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HomeMy WebLinkAbout1962-348 ORDINANCE NO. 41 1 AN ORDINANCE relating to outside promotional sales; prohibiting nuisances and regulating such sales; providing for a permit for such sales in B-2, Local Business Zones; providing penalties for the violation of the provisions hereof; adding a new Chap- ter 5.53 to the City of Yakima Municipal Code; and declaring an emergency. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima Municipal Code is hereby amended by adding thereto, following Chapter 5.52, a new chapter numbered 5.53 to read as follows: "CHAPTER 5.53 OUTSIDE PROMOTIONAL SALES 5.53.010 COMPLIANCE WITH CODE—NUISANCES PROHIBITED, All sales where merchandise is displayed for sale outside the building where the business is carried on shall be conducted in such a manner so that the sale and the facilities used to conduct the sale comply in all respects with all sanitation, 111 fire, electrical and building codes of the City of Yakima and so as not to create obnoxious odors, loud noises or other nuisances which may essentially interfere with the comfortable enjoyment of life and property by occupants of property in the vicinity of the premises where such sale is conducted. 5.53.020 OFF-STREET PARKING--INTERFERENCE WITH TRAFFIC PROHIBITED© Where an outside promotional sale is being con- ducted, off-street parking spaces shall not be reduced below the minimum requirements of Chapter 12.56 of this Code; and all entrances to and exits from off-street parking areas and the business building shall be kept clear at all times. Loading, unloading and storage of merchandise shall be done on private property in such a manner so as not to interfere in any way with vehicular and pedestrian traffic on public ways or on the off-street parking area 5.53.030 PERMIT REQUIRED IN B-2 ZONE--FEE. No person, firm or corporation shall conduct a sale in a B-2 Local Business Zone, where merchandise is displayed for sale outside of the building where the business is carried on without first ob- taining a permit to do so and paying a fee of 810.00 for each sale. Only one permit shall be required where two or more persons, firms or corporations conduct such sales in a B-2 Zone contemporaneously with each other and in the same general location. No permit shall be issued to conduct such a sale on 111 premises where no business has been established prior to the time application for a permit is made, and such sale shall r be of a character so as to be related and Incidental to the established business. Application for such permit shall be 411 made with the Building Inspector; and all information required by the Building Inspector, including a plot plan, necessary for the administration of this chapter shall be furnished by the applicant before a'permit may be issued. 5.53.040 FREQUENCY OF SALE IN B-2 ZONE—DURATION OF SALE. When any outside promotional sale is conducted in a B-2 Zone, the duration of each sale shall be limited to not more than 28 consecutive days. No more than four such sales shall be conducted at the same location in a B-2 Zone in any calendar year. 5.53.050 PENALTY CLAUSE, Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanorand, utiOn conviction thereof, shall be punished by a fine in sum not exceeding $300.00, or by imprisonment in the City Jail for a period not to exceed 90 days, or by both such fine and imprisonment; and every such person, firm or corporation shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this chapter is committed or continued. 5.53.060 SEVERABILITYO In the event any section, sub- section, subdivision, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or void, such adjudication shall not affect the validity of the remaining portions of this chapter which shall continue in full force and effect." Sectioly2. This ordinance is one to provide for the imenediate preservation of the public peace, property, health and safety of the people of the City of Yakima, and an emergency is hereby declared to exist, and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. • PASSED BY THE CITY COUNCIL, signed and approved this 18th day of June', 1962. nayor ATTEST: 111 bitgunrk