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 Port Orange
 Code of Ordinances
 Chapter 18. BUSINESSES
 Article IV. SIDEWALK, GARAGE, YARD SALES

  § 18-77. Sidewalk and outdoor sales.  

Latest version.

  • Sidewalk sales and other outdoor sales events may be conducted in any nonresidential zoning district subject to the following regulations:

    (1)

    No more than four outdoor sales events shall be permitted for any one business in any calendar year. Sales events shall not exceed seven consecutive days.

    (2)

    Except as provided in subsection (3) of this section, sales shall be located on the sidewalk directly in front of the business establishment or retail store conducting the sale. Sales shall not impede pedestrian traffic or create a public safety hazard as determined by the city manager.

    (3)

    Requests for use of parking areas or vacant commercial parcels for sales events may be permitted by the city council. Such requests shall include site plans specifying the limits of the sales area, pedestrian access, traffic patterns, location of merchandise, barricades, special signage, and other requirements necessary to maintain through traffic patterns and public safety in and around the sales area.

    (4)

    Displays by any business establishment or retail store of seasonal or holiday items, such as Christmas trees and Halloween pumpkins, or items which may not easily be displayed indoors shall be exempt from this section, provided that such displays do not impede pedestrian traffic and the display area is located outside parking and traffic areas in front of the business establishment or retail store selling such items. Seasonal items do not include garden supplies and equipment, landscape materials, bicycles, children's pools, lawn furniture, fireworks, and other merchandise associated with spring and summer.

    (5)

    Bake sales, cookie sales, car washes, charitable solicitation, temporary drop-off boxes used for four weeks or less, and other such sales and fundraising events conducted by or on behalf of a charitable organization as defined in section 18-171 shall be exempt from subsection (1) of this section, provided that such sales or fundraising events do not impede pedestrian traffic or create a public safety hazard as determined by the city manager. However, such sales and fundraising events shall comply with all other applicable requirements of this section and article VI of chapter 18.

    (6)

    No outdoor sales event shall be conducted unless a permit has been obtained from the community development director or the director's designee. Site plans specifying the limits of the sales area, pedestrian access, traffic patterns, location of merchandise, barricades, special signage and other requirements necessary to maintain public safety shall be submitted with each permit application and reviewed by the affected departments. The city may, as a condition of permit approval, require the applicant to provide police officers at the expense of the applicant to help ensure public safety. The city may, as a condition of permit approval, require the applicant to post a good and sufficient surety bond or cash bond conditioned upon the removal of any garbage, waste, trash, and debris from the property within 48 hours after the outdoor sales event. The permit shall be issued upon written application, subject to compliance with the requirements of this section and any conditions of approval and upon payment of the prescribed fee. A permit fee shall be required for each outdoor sales event.

(Ord. No. 1990-26, § 1, 9-18-90; Ord. No. 1991-3, 2-5-91; Ord. No. 1991-21, § 1, 10-8-91; Ord. No. 1994-29, § 1, 8-26-94; Ord. No. 1996-21, § 1, 7-16-96)