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08-1354 City Code Outdoor Sales & Temporary UsesCITY OF MERIDIAN ORDINANCE NO. DQ ~ I~~ BY THE CITY.COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF TAE CITY OF MERIDIAN REPLACING CHAPTER 4, TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO OUTDOOR SALES AND TEMPORARY USES; PROVIDING FOR DEFINITIONS; REGULATING MOBILE SALES UNITS; REGULATING TEMPORARY USES; PROVIDING FOR A CITIZEN'S USE PERMIT; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, the City Council finds that it is in the best interest of the City of Meridian to accommodate within our commuuty outdoor sales and temporary uses that: 1) complement existing City of Meridian businesses; 2) are safe, attractive, and desirable; 3} add variety to the shopping and/or dining opportunities available to City of Meridian residents; and 4) support and encourage community events and celebrations; WHEREAS, regulation of such outdoor sales and temporary uses is necessary to provide standards by which such sales and events may fit this vision and thereby protect the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses vccunring in our community; WHEREAS, due to the inter-departmental nature of ensuring that City resources are available to manage outdoor sales and temporary uses and the attendant vehicular and pedestrian traffic, structures, signs, and other related components, it is more efficient to provide for regulation of such sales and events in this Title of the Meridian City Code, rather than in Title 11, Chapter 3 of the Meridian Unified Development Code, which shall be amended accordingly in a separate ordinance; WHEREAS, the regulations of mobile sales units as set forth herein are constitutional restrictions on commercial speech because: 1) pursuant to Watchtower Bible and .Tract Society of New York, Inc., v. Village of Stratton, 536 U.S. 150, 164-165 (2002), these regulations address substantial governmental interests, including: deterrence of fraud against Meridian residents by requiring mobile sales units to pravi.de identification and contact information, undergo a background check, and maintain insurance; prevention of crime against Meridian residents by requiring mobile sales units to undergo a background check and fiugerprinting, provide photos, provide a description of vehicles used, and report hours of operation; and protection of Meridian residents' privacy by restricting hours of operation; 2) these regulations directly advance these substantial governmental interests as required by Westerra States Medical Cefxter v, Slzalala, 238 F.3d 1090, 1094 (9th Cir. 2001); and 3) these regulations arena more extensive than necessary to serve such substantial governmental interests, i.e., there is a reasonable fit between these substantial governmental interests and the restrictions, which are narrowly tailored to da so pursuant to Watchtower, 536 U.S. at 168; WHEREAS, the regulations regarding temporary uses as set forth herein are in accordance with available cast law rcgarding the constitutionality of such regulations in that they: 1) do not encompass activities protected by the First Amendment to the United States OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 1 of 36 Constitution, according to the guiding principles set forth in Nationalist Movement v. City of Yorl~ Pa., 48 F.3d 178 (3rd Cir. 2007); 2) do not delegate overly broad licensing discretion to a government official per Forsyth County v. Nationalist Movement, 505 U.S. 123, 130 (1992)); and 3) do not requixe the organizer to pay fees or costs that would have a chilling effect on speech (Id.); WHEREAS, the regulations regarding Citizen's Use Permits as set forth herein codify the practice of requiring a City of Meridian Citizen's Use Permit for lazge-scale use of vehicular and pedestrian rights-of--way that has been followed informally for several years in order to facilitate inter-governmental cooperation in ensuring that such use is undertaken in a tixxte, place, and manner that protects the health, safety, and welfare of the public, including supporting the efficient and safe flow of vehicular and pedestrian traffic on public rights-of-way during such use; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 4, of Title 3 of the Meridian City Code shall be repealed. SECTION 2: That a new chapter, Chapter 4, of Title 3, of the Meridian City Code shall be enacted to read as follows: CHAPTER 4 OUTDOOR SALES AND TEMPORARY USES 3-~1-1: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 goads offered far 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, nurrmage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition OUTDOOR SALES AND TEMPOFARY USES ORDINANCE -Page 2 of 3d shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conforrnity 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, ar displayed far 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 defmition shall not include fireworks. D. MOBILE SALES UNIT: 1. A traveIin.g, and/or door-to-door caxnmercial or retail establishment, enterprise, facility, and/or any agent or representative thereof, from which or whom, at which. or wham, 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; yr delivered pursuant to such sale, trade, or giveaway; and which or whom: a. Does not remain within any 300-squaze-foot area for more than two (2) consecutive hours within any twenty-four-hour (24-hour) period; and b. Ys 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 other form of offering, displaying, or storing goads and/or services. 3 _ This definition. shall not include FIRS"Y' 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 ar 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. 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 far 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 ar persons for the purpose of selling, trading, ar offering, of one (1) or more items of produce, food items, arts, crafts, new or used tangible personal pxoperty; 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, amts, crafts, new or used ta~~giUle personal property. