Shafter Municipal Code Ch. 5.48 Transient Outdoor Businesses

This council finds that the proliferation of transient outdoor businesses, typically on corner lots at major street intersections and lots on major streets, has resulted in: (1) increased traffic congestion and traffic hazards in the vicinities of such businesses, (2) increased dust and fire danger when such businesses are conducted on unsurfaced or poorly surfaced lots, and (3) incompatible land uses when considered in the context of adjacent properties. The purpose of this chapter is to prohibit transient outdoor businesses, as defined in Section 5.48.020, in furtherance of the public health, safety and welfare and in reducing or eliminating the problems presented by the operation of such business.

(Ord. 600 § 2 (part), 2007)

For the purposes of this chapter, "transient outdoor business" means any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling goods, wares and/or merchandise within the city and who, in furtherance of such purpose, hires, leases, uses or occupies any property within the city. Transient outdoor business does not include any business occupying a structure upon a permanent foundation constructed in accordance with the requirements of Title 15 of this code, any farmers market certified by the Kern County agricultural commissioner, any seller of Christmas trees, fireworks, or pumpkins, or any business permitted under Title 5 of the municipal code, or any occasional sales of beverages or foodstuffs by persons under the age of fifteen years adjacent to the residence of a person involved in such sales. For the purposes hereof, a "temporary business" is any business conducted functionally entirely independent from the structure with such permanent foundation.

(Ord. 600 § 2 (part), 2007)

All transient outdoor businesses are prohibited, except for those activities exempted under Section 5.48.060.

(Ord. 600 § 2 (part), 2007)

Except as expressly permitted by and in accordance with other provisions of this code, the sale, offer to sell, advertising or display of merchandise on any street or sidewalk in the city is prohibited.

(Ord. 600 § 2 (part), 2007)

No person under this chapter, nor anyone in his/her behalf, shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks, or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places for the purpose of attracting attention to any exempted activity under Section 5.48.060.

(Ord. 600 § 2 (part), 2007)

Fund raising activities by schools and by charitable, fraternal, civic and social institutions are exempt from the regulations of this chapter; provided, that the place or places, if any, from which the activity or business is conducted satisfies all other applicable provisions of this code.

(Ord. 600 § 2 (part), 2007)