6.1 Ordinance No. 22-11114 Downtown Arts Entertainment District 2nd ReadingCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCALAPP OVAL:
NO: 6
Community and Development BY:
ITEM Services Department_ � FINAL AP ROVAL:
NO: 1
Page 1 BY: Lauren Driscoll, Director
BY:
ITEM:
Ordinance No. 22-11114 - Amending Chapter 6 Of The Salina Code By Amending Its Title And
By Adding An Article To Chapter 6 To Be Numbered Article Iv To Authorize, Permit And
Regulate Food Trucks, Horse -Drawn Vehicles And Pedicabs, Outdoor Merchandise And Minor
Sidewalk Dining Areas, Sidewalk Vending, And Street Performers Within The Area Designated
As The Downtown Arts, Commerce And Entertainment District In The City Of Salina, Kansas.
Background:
On May 23, 2022 the City Commission approved on first reading Ordinance No. 22-11114 - Adoption
and Creation of the Downtown Arts, Commerce and Entertainment District.
Since that time staff has made some minor changes to the ordinance and is requesting the City
Commission adopt those changes to Ordinance No. 22-11114 on second reading.
The majority of changes are administrative and technical. First, Section I and II of the ordinance
needed to be amended to match the prescribed language by code for renaming a chapter and creating
a new article. Second, the numbering and formatting of Division 4 — Horse -Drawn Vehicles and
Pedicabs needed to be revised as it did not match the formatting style of the other sections. Third,
the map intended for the Section 6.81 -Scope has been added to the ordinance.
A single contextual change is being proposed. Vehicles that can be used as pedicabs can vary greatly
and staff found that a maximum length such as 10 feet (as proposed in the original ordinance) may be
too restrictive and not necessary in the management of pedicab use within the downtown. Other
conditions enforced on pedicabs around parking, safe driving, and disruption of traffic will prohibit any
pedicab too large to be accommodated by appropriately sized parking and safe driving, therefore there
is no reason to restrict length.
The proposed change to pedicabs is as follows:
Sec. 6-191. Equipment and design requirements; pedicabs.
9. is not be wider than 54 inches at its widest point „_ t - than ten (' 0 feet at its .c .R
v�.bw [.nmT[ � a v� &.ai.n,
Staff has also attached for background information the bluesheet from the City Commission's May
23,2022 meeting which contains a significant amount of information related to the ordinance and its
drafting process.
CURRENT REQUEST:
The current request is to adopt Ordinance No. 22-11114 with staffs amendments on second reading
which will create the new Downtown Arts, Commerce and Entertainment District.
FISCAL NOTE:
The fiscal impact created by the adoption of this ordinance are associated with the staff resources
need to administer the ordinance's prescribed permittinq process.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Community and Development BY:
ITEM Services Department FINAL APPROVAL:
NO:
Page 2 BY: Lauren Driscoll, Director BY:
Resolution No. 22-8057 is being proposed at this same meeting to address fees associated with the
downtown activity permits created by this ordinance.
COMMISSION ACTION OR RECOMMENDED ACTION:
Staff has identified the following options for the City Commission's consideration:
Ordinance 22-11114 - Downtown Arts, Commerce and Entertainment District:
1.) Approve Ordinance No. 22-11114 on second reading as originally drafted and presented.
2.) Approve Ordinance No. 22-11114 on second reading with the amendments recommended by
staff and any other amendments as the City Commission deems appropriate.
3.) Postpone consideration of second reading of Ordinance No. 22-11114 to a specified date and
time and provide staff direction regarding additional information or amendments the City
Commission would like to request for their further consideration.
4.) Approve a motion to deny Ordinance No. 22-11114 resulting in a restriction or prohibition of
activates desired within the downtown.
Staff recommends Option #2.
Attachments:
1. 05/23/22 Bluesheet
2. Ordinance No. 22-1114 (DRAFT - With Amendments)
CC:
Brad Anderson, Arts and Humanities Director
Leslie Bishop, SDI
AGENDA SECTION
NO:
ITEM
NO:
Page 1
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development
Services Department
BY: Lauren Driscoll, Director
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
MIN
ITEM: Ordinance No. 22-11114 - Adoption and creation of the Downtown Arts and
Entertainment District
BACKGROUND:
On December 3, 2018 at a City Commission Study Session staff proposed the idea of a Downtown
Arts and Entertainment District. On the heels of the downtown street scape improvements, this project
and its involved public engagement efforts are a result of citizens, business owners, decision makers,
and city staff recognizing that we needed "code infrastructure" in order to support and enhance the
new physical infrastructure within Downtown.