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 3 of 36 This definition shall include outdoor farmer's markets, outdoor flea mazkets, and outdoor arts, crafts, and/or hobby mazkets. This definition shall not include Fr1tsT AMENDMENT ACTIVITY on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant o£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-aix commercial or retail facility from or at which goods and/or services are sold, traded, offered far sale or trade, or displayed for the purpose of sale, trade, ar 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 an the premises af, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor. A I~RQMOTIONAL 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, ar storing goods and/or services. I. PROPERTY: Any tract of contiguous land held in single ownership. J. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods, or services or that is offered or undertaken free o£ charge. This deflrutian shall also include work ar labor that is to be offered, sold, or undertaken at another ti7cne or location, or that serves 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 ar 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 Gity normally provideG; nr (3) On or in any azea 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; OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 4 of 3fi 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 actlVlty, 1nCludlrig 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. b'uneral processions; or d. Programmed activities provided ar rr~anaged 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 xnadel home is located. Where a dwelling iS bath a SUBDIVISION MODEL HOME axed a SUBDIVISION REAL ESTATE SAI,BS QFFT.CE, the definition of SUBDIVISION MpDEI.. HOME shall apply. M. SUBI]IVISION REAL ESTATE SALES AFFICE: 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 sUBDIVISIaN MoD~L HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL xoME shall apply. N. TEMPORARY SALES UNIT: An outdoor ar open-air commercial or retail establishment, enterprise, or facility from or at which goads 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 30Q-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 UNTT may consist of any tangible structure, i.ncludi,n.g, 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: ].. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a TEMPORARY USE; and OUTDOOR SALES AND TEMPORARY USES ORDINANCE - Page S of 35 2. Is not permanently mounted or secured, This definition shall be limited. in its application to TT3M1'OTtARY SIGNS regarding TEMPORARY USES as defined in and regulated by this chapter, and shall not apply to signs defined in anal regulated by other provisions of City Code, including, but not limited to, temporary and/or permanent signs regulated by the Meridian Unified Development Code. 1'. 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 ta, the sale, trade, offer, delivery, or display of goods or services, where such use is not the approved cozaditional 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, SUBDTVTSIQN MODEL HOMES, SuT3DIVISTON REAL ESTATE SALES OFT~ICES, PTtOTvIO'T'TONAL 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 TEMPQRARY 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 EvirNT or OurnooTi MAxTC~m. 3-4-2: MOBILE SALES UNITS: A. License and/or permit requirements. It shall be unlawful far any person to operate, allow the operation of, or act as a MOT3ILE SALES UNIT without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications xequired by local, state ax federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. A:ny and all applicable licenses, permits, inspections, and/or certifications frorn 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 ofMeridian 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: OUTDOOR SALES AND TEMPORARY USES ORDINANCE - Page b of 3b (a) The name, address, driver's license number, and social security number of the applicant, and/or, if the applicant is an partnership, company, or corporation, the names, addresses, driver's license numbers, and social security numbers of the partners or officers. Addresses required by this section shall include both local and corporate addresses, as well as both physical and mailing addresses. {b) The names, addresses, driver's license numbers, and social security numbers of all employees and/or persons who will be operating or acting as a MoI3It,>3 SALES UNIT within the City under the Mobile Sales Unit License. Addresses required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (c) 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. (d) 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. (e) A description of any and all motor vehicles to be used by the Nlo.$ILE SALES UNIT, including license plate state and number, make, anode]., color, and other means of identification of such vehicle(s). (fl A description of the hours, locations, and means at and by which the M013ILE SALES UNIT will operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries. (g} A comprehensive listing of any infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant, any partner, officer, and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNIT within the City. {h) An agent upon whom service of process maybe made in the State of Idaho. (2) Application fee as set forth in fee schedule. The city council shall have the authority to waive in whole or in part the application fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall state the reasons for such request, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 7 of 3d at a City Council meeting within thirty (30) days. The City Council's decision on such request shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Adiniiiistrative Procedures Act. (3) Two (2) photographs of the applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNtT within the City. Such photographs shall be two inches by two inches and shall. show the head and shoulders of the applicant andlar employee or person in a clear and distinguishable rnanncr. (4) Fingerprints, taken by the Idaho State Police, of the applicant and/or any employees and/or persons who will be operating or acting as a MOBTI.,E SALES UNIT within the City. (5) 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 persons who will be operating or acting as a MaBtLE SALES UNIT within the City from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the permit. 