Chapter 5.10
OUTDOOR MERCHANDISING AND OUTDOOR ENTERTAINMENT
Sections:
5.10.020 Outdoor merchandising and outdoor entertainment prohibited.
Prior legislation: Ord. 315-2011.
5.10.010 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein unless the context requires otherwise:
(1) “Outdoor merchandising” means the sale, display for sale, rental of or storage of merchandise, including food and drink, outside of an enclosed building space.
(2) “Outdoor entertainment” means live music or other outdoor performances conducted outside of an enclosed building space.
(3) “Garage sale” means the sale or display for sale of used, handcrafted or new merchandise outside of a residence or open to public view from the outside of a residence in a garage, carport, patio, or yard in a residential or manufactured home district.
(4) “Community organization” means any group of persons based in, or in the vicinity of, the general Hubbard community, or proposing to operate in Hubbard, organized for a specified event.
(5) “Ice cream vendors” means a person who sells or offers to sell ice cream and related food items from a vehicle to the general public for immediate consumption. (Ord. 375-2021 § 1; Ord. 331-2013 § 2)
5.10.020 Outdoor merchandising and outdoor entertainment prohibited.
Unless otherwise permitted herein, all outdoor merchandising, outdoor entertainment, and garage sales are prohibited within the city limits of Hubbard. (Ord. 331-2013 § 3)
5.10.030 Exemptions.
The following uses and activities, subject to applicable conditions and other city ordinance requirements, are exempt from the prohibition of this chapter:
(1) Outdoor merchandising, outdoor entertainment and garage sales conducted only upon and within the boundaries of a lot or parcel of land upon which an occupied residence is located upon the following conditions:
(a) Garage sales, as defined herein, are permitted on the condition that:
(i) No site can be used for a garage sale more than four times in a calendar year;
(ii) Each occurrence of a garage sale shall not continue for more than three consecutive days;
(iii) All signs advertising a garage sale which are posted on or off site must be removed in 24 hours after the end of the sale; and
(iv) No violation occurs of any other code or ordinance of the city including, but not limited to, the provisions of Chapter 9.25 HMC establishing noise regulations for the city of Hubbard.
(2) Outdoor merchandising and outdoor entertainment conducted within the city limits upon properties, the owners of which have obtained a permit from the city administrator or designee and have paid a permit fee therefor as provided herein and further provided no violation occurs of any other code or ordinance of the city including, but not limited to, the provisions of Chapter 9.25 HMC establishing noise regulations for the city of Hubbard.
(3) Outdoor seating in conjunction with a restaurant.
(4) The dispensing of gasoline at a service station.
(5) Automatic teller machines and telephone booths.
(6) Sales of food items, art and handcrafts by charitable, religious and community organizations which have been granted a site-specific use permit by the city administrator or designee after evidence has been received satisfactory to the city administrator or designee that:
(a) The sale has the approval of the owner or lessee of the property on which it is to take place.
(b) The sale will be located in a manner that will not interfere with the pedestrian or vehicular traffic.
(c) The sale will not interfere with the operation of adjacent businesses.
(d) The sale shall be for specified limited periods of time.
(e) The sale of food must be in conjunction with an organized event.
(7) Newspaper vending machines which are placed on a public sidewalk in such a manner that a minimum of four feet of unobstructed sidewalk width remains and in such a manner that the use of the sidewalk by handicapped persons is not impeded.
(8) The sale of merchandise by home delivery after a specific personal or telephone request by the purchaser.
(9) The sale, display, storage or rental of merchandise which would otherwise be prohibited by the terms of this chapter is exempt if the outdoor area where the merchandise is sold, displayed, rented or stored is either:
(a) Screened from all public streets and adjacent properties in a manner that has received design approval from the Hubbard planning commission and is accessible only through a building entrance; or
(b) The merchandise is of a type normally displayed and sold outside, including but not necessarily solely limited to automobiles, boats, recreational vehicles, farm and industrial equipment, and manufactured homes.
(10) The sale of living plant materials.
(11) Christmas tree sales lots. (Ord. 375-2021 § 2; Ord. 331-2013 § 4)
5.10.040 Permits and fees.
(1) Except as exempted under the provisions of HMC 5.10.030(6), all persons, community organizations, corporations or other organizations, whether for profit, not for profit, charitable or otherwise, shall apply for and be granted a permit by the city administrator or designee before conducting outdoor marketing and outdoor entertainment events within the city of Hubbard.
(2) Permits shall be granted by the city administrator or designee upon the filing of a completed application, in form obtained from the city administrator or designee, including the payment of an application fee therefor, as provided herein and demonstrating compliance with the city of Hubbard’s insurance requirements. Ice cream vendors will also be required to pass a criminal background check. The permittee may then engage in outdoor merchandising and outdoor entertainment events conditioned only upon compliance by the permittee, its representatives, agents and invitees, with all codes and ordinances of the city of Hubbard, including but not limited to the provisions of Chapter 9.25 HMC et seq. establishing noise regulations for the city of Hubbard.
(3) Permits may be revoked and cancelled by any authorized representative of the city of Hubbard upon the issuance of a complaint or citation by the authorized representative of the city alleging a violation of city codes and ordinances occurring as a result of the conduct of the outdoor merchandising or outdoor entertainment event.
(4) A permit will be issued for a single event of outdoor merchandising or outdoor entertainment for a limited time specifying dates and hours of operation for all such events unless such permit is issued to a community organization as defined herein, for the conduct of periodic outdoor merchandising or outdoor entertainment events, in which case the permit may be issued for an extended period of time, not to exceed one year.
(5) A permit fee for a single event shall be $20.00. The permit fee for a community organization shall be $20.00 for the calendar year. (Ord. 375-2021 § 3; Ord. 331-2013 § 5)
5.10.050 Violation – Penalty.
(1) Any person violating any of the provisions of this chapter shall be served by the city of Hubbard with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Notice shall be in written form, personally delivered, or mailed and accepted, certified, return receipt requested, by the person to be charged. The person to be charged or notified may be the owner or the occupant of the premises.
(2) Any person who shall continue any violation beyond the time limit stated in such notice shall be guilty of a Class I civil infraction and on conviction thereof shall be fined in an amount not to exceed $500.00 for each violation. However, if a violation of a provision is identical to a state statute with a lesser penalty, punishment shall be limited to the lesser penalty prescribed by state law. Each day in which such violation shall continue shall be deemed a separate offense. Any person violating any of the provisions of this chapter shall become liable to the city of Hubbard for any expenses, loss or damage occasioned by the city by reason of such violation. (Ord. 331-2013 § 6)