HomeMy WebLinkAbout2011-OR-75 2011.0R- ^ [,n
•
BEFORE THE
CITY OF JEFFERSONVILLE COMMON COUNCIL
AN ORDINANCE REPEALING 2000- OR -25, 2000 -OR -26 AND 2010-0R I
REGULATING TRANSIENT MERCHANTSNENDORS DURING THUNDER OVER
LOUISVILLE
WHEREAS, the Common Council of the City of Jeffersonville is the city legislative
body and is by Indiana law authorized to adopt ordinances and resolutions concerning the
general public welfare of the residents of the City of Jeffersonville;
WHEREAS, the Thunder Over Louisville event takes place among other places along
Riverside Drive in the City of Jeffersonville;
WHEREAS, various solicitors, peddles, and merchants have attended the event and
offered goods and services to the people attending the event;
WHEREAS, requiring theregistrationofsolicitors, peddlers, and transient merchants may
protect the event attendees within (he City of Jeftbrsonvilk nem conduct that endangers their
health, safety and welfare during Thunder Over Louisville;
WHEREAS, the Common Council of the City of Jeffersonville desires to protect the
residential integrity of Riverside Drive during Thunder Over Louisville;
WHEREAS, the City of Ieffersonville (the "City"), a City formed and operating under
the laws of the State of Indiana, is permitted to establish ordinances to protect the health, safety
and general welfare of its residents; and
WHEREAS, Indiana Code section 25 -37 4 grants Indiana cities the authority to tax,
License, and regulate transient merchants and charge a fbe from the transaction of business by
transient merchants; and
WHEREAS, hndiana Code section 25-37-1 grants Indiana cities the authority to
provide for punishment of violators of the Cit9s regulation of transient merchants;
NOW THEREFORE 8E IT ORDAINED by the Common Council of the City of
Jeffersonville, Indiana, that
SECTION I: PURPOSE
The purpose of this ordinance is to protect the public health, safety, and welfare of the City of
Jeffersonville by the regulation, licensing, and control of solicitors, peddlers, transient
merchants and similar sales persons conducting business during Thunder Over Louisville
within the City ofjeffersonvilk.
SECTION IL DEFINITIONS
The following definitions shall apply unless otherwise indicated herein:
a) Applicant. A person or Entity that submits an Application.
b) Application. An application issued by the City of Jefbrsonville Department of Planning
and Zoning for the purpose of obtaining an Event Permit.
c) Entity. Any ihm, partnership, corporation, limited liability company, or other business
organization or association.
d) Event Area. Shall consist of the entire area boarded by Market Street and the Ohio River
on the north and south, and US Highway 31 and Walnut Street on the east and west. This
area shall be the activities of Thunder Over Louisville shall take place each year within the
City of Jeffersonville;
c) Event Permit, The license required of every Transient Vendor operating within the Event
Area during Thunder Over Louisville.
t) Private Property, All real property not included within the definition of Public
Property/Place.
g) Public Property/Place. Any place, property, or premises dedicated to public use, owned
by the City of Jeffersonville, occupied by the City ofJeffersonville as a lessee or by reason of
an easement (e.g., streets, parks, parking lots, etc.).
h) Transient Vendor. A Transient Vendor is:
1. Any person or Entity, whether as owner, agent, or employee, that provides goods
or services during Thunder Over Louisville at a location within the Event Area That is not
hislhethts regularly established place of business; or •
2, Any person or Emily, whether as owner, agent, or employee, that provides goods
or services from a vehicle or other conveyance within the Event Area during Thunder Over
Louisville.
SECTION Ili: EVENT PERMIT APPLICATION PROCEDURE
a) Applicability. It shall he unlawful for any person to engage in the business of being a
transient merchant as defined in Section 11 of this ordinance, within the designated Event Area,
without first obtaining a permit therefor, as provided in this Section. Every Transient Vendor
is required to tender an Application in writing and under oath for an Event Permit which is
subject to tho procedures of this Section.
b) Application. A'Tlansient Vendor shall submit an Application for each site and/or vehicle
from which it will conduct business. A standard form for the Application shall be issued by the
City ofieffersonvllle Department of Planning and Zoning and such Application shall include:
1) The Applicant's name, address, and telephone number,
2) If a person, his or her date of birth and social security number;
3) Iran Entity, its date of incorporation or organization, state of incorporation or
organization, the date on which it was qualified to transact business in the State of
Indiana, and its registered agent's name and address;
4) If an Entity, the name, date of birth, and social security number ofany and all
persons who will be acting under the Applicant's permit within the Event Area.