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 $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 Folice, who shall cause an investigation to determine the validity and completeness of the information thezein. 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. forty-two {42) 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: OUTDOOR SALES AND TEMPORARY USES QRDINANCE --Page $ of 36 (1) The application is incomplete ar 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 and/or any employee and/or person to operate or act under the City of Meridian Mobile Sales Unit License has been convicted of any misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; theft, fraud, deception, or illegal sales of any goods or services; (4) The applicant and/or any employees and/or persons who will be operating or acting as a Mobile Sales Unit within the City under the City of Meridian Mobile Sales Unit License has been convicted of any felony or of any violation of this section; or (5} The applicant and/or any employees and/or persons who will be operating or acting as a MOF3ILE SAI..ES UNIT within the City under the City of Meridian Mobile Sales Unit License is 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 nnay be made by an.y 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 ar'in person.. 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 Gouncil.'s decision on such appeal shall be a final decision, and maybe appealed to District Gourt according to the provisions of the Idaho Administrative Procedures Act. f. Upon approval of an application for a Mobile Sales Unit License, the applicant/licensee shall remit to the City Clerk a license fee. Upon receipt of the license fee, the City Clerk shall issue the City of Meridian Mobile Sales Unit License. The license fee shall be established as set forth in the fee schedule. The city council shall have the authority to waive in whole or in part the license fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall. be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such request. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (3D) days. The,City Council's decision on such request shall be a fmal decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. QUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 9 of 36 g. The City of Meridian Mobile Sales Unit License shall include, on its face: (1) The name(s) of the licensee and any employees and/or persons licensed to operate oz' act as a MoBTLB 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; (3) The hours, locations, and means at and by which the Mo.srLa SATES 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. h. A City of Meridian Mobile Sales Unit License shall not be required for: (1) FIRST ATvIENDMENT 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 xnay be 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 may be revoked by such occupant or owner by explicit communication only, and shall be effective immediately, whether conveyed orally ar 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 ar of goods or services in support of a school program. i. The City Clerk may revoke a Mobile Sales Unit License where: (1) A term or condition of the license is violated by the licensee or by any employee or person operating or acting under such license. (2) In the course of operating or acting as a MD$ILE SALES UNIT, the licensee or any employee or person operating ar acting under such license violates a provision of this Chapter or of any other local, state, ar federal law. (3) It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, ar incomplete information on the application. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 10 of36 (4) The licensee or any employee or person operating or acting under such liccnsc is convictcd of airy misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; or theft, fraud, deception, or illegal sales of any goods or services. (S) The licensee or any employee or person operating or acting under such license is convicted of any felony. (6} The licensce or any employee ar person operating or acting under such license 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. j. Appeal of the City Clerk's revocation of an application of a Mobile Sales Unit License tray be made by th.e 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. 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, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. S. Time of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT 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 UNIT upon a date that is outside tlae 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 UNIT or allow such operation or activity 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 made 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. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 11 of 36 3. It shall be unlawful for any person to operate or act as a Mo131LE SALES UNIT or allow such operation or activity in any area of the City or in any manner prohibited by the Meridiaui Unified Development Code. 4. It shall be unlawful for any person to operate or act as a MOBt1.~ 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, allow the operation of, or act as a MOBILE SALES UNIT if any required license, permit, and/or certification required for such operation ar activity is expired or is not valid and current for any reason. 2. If the MOBILE SALES UNIT 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 oia. such. vehicle or other made 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 and/or employee'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 MOBLLl; SALES UNIT 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 UNIT or allowing such operation or activity 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 UrnT 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 auy person operating or acting as a MOBILE SAGES 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 UNIT. OUTDOOR SALES AND TEMPORARY USES ORDINANCE - Pagc 12 of 3G 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 irraprisanrnent as established by Xdaho Code_ 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 anal 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 3-4-3: TEMPORARY USES: A. License and/or permit requirements. It shall be unlawful for any person to establish, operate, allow th.e operation. or establishrnent of, or act as any T,EIvrPO1tARY 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, perrrxits, and/or certifications required by Title 10 of the Meridian City Cade. 