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2004-209 REVISED ORDINANCE NO. 2004 - 209 An ordinance permitting, regulating and requiring the licensing of non-motorized vendor pre-packaged.[hozen conjkction.Jbod carts, u4th penalties for violations there(?['as provided in ,IGO Chapter 5.20. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Current Section 5.20.030 of the Code of General Ordinances of the City of Janesville is hereby renumbered 5.20.040. SECTION II. A new Section 5.20.030 of the Code of General Ordinances is hereby created to read as tbllows: "5.20.030 Non-Motorized Vendor Carts ~ - Licensing - Regulations. A. Purpose. The purpose and intent of this section is to permit, regulate and license non-motorized vendor carts and operaters that sell only pre-packaged "frozen confectionaries," such as pre-packaged ice creams, frozen popsicles and similar items" within the City of Janesville. Such licensed non-motorized vendor carts operated in strict contbrmity with each and every provision of this ordinance are exempt from the prohibition set tbrth in Section 5.20.010. B. General Regulations. (1) Every person and cart engaged in activities regulated by this ordinance, whether or not licensed, shall at all times comply with each and every provision and regulation set forth in this ordinance. (2) Every non-motorized vendor cart shall at all times be operated in strict accord with each and every provision and regulation set forth in this ordinance. (3) No person may engage in any activity for which a license is required under this ordinance without first applying for, paying the Ice for and holding a valid license for each non-motorized vendor cart. sales and operation. C. Cart License Required. Every non-motorized vendor cart in the city shall be licensed. No person may operate, sell or vend from, use a non-motorized vendor cart or otherwise engage in any activities regulated by this ordinance unless the cart holds an appropriate and valid license from the City. Each owner in his/her/its name shall apply for, pay the tee tbr, and hold a non-motorized vendor cart license tbr each cart in the city prior to use of snch cart in the city. The Police Depa~ment shall conduct a ordinance by the city. fh~ ~;fw ~h ~f~ ;~ ~;~/~ ~ ~h~ll ~l., f~ ~., fh~ C~ C~ ~A h~lA ~ non ..... ,~. ~c .... T; ............ ~; ..... ~ ,,.~. ,~;~ ~M; ..... w~" the c;*-~. E. Definitions. (1) Licensee, means the applicant who is issued and holds a license under this ordinance. (2) Non-motorized vendor cart, means the device regulated by this ordinance. It includes any and all non-motorized mobile devices that are used directly or indirectly in the sale of any goods or services, including but not limited to bicycle vending devices and push carts. (3) Operator, means the person who engages in or conducts any activities involving a non-motorized vending cart. (4) Owner, means the person who owns the non-motorized vendor cart. Person means each and every natural person, firm, corporation, partnership, joint venture, cooperative, limited liability company, limited liability partnership, sole proprietorship and other individual, person and legal entity of whatever kind or nature. (6) Vendor, means an operator. (7) Vending Cart Season, lneans all year. the *;_...~ carts ~h.~ k~ permitted * ...... ,~ ;. ,h~ city. Cart and Operator License Application. (1) Initial application. Each owner desiring to conduct or engage in activities regulated by this ordinance shall file a written initial application with the city clerk or designee on tbrm(s) provided by the city for a cart license for each non-motorized vendor cart. [7,~,.I-, r-,va,o,..q_,,-,,, ehqll ql~,~ GI~ ~ 1;~no~ nnnl;pat;~n No person may operate, conduct or engage in activities regulated by this ordinance without filing an application, paying the fee(s) for such license or without holding an appropriate license under this ordinance. The city clerk, chief of police, fire chief, common council, and/or their appropriate designee(s) may amend and require such intbrmation on the initial application as s/he may, from time to time, consider reasonable, proper and/or necessary. (2) Renewal application. Each licensed cart owner and operator desiring to conduct activities regulated by this ordinance after initial licensing shall file a written renewal application with the city clerk or designee on form(s) provided by the city fbr each proposed non-motorized vendor cart. The city clerk, chief of police, fire chief, common council, and/or appropriate designee(s) may amend and require such inlbrmation on the renewal application as s/he may, from time to time, consider reasonable, proper and/or necessary. (3) Cart -- Initial License Fee -- $50.00. Each owner applicant shall pay an initial cart license tee of $50.00 per cart at the time of original filing, which initial fee shall be pro-rated based on the month after July 1 in which the initial application is filed. The initial application fee is non-refundable. (4) Cart - Annual Renewal Fee -- $50.00. An annual renewal fee of $50.00 per cart thereafter shall be required and paid. The annual renewal tee is non-refundable. (5) initial fee lo non regmdable. (6) Operator A ..... 1 1~ ....... 1 U .... q~K(l 13lb t~e of $50.00 r~' The annual renewal fee is non-refundable. (7) All initial and renewal cart and operator licenses shall expire on June 30 of each year. (8) O) No application shall be accepted tbr filing, nor cart license issued or renewed, unless and until the owner applicant possesses all necessary County t lealth Department and other required governmental agency license(s) and permit(s) fbr the cart. Each owner applicant, at the time of filing the city initial application and at the time of all subsequent annual renewal filings, shall provide to the city clerk proof of such other licenses and permits in such lbrm as the city clerk may, from time to time, deem necessary and/or desirable. (10) No cart license may be issued or renewed unless and until the cart passes the inspection of the county/state health officials and agencies, and holds the proper health licensing, permits and certification. (11) No cart or operator license may be issued or renewed if the applicant, owner or proposed operator of the cart has had a license or permit issued under this ordinance revoked, suspended or non- renewed. (12) No cart license and no operator license may be issued by the city clerk unless and until all requirements set tbrth in this ordinance have been fully and properly satisfied by the applicaut. The decision of the City Clerk shall be final in this regard. (13) No more than twenty-five (25) cart licenses shall be issued annually. G. Each non-motorized vendor cart shall be separately licensed and such license shall not be transferable to any other non-motorized vendor cart. I. Each issued cart license shall be promiuently and conspicuously posted on each licensed cart at all times. J. Each issued vendor ,,:'art operator license shall be carried by the operator at immediate!3 .... a ......a ...... ;a~ ,h~ ~i ....., ....... ~i.