No person shall use, move or remove, or cause or permit to be
used, moved or removed, or aid or assist in using, moving or removing,
any building, structure or crane used in connection with the construction,
repair or demolition of buildings or other structures within the building
line, or shovels using steam or other motive power into, along or
across any street, without a written permit from the Commissioner
of Public Works, which permit shall specify the route to be taken
and such other reasonable conditions as he may deem necessary. No
permit, however, shall be issued unless a proper bond is filed in
such amount as is deemed adequate by the Corporation Counsel to secure
the City against loss or damage incident thereto.
No person or persons, owner or occupant, whether the same be
an individual, a firm, a company, a partnership, a corporation or
any officer, agent, servant or employee thereof, a lessee, sublessee
or tenant, or an owner having a legal or equitable title, or a mortgagee
in possession of any building or structure, shall hereafter sell or
deliver any food, drinks, ice cream, candy, tobacco goods, goods,
wares or merchandise of any kind or description from inside thereof
across any stand or counter located on the building line thereof to
any person or persons on the sidewalk abutting the same.
[Amended 5-25-1983, approved 5-26-1983]
A.
Prohibition. It shall be unlawful for any person owning or operating
a retail establishment to vend, sell, dispose or offer to vend, sell,
dispose or display any goods, wares or merchandise on any public walk,
street or alley, in front of or adjacent to the store or building.
[Amended 8-10-1983, approved 8-11-1983]
B.
Exception; application required. Notwithstanding any inconsistent
provision of this section, the sale of fruit and vegetables or plants
and flowers on sidewalks directly abutting premises for which the
primary use is the sale of fruit, vegetables, plants or flowers may
be permitted upon application therefor to the City Clerk. The application
for a license to vend, sell, dispose or display fruits and vegetables
or plants and flowers shall be made in writing to the City Clerk.
The application shall contain the name of the applicant if an individual,
the names of partners if a copartnership, or the names of the principal
officers if a corporation, church, club or charitable institution,
and shall include the location of the place or places where such fruit
and vegetables or plants and flowers are to be displayed and sold.
Said application must be approved by the Commissioner of Public Safety,
the Commissioner of Public Works and the Commissioner of Buildings.
[Amended 8-10-1983, approved 8-11-1983; 9-14-2005, approved 9-15-2005]
C.
Insurance required. The applicant shall file with the application
for the permit a certificate of public liability insurance in the
amount of not less than $1,000,000, and property damage insurance
in the amount of not less than $25,000 for any one accident and $50,000
in the aggregate, with the City of Mount Vernon listed as additional
insured, said certificate to be approved as to form, correctness and
adequacy by the Corporation Counsel to insure the City against any
loss, injury or damage arising out of the granting of the permit or
from any negligence or fault of said applicant, his agents, servants
or employees in connection with said display or with any work related
thereto. Such insurance must remain in force throughout the effective
period of the permit as well as any authorized extensions thereof
and shall carry an endorsement to the effect that the insurance company
will give at least 10 days' written notice to the City of any
modification or cancellation of any such insurance.
[Amended 9-14-2005, approved 9-15-2005]
D.
Permit fees; expiration of permit. The permit fee to be charged for
such application is $360. Each permit shall expire on the 30th day
of September next after issue, unless sooner revoked by the City Clerk.
No permit shall be valid for more than one year, and the permit shall
contain a stated expiration date. Any new permits will be prorated
at the fee of $30 per month. Renewals will not be prorated.
[Amended 9-14-2005, approved 9-15-2005]
E.
Regulation.
[Amended 9-14-2005, approved 9-15-2005]
(1)
No street, alley or driveway shall be blocked by any merchandise
offered for sale or displayed hereunder. The sidewalk area in front
of the store or building must be a minimum of seven feet from the
building line to the curbline, and the stand or display may not extend
more than 36 inches from the building line. There must be a minimum
of six feet of sidewalk between the sidewalk display and the curb
that is clear of any physical encumbrances, including meters, signs,
poles, trees, tree wells, benches, fire hydrants, etc.
