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Home My WebLink About025666 ORD - 03/02/2004 ORDINANCE AMENDING ARTICLE I, CHAPTER 38, CODE OF ORDINANCES, RELATING TO PARADE VENDOR PERMITS; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES, AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 38-17 Code of Ordinances is amended by revising paragraph (b) to read as follows: "Sec. 38-17. Sidewalk vendors; special regulations. "No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: "(b) Parade vendinq. "(1) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: "(4-) a. The police chief shall determine whether the vending would be consistent with the public safety. In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety. "(2-) b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection (a) of this section. "(3) c. Parade vendor permits shall be issued for the period specified in this section only. and the fee therefor shall be ten dollars ($10.00) for each vendor and/or vending unit, which fee shall be in lieu of the permit fee established for vendors in section 38-9 of this article. "(4) d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (600) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such Feb 2004 parade vendor ordinance.doc 2 permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. "(~) e. Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. "(2) The City may allow parade organizers to administer the parade vending process by separate agreement." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. This ordinance shall take effect upon publication. Feb 2004 parade vendor ordinance.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the ,~t(~(,- day of F~r~,~(-~ ,2004, by the following vote: Samuel L. Neal, Jr. (~.~ Bill Kelly Brent Chesney (~ Rex A. Kinnison Javier D. Colmenero ~ Jesse Noyola Melody Cooper ~ Mark Scott Henry Garrett ~ That the foregoing ordinance was read for the second time and passed finally on this the ~Q. day of ~.%., , 2004 by the following vote: Samuel L. Neal, Jr. _ ~0~d.~.." Bill Kelly Brent Chesney ~ Rex A. Kinnison Ci.~' Javier D. Colmenero ~ Jesse Noyola Melody Cooper (~ Mark Scott Henry Garrett PASSED AND APPROVED, this the <~X. day of ~,_O_<~'~ ,2004. ATTEST: Arman'do Chapa City Secretary APPROVED: February 18, 2004 Lisa Aguilar Assistant City Attorney for City Attorney Feb 2004 parade vendor ordinance doc ,: ~.~e of Texas · ~unty of Nueces PUBLISHER'S AFFIDAVIT SSi CITY OF CORPUS CHRISTI Ad # 4828292 PO # Before me, the undermgned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, dim Hogg, dim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Calle~Times Interactive on the 8TH day(s) of MARCH, 2004. $56.25 TWO (2 } Time(s) Credit Manager Subscribed and sworn to me on the date of MARCH 09, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~ C1'.t~ C, ailer-Timee, Monelay; March 8, 2004 o~l~an~ wa~ pas~d and ap~ by ~e city c_,c~ ~' me C~