Since March of 2019, over 35 stakeholders with 20+ organizations represented, have been meeting
as a part of the Downtown Art and Entertainment District Stakeholder Committee. This committee is
staffed by two departments, Arts and Humanities and Community and Development Services. The
stakeholder group meet roughly every two weeks for almost a year, their meetings were advertised in
the paper and open to the public. A project website (htto:o�o.sauna.ks. us/contewf 8394/18522136598/defawf asox)
was developed where meeting notes, draft code, and other documents were available for any
interested party. In addition to the extensive number of stakeholder committee meetings, staff and
the stakeholder committee held two open houses, one at the beginning or the project and one at the
end. These meetings gave the general public a chance to provide feedback on the code and its
concepts. Upon completing the code drafting process and second public open house, eight City
Boards and Commissions (Community Art & Design Advisory Committee, Parks & Recreation
Advisory Board, Arts & Humanities Commission, Business Improvement District Advisory Board,
Business Improvement District Design Review Board, Salina Community Economic Development
Organization, Planning Commission, Convention and Tourism Committee) reviewed the draft code to
provide feedback and gain understanding about how the new code might affect their activities and
duties. The City Commission also received updates regarding this project as it progressed,
culminating in a series of three study sessions scheduled prior the code's intended adoption date in
February and March of 2020. Unfortunately due to COVID19, only two of the three study sessions
occurred before the City went into pandemic lockdown resulting in the new code never getting
adopted. Since that time city staff, local businesses and community members have worked through
challenging times dealing with labor shortages, unsure supply chains, and an overall disruption in the
world. With the help of SDI, Salina Arts and Humanities, members of the stakeholder committee and
many other members of City staff we have worked to bring the finalized code forward and develop the
implementation tools need to make the new code work in "real life."
The purpose of the Downtown Arts & Entertainment Overlay District is to enable and promote
downtown as an arts, commerce and entertainment destination by encouraging new public spaces,
activities and businesses that expand on the City's revitalization efforts and transform downtown into
a vibrant hub for creating, working, living, and shopping. Together the merchants, building owners,
venues, artists, performers, organizations, and government have worked to embrace the established
arts and cultural uses within Downtown while promoting new opportunities that further recreation,
economic development and the humanities through programming, commerce, and community
involvement. The regulations within this chapter recognize the unique qualities of downtown as the
AGENDA SECTION
NO:
ITEM
NO:
Page 2
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development
Services Department
BY: Lauren Driscoll, Director
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
business and cultural center of our community, as a neighborhood of high-density residential choices,
and as a place where the environment encourages a vibrant street life, engaging public spaces and
attracts businesses, artist, workers, shoppers, visitors, tourists, and residents.
This new chapter was drafted and developed to address not only the newly desired uses within
downtown but to resolve conflicting codes and uses, streamline processes, simplifying the code
language, and ensure it is reflective of the stakeholders directly impacted. The code drafting process
started by holding the first meeting with the stakeholder group where a comprehensive list of
advantages, needs, and challenges were identified. Through this exercise it became clear that special
events overlapped greatly with many of uses downtown and a concentration of special events occurred
there because of the ideal locations and general synergy within downtown. Currently, the City has a
special event permit but no code, fees, or enforcement specifically attributed to special events. The
permit is simply a long list of questions to gather details in order to figure out what codes, polices, and
procedures overlap with the event. The permit was developed because every special event is unique
and requires review and coordination by almost every department in the City, rather than expecting
the citizen to visit many departments and partake in multiple permits the special event permit tried to
bring it all together. The stakeholder group recommended that in addition to addressing issues like
food trucks, buskers, and outdoor retail within new district regulations the group should also discuss
how the special event permit process could be improved. Staff will be bringing forward a revised
special event permit process for the Commission review at a future meeting date, ideally before July
2022.
