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HomeMy WebLinkAbout3624 Ordinance ORDINANCE NO. i Z AN ORDINANCE relating to Business Licenses and Amending PMC Title 5 dealing with Itinerant Merchants and Vendors. WHEREAS, the Pasco City Council adopted licensing regulations applicable to itinerant vendors in 1991, to preserve the health, safety and welfare of the community through such licensing provisions; and WHEREAS, the number of itinerant vendors has grown from six in 1991 to more than 24 such vendors licensed in the current year within the city; and WHEREAS, over the past 16 months Police Department reports have shown an increase in illegal activities such as assaults, fights, disorderly conduct, gang activity, public consumption of alcohol and other criminal activity on property with concentrations of itinerant vendors; and, WHEREAS, the need for the Police Department to repeatedly respond to unruly conduct and criminal incidents at locations with multiple itinerant vendors taxes the manpower of the Police Department and impairs the ability of the police to provide protective services to the balance of the City; and, WHEREAS, the City Council finds that the secondary effects of several itinerant vendors operating in one small location are manifested by significant increases in the incidents of crime and need for police services; and, WHEREAS, the City Council finds that the calls for service associated with criminal activity in and around the congregation of itinerant merchants unduly impacts the City's law enforcement resources; and, WHEREAS, the Police Department has found that where itinerant vendors are located individually at dispersed locations there are virtually no calls for service and virtually no reports of illegal activity; and, WHEREAS, it is intended by the City Council that the problem of increased illegal activities associated with concentrations of itinerant vendors in limited geographic areas be resolved with minimal effect to the other licensed vendors; and WHEREAS, it is the further intent of the City Council that it will consider additional and more stringent legislative measures should the dispersal option prove ineffective; and WHEREAS, experience of the Police Department has shown that where itinerant vendors are separated by at least two hundred and fifty feet, the incidence of crime and the calls for police service are significantly reduced; and, WHEREAS, the City Council finds a compelling need to protect all citizens and provide police services to the whole community; and, WHEREAS, the City Council recognizes that important and substantial governmental interests provide a constitutional basis for the reasonable regulations of business activities within the City limits; and, WHEREAS, the City Council has the responsibility to assure the public health, safety and welfare are maintained within the community; and, WHEREAS, the City Council has determined that to maintain and protect the general welfare, public health and safety of the community and reduce the unacceptable demands on police services fostered by the congregation of itinerant vendors, it is necessary to amend PMC Title 5, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 5.10A.100 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 5.10A.100 STATIONARY VENDOR STANDARDS. All stationary vendors licensed under this chapter shall conform to the following standards: A) No stationary vendor shall be licensed for a location in a Residential Zoning District or Office District, as defined in Title 22 25; B) Stationary vendors shall be licensed only at those sites on which there is a permanent business operating and licensed under Title 5; C) No stationary vendor shall locate his or her vehicle, other conveyance, or temporary stand or mere ,,,,,d within twenty feet of any public right-of-way or within twenty feet of the intersection of any public right-of-way and private driveway; D) No signs or signage shall be permitted other than that which can be contained on the vehicle or conveyance utilized to sell food; E) No vehicle, other conveyance or temporary stand shall be located closer than twenty feet from any building or structure on the licensed property or adjoining property; F) No vehicle, other conveyance or temporary stand shall locate closer than fifty feet from flammable combustible liquid or gas storage and dispensing structures; G) All stationary vendors shall place at least one 30 gallon garbage receptacle upon the site of business for customer use; H) Licensed stationary vendor sites shall be cleaned of all debris, trash and litter at the conclusion of daily business activities; 1) All merchandise, goods, wares or food shall only be displayed or offered for sale from the vendors conveyance; J) All vehicles, other conveyances or temporary stands shall be equipped with at least one 2A-40 BC fire extinguisher; K) No stationary vendor shall be licensed to locate a vehicle, other conveyance, or temporary stand within 250 feet from another stationary vendor except where vendors are separated by a public street., L No stationM vendor ma be licensed at a location if their vehicle cone ante or temporary stand diminishes required off-street parking for the permanent business licensed on the site; Amending PMC Title 5 —Itinerant Merchants and Vendors - 2 y . Section 2. That Section 5.10A.140 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 5.10A.140 PENALTY. Any person, firm or-corporation violating any of the provisions of this chapter shall have committed a code infraction and shall be subject to the provisions of Chapter 11.02. The first offense shall be subject to a $100 penalty the second offense shall be subject to a$500 penalty and the third offense in any two year period shall cause the vendor to be ineligible for a license under this Chapter fora period of 90 days. -B--d upon a finding by Section 3. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED y the City Council of the City of Pasco, at its regular meeting of June 2, 2003. Michael. arrison Mayor A T ST- APPR AS TO FO Webster U. ck;oW Leland B. Kerr City Clerk City Attorney Amending PMC Title 5 —Itinerant Merchants and Vendors - 3