HomeMy WebLinkAboutOrd2014-004 Sponsored by: Planning and Zoning Commission
Introduction Date: May 12, 2014
Public Hearing Date: May 27, 2014
Enactment Date: May 27, 2014
bow
CITY OF SEWARD, ALASKA
ORDINANCE 2014-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE
§15.10.140.B SPECIFIC DEFINITIONS, §15.10.225 LAND USES
ALLOWED AND §15.10.225 LAND USES ALLOWED TABLE; TO
ALLOW MOBILE VENDORS AND ROVING VENDORS TO OPERATE
ON CITY OWNED PROPERTY (AS DESIGNATED) AND WITHIN
PUBLIC RIGHTS OF WAY
WHEREAS, members of the public have requested code changes to allow mobile
vendors and roving vendors on City parcels and within public Rights of Way; and
WHEREAS, at the February 24, 2014 work session Council directed the Planning and
Zoning Commission to hold public work sessions and develop new code provisions addressing
mobile and roving vendors on City parcels; and
WHEREAS, the Planning and Zoning Commission held public work sessions on March
11 and 18, 2014 to develop the new code provisions and on March 24, 2014 held a joint work
im• session with Council to present and review the proposed new code provisions; and
WHEREAS, at its April 15, 2014 special meeting, the Planning and Zoning Commission
held a public hearing and recommended City Council approval of the proposed City Code
amendments.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Portions of Seward City Code are hereby amended to read as follows:
(Deletions are Bold Striketh-reugks; Additions are Bold Italic Underline)
15.10.140 Definitions (B)
B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
* * *
98. Vending. The sales of food, services or merchandise.
IMO
CITY OF SEWARD, ALASKA
ORDINANCE 2014-004
Page 2 of 6
J
. •. • . .a •" . •: . : : : •
•
• •• •" : .: " : . : • : " : . • " . : . : •
. . . • .
a. Hawking: is the loud or continuous audible solicitation of business by a vendor to the
general public.
b. Mobile Vending Cart: is a non-motorized structure or unit on wheels that is easily
moved and used for vending.
c. Mobile Vendor: a person or business that sells food or permitted types of goods from
City-approved locations using (i) a licensed vehicle or cart capable of movement; or (ii)
a licensed trailer pulled behind a motor vehicle.
d. Pre-Packaged food: ready-to-eat food that is cooked, wrapped, packaged, processed, or
portioned for service, sale or distribution.
e. Roving Vendor: a person who offers only pre-packaged food items to the public, with
or without the use of a licensed motor vehicle, from no fixed location on public
property, only on rights of way within designated zoning districts, excluding Fourth
Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and
Fifth Avenues between Jefferson Street and Railway Avenue.
Transient merchant. Any person, partnership, firm or corporation, whether a resident of
the City or not, who engages in a temporary business, within a period not exceeding 150
consecutive days in a calendar year, of selling and delivering goods and/or services,
wares and merchandise for profit or nonprofit within the City by operating on-a-doe -te-
. . . : . .; . from a
location out-of-doors or in quarters that are easily moveable, such as a temporary leased
area or space, or motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant
merchants and vendors. Does not include vehicles for hire. Transient merchants operate
exclusively from private property. (note: Transient merchant definition relocated.
Previously 15.10.140. B. 95.)
15.10.225 - Land Uses Allowed Table
(Deletions are Bold Stri- eaghs; Additions are Bold Italic Underline)
J
CITY OF SEWARD, ALASKA
ORDINANCE 2014-004
Page 3 of 6
Districts: Principally Residential Principally Principally
Commercial Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Mobile Vendor P P P P P P P P P P P
Roving Vendor P P P P P P P P P P P
15.10.225 Land uses allowed.
(a) (b) * * *
Note: (c) Transient Merchants . . . becomes (e) and
Livestock becomes (1)
(c) Mobile Vendor as defined in section 15.10.140 B 98 Vending (C) of this chapter and
which are allowed in accordance with table X15.10.225 are subject to the following
development requirements:
1. An application for a mobile vendor must be submitted on a form provided by the
City Clerk's office yearly with colored pictures of at least two different angles of the
unit the applicant is applying to license and a description that includes the length and
width, when in its widest configuration.
