The purpose of this chapter is to provide a procedure by which certain specific temporary uses may be approved which may require special investigations or require that certain conditions be attached in order to preserve the public peace, health, safety or welfare of the city or its inhabitants.

(Ord. 485 § 8(part), 1994).

A.

For the purpose of this chapter, "temporary use" means an activity of less than thirty days in duration.

B.

No person shall operate and no business license shall be issued for any of the following temporary uses until a permit has first been obtained therefor, in writing, for such use pursuant to the provisions of this chapter:

1.

Antique, coin, stamp, gem, art shows, etc., within property zoned and developed buildings;

2.

Auctions;

3.

Automobile rallies;

4.

Carnival, circus or any related ride, booth or attraction or other device attractive to children;

5.

Christmas tree sales;

6.

Special attractions within properly zoned and developed buildings;

7.

Dog/cat shows (within public parks: further subject to the requirements of the recreation department);

8.

Mobile health services/marketing surveys;

9.

Special event sales in parking lots and/or private sidewalks, bake sales, rummage sales, etc., limited to not more than three consecutive days in duration, nor more than three events per calendar year (but excludes residential garage sales). Limited to nonprofit charitable organizations and those merchants with a permanent location on the site where the special event sale is to be held;

10.

Trailer, night watchman, in conjunction with approved Christmas tree sales, fireworks stands, etc.;

11.

Pumpkin sales;

12.

Parades, marching bands/practice for and participation in;

13.

Curb painting, limited to nonprofit charitable organizations;

14.

Special promotions, parachute drop, searchlights, concerts, etc.; and

15.

Swap meets.

(Ord. 485 § 8(part), 1994).

An application, provided by the planning department, shall be submitted to the director a minimum of thirty days prior to the inception date of the requested use. The application shall be signed and verified by the applicant and set forth the following:

A.

The name, address and telephone number of the applicant;

B.

The name, address and telephone number of persons employed, if any;

C.

The address and location where such activity is to be conducted;

D.

A brief description of the nature and amount of equipment or product to be used in such activity;

E.

A written authorization from the property owner or his or her agent acknowledging and permitting such activity;

F.

If activity is not within a permanent building, two sets of plot plans describing the location of the use, pedestrian and vehicular circulation in and around the subject area shall accompany the application;

G.

A personal description of the applicant, with evidence of the identity and any other information that the city deems necessary to properly evaluate the application.

(Ord. 485 § 8(part), 1994).

A.

The director shall immediately forward copies of the application and any attachments to every city department which would or could be affected by such use.

B.

Each such department shall investigate and respond in writing to the director with recommendations on the application within fifteen days of transmittal thereof.

(Ord. 485 § 8(part), 1994).

A.

Except as otherwise provided in this code, the director, after investigation of the application, may approve, conditionally approve or deny a permit. The director shall have the right to refuse to issue such permit if he or she determines that the granting of same or the conduct of the business will be contrary to the preservation of the public peace, health, safety or welfare of the city or its inhabitants.

B.

If such permit is granted, the director may impose such terms, conditions and restrictions upon the operation and conduct of such business, not in conflict with any paramount law, as he or she may deem necessary or expedient to protect the public peace, health, safety or welfare of the city or its inhabitants.

(Ord. 485 § 8(part), 1994).

Any applicant for such a permit who is denied a permit by the director shall be entitled to appeal such decision to the planning commission by a written request filed with the city clerk within ten days of notification of the decision by the director. Appeals shall be conducted and processed in accordance with this title.

(Ord. 485 § 8(part), 1994).

Whenever the director determines that a use authorized hereunder is being or may be conducted in violation of the conditions of approval thereon, or in violation of any provision of this code or other law or regulations, the director may initiate revocation proceedings pursuant to this title.

(Ord. 485 § 8(part), 1994).

It is unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provisions of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.

(Ord. 485 § 9, 1994).

The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. 485 § 10, 1994).