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;
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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;
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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.
•
•
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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
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