CODE OF THE SOUTH ORANGE VILLAGE
§138-40 Sidewalk Displays Restricted
A. No person shall place or cause, suffer or permit to be placed or maintained on or over any public sidewalk or other public walk of the village any showcase or stand or other construction or device for the display of merchandise, except as permitted by the Board Council members pursuant to §138-40D.
B. No person shall display or cause, permit or suffer to be displayed on or over any such public sidewalk or other public walk of the village any merchandise for sale or advertisement, except as permitted by the Board Council members pursuant to §138-40D.
C. Nothing in this section is intended to prevent the occupant of any building or a part of a building from making reasonable use of the sidewalk adjacent to the premises so occupied for loading or unloading furniture, fixtures, goods and merchandise, subject, however, to traffic and parking regulations or other ordinances and regulations applicable thereto, nor to prevent receptacles for garbage, ashes or refuse being placed temporarily upon the sidewalk in accordance with ordinances or other regulations applicable thereto.
D. The Board Council members may permit an outdoor display and/or sales on sidewalks and adjoining areas subject to the conditions contained herein. Following the adoption of an enabling resolution, a permit may be issued by the Village Clerk upon receipt of an application for a sidewalk sale and/or display.
E. A permit for an outdoor display and/or sale shall only be given if the applicant satisfies all of the following criteria:
F. Any permits issued hereunder shall be for no greater period of time than three consecutive days, with appropriate provisions for alternate days because of inclement weather, with hours of display and/or sale subject to the approval of the Board Council members.
G. The frequency of the issuance of permits shall be limited as follows:
- No permit shall be issued to any single commercial entity more than twice per calendar year.
- No permit shall be issued to a mercantile organization more than twice per calendar year.
H. The frequency of the participation in displays and/or sales shall be limited as follows:
- No person, partnership or any other business entity shall conduct more than two displays and/or sales per year, except as provided in §138-40H[3].
- No mercantile organization shall conduct more than two displays and/or sales per year.
I. Fees for displays and/or sales are as follows:
- A person, partnership or other business entity shall pay a fee of $25 for each permit issued.
- A mercantile organization shall pay a fee of $100 for each permit issued.
J. The requirements of this section shall not apply to the following, provided that an official uniform, clothing or other suitable identification approved by the Board Council members is displayed:
- Any recognized local nonprofit religious, charitable, educational or civic organization.
- Any such organization as the Boy Scouts, Girl Scouts, local volunteer fire department or local volunteer ambulance unit.
K. Any person who violates any provision of this section shall, upon conviction thereof, be punished in accordance with §1-20, General penalty.