Prohibited conduct

No vendor shall:

(1)

Leave any stand or motor vehicle unattended.

(2)

Store, park, or leave any stand overnight on any street or sidewalk, or park any motor vehicle other than in a lawful parking space, in conformance with city and state parking regulations.

(3)

Sell food for immediate consumption unless he/she has available for public use his/her own litter receptacle, which is available for his/her patrons' use.

(4)

Allow or keep any animals in motor vehicles or stands.

(5)

Leave any location or vending zone without first picking up, removing, and disposing of all trash and refuse remaining within a 15-foot radius. Each vendor shall be responsible for maintaining a 15-foot radius trash and refuse clear area around himself/herself. Said area shall overlap other vendor cleanup areas and no vendor shall leave a location, or vending zone, without cleaning up as required.

(6)

Allow any items relating to the operating of the vending business to be placed anywhere other than in, on, or under the stand or motor vehicle.

(7)

Set up, maintain, or permit the use of any table, crate, carton, rack, or any other device to increase the selling or displaying capacity of his/her stand, or motor vehicle, where such items have not been described in his/her application.

(8)

Solicit or conduct business with persons in motor vehicles located on traffic lanes of public streets and highways.

(9)

Sell anything other than that for which he/she is licensed to vend.

(10)

Use any noise-making device after 9:00 p.m., except during special events, and at no time shall such a vendor use his/her traffic warning device on any vehicle, except to give necessary signals while in traffic. It shall be unlawful for any vendor to use any noise-making device that either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the city. Any vendor who violates this section shall upon written notice from the city manager or his/her authorized representative remove said noise-making device from the vehicle or reduce the volume of such noise-making device so that the same shall not be in violation of this section. Failure to comply with such notice shall subject such a vendor to the penalties as set forth in section 39-50.

(11)

Allow the stand or any other item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property.

(12)

Allow any animals to remain within 25 feet of a stand for a period longer than necessary to complete a sale to the person having possession, or control of said animals.

(13)

No vendor or mobile sales vendor vending from a motor vehicle shall:

a.

Conduct his/her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police or sanitation vehicles.

b.

Stop, stand, or park his/her motor vehicle upon any street, or permit it to remain there except on the roadway at the curb for the purposes of vending therefrom or in instances where there is no curb, off the roadway. In either instance, sales shall be to occupants of abutting property only.

c.

Stop, stand, or park his/her motor vehicle upon any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by statute or ordinance.

d.

Remain in any one place for a period longer than necessary to make a sale after having been approached or stopped for that purpose.

e.

Stop, stand, or park his/her motor vehicle within 20 feet of any intersection, except that vehicles vending products likely to attract children as customers shall park curbside when stopping to make a sale, as close as possible to a pedestrian crosswalk without entering the intersection or otherwise interfering with the flow of traffic.

f.

Vend within a restricted or special vending district.

g.

Vend anywhere prohibited by subsections 39-32(2) through (9) or engage in right-of-way stationary vending anywhere in the city other than a special vending district under the applicable special vending district requirements.

h.

Vend any product other than flowers, plants, or produce.

(Ord. No. 9880, § 1, 9-13-84; Ord. No. 10045, § 1, 9-26-85; Ord. No. 10499, § 1, 10-27-88; Code 1980, § 39-18; Ord. No. 13676, § 2, 4-27-17; Ord. No. 14163, § 2, 4-27-23; Ord. No. 14182, § 2, 6-8-23)

City Code cross references—Parking for purpose of selling merchandise from vehicle generally prohibited, § 35-10(a)(4); towing of vehicles, § 42-101 et seq.