Ord. 12-08 – Approved

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[ Code of Ordinances ]
Ord. 12-08 – Approved

ORDINANCE NO. 12-08

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY FLORIDA, AMENDING SECTION 13-3 – DISPLAY OF GOODS; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, it is important to protect the Town should a sidewalk sale or special event occur on public property; and

WHEREAS, the Town desires to ensure adequate levels of insurance protection for the Town; and

WHEREAS, it is not necessary to hold the Town harmless and provide a certificate of insurance for sales and special events held on private property; and

WHEREAS, the Town desires to minimize inconveniences to businesses desiring to hold sidewalk sales or special events on private property;

NOW, THEREFORE, BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, FLORIDA:

SECTION 1. That Sec. 13-3(b)(2) of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 13 3. Display of goods.

(a) Except as otherwise permitted by this section, every use customarily conducted within a building shall be conducted in a building enclosed on all sides with permanent walls. Unless a permit is obtained pursuant to this section, the sale or display for sale of goods, wares, merchandise, products, services, or material related to services, beyond the confines of such walls shall be prohibited. The display for sale of goods, wares, merchandise, products, services, or material related to services, as part of a sign permitted by the town code shall be excepted from the prohibitions of this sub-section.

(b) Sidewalk sales generally authorized. In the “R-P,” “C”, “C-1,” “C-2,” and “SC” zoning districts, a general permit for sidewalk sales is hereby authorized and issued for sidewalk sales meeting the following standards:

(1) No sidewalk immediately adjacent to a public right-of-way shall be completely blocked nor shall the flow of pedestrian traffic on any sidewalk be blocked, by merchandise, dress carts, tables, displays, or any other form of support, used in a sidewalk sale.

(2) If the Town permits a sidewalk sale to occur such that any part of it is within the public right-of-way or on public property, Aall vendors are liable for and shall in writing indemnify and hold harmless the Town for any injury (including death) to person or property occurring at, or as a direct or indirect result of, any sidewalk sale. Prior to engaging in a sidewalk sale, the vendor shall present to the Town a copy of a liability insurance policy in the amount of at least $100,000 $200,000 per person/$200,000 $300,000 per occurrence insuring the vendor and the Town, as an additional insured. The policy, paid for by the vendor, shall be written by a company authorized to write insurance within the State of Florida and shall be rated as a standard company rated at A+ or better by A.M. Best’s Rating Guide or equivalent specifications as approved by the town manager. The policy shall be non-cancelable without at least ten (10) days written notice to the town prior to cancellation.

SECTION 2. That Sec. 13-3(c)(2) of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

(c) Special events, grand openings and store anniversaries. In the “R-P,” “C”, “C-1,” “C-2,” and “SC” zoning districts, the town manager is hereby authorized to issue special permits for sidewalk sales, if the application meets all of the following standards:

(1) No sidewalk sale immediately adjacent to the public right-of-way shall be completely blocked nor shall the flow of pedestrian traffic on any sidewalk be blocked by merchandise, dress carts, tables, displays, signs or any other form of support used in a sale or special event;

(2) If the Town permits a sidewalk sale or special event to occur such that any part of it is within the public right-of-way or on public property Aall vendors are liable for and shall in writing indemnify and hold harmless the Town for any injury (including death) to person or property occurring at, or as a direct or indirect result of, any sale or special event. Prior to engaging in a sale or special event, the vendor shall present to the Town a copy of a liability insurance policy in the amount of at least $100,000 $200,000 per person/$200,000 $300,000 per occurrence insuring the vendor and the Town, as an additional insured. The policy, paid for by the vendor, shall be written by a company authorized to write insurance within the State of Florida and shall be rated as a standard company rated as A+ or better by A.M. Best’s Rating Guide or equivalent specifications as approved by the town manager. The policy shall be non-cancelable without at least ten (10) days written notice to the town prior to cancellation;

SECTION 3. Severability/Interpretation Clause.

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken through and deletions from existing text.
(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 4. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of April, 2012, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of May, 2012.

TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor
ATTEST: __________________________
Laura Eaton, CMC (TOWN SEAL)
Town Clerk