Chapter 20
COMMERCIAL ACTIVITIES ON STREETS AND SIDEWALKS*
Sections:
5-20.01 Commercial stands on streets and sidewalks.
5-20.02 Displays of merchandise on streets and sidewalks.
5-20.04 Permits for special occasions.
* Chapter 20 entitled “Streets and Sidewalks,” consisting of Sections 5-20.01 through 5-20.10, codified from Ordinance Nos. 9 N.C.S., 612 N.C.S., and 23 C-M, repealed by Ordinance No. 533-82 C-M, effective February 25, 1982.
5-20.01 Commercial stands on streets and sidewalks.
It shall be unlawful for any person to place, erect, or maintain, or cause to be placed, erected, or maintained, anywhere upon any public street, sidewalk, or other public way, in any public parking lot, or in any other public place under the control of the City, wherein commercial stands are not regulated by any other provision of this Code, any business or commercial stand for the rent, sale, barter, or exchange of any goods, wares, or merchandise, unless authorized by a permit for a special event issued pursuant to this chapter.
(§ 2, Ord. 544-82 C-M, eff. February 25, 1982, as amended by § 1, Ord. 939-94 C-M, eff. February 26, 1994)
5-20.02 Displays of merchandise on streets and sidewalks.
It shall be unlawful for any person for any business or commercial purpose to use any public sidewalk, bench, lawn, street, parking lot, or other public place under the control of the City, wherein the commercial display of merchandise is not regulated by any other provision of this Code, for the display of merchandise for sale, barter, or exchange, unless authorized by a permit for a special event issued pursuant to this chapter. A person uses a public place for the display of merchandise when he or she rests the merchandise on such place for public view, or when he or she holds such merchandise for public view while personally occupying a portion of such public place, or when he or she rests such merchandise on a table, chair, stand, or other structure in such public place for public view.
(§ 2, Ord. 544-82 C-M, eff. February 25, 1982, as amended by § 1, Ord. 939-94 C-M, eff. February 26, 1994)
5-20.03 Exceptions.
Sections 5-20.01 and 5-20.02 of this chapter shall not apply in the following cases:
(a) To the placement of newsracks adjacent to the nearest property line or the curb line when the widest portion of such newsracks does not exceed eighteen (18") inches, and when the placement of such newsracks does not restrict the orderly travel of pedestrians on the sidewalk or the movement of parking of vehicles; and
(b) Section 5-20.02 of this chapter only shall not apply to the display of newspapers, periodicals, or other literature when the person so displaying such newspapers, periodicals, or other literature holds them in his personal possession for public view.
(§ 2, Ord. 544-82 C-M, eff. February 25, 1982)
5-20.04 Permits for special occasions.
Any person or group of persons subject to the provisions of Section 5-20.01 of this chapter who desires to erect commercial stands otherwise prohibited by said section, and any person or group of persons subject to the provisions of Section 5-20.02 of this chapter who desires to display merchandise in any manner otherwise prohibited by said section may apply to the City Manager or his/her designee for a permit to do so. Such permit may be granted if the City Manager or his/her designee finds that the proposed use will be of special significance, value, interest, or importance to the merchants or residents of the area where the use is proposed and if the City Manager or his/her designee finds that granting of the permit is consistent with the public interests. In granting such permit, the City Manager or his/her designee may impose such conditions concerning the time, place, and manner and other conditions as may be appropriate and in the public interests. No person shall violate any of the City terms or conditions of any permit granted pursuant to this section. The City Council, by resolution, may establish a fee for the issuance of such permit.
(§ 2, Ord. 544-82 C-M, eff. February 25, 1982, as amended by § 1, Ord. 939-94 C-M, eff. February 26, 1994)