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. A City of Meridian Citizen's Use Permit, where applicable. 6. A City of Meridian Temporary Use Pernnit, 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: FLRS'r ANI~rrUN1ENT AcrivlTY on public or private property; any sale, trade, gift, offer, or. display required by court order or by law; G.4xAGE SALIES; ar 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: OUTDOOR SALES AND TEMPORARY USES ORDINANCE--Page 13 of 36 (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 suclr 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. (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) and/or map{s), including, but not limited to, placement of structures, displays, goods, vendors, scheduled events, restrooms, first aid stations, drinking water SoureeS, gazbage receptacles, and/or TEMPORARY SIGNS. Where material changes are made to such site plan prior to ar upon set-up of the event, an updated site plan shall be submitted to the City. The Planning Director or designee shall review and approve such site plan(s) and/or map(s) prior to issuance of the Temporary Use Permit. {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) Pernnission 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. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 14 of 36 (11) A description ofthe plan for the management and/or control ofpersons and/or crowds at the site(s) of such TEMPOR.a.RY 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 ax available to such 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 methods} by which information will be relayed to persons and crowds at the site(s) of such T~tPORARY 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 S1GNS, garbage, litter, and hazardous materials. (13) An agent upon whom service of process may be made in the State of Idaho. (l4) Applica#ion fee as set forth in fee schedule. The city council shall have the authority to waive in whole or in part the application fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall state the reasons for such request, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision on such request shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. b. Upon receipt of all application materials required by this section, the City Clerk ar designee shall determine, and shall endorse upon the application findings and determinations regarding: (l) The validity and completeness of the information therein; (2) Whether the proposed TEMPORARY UsE may be 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. c. 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 OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 15 of 36 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; (2) Investigation of such application or application materials reveals that provided information is invalid, falsc, or incacnplete; (3) The proposed TE~OtuRY UsR will not he 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 Us.E .is proposcd to occur. e. The City Clerk or designee shall issue ar deny Temporary Use Permit within fifteen (15) working days ofreceipt of a complete application for such license. f. Appeal of the City Clerk's issuance or denial of an application for a Temporary Use Permit may be made by any person. Such appeal shall be made in writing, shall state the reasorrs 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, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. g. The City of Meridian Temporary Use Permit shall include, on its face: (1} The name(s) of the pennitee and any employees and/or persons permitted to operate or carry on a TfiMPQRARY 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 dcscription of the structure(s) that may be erected under such perniit; (4) A description of the caretaker unit that maybe utilized for the purposes of security acrd maintenance of the site, if any; {5) A description of the permitted dimensions, quantity, and locations of any and all TEMPDRARY SIGNS that maybe installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, oz directing patrons to the permitted TEMPORARY USE; and OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 16 of 36 (6) Any aad 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. h. In addition to any and all other applicable civil or criminal penalties, the City Clerk xnay 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 USB, 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. 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 Pernvt application. Such revocation shall be effective immediately upon mailing by the City Clerk. i. Appeal of the City Clerk's revocation of an application of a Temporazy Use Permit maybe 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, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. B. Standards for All TEMPORARY Usrs. 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 U5E 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 ar fail to corr~ply with any term, condition, or standard set forth in such City of Meridian. Temporary Use Permit. OUTDOOR SALES AND TEMPORARY USES ORDINANCE ~- Page 17 of 3d 3. Time of use. It shall be unlawful to operate or to allow or cause the operation ar occurrence of a TEMPORARY UsE requiring a City of Meridian Temporary Use Permit at any time or upon any datc other tha~x ltxat 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. 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. G. Surface. In operating or allowing the operation or occurrence of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY UsE, it shall be unlawful to operate or allow the operation of motorized vehicles upon a~iy surface other than concrete, asphalt, grasscrete, pavers, bricks, and/or macadam. 7. Vision trlaugle. 