(2)
Display areas shall appear to be structurally sound and constructed
from wood, metal or other similar material and shall be finished in
a manner that is aesthetically compatible with the surrounding building
facades and must be approved upon inspection. The use of milk cartons,
crates, tables or other similar material to maintain display areas
shall be prohibited. Merchandise shall be securely and adequately
placed so that it will not endanger passersby or fall or extend into
any street, sidewalk or alley. No merchandise shall be placed directly
on the sidewalk or anywhere except on the approved display area. Such
sales shall not be operated in any manner which would cause a nuisance
or create a fire hazard. No stand or display will be allowed in front
of the store or building after such establishment is closed. No permit
may be transferred, leased or assigned. Each display must be operated
by the owner or tenant of the building in front of which the stand
or display is located.
F.
The Commissioner of the Department of Public Safety, the Building
Commissioner, the Fire Commissioner and the Commissioner of Public
Works shall make or cause to be made sufficient inspection to ensure
the compliance with the provisions of this section and other applicable
provisions of the City ordinance by the permit holder.
G.
Revocation. The permit may be revoked by the City Clerk due to failure
of the permit holder to comply with the provisions of this section
or for other sufficient cause upon 10 days' written notice and
the opportunity for a hearing.
H.
Penalty. Any person, firm or corporation violating any provision
of this section shall be subject to a fine of no more than $500 for
each offense and/or 15 days' imprisonment. A second offense within
the same permit term shall be punishable by a fine of not more than
$1,000 for each offense. All subsequent offenses within the same permit
term shall be punishable by a fine of not more than $1,000 for each
offense, and a separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
[Amended 9-14-2005, approved 9-15-2005]
[Added 11-14-1962, approved 11-15-1962; amended 9-14-2005, approved 9-15-2005]
No merchant conducting business from a street level store shall hereafter display for sale or sell Christmas trees on the sidewalk abutting such merchant's place of business except for those businesses for which the primary use is the sale of plants or flowers and which have obtained a sidewalk display permit in accordance with § 227-53 of the Code of the City of Mount Vernon. These sales shall only take place between the 24th day of November and until the close of business on the 24th day of December.
A.
No person shall at any time drive any vehicle, whether operated by
gasoline, electricity or steam, upon or over any sidewalk or flag
walk without first obtaining a permit in writing from the Commissioner
of Public Works. This section shall not apply to any driving upon
any sidewalk or flag walk which forms part of any authorized driveway
leading from any street to the abutting property.
B.
The physical presence of any motor vehicle on any lot or parcel of land abutting a public street, which lot or parcel of land has no driveway leading from any adjoining property or no authorized curb cut abutting said parcel or lot of land, shall be presumptive evidence that the said motor vehicle was driven thereon by the owner of said vehicle under his direction or by his consent in violation of Subsection A of this section. Any person violating this section shall be punishable in accordance with Article II of Chapter 1 of the Code.
[Added 7-11-1962, approved 7-12-1962]
[Amended 2-13-1958, approved 2-14-1958; amended 1-13-1982, approved 1-14-1982]
Every owner or lessee of any premises abutting on any street
shall keep the contiguous sidewalks free from dirt, filth, weeds or
other obstructions or encumbrances and shall also maintain the contiguous
sidewalk in good condition, free from any defects or other dangerous
conditions, and perform all repairs necessary thereto. Said owner
or lessee shall have the further duty of causing the entire area of
such sidewalks in front of such premises to be cleared of snow and
ice within 12 hours after such snowfall has ceased or ice has formed.
Whenever any ice forms upon such sidewalk, it shall be the duty of
such owner or lessee to place thereon sufficient sifted ashes, sand
or salt to prevent persons from slipping until such ice shall be wholly
removed.
[Added 1-22-1964, approved 1-23-1964]
No person shall, in connection with a commercial enterprise
owned or operated by him or by which he is employed, wash, service
or repair any motor vehicle, commercial or otherwise, on any public
street or sidewalk, nor transfer any articles on any street from one
motor vehicle to another. Nothing herein contained shall be deemed
to prohibit emergency repairs to disabled motor vehicles.
[Added 10-28-1970, approved 10-29-1970]
No person shall lubricate, change oil or repair any motor vehicle
parked upon any public street or highway except to make such repairs
as may be necessitated by an emergency.
