ATTACHMENT 2

ATTACHMENT 2

ARTICLE VI.

SALE OF MERCHANDISE ON SIDEWALKS, PUBLIC STREETS

Sec. 17-76. Legislative findings.

The council hereby finds that:

(a) Increasing the vitality of the Town Center-1 and-2 zoning districts is in the best interest of the citizens of the Town of Chapel Hill and the public health, safety and welfare;

(b) The Town Center-1 and-2 zoning districts are in need of special efforts to enhance their vitality; and such efforts will promote the public health, safety and welfare;

(c) Permitting limited sales of food and non-alcoholic beverages by businesses adjacent to public sidewalks in the Town Center-1 and-2 zoning districts will enhance the vitality of the downtown area of Chapel Hill and the health, safety and welfare of the citizens of the town.

(Ord. No. 95-4-24/O-11, § 1)

Sec. 17-77. General prohibition; exceptions.

Except as otherwise provided in this article, it shall be unlawful for any person to display, by arranging or placing or carrying upon any public street or sidewalk or by placing upon any tree, post, table, or other structure or vehicle situated upon the public right-of-way of any street or sidewalk within the town for the purposes of sale or barter or for any person to sell, rent, offer for sale, or barter any goods, wares, merchandise or commercial products of any kind on any public street or sidewalk within the town.

(Ord. No. 6-22-70, § 1; Ord. No. 6-28-71, § 2; Ord. No. O-81-39, 5-26-81)

Sec. 17-78. Charitable sales.

Civic organizations or other groups engaged in charitable or fund-raising drives for community service may apply directly to the town manager for a temporary permit to display, sell, rent, offer for sale, or barter any goods, wares, merchandise, or commercial products of any kind on the public streets and sidewalks of the town.

(Ord. No. 6-22-70, § 1; Ord. No. 6-28-71, § 2; Ord. No. O-81-39, 5-26-81)

Secs. 17-79--17-81. Reserved.

Editors Note: Ord. of 6-28-71, § 3, amended this Code by repealing §§ 17-79--17-81. Said sections have been reserved for future legislation. Section 17-79 was derived from ordinance of June 22, 1970, § (a); § 17-80 from ordinance of June 22, 1970, § (b); and § 17-81 from ordinance of June 22, 1970, § (c).

Sec. 17-82. Selling adjacent to intersections.

No selling done pursuant to a permit issued under this article shall be permitted within fifty (50) feet of the right-of-way at any intersection.

(Ord. of 6-22-70, § 1(d))

Sec. 17-83. Display on sidewalk permitted.

The holder of a temporary permit under this article may display articles for sale on the sidewalk in such manner as not to block any cross walk or impede the orderly flow of pedestrian traffic on any sidewalk or public street.

(Ord. of 6-22-70, § 1(e); Ord. of 6-28-71, § 4; Ord. No. O-81-39, 5-26-81)

Sec. 17-84. Application of article to sale of article on U.N.C. property, sale of newspapers, magazines and food.

The provisions of this article shall not apply to the sale of any article on private property or on the property of the University of North Carolina, nor to the sale of newspapers or magazines except as to those locations as provided in section 17-85, nor farm products exempted under North Carolina General Statutes 105-53(c), provided such sales do not interfere with or impede the orderly flow of pedestrian or automotive traffic.

(Ord. of 6-22-70, § 2; Ord. of 6-28-71, § 6; Ord. No. 95-4-24/O-11, § 1; Ord. No. 95-5-8/O-1, § 1; Ord. No. 2001-07-02/O-4, § 2; Ord. No. 2002-06-01/O-1, § 2)

Sec. 17-85. Distribution and sale of publications on certain specified blocks.

Any vendor choosing to distribute free publications in the locations listed below shall use the modular newspaper racks provided and maintained by the town in these areas. Individual privately owned free-standing newspaper racks shall not be permitted in the locations listed below for the purpose of distributing free publications.

Any vendor choosing to sell publications in the locations listed below shall purchase a newspaper rack meeting the design guidelines herein described, and shall locate and maintain the newspaper rack in an area designated by the town manager. All newspaper racks used for the sale of publications shall be green metal non-pedestal mounted racks not exceeding twenty (20) inches in width or thirty-six (36) inches in height, excluding top mounted coin slots. These racks shall be free of advertising on all sides excepting the front and top surfaces. Privately owned newspaper racks that do not meet these guidelines or that are not properly maintained, as determined by the town manager, shall not be permitted in the locations listed below for the purpose of selling publications.

(1) 100 block of North Columbia Street; and

(2) 100 block of East Franklin Street, south side.

(Ord. No. 2001-07-02/O-4, § 1; Ord. No. 2002-06-01/O-1, § 1)

Sec. 17-86. General requirements for exceptions to this article.

Sale and offering for sale of food shall be subject to the following requirements:

(a) The sale of food under this article shall be limited to the further restrictions in this article.

