Town of Kittery, ME
York County
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Table of Contents
Table of Contents
This chapter is known as the "Sidewalk Sales Ordinance."
A. 
It is the purpose of this chapter to provide an opportunity for existing merchants in the Town to hold up to five sidewalk sales per calendar year, not to exceed four days in duration, in a manner that protects the health, safety and welfare of the public. Cultural, musical, community and educational events are encouraged to take place in conjunction with the sidewalk sales event. It is not the intent of this chapter to authorize transient vending.
B. 
In return for the privilege of conducting such sales, merchants and landlords are expected to self-police themselves to conduct the sidewalk sales according to their submitted and approved sidewalk sales site plans.
C. 
This chapter is further intended to specifically prevent traffic congestion, obstructions of emergency vehicle lanes, the unsafe commingling of pedestrians and vehicles that can occur in unregulated, uncoordinated and unplanned sidewalk sales events.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
Terms, phrases and words in this chapter have the meaning given herein or, if not defined, are given their ordinary accepted meaning:
GARAGE SALE
See definition in § 5.4.1.
SIDEWALK SALE or SIDEWALK SALES EVENT
Temporary outdoor retail or food sales for commercial purposes of merchandise normally and legally sold on the premises where the outdoor sales are located. The displaying of the merchandise need not be limited to sidewalk locations but must preserve safe pedestrian, vehicular and emergency vehicle routes.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
The regulations of this chapter do not apply to garage sales, outdoor sales that have been reviewed and approved by the Planning Board, temporary fund-raising events for nonprofit causes, Town-sponsored events, or other uses legally established under Title 16, Land Use and Development Code. In addition, this chapter does not apply to sidewalk sales events that have legally existed on a verifiable regular basis as of the date the ordinance codified in this chapter becomes effective.
Except for exempted uses listed in § 5.7.4, no person, business, corporation, partnership or other legal entity may conduct sidewalk sales within the Town unless:
A. 
The sidewalk sales activities are conducted on days of the year approved by the Town Council; and
B. 
Sidewalk sales activities on each property are conducted in conformance with a Town-approved sidewalk sales site plan kept on file that includes all information required by § 5.7.9 and satisfies the review criteria in § 5.7.10 to ensure that health, safety and nuisance aspects of the sidewalk sale have been satisfied.
Submission of a completed Town-wide sidewalk sales event application, indicating the following, is required:
A. 
Dates of the year requested for up to a total of five sidewalk sales events per calendar year, of which no single sidewalk sale event may exceed four consecutive days;
B. 
Proof of broad business community sponsorship for the event as evidenced by signatures of five landlords of tenants engaged in retail trade or merchants primarily engaged in retail trade;
C. 
Means and timeline of adequately informing the Kittery business community of the opportunity to participate in a Town-wide sidewalk sales event; and
D. 
Identification of a single contact person coordinating the event, including that person's telephone number and mailing address.
A. 
The Town Council shall consider whether the application is complete and whether the request is consistent with § 5.7.2, Intent and purpose, in making its decision. The Town Council may decide to approve, approve with modifications, approve with conditions, disapprove the application or schedule a public hearing to gain public input on the request prior to making a decision.
B. 
Modifications may include, but are not limited to, changing the dates or duration of the sidewalk sales event. Conditions may include, but are not limited to, hiring appropriate personnel to manage traffic or prohibiting certain businesses that have violated the Town's regulations regarding sidewalk sales from participating in the event. The Town Council's decision is to be communicated to the applicant's contact person in writing.
A. 
Before any business engages in sidewalk sales, an approved site plan must be on record with the Town. The sidewalk sales site plan is to be reviewed by the Town staff in accordance with the standards and procedures set forth in this chapter to protect the health, safety and general welfare of the public.
B. 
To apply for sidewalk sales site plan approval, an applicant must complete a sidewalk sales site plan in accordance with § 5.7.9 and submit it to the Town Planner or, in the Planner's absence, the Code Enforcement Officer.
The site plan submitted for approval must include all of the following information:
A. 
Title of sidewalk sales site plan, including name and address of applicant, the person responsible for preparing such drawing, and the signature of the owner or authorized representative of the property;
B. 
Approximate North arrow, scale, Assessor's map and lot number in the lower right-hand corner of the plan, and date that plan was prepared;
C. 
General layout of buildings, parking area, circulation lanes, and location of curb cuts;
D. 
The exact location of temporary outdoor sales and display area, including the location and size of tents or other temporary structures;
E. 
Location and width of unobstructed handicapped-accessible pedestrian routes and sidewalks. The means used to identify and designate the pedestrian routes so they do not become obstructed or lead pedestrians into the routes of vehicles (for example, temporary fencing, cordoning, traffic cones, pavement striping, etc.) must also be noted on the plan;
F. 
Location and width of vehicle circulation and any fire and emergency lanes, showing access and egress. The means used to identify and designate the vehicle lanes so they do not become obstructed by shoppers or merchandise must also be noted on the plan;
Number of parking spaces temporarily obstructed by the sidewalk sales event activities and number of total parking spaces available during the sidewalk sales event;
G. 
