[HISTORY: Adopted by the Mayor and Council of the City of
Hyattsville 10-3-1977. Amendments
noted where applicable.]
[Amended 1-16-2001 by
HR 2000-03]
For the purposes of this chapter, the following terms, phrases,
words and their derivatives shall have the meaning given herein:
Any temporary sale for which the sponsor is a recognized
charitable organization and the proceeds of which go to one or more
charitable organizations.
Standing independently, free of support or attachment.
Includes any goods, wares, merchandise or other personal
property capable of being the object of a sale regulated hereunder.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Includes any work or act capable of being performed for a
fee or donation during a sale regulated hereunder. Examples of "services"
occasionally performed as part of a temporary sale are a car wash
or appliance repairs.
Any person who organizes or sponsors a temporary sale and
who assumes liability and responsibility during the sale for compliance
with all pertinent laws and regulations of the City. A "sponsor" may
represent himself or herself as a single vendor or any number of vendors
as in the case of a multiple-vendor sale.
Includes all sales of goods or services, whether or not for
profit, for a period of time not to exceed 14 days and from a fixed
location, store, shop or other site not otherwise licensed to do business
there. This includes but is not limited to such sales as yard and
garage sales, Christmas tree sales, flea market sales and fresh produce
sales.
[Amended 1-16-2001 by
HR 2000-03]
Any person conducting a temporary sale as defined herein shall
have first obtained from the City a temporary sale permit. No person
shall be entitled to obtain more than two permits per calendar year.
[Amended 1-16-2001 by
HR 2000-03, 4-5-2004 by HO-2004-10]
All temporary sales shall be limited to the sale period stated
on the license permit and shall not exceed 48 consecutive hours within
a 14 calendar day period.
Each temporary sale permit shall be issued for one location
or site only.
Each temporary sale permit shall be issued to one sponsor only.
The sponsor can be any person as defined herein.
The sponsor shall be responsible for compliance by all persons
involved in the temporary sale with all pertinent laws and regulations
of the City and shall be liable for all acts arising from the temporary
sale in the same way and to the same extent as other persons operating
a business in the City.
A.
A schedule of temporary sale permit fees shall be established from
time to time by the City Council.
[Amended 4-5-2004 by
HO-2004-10]
B.
A recognized charitable or nonprofit organization may be exempt of
any fee.
C.
A late fee equal to the greater of $10 or double the fee charged
for the permit shall be assessed for failing to apply for the permit
prior to the event.
A temporary sale may take place either in an industrial, commercial
or residential area. Regulations governing such matters as advertising,
signs, sound, construction, sanitation, and traffic shall be the same
as for businesses operating in the C-S-C Zone.
No sale shall be so conducted as to interfere with the smooth
flow of vehicular and pedestrian traffic past the site of the sale.
Any sponsor who anticipates traffic which might interfere with a smooth
flow will so notify the City at the time the permit is requested and
make any necessary arrangements with police and fire officials to
control the flow. Should an unusually large flow of traffic develop
during the sale, the sponsor will immediately notify the City and,
upon request of the City, shall stop the sale until such time as the
traffic flow can be effectively controlled.
No temporary sale or any activity associated therewith shall
be conducted in any way that will disturb the peace, endanger the
safety or threaten the welfare of persons nearby or interfere with
the reasonable use of adjacent property.
No temporary sale shall be conducted in any way which shall
present a danger or hazard to the health or safety of persons or property.
The site or location of a temporary sale shall be maintained
clean and free from litter at all times. Any litter which shall fall
on the property of another shall be removed immediately. Upon conclusion
of the temporary sale, the sponsor shall be responsible for the removal
of all litter and trash from the site and adjacent property not later
than one day after the sale ends. Should the sponsor fail to do so,
the City may remove such trash or litter and charge the cost thereof
to the sponsor.
Any construction, electrical work, plumbing, sign erection or
other related activity conducted in association with the temporary
sale shall be in accordance with the pertinent building, electrical,
plumbing or other applicable codes of the City, state or county. No
sound system will be allowed.
Any advertising of the temporary sale shall be subject to the
same regulation as pertains to other business activities in the City
located in the C-S-C Zone and as may be additionally defined herein.
[Amended 1-16-2001 by
HR 2000-03]
Any sign advertising the temporary sale may not be erected more
than three days before the sale begins and must be removed not later
than one day after the sale ends.
[Amended 4-5-2004 by
HO-2004-10]
A permit issued by the City shall be required for any sign advertising
the temporary sale which is larger in size than four square feet and
for electrical signs of any size.
[Amended 1-16-2001 by
HR 2000-03, 4-5-2004 by HO-2004-10]
Signs advertising the temporary sale may not be placed on any
public property including utility poles, hydrants. Such signs may
only be placed on private property and only with the express permission
from the owner or agent. Any sign in the public right-of-way must
be freestanding and no higher than 3 1/2 feet and no larger than
four square feet.
[Amended 4-5-2004 by
HO-2004-10]
A.
The City shall issue the permit applied for after inspection of the
proposed temporary sale site by the Code Enforcement Officer and his
certification that such sale is in conformance with the provisions
of this chapter.
B.
The Code Enforcement Officer of the City shall be empowered to revoke
or suspend any permit issued under this section upon a determination
that the permittee is conducting the activities in an unsafe, unsanitary
or unlawful manner.
C.
Application shall be made seven days prior to the commencement of
the desired date of such a temporary sale.
[Added 11-3-1980 by HB
No, 20-80; amended 8-2-1982 by
HB No. 12-82, 6-1-1998 by HR 98-03, 1-16-2001 by HR 2000-03, 4-5-2004 by HO-2004-10]
Violations of the chapter shall be punishable as a municipal infraction as provided in Chapter 20 of this Code. The fine for any single initial violation shall be $100, and the fine for each repeat of that offense shall be $200.
