HomeMy WebLinkAbout05186 r / /6 (?-&
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ORDINANCE NO 5186
AN ORDINANCE RELATING TO THE REGULATION OF VENDING
ON PUBLIC RIGHTS OF WAY AND AMENDING SECTION 9 -10 -83
OF THE 1971 CODE OF ORDINANCES AND IMPOSING PENALTIES
FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
(Brackets indicate material being deleted, underscoring indicates material
being added )
SECTION 1
Section 9 -10 -83 of Title IX of the 1971 Code of Ordinances of
the City of Pueblo, Colorado, as amended, is hereby amended to read as
follows
"[9 -10 -83 STREET SALES PROHIBITED, EXCEPTIONS
It shall be unlawful for any person to place or assist in
placing or cause to be placed upon any street, alley or sidewalk
any stand, box, wagon, cart or other vehicle or thing of any kind
or description for the purpose of selling or distributing there-
from any fruit, goods, wares, merchandise or any other article
of any kind or description, without the consent of the City Council
or an authorized City Official being first had and obtained and
no consent shall authorize the obstruction of more than one -half
the width of any street ]
9 -10 -83 STREET AND SIDEWALK SALES
(a) It shall be unlawful and a municipal offense for any
person to sell or purchase, or offer to sell or purchase, or dis-
play for sale or purchase any food, fruit, goods, wares, merchandise,
personal services or any other article of any kind or description
upon any street, alley, sidewalk or other public right of way
without having first obtained a permit therefore in accordance
with this section
(b) Application for a permit to conduct such a sale shall
be made to the City License Officer not later than 10 days prior
to the commencement of any such sale or display An application
for a permit shall be made on forms supplied by the City License
Officer and shall contain
(1) The applicant's name, address and phone number,
and
(2) The location of the sale or display, and
(3) A general description of the articles to be sold,
and
(4) The date or dates on which the sale or display
will be conducted, and
(5) A nonrefundable application fee in such amount
as the Council may from time to time establish by Resolution
(c)The City License Officer may issue the permit to conduct
such a sale or display if and only if he finds that
(1) The application is complete and any application
fee paid, and
(2) The proposed sale or display location is zoned
for business and the particular type of sale or display con-
templated, and
(3) The applicant is in compliance_with the requirements
of subsection (d) of this section and all City sales and use tax
ordinances and regulations, and
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(4) The proposed sale or display will not obstruct
or interfere with the free, safe and orderly movement of
vehicular and •edestrian traffic, and will not hinder or
impede access required for emergency vehicles or buses
(d) Any sale or display conducted pursuant to a permit
issued under this section shall comply with the following re-
quirements
(1) An applicant or related person may conduct not
more than 2 such sales or displays each calendar year As
used herein, the term "related person" means any individual,
partnership, firm, association, corporation or other legal
entity or any agent or servant thereof, which has any pecuniary
interest whatsoever in the business of applicant or in the
sale or display or in the goods, stock or articles of any
Berson to whom a •ermit has been issued under this section
(2) Such sale or display may occur only during the
hours between 8 00 a m and 8 00 p m During any hours of
darkness, the applicant shall provide sufficient illumination
so as to prevent any safety hazard to persons and property
3) No sale shall continue for a .eriod longer than
two consecutive days
(4) During the conduct of such sale, applicants shall
have in effect General Public Liability and Property Damage
Insurance issued to and covering the liability of the ap-
plicant with respect to all matters done or performed by him
in the public right of way, to be written on a comprehensive
policy form This insurance shall be written in amounts
not less than $500,000 for each occurrence and aggregate for
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personal injury including death and bodily injury and $500,000
for each occurrence and aggregate for property damage The
policy of insurance shall name the City of Pueblo, its agents,
officers and employees as additional insureds
(e) It shall be unlawful and a municipal offense for any
person to violate, or attempt to violate, any provision of this
section "
SECTION 2
This Ordinance will become effective immediately upon final passage
and approval
INTRODUCED October 9 , 1984
BY DOUGLAS L RING
Councilman
APPROVED
2 7 4 1,7/5 "‘ S
President of the City Council
ATTEST
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