Downtown Art, Commerce, and Entertainment District
The Downtown Arts and Entertainment District as it has been referred to throughout this project will
now be known as the Downtown Arts, Commerce and Entertainment district. This title change was a
suggestion made recently by retailers within the downtown. Staff and other stakeholders embraced
the idea, acknowledging it could be called the A (arts) C (commerce) E (entertainment) District for
short and that a catchy name like ACE could lend its self well to marketing.
Nine main topic areas of discussion where identified by the group and set the stakeholders
committee's meeting schedule. The topics included district boundaries, methods of permitting, mobile
vendors, alcohol, private and public spaces, special events, policies and procedures, and
communication and coordination. The meeting method had the group meeting about every two weeks
with a new subject being introduced and the previous subject's code being drafted between meetings;
therefore, each meeting generally included two parts, the new subject and review of the previous
subjects newly drafted materials. The group chose to address firstly the district boundaries and how
the code's architecture would be created. Code architecture references how all the pieces of a code
fit together and should intern reflect how users, administrators, and enforcement individuals will use
the code. Understanding the code architecture going into the drafting process helped staff translate
the group's ideas into rules and regulation that worked cohesively in the end. The Downtown Arts,
Commerce and Entertainment (ACE) District boundaries are a combination of the STAR Bond
boundaries, C-4 zoning district, the River Renewal project, and analysis of parks, public spaces, and
residential housing areas. The group after much discussion and analysis, including four draft maps,
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2022 4:00 P.M.
AGENDA SECTION
ORIGINATING DEPARTMENT:
FISCAL APPROVAL:
NO:
BY:
Community and Development
Services Department
ITEM
FINAL APPROVAL:
NO:
Page 3
BY: Lauren Driscoll, Director
BY:
concluded that they wanted an overlay district that worked with the C-4 zoning boundaries and they
acknowledged that as new public spaces evolved (like around the river) the map could be amended
for future uses but did not need to be included now. The selected district boundary encapsulates all
of the C-4 zoning district and includes all of the STAR BOND district with a couple exceptions. There
is a public parking lot on the corner of Iron and 7'h and the City -County Building on the corner of Ash
and 7"' where not included in the STAR Bond district because they did not generate sales tax but the
stakeholder group thought both locations should be included in the ACE District because they could
host special events. The codes architecture is based on a simple principle that the code needs to be
easy to add new uses and structured in such a way that new uses could be easily added. It was also
recognized that this section of code would have a lot of different types of users so it needed to be easy
to navigate. With both of those requirements in mind, the code is drafted with administrative items to
start, boundaries, definitions, and most importantly the permitting process. By putting all of the
permitting info in one spot, no matter the activity, it makes it easy to keep the application process as
uniform as possible intern more efficient for staff and the applicant. The activity section is designed
to clearly list all applicable activates while allowing for new activities to be added without having to do
a major code re -write each time. Each activity section is also written in a way that includes the same
key topics and those topics are addressed in the same order, if applicable, in each section. This
standardizing of the structure makes it easier to use and stay consistent within the rules and
regulations. Lastly the code ends with a section outlining enforcement for all actives. Again, this
section aims to standardize and consolidate consequences for not following the rules into one section.
The permitting process decided on by the stakeholder group centered around the process needing to
be digital, easy, and if possible done only once a year. Through research staff identified downtowns
like New Orleans and Denver that licensed users such as street merchants or buskers. Staff went with
that idea and where possible, ACE District permits are meant to be applied for only once a year.
Applicants can apply any time within the calendar year but the permit will expire on 12/31 of that year
and require reapplication for the next year. This is very similar to how we currently handle several
other licenses and permits within the City and our digital permitting platform, LAMA, is already set up
to do this kind of permit.
Whilst discussing mobile vending and public private spaces the group narrowed their ideas down to
several key activities they wanted specifically addressed within the new code. Those activities include
food trucks, horse-drawn vehicles and pedicabs, outdoor merchandise areas and minor sidewalk
dining areas, sidewalk vending, and street performers. For the sake of this report I will highlight the
key features or issues addressed within each activity but refrains from addressing every detail. All
details of the proposed code can be reviewed by seeing the attached draft.
Food trucks are welcome downtown but where and when they operate was the major issue
amongst the stakeholder group. Restaurants in downtown felt it was unfair for a food truck to
park in front of their business during regular working hours when they were paying all of the
costs of a brick and mortar building and the food truck only had the expense of getting an annual
permit. The compromise came in the form of where and when food trucks operate. From 6am
to 10pm food trucks must operate in one of the food truck designated parking spaces within
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2022 4:00 P.M.