5) A brief description of the nature of the business which the Applicant wishes to
conduct in the Event Area and the products or services to be sold or rendered;
6) The location within the Event Area at which the Applicant desires to operate;
7) if the location is Private Property, then a written statement from the owner of the
Private Property authorizing the Applicant to conduct business;
8) If a motor vehicle, trailer, or other conveyance is used by thc Applicant, then the
current license number of the vehicle or trailer, and other identifying information that
the City's Department of Planning and Zoning deems necessary, including but not
limited to: the vehicle's valid registration and pivotal insurance;
9)1f the Applicant's business requites the use of water, gas, electricity, or other power
source to operate, then a brief description of the Applicant's own power source or thc
outlets or other resources the Applicant will require;
10) If the Applicant will be selling or otherwise distributing food then a copy of its
Clark County health Department permit;
1 1) If the Applicant's proposed location Is within property owned or managed by the
City of Jeffersonville Parks Authority, then a copy ofa letter of approval from the City
ofle$brsonville Parks Authority;
12) If the Applicant intends to produce any type of spark, fame, or fat in the course
of its business, the a copy of an open burning permit issued by the City of Ieffersonvi0e
Fite Department;
13) A. statement whether an Event Permit, under the provisions of this Ordinance, was
previously denied or revoked which includes the details thereof; and
14) Any additional information or documentation the City's Department of Planning
and Zoning deems necessary for review of the Application.
c) Application/License Fee, An application fee in an amount determined annually by the City
of Jeffcroonville Board of Public Works shall be tcrdcred with each Application. Upon the
approval and issuance of an Event Permit to an Applicant, a fee shall be assessed In an amount
determined annually by the City of Jeffersonville Board of Public Works. All
Application/License Fees collected by thc City of Jeffersonville under this Ordinance shall be
deposited in the City's Non - Reverting Thunder Fund.
d) pee Exemption. An Applicant may be exempt or haw the Event Permit foes waived in the
foltowing instances:
I) Any veteran who meets the requirements under Indiana Codc suction 25- 25 -2 -1.
2) Upon written request by the Applicant and approval by the City the Jeffersonville
Board of Public Works.
3) The City of ieffersonvil le Board of Public Works may waive the
Application/License Fee %r any charitable or nonprofit organization. Additionally, the
•
Board of Public Works may waive the ApplaationVLicense Pees for any person or
entity wishing to conduct business exclusively on private property.
e) Application Review. The City of Jeflbrsonvil a Planning & Zoning Department shall review
all timely received Applications.
1) Dcnlal of Application. An Application may be denied or revoked for any of the
following reasons:
A) The Application does not include all htformation or documents required
under this Section;
B) Any Applicant who does not have a fixed location or does not have the
capability to operate from a motor vehicle or similar conveyance (i.e., "walking
vendor ");
C) Any person who will participate in the Applicant's operations within the
Event Area has any felony or misdemeanor conviction for the following:
(i) Sex crimes;
(11) Drug - related crimes;
(iii)Crimes against children and/or vulnerable adults;
(iv) Any other criminal offenses directly related to fitness for an Event
Permit;
D) Discovery of facts supporting lack of bushiness responvblity or discovery of
any legitimate reason that an Applicant presents a risk to the attendees of
Thunder Over Louisville if permitted to operate as a Transient Vendor,
E) Noncompliance with any applicable City of Jeffersonville ordinance or
regulation or any state law, rule, or regulation; or
P) Nonpayment of an civil penalties for previous violations of this Ordinance;
The City of Jolersonville Departnnent of Planning and Zoning shall send a
written notice to the Applicant upon a determination that an Application is
denied under this Suction.
2) Approval and Issuance. Unless the Application is denied under this Section, the City
of Jeftersonvillc Department of Planning and Zoning shall approve the Application and
issue an Event Perrnit to the Applicant.
3) Appeal of Denial. An Applicant may appeal the denial of an Application by
tendering, within ten (10) days of the receipt ofa letter ofdenial issued by the City of
Jeffersonvlle Department of Planning & Zoning, a written statement to the Board of
Public Works requesting a review of the Department's denial with a copy of the
Application, a copy ofsaid letter ofdenial, and a statement setting forth the reason(s)
the Applicant believes the denial was improper. The decision and order ofthe Board of
Public Works on such appeal shall be final and conclusive.
SECTION IV; CONDITIONS UPON EVENT PERMIT
a) Indemnity. As a condition of issuance of an Event Permit, a Transient Vendor shall agree
that the City of Jefllrsonville and its officials ( "City") are to be hekl harmless from any liability,
loss, or other damage That may arise from activities connected with or undertaken pursuant the
Event Permit; detbnd the City in any such actions; and othenwso indemnify the City.
b) Nontranskrable. The Event Penult is nontransferable except to a successor entity of the
. Applicant.
c) Duties of 'transient Vendor. Any Transient Vendor That is issued an Event Permit has a
duty to:
1) Post the Event Permit in plain view while operating in the Event Area unless the
Transient Vendor's mode of operation prohibits posting the Event Permit (c.g., no fixed
location);
2) Exhibit the Event Permit whenever requested to do so by
A) Any law enforcement official;
B) A City ofioffersonville Official; or
C) Any personwho approaches IheTransient Vendor for the purpose ofengaging
in or carrying on business
SECTION Y: VENDING AREA
It shall bo prohibited fbr any Transient Vendor to engage in any business along the 200, 300 or
400 blocks of West Riverside Drive within the event area.
