[R.O. 1993 § 605.350; Ord. No.
2752 § 1, 3-8-2011]
As used in this Article, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
A market open to the public, located indoors or out-of-doors,
where mainly secondhand goods of any kind are sold from individual
locations (e.g., booth, stall), with each location being operated
independently from the other locations. Items sold may include, but
are not limited to, furniture, appliances, household goods, clothing,
tools, equipment, antiques, rare items, jewelry, or used materials.
A person, firm, or corporation selling items or offering
items for sale at a flea market.
A place where goods are sold to the public.
[R.O. 1993 § 605.351; Ord. No.
2752 § 1, 3-8-2011]
No person, firm, or corporation shall operate the business of renting space or allocating space to flea market sellers without first obtaining a license pursuant to Section 605.190. Application for licenses shall be made to the City Clerk on forms to be provided by the City Clerk. Only one (1) license shall be required for each flea market, and the individual flea market seller shall not be required to obtain a license under this Section. No flea market shall be located outside the "B-1" General Business District.
[R.O. 1993 § 605.352; Ord. No.
2752 § 1, 3-8-2011]
The provisions of this Article shall not apply to public or
private auctions conducted by licensed auctioneers, estate sales conducted
by court-appointed personal representatives or conservators, court-ordered
sales conducted by the Sheriff or other officials appointed by a court,
temporary sidewalk sales conducted by licensed merchants, or to religious,
charitable, educational or civic organizations operating temporary
festivals or fund-raising events. In addition, no person, firm, or
corporation having a business license to operate a secondhand store
shall be required to obtain a license under this Article for the same
business location.
[R.O. 1993 § 605.353; Ord. No.
2752 § 1, 3-8-2011]
Each person required by this Article to obtain a license shall
keep accurate records of the names and addresses of each flea market
seller, together with a brief description of the type or types of
merchandise offered for sale by that seller.
[R.O. 1993 § 605.354; Ord. No.
2752 § 1, 3-8-2011]
Any person, firm, or corporation renting or allocating space
to flea market sellers in more than one (1) place of business shall
be required to obtain a license for each place of business, provided
that one (1) license shall be adequate for locations that are on the
same lot, adjacent lots or lots separated only by an alley.
[R.O. 1993 § 605.355; Ord. No.
2752 § 1, 3-8-2011]
No person shall sell or offer for sale at any flea market any
goods known to such person to be stolen.
[R.O. 1993 § 605.356; Ord. No.
2752 § 1, 3-8-2011]
No flea market seller shall purchase any used household item,
antique or used article whatsoever from any person under the age of
eighteen (18) years, unless such person is accompanied by the person's
parent or guardian.
[R.O. 1993 § 605.357; Ord. No.
2752 § 1, 3-8-2011]
[R.O. 1993 § 605.358; Ord. No.
2752 § 1, 3-8-2011]
A.
Generally.
For outdoor flea markets, the condition of soil, groundwater level,
drainage and topography shall not create hazards to the property or
the health or safety of the occupants. The sites shall not be exposed
to objectionable smoke, noise, odors or other adverse influences,
and no portion subject to unpredictable or sudden flooding, subsidence
or erosion shall be sued for any purpose which would expose persons
or property to hazards.
B.
Soil
And Ground Cover. For outdoor flea markets, exposed ground surfaces
in all parts of every flea market shall be paved, or covered with
stone screenings, or other solid material, or protected with a vegetative
growth that is capable of preventing soil erosion and of eliminating
objectionable dust and mud.
C.
Site
Drainage Requirements. For outdoor flea markets, the ground surface
in all parts of every flea market shall be graded and equipped to
drain all surface water in a safe, efficient manner in order to eliminate
water pockets, low areas or bogs.
D.
Separation
Between Flea Market Booths. Flea market booths shall be separated
from each other by at least ten (10) feet of open space.
E.
Setbacks,
Buffer Strips, Screening.
1.
All outdoor flea markets shall be located at least twenty-five (25)
feet from any public street or highway right-of-way and at least ten
(10) feet from the exterior property boundary lines.
2.
All outdoor flea markets adjacent to residential uses shall be provided
with screening of a well-maintained opaque fence along the boundary
line separating the market and adjacent zoning and uses. Such screening
shall be a minimum of six (6) feet in height.
F.
Street
System.
1.
General Requirements. All flea markets shall be provided with safe
and convenient vehicular access from abutting public streets or roads
or highways.
2.
Access. Access to flea markets shall be designated to minimize congestion
and hazards at the entrance or exit and allow free movement of traffic
on adjacent streets. The entrance road connecting the market streets
with a public street or road shall have a minimum road pavement width
of thirty-six (36) feet where parking is permitted on both sides,
or a minimum road pavement width of twenty-seven (27) feet where parking
is limited to one (1) side.
G.
Off-Street
Parking. Off-street parking areas shall be provided in all flea markets.
Such areas shall be furnished at the rate of five and one-half (5 1/2)
spaces per one thousand (1,000) square feet of gross sales area.
H.
Walks,
General Requirements. All flea markets shall be provided with safe,
convenient, all-season, dust-free, pedestrian access of adequate width
for intended use, durable and convenient to maintain. Sudden changes
in alignment and gradient shall be avoided.
I.
Flea
Market Floor Or Pavement.
1.
The floor or pavement of the flea market shall be constructed of
materials which will provide an adequate foundation for the placement
of flea market booths, securing against uplift, sliding, rotation
and overturning.
2.
The flea market pavement or floor shall be so constructed and maintained
that it will not heave, shift or settle unevenly under the weight
of the flea market booth or table due to inadequate drainage, vibration
or other forces.
J.
Identification.
Each booth or table shall be numbered.
[R.O. 1993 § 605.359; Ord. No.
2752 § 1, 3-8-2011]
A.
Generally.
An accessible, adequate, safe and potable supply of water shall be
provided in each flea market. Where a public supply of water of satisfactory
quantity, quality and pressure is available, connection shall be made
to it and its supply used exclusively. When a satisfactory public
water supply is not available, a private water supply system may be
developed and used as approved by the State Department of Public Health
in accordance with rules and regulations for water supply quality
control.
B.
Compliance
With Plumbing Code. The water supply system of the flea market shall
be constructed and connected in accordance with the Plumbing Code
of the City.
[R.O. 1993 § 605.360; Ord. No.
2752 § 1, 3-8-2011]
A.
There
shall be a minimum of one (1) central restroom facility located on
the premises. Within that central restroom, there shall be separate
facilities for men and women.
B.
Hot
and cold water shall be furnished to every lavatory and sink; cold
water shall be furnished to every water closet and urinal.
C.
Restrooms
shall contain the minimum number of fixtures as required by the Building
Code of the City.
D.
An
adequate and safe sewage system shall be provided in all flea markets
for conveying and disposing of all sewage. Such system and connection
shall be designed, constructed and maintained in accordance with the
provisions of the Plumbing Code of the City.
[R.O. 1993 § 605.361; Ord. No.
2752 § 1, 3-8-2011]
There shall be enough trash cans, lined with plastic liners,
to accommodate all the trash thrown away on the premises. All trash
shall be removed at least at the end of each day during which the
flea market is open.
[R.O. 1993 § 605.362; Ord. No.
2752 § 1, 3-8-2011]
Extermination. Grounds, buildings, and structures shall be maintained
free of insect and rodent harborage and infestation.