2. Mobile vendors may operate at designated locations, by permit. Policies and
Procedures shall be set by resolution of the City Council.
3. The Seward Police Department has the right to close down a mobile vendor if
vending is causing or contributing to an imminent public safety hazard.
4. No mobile vending shall take place on public property between the hours of
10:00 p.m. and 6:00 a.m. unless otherwise posted.
5. A mobile vendor may only offer, for sale, the following types of goods and
services on public property: Food and/or non-alcoholic beverages; Handicrafts,
artwork, jewelry or similar goods or Firewood.
6. Licenses: In addition to complying with City of Seward ordinances related to
mobile vendors and applicable regulations, the owner and operator is responsible for
applying for and obtaining all other necessary licenses and satisfying the standards
of the City permit conditions.
7. Mobile vendor vehicles or carts may not remain in place overnight or in City
parking lots.
CITY OF SEWARD, ALASKA
ORDINANCE 2014-004
Page 4 of 6
8. Mobile vendor vehicles must be self-contained when operating, except for the
required trash and or recycling receptacles, which shall be in a safe location and in
no event shall impede the free movement of automobiles or pedestrians, within their
permitted lot or space.
9. Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when
parked in spaces parallel to City sidewalks.
10. It shall be unlawful for a vendor to attract customers by hawking or physically
accosting persons.
11. Each mobile vendor vehicle shall provide the City of Seward with a certificate
of insurance to cover public liability in the standard amount set by City policy.
Insurance policies shall stipulate that the insurer will give written notice to the City
at least 30 days prior to cancellation or other termination in coverage. Prior to
acceptance of their permit, vendors shall execute an instrument under the terms of
which the permittee shall agree to indemnify, defend, and hold harmless the City of
Seward from any and all claims for injury or damage to persons or property suffered
in connection with vendor activities.
12. Any mobile vendor base station shall be properly licensed.
13. Mobile vendors shall comply with all City code, policy and procedures. Failure INJ
to adhere to the regulations for mobile vendors is cause for revocation or suspension
of the license/permit by the City Clerk.
14. Mobile vendors shall display required permits and City business license in a
prominent location on the Mobile Vending Cart or vehicle from which the business is
conducted pursuant to the permit, so it is protected from the weather and easily
visible to the public.
(d) Roving Vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are
allowed in accordance with table 15.10.225 are subject to the following development
•requirements:
I. Roving vendors shall not vend on any public street where the legal speed limit
exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van
Buren Street, and also excluding that portion of Fourth and Fifth Avenues between
Jefferson Street and Railway Avenue.
2. Roving vendors shall not vend on any public street before 6:00 a.m. or after
10:00 p.m., unless otherwise posted.
3. Roving vendors shall vend only when the vehicle is lawfully parked and
completely stopped.
CITY OF SEWARD, ALASKA
ORDINANCE 2014-004
Page 5 of 6
4. Roving vendors stall vend on public streets from the side of the vehicle away
.,,. from moving traffic, and within one foot of the curb or edge of the street.
5. Roving vendors shall not vend or permit the vehicle to stand in one place in any
public place or street for more than (30) minutes or in front of any premises for any
time if the owner or lessee objects.
6. An application for a roving vendor vehicle must be submitted on a form
provided by the City Clerk's office yearly with colored pictures of at least two
different angles of the unit the applicant is applying to license and a description that
includes the length and width, when in its widest configuration.
7. The Seward Police Department has the right to close down or request a roving
vendor to relocate if vending is causing or contributing to an imminent public safety
hazard.
8. In addition to complying with City ordinances and permit conditions related to
roving vendors, the owner and operator is responsible for applying for and obtaining
all other necessary licenses required for the service of food. The roving vendor
vehicle shall be in compliance with the motor vehicle laws of the State of Alaska, and
the roving vendor vehicle owner is responsible for complying and verifying that a
specific location or route does not violate City zoning code.
9. Roving vendors shall comply with all traffic rules.
10. Each roving vendor vehicle must provide the City of Seward with a certificate
of insurance to cover public liability in the standard amount set by City policy.