111e Vending Area shall be any place designated by the Planning and Toning Department, within
the Event Area, not excluded in this Section. Moreover, for emergency access purposes, any
streets wherein the Planning and Zoning Department deem to be "Vending Aura ", it shall be
impermissible to havo vending stathons along both sides ofsaid street. Any such vending stations
shall only be along one side of any given street. The Spring Street corridor shaft be the only
exception, wherein the Planning and Zoning Department shallhave vending stations on both side
of the street.
SECTION VI: STANDARDS OF CONDUCT
All'Itansient Vendors shall conform to the following standards ofoonduct:
a) Transient Vendors shall conduct themselves at"all times in an orderly and Sewall manner
and shall not violate any City of Jeffersonville ordinance or regulation or an state law, rule, or
regulation;
b) Transient Vendors shall not expose any attendees within the Event Area to any undue
safety or health hazard;
c) Transient Vendors shall comply with any requirements mandated by the City of
Jeffersonville in regard to location of operations; proximity to other Transient Vendors,
certain Private Property, certain Public Parks/Places, or other persons or Entities operating
within the Event Aroa in the regular course of business; or other matters related to health,
safety, and welfare of citizens and other Thunder Over Louisville attendees.
d) No Transient Vendor shall utilize any electrical outlet in a Public Park/Place while in
operation except as provided by the City of Jeffersonville Department of Planning & Zoning
upon issuance of an Event Permit;
e) Any motor vehicle, other conveyance, or tampomry stand shall be equipped with at least
one (I) 2A•40 BC fro extinguisher with a current dated tag affixed thereto;
f) Transient Vendors shall provide waste receptacles emptied so often as to reasonably prevent
littering. Transient Vendors shall not utilize City of Jeffersonville waste receptacles.
g) At the conclusion of operations in a location within the Event Area, the Transient Vendor
shall clean the arca surrounding its location of all debris, trash, and litter generated by such
operations; and
h) Transient Vendors shall not discharge liquid waste in or on a stonuwater or wastewater
sewer or drain or in Public Park/Place. Liquid waste shall not be discharged on Private
Property without the express written consent of the owner of such property.
SECTION VII: REVOCATION
An Event Permit may be revoked by the City of Jeffersonville upon the occurrence of
a) A breach of any condition upon the Event Permit contained in Section IV of this Ordinance;
b) A failure to adhere to the standards of conduct contained in Section VI of this Ordinance;
c) Any other violation of this Ordinance or applicable law or ordinance;
d) Making a false statement in the Application for an Event Permit; or
e) Any change of fact or circumstance that causes a Transient Vendor to be disqualified for the
issuance of an Event Permit an Event Permit is revoked, the Event Permit must bo surrendered
to the City of Jeffersonville. A Transient Vendor may appeal the revocation of an Event
Peron by tendering, within ten (10) days of such revocation, a written statement to the Board
of Public Works requesting a review of the City's revocation and the reason(s) that the
Transient Vendor believes such revocation was improper. The decision and order of the Board
of Public Works on such appeal shall be foal and conclusive.
SECTION VIII: PENALTIES
a) A Transient Vendor or any other person or Entity that conducts business without an Event
Permit and not in Its regularly established location is subject to a fine not to exceed Two
Hundred and Fifty Dollars (3250.00) issued by any City of Jeffersonville Code Enforcement
Official or any law enforcement official;
b) A Transient Vendor whose conducts business within the Event Area after the revocation of
its Event Permit shall be subject to a fine not to exceed Five Ikundred Dollars ($500.00) issued
by any City of Jeffersonville Code Enforcement Official or any law enforcement official;
•
c) Any Transient Vendor, or any other person or Entity not operating within its regularly
established location, that raised to cease operations within the Event Area after a request
from any law enforcement officer, or City of Jeffersonville Codo Enforcement Official is
subject to a fine not to exceed Two Hundred and Fifty Dollars ($250.00) issued by any City of
Jeffersonville Code Enforcement Official or any law enforcement official;
d) All citations issued by the City of Jeffersonville shall establish the dato and time they are to
appear before the Jeffersonville City Court, to answers as to the alleged violation;
e) All fines issued pursuant to this Ordinance shall be collected by the City's Code
Enforcement Division with the assistance of the City Attorney if needed.
SECTION IX: EFFECT OF CESSATION OF BUSINESS
No deductions shall be allowed from the fee for an Event Permit pursuant to this Ordinance
for any part of the term of which the licensee dots not engage in such business.
SECTION X: SEVEEAEILITY
The provisions of this Ordinance are declared to be severable. if any section, sentence, clause,
or phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional by a
court of competent jurisdiction, such decisions shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance, but they stall remain in effect.
SECTION Xi: EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage by the Common
Council of the City of Jeffersonville, approval of the Mayor and publication in accordance with
the law.
•
Presented by me as Clerk Treasurer to the Mayor this 0 36 tA day of iatee.„th,L
2011. nn y�
Pegglder
Clerk Treasurer
This, Ordinance approved and signed by me this if day of
QZe1e� Otu, , 2011.
Alt
omas R. Gal ig:
Mayor
•
/QS Peg tlder
Clerk Treasurer