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HomeMy WebLinkAboutORD 3222-ABILL NO. 30 ORDINANCE NO. 3222-A AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING ORDINANCE NO. 3222, BILL NO. 30, PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL ON JULY 1ST, 2019; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Section 3 of Ordinance No. 3222 be repealed and replaced with the following: 06-05-07: LICENSE APPLICATION: (1) Application for a license to be issued under the provisions of this article shall be made to the city clerk and shall state: A. The name and address of the applicant and all persons associated with him or her in his or her business. B. Whether the license is desired for a Peddler or a Door - to -Door Salesperson. C. The specific type and scope of the business which the applicant wishes to engage in. D. A general description of the thing or things to be sold. (6) If a motorized or non -motorized cart or unit is intended to be used in any way by an individual as they engage in the activities licensed under this chapter, a picture and description of said cart or unit shall be included with the application. (77) If the sale or advertising of the applicant's goods is made from a motor vehicle, then the applicant must submit an official Idaho driver's license record, obtainable from the Idaho transportation department, and issued within thirty (30) days prior to the city clerk's receipt of the application. (Ord. 2850, 12-6-2010, eff. 1-1-2011) (8) If the applicant is a non-profit entity, wishing to conduct fundraising activities within cijy right- of-way_ they may apply for a license under this chapter by means of a separate application which shall be provided by the City Clerk. To the extent that they would otherwise apply, the requirements of this chapter, or any other chapter of Caldwell City Code, shall be made applicable to such non-profit activities on a case-by-case basis, subject to the discretion of the City Clerk. Any license issued under this special provision shall be for a period of time not exceeding six consecutive hours, and the license shall specify the day or days on which said license may be exercised. Section 2. That Section 4 of Ordinance No. 3222 be repealed and replaced with the following: 06-05-08: LOCATION RESTRICTIONS: No licensee shall have any right to any fixed, regular, or established location in a public street or right of way, nor shall he be permitted to conduct his business in any congested area where his operations might impede or inconvenience the public. The judgment of a police officer is deemed conclusive as to whether the area is congested or the public is impeded or inconvenienced. No business activity shall be carried on in any area of the city by any licensee where such business activity is prohibited by the city zoning code. No licensee shall be permitted to conduct his business or trade in or on any city park, building or adjacent grounds. (Ord. 2253, 10-19-1998) During special plaza events, the Plaza Operator, as identified in the then -controlling Memorandum of Understanding for the Overall Supervision and Management of the Indian Creek Plaza, shall have the authority to authorize and control all Peddling within the area located between 5th Avenue, 10th Avenue, Union Pacific Railroad, and Blaine Street in downtown Caldwell, said control extending along both sides of any street constituting a boundary of said area. The City Clerk may override the aforementioned authority on a case-by-case basis. The Plaza Operator shall require all Peddlers to provide proof of appropriate insurance to the Plaza Operator prior to commencing their peddling. No licensee shall operate within a Parade Route. Section 3. That Section 7 of Ordinance No. 3222 be repealed and replaced with the following: 10-02-13: TEMPORARY USE MERCHANTS, TRANSIENT MERCHANTS, BUSINESS PERMITS AND SPECIAL EVENTS: (2) Definitions: As used in this section, the following terms shall have the following meanings: BUSINESS PERMIT: A permit issued by the planning and zoning department signifying a business is an allowed land use in the zoning district in which the business is located and/or that the business is a legally nonconforming land use. PARADE ROUTE: The streets upon which a city sanctioned parade, per Caldwell City Code Section 09-13-01, shall be travelling, and the area within five -hundred (500) feet of the center -lines of said streets. The Parade Route shall be- deemed to exist for the t yegt - four (24) hours immediately prior to the start of a -parade, during a parade, and for the twenty-four (24) hours immediately following a parade. MOBILE FOOD UNIT: A vehicle or a readily portable structure solely for the purpose of the. preparation and sale of food and beverages. As an accessory use. located on the same lot and in conjunction with an allowed use; or located on'd lot independent of another use. Unless specifically excepted, Mobile-food_units shall be subjectto all provisions -set forth in this section, 10-02-13. (3) Temporary Use And: Transient Merchant Facilities Regulations: All temporary uses and transient merchants and associated facilities shall be subject to the following conditions and regulations: A. No person shall engage in the temporary use of land or construct, place, or set up a "temporary use facility" or "transient merchant facility" as defined herein, without first. procuring a temporary use or transient merchant license. B. The .license shall not. allow for placement of any temporary use facility, ' transient merchant facility or sign within a -street, vision triangle, requited, etback area, dedicated trash dumpster location, sidewalk, public. right-of-way, street landscape buffer area, or any other position on a lot which may substantially interfere with vehicle or pedestrian circulation, emergency access or -the normal functions of other uses on the property, or be potentially hazardous to the public.. Placement of any. and all facilities and - signage associated with a temporary use or transient merchant must be on private property, outside of any street landscape buffer areas, in any commercial. zone or industrial zone. C. The license -shall not allow for the placement of any- TeMporary Use .Facility, Transient Merchant Facilitv �or Sign within a Parade