Insurance policies shall stipulate that the insurer will give written notice to the City
at least 30 days prior to cancellation or other termination in coverage. Prior to
acceptance of their permit, vendors shall execute an instrument under the terms of
which the permittee shall agree to indemnify, defend, and hold harmless the City of
Seward from any and all claims for injury or damage to persons or property suffered
in connection with vendor activities.
11. Any roving vendor base station must be properly licensed.
12. Roving vendors shall comply with City code, policy and procedures. Policies
and procedures shall be set by resolution of the City Council. Failure to adhere to the
regulations for roving vendors is cause for revocation or suspension of license /
permit by the City Clerk.
13. Roving vendors shall display required permits and City business license in a
prominent location on the Mobile Vending Cart or vehicle from which the business is
conducted pursuant to the permit, so it is protected from the weather and easily
visible to the public.
CITY OF SEWARD, ALASKA
ORDINANCE 2014-004
Page 6 of 6
Section 2. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 27th
day of May, 2014.
THE CITY OF SEWARD, ALASKA
?OM) /1/43,41CM
ean Bardarson, Mayor
AYES: Keil, Casagranda, Terry, Butts, Bardarson
NOES: Darling
ABSENT: Squires
ABSTAIN: None
ATTEST:
j
,
J.han a Kinn- , CMC
ity Clerk
(City Seal)
sos% I II84,4.
****4
........... d
/ 0 40 VIP
‘‘.
• I SEAL • Fl
• 1, ...4110.■ • •
• .4.idy :
#°•.d"e""<4,e
......
*,,C.1111.1.itP•s;',.•‘
Agenda Statement
e of sets.
Meeting Date: Introduction: May 12, 2014 6646
Public Hearing: May 27, 2014
To: City Council
Through: Jim Hunt, City Manager
Ron Long, Assistant City Manager
From: Donna Glenz, Planner
Agenda Item: Amending Portions of Seward City Code (SSC) §15.10.140 Definitions and
§15.10.225 Land Uses Allowed;and §15.10.225 Land Uses Allowed Table to
allow mobile and roving vendors to operate on city owned property (as
designated) and within public Rights of Way.
BACKGROUND & JUSTIFICATION:
Members of the public have requested a code change to allow mobile vendors and roving vendors on
City parcels and within public Rights of Way. On February 24,2014 Council held work session and
directed Planning and Zoning to hold public work sessions and develop new code provisions
addressing mobile and roving vendors on City parcels(as designated)and within certain public rights
of way. Council requested the new code provisions be ready for the 2014 summer season if possible.
The Planning and Zoning Commission held several public work sessions on mobile vendors and
roving vendors,specifically addressing new code provisions for the Seward City Code. Members of
the public attended the work session and provided input in drafting the provisions. On March 25,
2014 the City Council and the Planning and Zoning Commission held a joint work session to review
and amend the draft code provisions.
On April 15, 2014 the Planning and Zoning Commission held a special meeting and approved
Resolution 2014-06 recommending Council approve the attached Ordinance enacting new code
provisions for Mobile and Roving Vendors.
INTENT:
Provide new code provisions for Mobile and Roving Vendors as designated City lands and within
public rights of way.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan: (2020): 3.2 Land Use
1 3.7.3 Continue to improve the quality and efficiency of city
. X
governmental services.
• Continue to revise and update the Seward City Code
Strategic Plan (1999): Goals and Objectives
2 * Adjust local development regulations, where appropriate, to
. X
encourage development that is consistent with our economic base
vision
As per City Code §15.01.040 Public Hearings; the public notice requirements were met. At the time
of publishing this agenda, no further public inquiry had been received.
FISCAL NOTE: There is no financial burden to the City for this amendment.
Approved by Finance Department: di40,. 3
ATTORNEY REVIEW: Yes: X No
RECOMMENDATION:
Council introduce Ordinance 2014-004, on May 12, 2014 and conduct a public hearing and enact
Ordinance 2014-004 on May 27, 2014 amending Portions of Seward City Code §15.10.140
Definitions; §15.10.225 Land Uses Allowed; and §15.10.225 Land Uses Allowed Table providing
new code provisions for mobile and roving vendors.