~ .m ............... , K. At all times, each cart shall have permanently affixed to it and prominently displayed a sign no smaller than twelve (12) inches by twelve (12) inches displaying name, address, and telephone number of the licensee. L. Non-Motorized Vendor Cart Operation. (1) Each non-motorized vendor cart shall be capable of being moved and kept under control by one person. (2) Each cart shall be moved safely to and from its vending location(s). (3) Each cart shall be secured at all times so as not to injure or endanger persons or property. (4) Each non-motorized vendor cart shall be equipped with at least one leak-proof container for the deposit of waste, garbage, litter, and refuse. All such containers shall be kept covered with tight fitting lids. When leaving the sales area, the licensee and his employee(s) shall be responsible lbr the removal of all litter resulting from his business or customer's use of his business. (5) Each operator, licensee and cart shall comply with all state codes, regulations and standards relating to the serving and selling of food or fi)od products. (6) An operator shall be personally and physically present next to the cart and within the vending site at all times during which items are displayed or sold. Vending carts shall only be allowed within the public right-of-way during permitted hours of operation. M. Insurance Requirement. Each licensee shall obtain, pay tbr and at all times maintain proof of and actual liability insurance coverage against personal injury, death and property damage in an amount of not less than One Million Dollars ($1,000,000) per person per incident and One Million Dollars ($1,000,000) aggregate per incident. Such insurance shall name the City of Janesville and each and every of the City's elected and appointed officials, officers, employees, agents and representatives as additional or co-insureds. At the timc of filing the initial and all renewal applications, an applicant shall provide a true and correct photocopy of a certificate of insurance and/or other proof insurance fi)r each cart in the fbrm requircd by the clerk. N. Regulations. (1) Non-motorized vendor carts must be stationary at all times when sales and related activities are occurring. (2) Non-motorized vendor carts may set up and operate in the public streets but not in the travel lane. They also may set up and operate in the public terraces. (3) Non-motorized vendor carts shall be prohibited fi'om using, setting up in or on, and shall not operate upon the public bike trails or public sidewalks. (4) (6) (7) (8) (9) In City Parks, non-motorized vendor carts arc only allowed upon issuance of a permit for specific park areas designated by the director of Leisure Services. Said approval shall also include payment of any associated park use, financial gain and/or other license fee(s) as determined by the Director for each vendor cart license. All non-motorized vendors may only be allowed to sell pre- packaged "frozen confectionaries" type products, as described above. No non-motorized vendor cart shall operate before 8:00 o'clock A.M. or alter dusk (sunset on any day). 8:00 o'clock P.M. on No non-motorized vendor cart operator or other person shall use noise-makers, other than bells, lights, or music to attract customers. Such bells and music shall not be used beibre 8:00 o'clock A.M. or after dusk (sunset on any day). 8:00 o'clock P .......... ~/~ ,~" ~,..,~"'~ ~.~'~ No electrical or mechanical sound generated within a vending area shall be audible beyond the vendor's immediate working area and in no event more than 50 feet from the cart. See also Section 12.08.090. As applicable, those provisions are incorporated herein by reference as if fully set forth verbatim. Any action required or prohibited therein shall be required or prohibited, as applicable, by this ordinance. Each operator and other person, whether or not licensed, who engages in any activities regulated by this ordinance shall at all times fully and tilnely comply with and abide by each and every requirement and provision set forth in this ordinance and in each and every other ordinance of the City of Janesville." ADOPTED: February 9, 2004 APPROVED: Steven E. Sh~iffer, City er ATTEST: Jean"A~n Wulf, City Clerk-Treasure: APPROVED AS TO FORM: City Attorney Proposed by: Prepared by: Council Members Addie and Murphy Planning and City Attorney MOTION BY: Steeber SECOND BY: DeGarmo COUNCILMEMBER AYE NAY PASS ABSENT ADDLE MURPHY X DEGARMO X STEEBER X WILLIAMS × BRIEN × WELLNITZ X ()rd dral//vcndor llOll-lllolol'izcd cart ord 5.20.040 Violation--Penalty. A. Any person, firm, corporation or other entity of whatsoever kind or nature violating any of the provisions of this chapter, upon conviction thereof in court, shall be ordered to pay to the City a forfeiture of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), together with the costs of prosecution. In default of the payment of such forfeiture and costs, the violator shall be dealt with in the manner provided, l?oln time to tilne, by law tbr such default in payment including, but not limited to incarceration in the Rock County Jail lbr not more than sixty (60) days for each violation. Each day's continuance of any violation constitutes a separate violation. In addition to, and not in lieu ot; the imposition and/or payment of the above fbrfeitures(s) and remedies, the City may seek and the court may grant, injunctive and other legal and/or equitable relief in favor of the City to abate and/or enjoin the violation(s). C. In addition to, and not in lieu o£ the above tbrfeitures and remedies, the court or the Common Council may suspend and/or revoke any permit or license issued under this or any other chapter.