AGENDA SECTION
ORIGINATING DEPARTMENT:
FISCAL APPROVAL:
NO:
Community and Development
Services Department
BY:
ITEM
FINAL APPROVAL:
NO:
Page 4
BY: Lauren Driscoll, Director
BY:
downtown. These parking spaces are located near or at the rear of every plaza along Santa
Fe. These parking spaces not only keep food trucks away from the restaurants but they create
energy in the plazas by encouraging customers to stay and enjoy the plazas, use the tables
and chairs there and keeps the crowds out of the roads and sidewalks. The food truck parking
spaces will be available for digital reservation on the City's website and will be marked to
indicate their special use with signs and/or paint. After 10pm and till 2am the following day food
trucks can park anywhere within the ACE District as long as they comply with general parking
requirements as outlined in code. 10pm was decided on because that is the hour that most
restaurants stop serving food or the dinner rush is over yet it still allows the food trucks to help
with bar goers who may want a late night bit to eat.
The focus on the use of horse-drawn carriages and pedicabs centers on where the vehicles
pick-up and drop-off patrons, general operational guidelines were also prescribed. Specific to
the use of horse-drawn carriages is a section related to animal welfare and care.
A significant issue identified by the stakeholder group was figuring out how retailers could use
the sidewalk to engage customers and have outdoors sales like the restaurants have outdoor
dining. Without the proposed ACE District regulations, retailers can get a temporary use permit
for a sidewalk sale (that needs to be applied for every time they want to do it) or under Chapter
35-40.0 Sidewalk Signs and Outdoor Furniture they can get a permit to display some outside
decor but not sell merchandise. The new code will create an outdoor merchandise and minor
sidewalk dining area permit. This permit allows retailers to apply only once a year for their very
own "bubble" outside their store where they can place decor (flowers, sandwich board signs,
etc...), portable furniture and merchandise. Restaurants like cafes or bakeries that don't sell
alcohol may choose this permit because it is less rigorous then the license agreement required
for a permanent outdoor dining areas and/or alcohol use. All things within the outdoor
merchandise and minor sidewalk dining areas must be temporary, meaning it must all be taken
in at the end of the day.
The stakeholder group acknowledged that we didn't have a lot of street vending or sidewalk
performers but attributed that to not having any rules, meaning that it felt like it was prohibited.
Therefore, the group wanted to clearly allow sidewalk vending and street performances but also
wanted to ensure that those uses interacted harmoniously with the other downtown activities.
Both sections of code outline operational requirements and identify what locations these
activities are allowed.
The suspension, revocation, and enforcement chapter identifies how, if a permittee cannot abide by
the rules of the district or if an individual is operating without a permit, enforcement action is taken. In
general if a permit holder is not operating within the requirements of their permit it can be suspended
for 90 days. If the behavior persist then the permit can be revoked permanently, revocation is decided
on by the City Manager. There is an appeal process to the City Commission for revocations.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2022 4:00 P.M.
AGENDA SECTION
ORIGINATING DEPARTMENT:
FISCAL APPROVAL:
NO:
Community and Development
Services Department
BY:
ITEM
FINAL APPROVAL:
NO:
Page 5
BY: Lauren Driscoll, Director
BY:
CURRENT REQUEST:
The current request is to adopt Ordinance 22-11114 which will create the new Downtown Arts,
Commerce and Entertainment District. Adopting the district is one step in the process to creating the
vibrant and active downtown that the stakeholder committee envisioned. The Ordinance is set to
become effective after June 13, 2022. Staff has set a delayed effective date to allow time for
implementation activities such as the fees resolutions as well as finalizing the new permits in LAMA
and other administrate task needed for implementation. Arts and Humanities staff along with Salina
Downtown, Inc staff are working on outreach and education materials and meeting with downtown
businesses.
In a pre-COVID time this project was intended to start adopting code sections in early spring of 2020
with the intention of completing the code adoption along with implementation activities in time for
summer and fall activities within the downtown. However, in a post-COVID world we do not have the
luxury of that schedule so we met with a group of stakeholders in March of 2022 and asked forfeedback
on how we should move this project forward. The group unanimously agreed we just needed to take it
one step at a time and we shouldn't wait for a "perfect time." The group also agreed to meet quarterly
over the next year to provide feedback on how the new district was working. Many of the activities
identified in the new district have never been tried in Salina before and we are sure some tweaking of
the code will be required once we see how it performs in "real life."
