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.
Terms, phrases and words in this chapter have the meaning given
herein or, if not defined, are given their ordinary accepted meaning:
See definition in § 5.4.1.
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.
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]