Businesses with street frontage in the Town Center-1 and-2 zoning districts may use the sidewalk area in front of their business, or in front of an adjacent property, with the concurrence of the affected property owners, and with the permission of the town manager. The town manager shall determine where sales are permissible on the basis of whether room is available in front of each business to permit at least six (6) feet of clear passage for pedestrians and all other restrictions of this article in addition to the space used for sales. This minimum clear passage width may be increased if the town manager determines it is necessary in specific locations to provide adequate and safe pedestrian flow.

(b) Sales permitted under this article shall be within the Town Center-1 and-2 districts as defined in the Chapel Hill Land Use Management Ordinance and Zoning Atlas.

(c) Chairs and tables and related barriers, approved by the town manager, may be placed on the sidewalk; these tables and chairs and related barriers shall have a maximum height of four (4) feet and shall have a maximum length of five (5) feet and a maximum width of three (3) feet.

(d) Activities authorized under this article shall comply with all applicable laws, ordinances and regulations, including but not limited to those pertaining to noise control, health, fire protection, litter control, business licenses, zoning, signs, and traffic safety.

(e) Activities permissible under this article shall not interfere with or impede the safe and orderly flow of pedestrian and vehicular traffic; shall leave clear for pedestrian traffic a continuous area of paved sidewalk at least six (6) feet wide, or at least six (6) feet of width of normally travelled area if there is no paved sidewalk; and shall leave clear for access purposes an area at least three (3) feet wide next to the curb or edge of public streets where parking or standing of vehicles is permitted.

(f) Sidewalk sales under this article shall not be conducted:

(1) Within ten (10) feet of a fire hydrant, driveway, alley used by vehicles, or of a parking space for handicapped people.

(2) In any manner which damages or endangers any tree or shrub; within the area of a tree grate, fence or other protective device; or in the area of the roots of a tree or shrub if such area is unpaved, and/or within ten (10) feet of the base of the tree or within three (3) feet of the base of the shrub.

(3) In intersection or bus stop areas pursuant to section 17-82.

(g) The chairs and tables and any related barriers placed on the sidewalk must be removed by midnight and may not be placed on the sidewalk prior to 7:00 a.m. The chairs and tables and any related barriers must be removed in inclement weather.

(Ord. No. 95-4-24/O-11, § 1; Ord. No 95-5-8/O-1, § 1)

Sec. 17-87. Variances permitted.

Where the manager determines that strict compliance with any dimensional regulations (including those related to the size of furniture) of this article would preclude use of the sidewalk for sidewalk sales otherwise permitted and further determines that a variance from the strict dimensional requirements would not in a specific case substantially interfere with the public's use of the sidewalk or the rights of adjoining property owners, the manager may grant variances of up to twenty (20) per cent of any dimensional regulation.

(Ord. No. 95-4-24/O-11, § 1)

Sec. 17-88. Sidewalk sales by downtown businesses.

A business in the Town Center-1 and-2 zoning districts which (a) occupies building space at street level and (b) immediately fronts on and shares a common boundary with a public sidewalk, or is separated from such sidewalk only by landscaped areas, may, upon receipt of a permit from the town, sell food on the portion of the sidewalk directly in front of and nearest each business's respective space within the building or in front of an adjacent property with the concurrence of that property owner subject to the following:

(a) If two (2) or more businesses with street level frontage occupy the same property, each shall be limited to the portion of the sidewalk directly in front of and nearest each business's respective space within the building or in front of an adjacent property with the concurrence of that property owner.

(b) Use of the public sidewalk area under this section shall not obstruct the entrances or exits of any building, and shall not interfere with or impede the safe and orderly flow of pedestrian traffic.

(d) A business permitted to sell under this section may only sell food and non-alcoholic beverages and may not assign or delegate its space or authority under this section to other persons.

(e) A business which vacates a building location shall not use the public sidewalk in front of such location.

(f) A business which occupies no building space at the street level shall not conduct sidewalk sales under this section.

(g) Before conducting sidewalk sales under this section, the business shall agree to indemnify the town from any damages or claims and shall provide evidence of a general liability insurance policy, which policy names the town as an additional insured, with minimum liability coverage of one hundred thousand dollars ($100,000.00) per person bodily injury; three hundred thousand dollars ($300,000.00) per occurrence bodily injury and twenty-five thousand dollars ($25,000.00) per person occurrence property damage.

(h) The town manager reserves the right to revoke the permit to place tables and chairs and related barriers on the public right-of-way, if any conditions of approval are not met, and to temporarily suspend permits during times of special events in the downtown area.

(Ord. No. 95-4-24/O-11, § 1; Ord. No. 95-5-8/O-1, § 1)

Sec. 17-89. Reserved.

Sec. 17-90. Application requirements and procedures.

The town manager may prescribe application requirements and procedures.

(Ord. No. 95-4-24/O-11, § 1)

Secs. 17-91--17-95. Reserved.