FISCAL NOTE:
There is no direct fiscal impact to the City.
Although adding new permits or processes can absorb more resources, staff feels that having a more
clear process and outlined rules will decrease a lot of work already being done to address question or
work through other more complicated processes.
COMMISSION ACTION OR RECOMMENDED ACTION:
Staff has identified the following options for the City Commission's consideration:
Ordinance 22-11114 - Downtown Arts, Commerce and Entertainment District:
1.) Approve Ordinance No. 22-11114
2.) Approve Ordinance No.22-11114 with amendments as the City Commission deems
appropriate.
3.) Postpone consideration of Ordinance No. 22-11114 to a specified date and time and provide
staff direction regarding additional information or amendments the City Commission would like
to request for their further consideration.
4.) Approve Ordinance No. 22-11114 on first reading and provide direction regarding additional
information or amendments the City Commission would like to request for their further
consideration at the time of second reading.
5.) Vote to deny Ordinance No.22-11114 resulting in a restriction or prohibiting of activates desired
within the downtown.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2022 4:00 P.M.
AGENDA SECTION
NO:
ITEM
NO:
Page 6
Staff recommends Option #1.
Attachments:
1. District Map
2. Stakeholder Committee List
3. Ordinance No. 22-1114 (DRAFT)
CC:
Brad Anderson, Arts and Humanities Director
Leslie Bishop, SDI
ORIGINATING DEPARTMENT
Community and Development
Services Department
BY: Lauren Driscoll, Director
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2022 4:00 P.M.
AGENDA SECTION
ORIGINATING DEPARTMENT:
FISCAL APPROVAL:
NO:
Community and Development
Services Department
BY.
ITEM
FINAL APPROVAL:
NO:
Page 7
BY: Lauren Driscoll, Director
BY:
ORDINANCE NO. 22-11114
AN ORDINANCE AMENDING CHAPTER 6 OF THE SALINA CODE BY AMENDING
ITS TITLE AND BY ADDING AN ARTICLE TO CHAPTER 6 TO BE NUMBERED
ARTICLE IV TO AUTHORIZE, PERMIT AND REGULATE FOOD TRUCKS, HORSE-
DRAWN VEHICLES AND PEDICABS, OUTDOOR MERCHANDISE AND MINOR
SIDEWALK DINING AREAS, SIDEWALK VENDING, AND STREET PERFORMERS
WITHIN THE AREA DESIGNATED AS THE DOWNTOWN ARTS, COMMERCE AND
ENTERTAINMENT DISTRICT IN THE CITY OF SALINA, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. The title of Chapter 6 of the Salina Code is hereby amended to read as follows:
Chapter 6 — Arts, Commerce and Entertainment
Section 2. The Salina Code is hereby amended by adding an article to chapter 6 to be numbered
article IV, which article reads as follows:
ARTICLE IV. DOWNTOWN ARTS, COMMERCE AND ENTERTAINMENT
DISTRICT
DIVISION 1. PURPOSE AND DEFINITIONS.
Sec. 6-80. Purpose.
The purpose of this article is to authorize and regulate various activities within the area to
be designated as the downtown arts, commerce and entertainment district, and to establish
and promote downtown Salina as an arts, commerce and entertainment destination by
encouraging new public spaces, activities and businesses that expand on revitalization
efforts and transform the downtown area into a vibrant hub for creating, working, living,
and shopping, and to create new opportunities that further recreation, economic
development, and arts, through programming, commerce, and community involvement.
This article is intended to recognize and promote the unique qualities of downtown Salina
as the business and cultural center of the community, as a neighborhood of high-density
residential choices, and as a place where the combined environment encourages a vibrant
street life and engaging public spaces, and attracts businesses, artists, workers, shoppers,
visitors, tourists, and residents.
Sec. 6-81. Scope.
The provisions of this article shall apply to
entertainment district, which is depicted as follows:
1
the downtown arts, commerce and
Sec. 6-82. Conflict between Code provisions.
