Williams Municipal Code Ch. 12.09 Sidewalks—sale and Display of Goods

It is unlawful for any person, firm, corporation, transient merchant, church, club, charitable institution, hawker or peddler to vend, sell, dispose, display or store, or offer to vend or sell any goods, wares, merchandise, produce or vegetables on any public sidewalk, street, alley, park, or anywhere within the city, without having first obtained a license from the city clerk for that purpose, and having paid the required license fee as provided by this chapter.

(Ord. 15-85 (part), 1985).

The provisions of Section 12.09.010 shall not apply to the following:

A. Goods in Transit. Goods, wares, merchandise or containers may be allowed on the outer one third of the sidewalk for up to one hour while in the actual course of receipt, delivery or removal;

B. Construction Materials and Barricades. Materials used in the construction or repair of any building or structure, together with necessary pedestrian walkways, barricades and warning signs, when permission has been obtained from the proper city departments;

C. Poles, Hydrants, Signs, etc. Poles, fire and police boxes, lamp posts, parking, street, directional or warning signs, parking meters, drinking fountains, hydrants, flag poles or standards, decorations for public events, sidewalk clocks, barber poles, refuse cans, book-return receptacles, barriers and any other similar installation; provided, however, that any such installation belongs to the city of Williams or is authorized by ordinance or resolution of the city;

D. Bicycle Racks. Bicycle racks of a type and at locations approved by and under such conditions as may be imposed by the police department;

E. Benches. Benches which are placed on the sidewalk area for the convenience of persons waiting for public transportation, provided such benches do not interfere with the normal use of the sidewalks by pedestrians;

F. Mailboxes. Mailboxes that are placed in such locations that they do not interfere with the normal use of the sidewalk by pedestrians;

G. Newspaper Racks and Newspapers. Newspapers and newspaper racks, of a type and at locations approved by and under such conditions as may be imposed by the police department;

H. Trees and Other Beautification Projects. Trees and other plants, so long as they do not interfere with pedestrian traffic on the sidewalk or vehicle and bicycle traffic in the street, and other street and sidewalk beautification projects which are approved by the city;

I. One-day Activities. Sales or displays of goods, wares, merchandise, produce or vegetables on any public sidewalk which do not last longer than one day, except that this exception does not apply if the sale or display unreasonably interferes with pedestrian traffic on the sidewalk. No person, business, or family can display or sell on a public sidewalk pursuant to this exception more than once per month.

(Ord. 15-85 (part), 1985).

Application for license to vend, sell, or display merchandise, goods, wares, produce or vegetables shall be made in writing to the city clerk. The applications shall contain:

A. The name of the applicant, if an individual; the names of partners, if a co-partnership; or the names of the principal officers, if a corporation, church, club or charitable institution;

B. The nature and amount of the merchandise, goods, wares, produce or vegetables to be sold or displayed; and

C. The location of the place or places where such merchandise, goods, wares, produce or vegetables, are to be so displayed and sold.

(Ord. 15-85 (part), 1985).

Licenses shall be issued by the city clerk if the proposed sale or display is consistent with this chapter and if the applicant pays the required fee. The license fee to be charged for such application shall be set by resolution by the city council from time to time. No license shall be valid for more than two days, unless otherwise specified in the license. The license issued under this chapter shall be called a "sidewalk display and sale license," and shall state the place and nature of goods to be displayed or sold and the duration of the license. A license may be issued for up to one year if, in the city clerk's (or police chief's) discretion, he or she determines that the sale or display will not be objectionable to the general public and will not constitute a nuisance.

(Ord. 15-85 (part), 1985).

No street, alley, public sidewalk or other public way shall be blocked by goods or merchandise displayed or offered for sale pursuant to a license received from the city in accordance with this chapter. A three-foot passageway shall be left open, and merchandise and goods shall be securely and adequately placed so that it will not endanger pedestrians or fall or extrude into any street or alley. A sale or display shall not be operated in any manner which would constitute a nuisance, or create a tire hazard.

(Ord. 15-85 (part), 1985).

The chief of police shall make or cause to be made sufficient inspections to insure the compliance with the provisions of the city ordinances by the personnel conducting such sales.

(Ord. 15-85 (part), 1985).

Any person, firm, corporation, transient merchant, church, club, charitable institution, hawker or peddler violating any provision of this chapter shall be fined not less than five dollars nor more than five hundred dollars for each infraction; and a separate infraction shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. 15-85 (part), 1985).