Exeter Municipal Code Ch. 12.12 Display of Merchandise on Sidewalks

Footnotes:

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State Law reference— Provisions authorizing cities to prevent encroachment and obstruction of city streets and sidewalks, Gov. Code §38775.

No person, association, corporation, or employee or agent thereof shall place on a public sidewalk, or above a public sidewalk any merchandise or containers or racks or other objects used in the display of merchandise without first obtaining a permit therefor from the city.

(Ord. 284 §1, 1972)

The permit may be granted by the city after:

A. An investigation shows that the display does not seriously interfere with pedestrian traffic;

B. The applicant for permit furnishes the city with a certificate from an acceptable insurance company to the effect that said use on the sidewalk is covered by a liability policy naming the city as the insured or coinsured up to the sum of twenty-five thousand dollars, and that the policy cannot be cancelled or materially changed without the giving by the insurance company to the city a written thirty-day notice;

C. An investigation satisfies the city that no dirt, water, oil, or other material will fall from or drip from the merchandise or containers or racks or other objects used in the display of the merchandise onto the sidewalk.

(Ord. 284 §2, 1972)

The city may suspend or revoke the permit in the event that such display proves to unduly interfere with pedestrian traffic on the sidewalk, or results in dirt, water, or other material falling onto the sidewalk.

(Ord. 284 §3, 1972)

Every person, association, or corporation who violates any of the provisions of this chapter is guilty of a misdemeanor. Upon conviction thereof, he shall be punishable by a fine not to exceed fifty dollars, or by imprisonment in the city jail or the county jail for a period not to exceed five days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this chapter occurs or continues, constitutes a separate offense and upon conviction thereof shall be punishable as provided in this chapter.

(Ord. 284 §4, 1972)