Notwithstanding any other provision of this code, where a provision of this article is found
to be in conflict with any other provision of this code, this provision of this article shall
prevail.
Sec. 6-83. Definitions.
Whenever used in this article, the following terms and their derivations shall be defined as
follows:
(a) Adjoining sidewalk or plaza means the area of sidewalk or plaza located within the
area defined by the projection of the angle of the exterior walls of a building. If a
building has adjoining sidewalk or plaza on connecting sides, the area between the
two resulting segments of adjoining sidewalk or plaza may be included in the
"adjoining sidewalk or plaza" for purposes of determining the outdoor
merchandise area or minor sidewalk dining area.
(b) Downtown activity permit means a permit issued by the city to a person pursuant
to this article, which authorizes such person to operate:
(1) a food truck;
(2) a horse-drawn vehicle;
(3) a pedicab;
(4) an outdoor merchandise area;
(5) a minor sidewalk dining area;
(6) a pushcart; or
(7) as a vending street performer.
(c) Downtown arts, commerce and entertainment district means that area subject to
the provisions of this article, and described in section 6-81.
(d) Extended sidewalk or plaza means the area of sidewalk or plaza connected to and
uninterruptedly extending from the adjoining sidewalk or plaza.
(e) Food truck permittee means a person authorized to operate a food truck pursuant
to a downtown activity permit issued by the city under this article, and such
person's employees and agents.
(f) For hire means the provision of services, or the offering of services, in exchange
for the payment of money or other consideration.
(g) Horse-drawn vehicle means a wagon, coach, or other vehicle that is powered in
whole or in part by one or more horses or mules and is used to carry passengers
for hire.
(h) Horse-drawn vehicle permittee means a person authorized to operate a horse-
drawn vehicle pursuant to a downtown activity permit issued by the city under this
article, and such person's employee's and agents.
(i) Merchandise means any goods or commodities for use or consumption.
0) Minor sidewalk dining means the consumption of food or beverages, but excluding
alcoholic liquor beverages or cereal malt beverages, by patrons of a restaurant
outdoors on a specific area of a sidewalk and/or plaza set aside for that purpose,
which does not involve: (1) installation of any fixture in or on the sidewalk dining
area; or (2) the placement or display of any object in the sidewalk dining area other
than during the regular hours of operation for the permittee's adjacent interior
restaurant.
(k) Minor sidewalk dining area means that portion of the sidewalk or plaza which has
been approved by the city for minor sidewalk dining pursuant to a downtown
activity permit issued by the city under this article.
(1) Minor sidewalk dining area permittee means a person authorized to operate a
minor sidewalk dining area pursuant to a downtown activity permit issued by the
city under this article, and such person's employee's and agents.
(m) Outdoor merchandising means displaying, exhibiting, selling, or offering for sale
or consumption merchandise by the owner of a building, or the owner's tenant, on
a specified area of sidewalk and/or plaza that adjoins the building. The term
outdoor merchandising shall not include sidewalk dining.
(n) Outdoor merchandise area means that portion of the sidewalk or plaza which has
been approved by the city for outdoor merchandising pursuant to a downtown
activity permit issued by the city under this article.
(o) Outdoor merchandise area permittee means a person authorized to operate an
outdoor merchandise area pursuant to a downtown activity permit issued by the
city under this article, and such person's employee's and agents.
(p) Pedicab means a vehicle, whether motorized, motor -assisted, or propelled solely
by human power, which is designed to travel on three (3) or more wheels in contact
with the ground and be operated by a driver for the purpose of transporting, for
hire, one (1) or more persons riding on seats or a platform.
(q) Pedicab permittee means a person authorized to operate a pedicab pursuant to a
downtown activity permit issued by the city under this article, and such person's
employee's and agents.
(r) Perform, performing, or performance shall mean to engage in any of the following
activities on public right-of-way or public property: playing musical instruments;
singing; dancing; acting; pantomiming; puppeteering; juggling; reciting; engaging
in magic; creating visual art in its entirety; presenting or enacting a play, work of
music, work of art, physical or mental feat, or other constitutionally protected
entertainment or form of expression. The terms Perform, Performing, Performance
or Performances shall not include the:
(1) provision of personal services;
(2) completion or other partial creation of visual art, other than creation and
completion of the visual art in its entirety;
(3) creation of visual art which is mass produced or produced with limited
variation; or
(4) creation of handcrafts or other objects that do not communicate a message,
idea, or concept to others and are mass produced or produced with limited
variation.
