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HomeMy WebLinkAbout94-37 - Amending Section 10.08.030 of the Newport Beach Municipal Code Regarding Use of Streets and Sidewalks for Commercial PurposesORDINANCE NO. 94 -37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.08.030 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING USE OF STREETS AND SIDEWALKS FOR COMMERCIAL PURPOSES. The City Council of the City of Newport Beach does hereby • ordain as follows: SECTION 1: Chapter 10.08 of the Newport Beach Municipal Code is amended to read: 10.08.030 Use of Streets and Sidewalks for Commercial Purposes. (A) Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. (B) Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, •material, merchandise or for other commercial purposes in the following cases: 1. For the transmission of water, sewer, gas, electricity, television, radio signals or similar substances or activity pursuant to franchise granted by the City Council in accordance with the City Charter, City Ordinance or State Law; 2. For displaying newspapers and periodicals for sale subject to compliance with the provisions of Chapter 5.70 of the Newport Beach Municipal Code; 3. For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 and the storage is consistent with provisions of the Uniform Building • Code; 4. For the temporary display and sale of goods and /or merchandise by an association of businesses adjoining any street or sidewalk provided a permit is issued pursuant to Chapter 12.62 and the sale is consistent with Council Policy; -1- 5. For the temporary sale or display of goods or merchandise in conjunction with a special event for which a permit has been issued by the City Manager or designee pursuant to Chapter 5.10 and the City Council has approved a resolution of street closure pursuant to authorization granted by the California Vehicle Code; 6. For the conduct of special celebrations, sporting events • or similar activities involving a non - profit corporation, non- profit association, community organization or similar entity provided a permit is issued by the City Manager or designee pursuant to Chapter 5.10 of the Newport Beach Municipal Code, the City Council has adopted a street closure resolution pursuant to the authority granted by the California Vehicle Code and, the event, celebration or activity is consistent with Council Policy. (C) Sales, events, celebrations or other activities authorized by this Section shall be conducted in strict compliance with the following: 1. In no event shall any street or sidewalk closure prohibit •members of the general public from accessing any business or residence; 2. The commercial activity authorized by subsection (B)(4) shall be permitted no more than twice per calendar year; 3. The commercial activity authorized in subsection (B)(4) and (B) (5) shall not be permitted in any residential zoning district; 4. Sales or events requiring street closures shall be limited to 7 days or less; 5. The event sponsor may charge members of the general public for access to the event or celebration, but the sponsor shall utilize a procedure which allows members of the general • public, without fee or charge, to access any property or structure within the area impacted by the closure; 6. The sponsor of the event shall provide, at the sponsor's sole cost and expense, all security personnel and traffic control equipment required by the City Manager or designee; -2- 7. The sponsor of the celebration or event shall provide proof of liability insurance adequate to protect the City with the City designated as an additional insured. (D) The sponsor of any event, sale or celebration authorized by this Section shall comply with all conditions imposed by the City • Council, City Manager or designee pursuant to resolution or permit. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. • • -3- SECTION 3: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 11th day of July , 1994, and adopted on the 25th day of July , 1994, by the following vote, to wit: AYES, COUNCILMEMBERS HEDGES, SANSONE, • WATT, TURNER, HART, COX, DEBAY NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE MAYO ATTEST: mil // _ gins /ordinan /sidewalk.ord • -4-