to the proposed activity or event. The City Clerk shall issue or deny a City of Meridian Citizen's Use Permit within fourteen (14) days of receipt of a complete application for such license. H. Appeal of the City Clerk's issuance or denial of an application of a City of Meridian Citizen's Use Permit may be made by any person. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at the next regularly scheduled City Council meeting. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision. I. The City of Meridian Citizen's Use Permit shall include, on its face: 1. The name(s) of the permitee; 2. The date(s) and time(s) during which such permit is valid; 3. The location(s) and/or route(s) that the permitee shall be authorized to use under the permit; and 4. Any and all conditions to which the permitee and/or participants shall be required to adhere in the course of planning and/or executing such activity or event. J. The City Clerk may revoke a City of Meridian Citizen's Use Permit where: 1. A term or condition of the license is violated by the permittee or by any employee or person operating or acting under such permit. 2. In the course of the activity or event for which the permit was issued, the permitee or any employee or person operating or acting under such permit violates a provision of this chapter or of any other local, state, or federal law. 3. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the application. Such revocation shall be effective immediately upon mailing by the City Clerk. K. Appeal of the City Clerk's revocation of an application of a City of Meridian Citizen's Use Permit may be made by the permitee. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. The City Council's decision on such appeal shall be a final decision. AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 34 OF 36 L. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of one hundred dollars ($ 100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs maybe deemed a separate and distinct violation. M. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. 3-4-5: SEVERABILITY: If any provision, clause, sentence, or paragraph of this title or the application thereof to any person or circumstance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or section of this chapter, which shall remain in full force and effect, and to this end, the provisions of this title are hereby declared to be severable. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage. PASSED by the City Council of the City of Meridian, Idaho, this ~~ day of August, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this (~ day of August, 2010. APPROVED: ;~T"~ammy eerd ATTEST: ~~ ,~~1 ~ `~''~T~,O~ ~.,~ -. ~o aycee olman = SEAL City Clerk ~ ~~+ "~~ O .~ ,, ~ ~o ,. ~~'~~~ AUNTY ~ ~ ~`~~ AUGUST 17, 201 O UPDATE '~~~ f ~ • ~ ~ ~ " " ~ ~ ~ ~ ~\\\ OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 35 OF 36 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10- ~ 4 53 PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY OUTDOOR SALES AND TEMPORARY USES ORDINANCE An ordinance of the City of Meridian repealing and replacing Title 3, Chapter 4, of the Meridian City Code, relating to outdoor sales and temporary uses: mobile sales units; temporary uses; and citizen's use permits; providing for a savings clause; and providing an effective date. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effec~Xive upon its passage and publication. ,•~~ pF ER~pr~ .~~\` 'L ity of M ian _ ~ - Mayor and City Council = SE~L By: Jaycee Holman, City Clerk ~, First Reading: ~ I ~ ' I t~ ~%,~ O Q'2`\~ Adopted after first reading by sus ension of the ~ql~~~v@c~ut'suant to Idaho Code § 50-902: YES NO ~~'''~~~~,~~~ ~~~~~"`~~ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. lo- I y 5 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 10- I y53 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ~ day of , 2010. ~. William. L.M. Nary City Attorney AUGUST 17, 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 36 of 36