(s) Plaza means any uncovered city -owned real property or public right-of-way
designated for pedestrian public use and not motor vehicle traffic or parking.
(t) Public property means any real property owned, leased, operated, or controlled by
the city, excluding that which is used by vehicular or pedestrian traffic and defined
herein as public right-of-way. Public property includes plaza, as defined herein.
(u) Public right-of-way means the area of real property in which the city has a
dedicated or acquired right-of-way or easement interest in the real property. It shall
include the area on, below, or above the present and future streets, alleys, avenues,
El
roads, highways, parkways, boulevards, or sidewalks dedicated or acquired as
right-of-way or easement.
(v) Pushcart means a wheeled cart which may be moved by a person without the
assistance of a motor and which is designed and used in an outdoor area for
displaying, keeping or storing any food, beverages, or other merchandise for sale
by a vendor.
(w) Restaurant shall have the same meaning as provided in section 42-755, and
amendments thereto.
(x) Sidewalk dining means the consumption of food, beverages (including, but not
limited to, alcoholic liquor beverages or cereal malt beverages), or both, by patrons
of a restaurant outdoors on a specific area of a sidewalk and/or plaza set aside for
that purpose.
(y) Sidewalk dining area means that portion of the adjoining sidewalk or plaza and, if
applicable, the extended sidewalk or plaza which has been approved by the city
for major or minor sidewalk dining pursuant to a sidewalk cafe license agreement
or a downtown activity permit, as applicable.
(z) Sidewalk vending permittee means a person authorized to operate as a sidewalk
vendor pursuant to a downtown activity permit issued by the city under this article,
and such person's employees and agents.
(aa) Sidewalk vendor shall mean a person who engages in or carries on the business of
vending upon a public sidewalk.
(bb) Street performer shall mean a person who performs. Indicia of being a performer
include, but are not limited to, setting up performance equipment, staging or
orienting the performance towards the public, performing in the same location for
an extended period of time, performing in public over multiple days, seeking
voluntary contributions through the passing around of a hat or leaving open an
instrument case or other receptacle, and soliciting donations after a performance.
(cc) Vend or vending shall mean to sell or barter food, beverages, or other merchandise
or services, or to require someone to pay a fee or to set, negotiate, or establish a
fee before providing food, beverages, or merchandise or services, even if
characterized as a donation. The term vending shall not include operations
conducted from a food truck.
(dd) Vending street performer shall mean a street performer who vends.
(ee) Vending street performer permittee shall mean a person authorized to act as a
vending street performer pursuant to a downtown activity permit issued by the city
under this article.
DIVISION 2. DOWNTOWN ACTIVITY PERMIT APPLICATIONS
AND PERMITTING.
Sec. 6-110. Application; form.
Each applicant seeking to obtain a downtown activity permit shall apply for a permit in
writing on such form(s) as the city clerk may prescribe.
Sec. 6-111. Non -vending street performers; no permit required.
A person shall not be required to obtain a downtown activity permit for purposes of
performing as a street performer within the downtown arts, commerce and entertainment
district in accordance with the provisions of this article, unless such person operates as a
vending street performer.
Sec. 6-112. Application fee.
Each applicant seeking to obtain a downtown activity permit pursuant to this article shall
pay a non-refundable fee to the city clerk in an amount determined pursuant to section 2-
2.
Sec. 6-113. General application requirements.
Each application for a downtown activity permit shall be complete and signed by the
applicant or the applicant's authorized representative or agent, who shall in each case be at
least eighteen (18) years of age, and shall include or be accompanied by the information
required by sections 6-114 through 6-117, as applicable, along with the following general
information:
1. the name, address, and telephone number of the applicant;
2. a description of each proposed downtown activity for which the application is
being submitted;
3. a completed application for any other permit or approval required by this code
or applicable law;
4. such other information as is required by this article or reasonably required by
the city to determine the applicant's eligibility and qualifications for a
downtown activity permit in accordance with the criteria, standards, and
qualifications set forth in this article.
Sec. 6-114. Food trucks; additional requirements.