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 ar not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to interfere with the clear vision triangle. S. 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 o.f any TEMPORARY USE, whether or not a City of Meridian T'eznporary 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. DUTDO~R SALES AND TEMPQRA.RY USES ORDINANCE -Page 18 of 3G 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. 11. Caretaker unit. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USB, 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 cazetaker unit for purposes other than site security ar 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. I2. Parking and access. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE to fail to provide adequate off street parking to serve such TEMPORARY USE. In the operation of any TEMPORARY USE, whether ar not a City of Meridian Temporary Use Permit is required for such TEMPORAlt7f' USE: a. The TEMPOI.2ARY USE shall not displace the required off street parking spaces or loading areas of the principal permitted uses on the site, except where street closure is approved pursuant to avalidly-issued City of Meridian Citizen's Use Permit. b. The entrance and exit drives shall be designed to prevent traffic hazazds and nuisances. c. All surfaces used for parking shall be constructed with concrete, asphalt, grasscrete, pavers, bricks, macadam, and/or or vegetative cover. Recycled asphalt may be used 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. 13. Noise. It s1xall be unlawful far awry person. operatuig 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 #o ad}oining properties. Tt 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 (1QQ') of a residential district. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 19 of 36 14. Site conditions. It shall be unlawful for any person operating or causing or allowing the operation of any Ti~MPOx.AItY USE to operate or conduct such TEMPpRARY 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 ar causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required fvr such TEMPORARY UsE, to fail tp remove waste from any TEMPORARY USB site. 15. 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 TEMPOR.a,RY 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 Tl~M1~ORARY 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 pfspecific TEIv1P0ItA1tYUsES shall also apply. 1. Standards for SvnnlvisloN MoTaEL HoNIES. a. Where a Structure is both a SUBDIVISION MODEL HOME and a Sr]I3DIVI5ION REAL ESTATE SALES OFFICE, such structure shall be subject to t11e standards for a S'CJBD.IVISION 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 operation of a SUBDIVISION MODHI, HOME at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings ofwhich such SusDIViSION MODEL HOME serves as an exhibit or exaxnple_ 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 SUBDIVISTON MODEL HoML 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 Su~DIVisION MODEL HOME, such unit shall meet any and all applicable standards for commercial accupancy and shall obtain any and alI 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. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 20 of 36 d. The principal use of the SUBDIVISION MODEL HOME shall be as an exhibit or example of lots and/or dwellings within the subdivision or planned unit development in which the SUnDMSION MODEL HOME is located. It shall be unlawful for any person to use or allow the use of a SuEOIVIS1oN MODEL HOME as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A SuBblvrslaN MODEL HOME maybe operated only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where no lots ornewly-constructed dwellings are for sale or rent within the subdivision in which the SvBDMSION MODEL HOME. is located. f The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDNISION MQDEL HOME. (1) No mote than one (1) TEMPORARY SIGN per orie (1) SUBDIVISION MQDEL HOME shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDIVISION MoD$I, HOML'. It shall be unlawful for any person to install, erect, post, ar display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDiViSIONMODELHOME identifying, promoting, advertising, or directing patrons to such SUBDNISION MODEL HOME. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, ar directing patrons to a StrsDIVISION 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 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, pramotirlg, 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 SU[3A[VIS101V REAL ESTATE SALES OFFICES. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 21 of 36 a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standazds for a SUBDIVISION MODEL HOME. b. The Operation of a SUBDIVISION REAL ESTATE SALES OFFICE without the fO110wing valid and current licenses, perlrrits, and/or certifications shall be unlawful: (1) A City of Meridian. Temporary Use Permit. (2) Any atzd all licenses, pexxnits, 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 $UBDIVISION 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 oz lots which is/are not within the subdivision containing the lots and/or dwellings being sold froze Such SUBDIVISION REAL ESTATE SALES OFFICI~. d. The principal use ofthe 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 a#~f ce. 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 SUBDIVISION REAL ESTATE SALES OFFICE iS located. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where n4 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. t. 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 meet all applicable StaridardS fOr COmmeTCial 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 OFFiCIr shall be installed, erected, posted, yr displayed for the purpose of identifying, promoting, advertising, ar directing patrons to such SUBDIVISION OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 22 of 36 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) T.EMZsoRARY $I~N per one (1) SUBDIVISION REAL ESTATE SALES OFFICE identifying, promoting, advertising, ar 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 StrEnlvls.IOrr REAL ESTATE SALES OFFICE where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful far any person to install, erect, .post, or display or to allow or cause the installation, erection, posting, or display of any TEMYOIL4KY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL. ESTATE SALES OFFICE upon ar-y 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 TEMPVxAxY 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 lay Title 10 of the Meridian City Code. 