File #: ORD 2021-012    Name: Chapter 16 & 17 Amendment
Type: Ordinance Status: Passed
File created: 5/10/2021 In control: City Commission
On agenda: 6/24/2021 Final action: 6/24/2021
Title: AN ORDINANCE AMENDING CHAPTER 16, "OUTDOOR SALES AND ACTIVITIES," ARTICLE I, "IN GENERAL," RENAMING ARTICLE II, "TEMPORARY STATIONARY PEDDLING/VENDING SALES AND OUTDOOR USES REGULATIONS," AS "TEMPORARY MOBILE VENDING SALES AND OUTDOOR USES REGULATIONS," AND AMENDING SAME AND RENAMING ARTICLE III, "MOBILE PEDDLING/VENDING SALES," AS " MOBILE VENDING SALES;" AND AMENDING CHAPTER 17, "STREETS, SIDEWALKS, WATERWAYS AND OTHER PUBLIC PLACES," ARTICLE II, "PICKETING, PARADES, DEMONSTRATIONS, BLOCK PARTIES," DIVISION 1, "GENERALLY," AND DIVISION 2, "PERMIT," TO UPDATE LANGUAGE IN CHAPTERS 16 AND 17 AFFECTING OUTDOOR ACTIVITIES AND EVENTS TO REFLECT CURRENT PROCEDURES, TERMS AND DEPARTMENT NAMES, REMOVE OBSOLETE PERMITTING AND LICENSURE REQUIREMENTS FOR FOOD AND BEVERAGE VENDORS, AND CLARIFY THAT FIREARMS ARE NOT REGULATED BY THE CITY. (SECOND READING)(PUBLIC HEARING)
Indexes: Amendment, Chapter 16, Chapter 17, Code of Ordinances, Ordinance
Code sections: Chapter 16, - Outdoor Sales and Activities, Chapter 17 - Streets, Sidewalks, Waterways, and other Public Places
Attachments: 1. ORDINANCE 2021-012-Chapters 16 & 17 Amdmt

AGENDA ITEM REPORT

TITLE:

 

Title

AN ORDINANCE AMENDING CHAPTER 16, “OUTDOOR SALES AND ACTIVITIES,” ARTICLE I, “IN GENERAL,” RENAMING ARTICLE II, “TEMPORARY STATIONARY PEDDLING/VENDING SALES AND OUTDOOR USES REGULATIONS,” AS “TEMPORARY MOBILE VENDING SALES AND OUTDOOR USES REGULATIONS,” AND AMENDING SAME AND RENAMING ARTICLE III, “MOBILE PEDDLING/VENDING SALES,” AS “ MOBILE VENDING SALES;” AND AMENDING CHAPTER 17, “STREETS, SIDEWALKS, WATERWAYS AND OTHER PUBLIC PLACES,” ARTICLE II, “PICKETING, PARADES, DEMONSTRATIONS, BLOCK PARTIES,” DIVISION 1, “GENERALLY,” AND DIVISION 2, “PERMIT,” TO UPDATE LANGUAGE IN CHAPTERS 16 AND 17 AFFECTING OUTDOOR ACTIVITIES AND EVENTS TO REFLECT CURRENT PROCEDURES, TERMS AND DEPARTMENT NAMES, REMOVE OBSOLETE PERMITTING AND LICENSURE REQUIREMENTS FOR FOOD AND BEVERAGE VENDORS, AND CLARIFY THAT FIREARMS ARE NOT REGULATED BY THE CITY. (SECOND READING)(PUBLIC HEARING)

 

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BACKGROUND:

This item passed on First Reading at the June 10, 2021, City Commission Meeting.

As part of our ongoing effort to address outdated language and terminology in all Chapters of our Code of Ordinances, City staff has reviewed Chapter 16, “Outdoor Sales and Activities,” and Chapter 17, “Streets, Sidewalks, Waterways and Other Public Places,” of the City’s Code, which address a number of outdoor activities, permits, and events. 

DISCUSSION:

The proposed ordinance removes outdated language and updates procedures and terminology to reflect current practices consistent with state law.  Specifically the following issues were addressed throughout the ordinance, as needed:

1.                     References to the Planning and Zoning Board were removed to reflect the changes in responsibilities approved by the City Commission in January 2018.

2.                     References to “development services department” and “director of public safety” were changed to “sustainable development department” and “chief of police,” respectively. 

3.                     Vending regulations were modified to remove obsolete licensing requirements for food and beverage vendors (food trucks), which are now licensed by the state as Mobile Food Dispensing Vehicles.

4.                     Language regulating outdoor sales and related temporary signage was updated to reflect industry terminology and procedures.

5.                     A single reference to “gun” that remained in the Code was removed and a definition of “weapon or dangerous weapon” was added to each chapter to make it clear that the City is not indirectly regulating firearms and that the standard dictionary definitions of “Weapon” and “Dangerous Weapon” which often include guns (firearms), do not apply.

RECOMMENDATION:

Staff recommends approval of this ordinance.

FISCAL IMPACT:  N/A