Location of employee parking or overflow parking, if specially provided for;
H. 
Location of any temporary structures or places of public assembly for musical, cultural, educational or community events; and
I. 
The name and telephone number of a contact person available during the sidewalk sales event to remedy any day-of-the-sale problems or correct violations of the submitted site plan.
The site of the sidewalk sales must be designed to accommodate expected patrons without danger to the public health or safety and to prevent unacceptable traffic delays caused by traffic congestion. To this end, the following standards must be satisfied:
A. 
Pedestrian and vehicular routes are to be clearly marked and identified on the plan. If walkways and vehicular lanes are altered from the current routes, the plan is to explain the means used to identify and mark such revised routes on the site (for example, by using traffic cones, temporary fencing, painted or chalked lines on pavement, and roping off areas);
B. 
Unobstructed five-foot-wide handicapped-accessible pedestrian routes must be provided;
C. 
Unobstructed nineteen-foot-wide two-way vehicular routes or thirteen-foot-wide one-way vehicular routes must be provided;
D. 
Safe and logical traffic routes on the site as well as to and from the site must be provided; and
E. 
Adequate parking must be provided so that parking does not obstruct the safe flow of traffic or create hazards for pedestrians. Up to 10% of the normally required number of parking spaces may be temporarily obstructed by sidewalk sales event activities if suitable arrangements are made to free up parking spaces normally used for employee parking or if environmentally suitable temporary overflow parking areas are provided.
A. 
Within five business days, or within 48 hours (exclusive of weekends and holidays) if a sidewalk sales event is scheduled to occur sooner, of receiving a complete application for sidewalk sales site plan approved by the Town Planner or, in the Planner's absence, the Code Enforcement Officer, Town Council shall render a decision. The decision may be to approve, approve with modifications, approve with conditions or disapprove a sidewalk sales site plan. The decision is to be based strictly on the review criteria listed in § 5.7.10.
B. 
Failure to render a decision within the prescribed time limit constitutes an approval for the next approved sidewalk sales event.
C. 
Approved sidewalk sales site plans will be kept on file and are valid for future Town Council-approved sidewalk sales events without reapplication if the sidewalk sales activities on the site remains consistent with the approved plan.
D. 
Applicants are to be informed in writing of a decision to disapprove a sidewalk sales site plan.
E. 
Approved site plans are to be signed and dated by the reviewer along with the notation: "approved site plan for sidewalk sales during an approved sidewalk sales event" and kept on file.
A. 
No special permit is required for conducting sidewalk sales in accordance with the Town-approved sidewalk sales site plan on a Town Council-approved sidewalk sales event date.
B. 
All temporary signs and banners must be permitted by the Code Enforcement Officer in accordance with Article X of Chapter 16.8. One temporary sign or banner per participating site in addition to that normally allowed may be permitted for each sidewalk sales event. Sign applications, accompanied by application fees, for such additional signage are to be made to the Code Enforcement Officer well in advance of the actual sidewalk sales event.
C. 
All temporary structures, such as tents, that will be removed at the conclusion of the sidewalk sales event and are shown on the Town-approved sidewalk sales site plan do not require building/regulated activity permits. Other temporary structures require building/regulated activity permits.
The requested closing of any public street requires approval by the Town Council.
Any person aggrieved by any decision regarding the site plan review for an approved sidewalk sales event may appeal the decision to the Town Manager. Such appeal must be instituted within 30 days after the receipt of a written decision to deny the sidewalk sales site plan.
It is the intent of this chapter that sidewalk sales activities will be self-policed by merchants and landlords of retail merchants. In the event self-policing is not successful, the Code Enforcement Officer or other person duly authorized by the Town is to enforce the provisions of this chapter. The Code Enforcement Officer is to order the correction or abatement of all violations of this chapter. Uncorrected violations are to be reported to the Town Council upon the next application for approving a sidewalk sales event.
Merchants conducting outdoor sales and display of merchandise that have not been approved by the Planning Board or in compliance with this chapter is a violation of the sidewalk sales ordinance codified in this chapter and Title 16, Land Use and Development Code.
A. 
When any violation of any provision of this chapter is found to exist, the Town Attorney or the CEO, as provided by M.R.C.P. Rule 80K, upon notice from the Town Manager, is authorized and directed to institute any and all appropriate actions and proceedings either legal or equitable that may be appropriate or necessary for the enforcement of the provisions of this chapter, the same to be brought in the name of the Town.
B. 
Any person, firm or corporation (including tenants in retail malls) being the owner of or having control or use of any building or premises, who violates any of the provisions hereof, is guilty of a civil violation, and the Town has those remedies including fines as are provided and allowed by 30-A M.R.S. § 4452. Each day such violation is permitted to exist after notification constitutes a separate offense. All fines collected hereunder accrue to the Town.[1]
[1]
Editor's Note: Original § 5.7.18, Conflict with other laws, was repealed at time of adoption of Code (see Ch. 1.1, Code Adoption).