Route, except that when: said uses are fullX licensed and certified for operation in a certain location, and a subsequently"arising parade route will include said location, said usesshall not be ' required. to cease operation or to . move. C -D: The written permission of and indemnification: by the property owner or owners on a form provided:by the City shall be required -in order to operate a temporary use facility or transient merchant facility on property within the City. DE. The proposed temporary -or transient merchant use shall be commercial: in nature and: in conformance with the zoning district within Which.it is to be located except commercial uses may be located in industrial zones. FF. A temporary use or transient merchant license shall -not exempt or otherwise excuse the applicant. from complying with all other, applicable city, county, state or- federal . regulations pertaining to the type of activity the applicant will. be conducting under such: . license. Applicants for temporary uses who will serve food or beverages shall first procure a permit- from the Southwest district health department to ensure compliance with applicable health regulations. F.G. Every person who receives a temporary use or transient merchant license shall clean up all garbage -or debris caused by his or her temporary .use facility or transient merchant facility, and shall cleanup within a twenty foot (20') radius of the temporary use facility or transient merchant facility both daily and immediately upon cessation of such use. CH. All temporary use facilities and transient mercharit'facilities shall be maintained and remain in compliance with all applicable city, county,: state, and. federaF regulations,. including, without limitation, fire, building; and : ; electrical codes as well as :health regulations, during the life of the temporary use or transient merchant license. III: Temporary use facilities and transient merchant facilities shall be located on a noncombustible .surface and must be at least twenty -.five feet (25') away from combustible materials. U.. Temporary use facilities and transient merchant facilities shall comply- with the -following: 7. No temporary use or transient merchant shall engage in the sale of any weapons. J& Anyone operating a temporary use shall- do so in a manner that does not create excessive noise, light, dust, nuisance or other detriment -to the, quiet enjoyment of property in the vicinity. KL..Anyone engaged in a temporary use or transient merchant use shall only be allowed. to engage in their business between the hours of eight o'clock (8:00) A.M. and tern, o'clock (10:00) P.M. LM. Any barbecue grill/range associated with a temporary use, must, be enclosed and - permanently built into the temporary use facility. A range/hood fire suppression system . must be utilized;.unless� alteinate mitigation is approved by the fire, department. :MN. Unsecured menu boards or sidewalk signs in public right :of way, street buffer. landscape areas, and vision -triangle areas are prohibited. All signage must be affixed -to the temporary use facility or transient merchant facility or located immediately adjacent to the: temporary use facility or transient merchant facility on private property with the permission of the property owner. NO.-- Temporary. -use facilities -and transient merchant facilities shall have a clean appearance at all times. . 8P: Temporary use facilities and transient merchant facilities must at all times be parked in a legal manner. Vending operations shall be conducted only to pedestrians unless drive- - up service .is permitted by . the planning and zoning director or his/her designee. The - : applicant shall be required to submit a site plan: indicating the location of the. drive -up service and how it will affect pedestrian traffic on the site. (Ord. 2749, 8-18-2008) gO.: Temporary use facilities and transient merchant: -facilities: -must provide a sanitary -sewage treatment plan. Wastewater may: not be dumped or discharged on the premises; adjacent properties, or public right-of-way: If the applicant proposes the use of any sanitary sewage facilities located on private property, written. permission from the property owner must be obtained. QR. Temporary fireworks stands and fireworks sales are regulated under section 08-13-01 of this Code. RS. No licensee hereunder shall: ST. Mobile food units, as defined in section 10-03-11 of this chapter and as a permitted use ;n the Gity Center Di t -flet and in other- zoning distr-i as indicated in the land use schedule located in section 10-02-02 of this article, shall comply with all requirements of a temporary use excepting the following: 1. Mobile food units do not have the six (6) month time maximum and may operate from a permanent location as long as they wish provided they are in compliance with applicable requirements; 2. Mobile food units are issued a certificate of compliance by the Planning and Zoning Department, not a lieens^ 4efn the City Gler-''s Offiee. Mobile food units must renew their certificate of compliance on an annual basis otherwise they will expire. Mobile food units are subject to scheduled or unscheduled inspections at any time by applicable City, State or Federal agencies. Mobile food units who leave their permanent location as identified on the issued certificate of compliance and set up in a new location must notify the City Planning and Zoning Department and provide written approval from the new location's property owner prior to their relocation. Mobile food units are allowed certificates of compliance for multiple sites at one time provided a schedule of locations and times at locations is submitted to the Planning and Zoning Department to be kept on file with the application. References within this Section to licenses shall also apply to certificates of compliance. (Ord. 3156, 7-16-2018) (4) During special plaza events, the Plaza Operator, as identified in the then -controlling Memorandum of Understanding for the Overall Supervision and Management of the Indian Creek Plaza, shall have the authority to authorize and control all Mobile Food Units and Temporary within the area located between 5th Avenue, 10th Avenue, Union Pacific Railroad, and Blaine Street in downtown Caldwell, said control extending along both sides of