[Adopted 12-7-2009 by Ord. No. 331]
A.
No person shall place or display upon a public sidewalk any goods
for sale, or receptacles used in connection with the sale of goods,
or stands or containers of any kind, except as provided in this section.
B.
Any items so offered may only be offered on that portion of the sidewalk
directly in front of a business establishment of which the seller
or displayer is the lawful occupant, either as owner or lessee for
a term in excess of 27 days.
C.
Goods, containers, or receptacles shall not occupy more than 25%
of the width of the sidewalk directly adjacent to the structure and
shall not encroach upon any part of the sidewalk frontage of any adjacent
premises, right-of-way, or alley in which the goods are offered for
sale during times the goods are actually offered for sale. In no case
shall the goods, containers or receptacles be placed within five feet
of the inward (sidewalk) face of the curb on any street. A minimum
six-foot clear width and eight-foot clear height right-of-way for
public passage shall be maintained at all times.
E.
All goods for sale, or receptacles used in connection with the sale
of goods, or stands or containers of any kind (except soda machines),
and any other property of the owner or tenant shall be removed from
the public right-of-way and/or sidewalk by 1/2 hour after the close
of business hours and setup may not start until the open of business
hours. The owner is responsible for compliance with any county, state,
or federal regulations. In case of conflict, the more restrictive
regulation shall apply.
A.
An application for a sidewalk sales permit shall be made to the Town
Clerk on forms provided by the Town Clerk. The application shall include
a scale plan and scale elevation drawing depicting the sidewalk abutting
the business and only extend to the side property lines, the location
of all street fixtures, and the locations of any proposed street furniture.
The application shall include the sizes of all proposed street furniture.
The application shall be made by the operating establishment only.
The application shall include proof of the required insurance. It
shall note the start date of coverage, time period of coverage, and
the date for renewal.
B.
A sidewalk sales permit shall be valid for one year from July 1 in
each year until the following June 30. The holder of the permit shall
pay an annual fee as established by resolution of the Commissioners
of Ridgely. The annual fee shall be paid with the original permit
application and with any request for renewal of the permit. Until
such time as a separate fee is established by the Commissioners of
Ridgely, the annual fee shall be $50. The permit is nontransferable.
C.
A sidewalk sales permit shall specify the location and sizes of all
street furniture, and other conditions consistent with this article
to protect the public health, safety, and welfare.
D.
The permit application shall be reviewed and approved by the Zoning
Administrator and the Town Engineer. Review and consultation with
the Chief of Police, Town of Ridgely Fire Chief, and State Fire Marshal
may be required by the Town Engineer or the Zoning Administrator.
The Commissioners of Ridgely, Chief of Police, and Planning Commission
shall be notified of the approved application.
A.
When there is a violation of this section, the Code Enforcement Officer
shall notify any violator to remove the goods, receptacle, stand,
container, or other item, either verbally or by written notice.
B.
A person who violates this section is guilty of a municipal infraction
and is subject to a fine as established by resolution of the Commissioners
of Ridgely. If the person fails to comply immediately with the notice
or violates this section in the same manner within 90 days following
the notice, the Code Enforcement Officer shall remove, store, or dispose
of the goods, receptacles, stands, containers, or other items. The
costs of removal, storage, and disposition shall be borne by the owner
of the property adjacent to the sidewalk and constitute a lien upon
the property. Any legal and/or costs incurred by the Town of Ridgely
or its employees associated with this violation shall be borne by
the owner of the property adjacent to the sidewalk.
A.
Organizations which qualify under Section 501(c) of the Internal Revenue Code shall be exempt from the provisions of this article, § 155-32B.
B.
Such organizations shall fully insure, indemnify, defend, and hold
the Commissioners of Ridgely and, in their capacity as such, the officers,
agents, and employees thereof, and the owners of adjacent properties,
tenants, and their employees thereof harmless from and against any
and all claims and damages in any way arising out of or through the
acts of the organization or its employees in the construction, maintenance,
use, placement, or condition of the sidewalk area. The organization
shall have proof of such insurance at the site and readily available
at all times.
C.
Such organizations shall be required to file a permit application,
and obtain a permit, but shall be exempt from the permit fee.