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 an 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 OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 23 of 3d 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 PROMO'I ioNAI. SALES UNIT is located. d. Sales by a PROMOTIONAL SALES UMT 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 fallowing 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) PRQMQTIpNAL SALES UNIT shall be installed, erected, posted, ar 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, erectionx, posting, ar 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 exceedthirty-two (32) square feet. It shall be unlawful for any person to install, erect, post, or display ox 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 far any person to install, erect, past, 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 UMT 1S 1CCated. (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. 4. 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. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 24 of 36 (2) A Gity 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 certif cations from the ldaha Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian Gity 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 calendaz year. The location of a TEMPORARY SALES UNIT on a site for any portion of a day shall constitute one (l) day for purposes of this section. d. TEMPORARY SALES UNITS may utilize no mere than one (l) 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 SALE5 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 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 ar at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada Caunty Highway District or ether 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, pasting, or display of more than two (2) TEMPORARY SIGNS par one (I) TEMPORARY SALES UNiT identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. QUTDODR SALES AND TEMPORARY USES ORDINANCE --Page 25 of 36 (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. 5. 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 tv be advertised or promoted a SPECIAL EVENT without the followirrg: (1) A City of Meridian Temporary Use Permit. (2) A Gity of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certif cations from the Central District Ilcalth Department. (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 is to occur. ~i1TDOOR SALES AND TEMPORARY USES ORDINANCE -Page 26 of 36 (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 $SOD,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 SPECIAT. EVENTS ORGANIZER, nor exempt arty 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 ixzcludes MOEILE SALES UNITS, such MOBILE SALES UNITS shall be exempt from. the rcquircment to obtain City of Meridian Mobile Sales Unit License, provided that this exemption shall apply only to such MOBILE SALES Uzv-[TS represented on the site plan(s) or map(s) submitted by the ORGANTZLI2 in application for a validly issued City of Meridian Temporary Use Permit; and fizrther provided that such exemption shall apply only far the time, at the place, and in the manner specified for such SPECIAL EVENT in a validly issued City ofMeridian Temporary Use Permit. c. SPECLaL 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 residen#ial districts without a Temporary Use Permit, although a City of Meridian Citizen's Use Permit may be required. (2) A SPECIAL EVENT 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. (3} A SPECIAL EVENT may ba conducted, allowed, or orgaiuzed iix a park located ui a residential district, provided that this section shall not exempt any such SPECIAL EVENT from compliance with all other applicable provisions of this chapter. e. The following provisions shall apply to any and all TEMPOR.,4RY SIGNS related to a SPECIAL EVENT. (1) It shall be unlawful for any person to install, erect, post, ar display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN ar OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 27 of 36 TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than two hundred (200) TEMPQItARY SIGNS with an arcs 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) squaze 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 ar to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SPECIAL EvT;NT 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 Se.EC.wL EV.BNT. 6. Standards for OUTDOOR MARKETS: 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 OUTDOORMARKETwithout the following valid and current licenses, permits, and/or certifications: (1) A Gity 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 t}~.e Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from. the Idaho Tax Comrnission. (5) Any and all licenses, permits, 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 Gity Gade and/or the policies of the Meridian Paxks and Recreation Department. (7) Written consent of the owner of the property on which the OUTDOOR MARKET is to be located. OUTDOOR SALES AND TEMPORARY USES ORDINANCE - I'agc 28 of 36 (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, except that an OUTI700R MARKET may be conducted, allowed, or organized in a park located in a residential district, provided that this section shall not exempt any such OUTDOOR MARKET from compliance with all other applicable provisions of this chapter. c. OUTDOOR MARICETS maybe allowed in any .nonresidential district or park on on.e (1) day per week. It shall be unlawfitl for any person to conduct, allow, or organize an OUTDOOR MARKET on more than one (1) day per week. d. The following provisions shall apply to any and al.l TEMPORARY SIGNS .related to an OUTDOOR MARKET. {1) It shall be unlawful for any person to install, erect, pest, 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, pasted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. No mere than four {4) 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 tv an OUTDOOR MARKET. (2) It shall be unlawful far any person to install., erect, post, or display or to allow or cause the installation, erection, posting, yr 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 SIGNS 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. 