any street constituting a boundary of said area. (k5) Inspection And Qualifications For License: A. At the time of filing an original application, an adult applicant shall pay the application fee to the Planning and Zoning Department. The application fee for any temporary use or transient merchant use or mobile food unit shall be set by resolution of the Council. Applicant shall also bear the actual costs of necessary inspections. The appheant shall also transient merehant use. Said lieense fee shall be set by r-eselution of the Couneil. C. The Planning and Zoning Director or his/her designee shall review an application for completeness and compliance with applicable City codes and shall distribute the application to the Fire Department for purposes of scheduling and conducting a fire safety inspection. When the fire safety inspection has been passed and all other required attachments have been received, reviewed and approved, the City Clerk shall issue a liee s -e fa. ^r *,., nsieo i ,.^hant rdthe planning and zoning office shall issue a . certificate of compliance for any mobile food units, that the applicant must display on the temporary use or transient merchant use facility or mobile food unit and facing a public street through the duration of the license's or certificate's life. (Ord. 2865,6-20-2011) D. To determine the suitability f prospective applicants for a license or certificate of compliance under this article, pursuant to Idaho Code section 67-3008 and to congressional enactment Public Law 92-544, each applicant shall request from the Idaho state police, bureau of criminal identification, a fingerprint based national background check, understanding_ that said fingerprints will be submitted to the federal bureau of investigation, and directing that the results be sent directly to the city clerk of the city of Caldwell. The city clerk is authorized to receive said -criminal history information for the purpose of :evaluatingthe he applicant's fitness for licensing under this article. As required by state- and federal law, further dissemination or other use of the criminal history information is'. prohibited. Provided, however, that any applicant who is under the age of eighteen 18) the time of .application, shall not be required to request .said fingerprint based national to E. No person shall be issued a license or certificate of compliance when that person: 1. Would `not be of sufficient age to be' considered lawfully employable under title 44, chapter 13, of the Idaho Code, or other applicable state or federal laws; 2. Is required to register as a sex offender, pursuant to the sexual offender registration notification and community right -t6 -;know act, Idaho Code section 18- 8301 et seq., and/or the juvenile sex offender registration notification and community right -to -know act,.Idaho Code. section 18-8401 'et.seq.; 3. Has ever been convicted of or pled guilty to anyviolent felony offense, including, but not limited, to, - aggravated assault, aggravated battery, robbery, homicide, aggravated arson, kidnapping, stalking, rape or an fav of asexual •nature; 4. Has been, within ten (10) years prior1 the date of making application for such . license, arrested for, charged with, convicted of, paid -any fines, ' been placed on . probation, received a deferred sentence, received a withheld judgment, .completed any sentence of confinement, or suffered the forfeiture of a bond for any felony, or for any misdemeanor which, if committed in the state of Idaho, would have constituted a felony; 5. Has been, within five (5) years'prior to .the date of. making_ application for such license, arrested for ; charged with, convicted of, paid ariy fine, been placed on probation, received a deferred sentence, received a withheld judgment, completed any sentence of confinement, or . suffered the: forfeiture of a bond for any misdemeanor, involving: i.: The use of. force against the -persons or property of another; ii. The -threat .of force against the persons or property of another;. iii. Theft or larceny; iv._ The use, possession or sale of illicit drugs; v. Possession of a concealed weapon; vi. Illicit sexual, lewd or obscene activity or materials; including, but not . limited to,. violations of Idaho Code sections 18-919, T8-1515, :18-4103 through 4105; or 18-4116; vii.. Stalking, telephone harassment, or violations of protection orders or do not contact orders; or viii. Contributing to the delinquency of a minor. If a person fails to qualify for license or certificate of compliance for the sole reason that they have been arrested for or charged with a felony or enumerated misdemeanor .under subsection (2LD or (2)E: of this section, and the person can provide proof to the satisfaction of the police chief that such arrest did not result in charges or any charges filed were dismissed or resulted in acquittal, the city shall issue a license if the person otherwise qualifies. {�6) Exemptions. The provisions of this section shall not apply to: (67) Expiration Of License: All licenses issued under the provisions of this section :shall expire on the date specified in the license. (Ord. 2749, 8-18-2008) (78) Business Permits: (9) Penalties: Failure to abide by the' provisions of this Section will result in the revocation of any license or certificate of compliance issued under this Section and the disqualification from applying for anew license or certificate of compliance for a period of.365 days. Anyone operating:. any Temporary Use or Mobile Food Unit without having first obtained a license or certificate of compliance shall be issued a fine in the amount of $100: A: third offense of operating without' a . license or certificateof compliance shall .constitute .a misdemeanor, punishableas set out in Caldwell City Code, Chapter 1, Article 1, Section 01-01-05. Section 4. 'This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 5. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before - the declaration of partial invalidity. -Section 6. All.ordinances, resolutions, orders and parts thereof in conflict herewith are: repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 3`d day of September, 2019. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 3`d day of September, 2019. ATTEST: Mayor Garret Nancolas City Clerk (or Deputy