7. 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: OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 29 of 3d (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 of this chapter and any and all. applicable provisions of law. 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 inchide 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 sa,.LES held by or for the benefit of charitable or non-profit organizations shall not be exempt from the provisions of this chapter. 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. g. The following provisions shall apply to any and all TEMPORARY SIGNS related to a GARAGE SALE. (1) No mare 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. GnRACE SAi,&. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection., posting, ar display of more than four (4) TEtvz~oxARY SIGNS per one (1) GARAGE SALE identifying, promoting, advertising, or directing patrons to such GARAGE SALE. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 30 of 36 (2} The area of any TEivIPORARY 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. Xt 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 TENrnottP,ltY SIGN exceeds six {6} square feet. (3} It shall be unlawful fvr 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, tire, 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 ar 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_ 3-4-4: 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 th.e operation or execution of a planned or foreseeable commercial, recreational, or expressive activity, event, or gathering of persons which: l . 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 lvcatcd within the City and will likely result in some or total obstruction of such streets or sidewalks; or OUTDOOR SALES .AND TEMPORARY USES ORDINANCE -Page 31 of 36 3. Requires for its successful execution the provision and coordination of City services to a degree over and above that which the City nvimally provides. 4. A City of Meridian Citizen's Use Permit shall not be required far 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 desi~tated 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 fallowing: 1. A completed application form provided by the Gity 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 dates} 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, anal 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 itz the course of such activity and/or event, including, security personnel, barricades, traffic and/or crowd control. measures, cones, and/or directional signage. 2. License fee per fee schedule, which fee shall be summarily waived by City CuuFU:il upon a showing by applicant that applicant is or represents: a. Anon-profit organization exempt from federal income tax under 26 U.S.C. §§ 501(c)(3), SOI(c)(6) or b. A governmental entity. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 32 of 36 Further, the city council may waive in whole or in part the license fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and. shall state the reasons for such request. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision on such request shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. 3. 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 permit. Such insurance shall name the City and the Ada County Highway District 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 $100,000.00 per occurrence property damage. 4. 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 evexy 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. S. 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. 6. Written approval of the Ada County Highway District of such activity or event. D. Upon receipt of all application materials required by this chapter, the City Clerlc shall: 1. Refer such application to the Police Chief, the Fire Chief, and the Mayor for their review and recommendation regarding approval ar denial ofthe application. The Police Cluef, 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. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 33 of 36 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 Cleric 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 i.nfarmation is invalid, false, az incoxplete; 3. The Police Chief, Fire Chief, or Mayor recommends denial. 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 {1~) 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, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. I. The City of Meridian Citizen's Use Permit shall include, on .its face: 1. The name(s) of th.e permitee; 2. The date{s) and time(s) during which such permit is valid; 3. The location(s) and/or route{s) that the permttee 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. 7. 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 permitter or by any employee or person operating or acting under such permit. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 34 of 36 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, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. L. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of one hundred dollazs ($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 may be 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 tho real property at ox 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 thereofto any person or circumstance shall beheld 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 3, That all ordinances, resolutions, orders, ar parts thereof or in conflict with this ordinance are hereby voided. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 3S of 3d PASSED b the Ci Council of the Ci of Meridian Ydaho this ~~ ~ of Y t3` tY ~ ~ Y ,zoos. APPROVED by the Mayor of the City of Meridian, Xdaho, this ~ day of 2008. APPROVED: ~~~~ G~'~~t ~II~,,,I~AYOR ATTEST: ,~~`\,~~~~~``~ ~~~r`~~f`'+rl~~ ~. ~~ ~ .~_ ,~'~Q~'~ S~l~L T LERK s~ ~,~',,',,~~~~Jll 61111~~` ,```~~w fll1111 OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 36 of 36