In addition to the general information required by section 6-113, an application to operate
a food truck shall contain:
1. A copy of the applicant's current food establishment license.
2. A copy of the city fire marshal's approved inspection report, evidencing a
satisfactory inspection of the food truck by the city's fire marshal within the
preceding twelve (12) months.
3. A copy of a certificate of insurance as prescribed by this article establishing that
the applicant has procured appropriate liability insurance and that such
insurance is current.
Sec. 6-115. Horse-drawn vehicles and pedicabs; additional requirements.
In addition to the general information required by section 6-113, an application to operate
a horse-drawn vehicle or pedicab shall contain:
1. The name of, and a copy of a valid Kansas driver's license for, each that will
operate the horse-drawn vehicle or pedicab, as applicable, under the permit for
which the application is being submitted.
2. A copy of a certificate of insurance, as prescribed by this article, establishing
that the applicant has procured appropriate liability insurance and that such
insurance is current.
3. A statement of the applicant's qualifications and prior experience in relation to
the transportation of passengers.
4. The number of vehicles to be operated under the permit, and with respect to
each vehicle, the following information, as applicable: make, model, year, body
style, vehicle identification number, seating and weight capacity, and physical
condition.
5. Depiction of the company's insignia or logo to be used to designate the
applicant's vehicles.
6. A digital photograph of each vehicle the applicant seeks a permit to operate, in
a format approved by the city clerk.
7. A copy of the applicant's fare schedule.
8. A signed statement confirming that the applicant and each of the applicant's
drivers have not been convicted of three (3) or more violations of the provisions
of this article within the two (2) year period preceding the date of the
application.
Sec. 6-116. Outdoor merchandise areas and minor sidewalk dining areas;
additional requirements.
In addition to the general information required by section 6-113, an application to
operate an outdoor merchandise area or minor sidewalk dining area shall contain:
1. If the applicant seeks to serve food within the outdoor merchandise area or
minor sidewalk dining area, a copy of any food establishment license(s)
required by applicable law.
2. A copy of a certificate of insurance, as prescribed by this article, establishing
that the applicant has procured appropriate liability insurance and that such
insurance is current.
3. If the applicant seeks to operate an outdoor merchandise area or a minor
sidewalk dining area on extended sidewalk or plaza, written permission of all
owners of record (including all equitable owners, if any) and all tenants, if any,
of the real property that immediately abuts or adjoins the extended sidewalk or
plaza.
4. A site plan showing:
i) Property lines and, if applicable, any building setbacks of the subject
property.
ii) An elevation drawing.
iii) The square footage of the outdoor merchandise area or minor sidewalk
dining area;
iv) A drawing or diagram showing the configuration of all objects within the
outdoor merchandise area or minor sidewalk dining area and all surface
obstructions within fifteen (15) feet of the proposed outdoor merchandise
area or minor sidewalk dining area.
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v) A drawing or diagram showing the width of unobstructed walkway
abutting or adjoining the outdoor merchandise area or minor sidewalk
dining area.
vi) Points of access to the outdoor merchandise area or minor sidewalk dining
area.
vii) Points of access to the applicant's building and any other building
immediately adjacent to the proposed outdoor merchandise area or minor
sidewalk dining area.
viii)Pictures or renderings of all objects to be placed within the outdoor
merchandise area or minor sidewalk dining area.
Sec. 6-117. Pushcarts; additional requirements.
In addition to the general information required by section 6-113, an application to operate
a pushcart shall contain:
1. A copy of a certificate of insurance, as prescribed by this article, establishing
that the applicant has procured appropriate liability insurance and that such
insurance is current.
2. If the applicant seeks to serve food from the pushcart, a copy of the applicant's
current food establishment license(s).
3. Plans, pictures, or renderings showing the dimensions of each pushcart and
demonstrating that each pushcart complies with the standards of this article.
Sec. 6-118. Issuance or denial of permit; appeals.
(a) The city clerk shall process each valid and administratively complete application
for a downtown activity permit within ten (10) business days.
(b) No downtown activity permit shall be approved for any person who is ineligible
pursuant to the provisions of this article or regulations adopted pursuant to this
article.
(c) The city clerk shall issue the requested permit if a complete application complying
with this article and all adopted policies and procedures is filed and all of the
following conditions are met;
1. The applicant is eligible and qualified for a downtown activity permit in
accordance with the criteria, standards, and qualifications set forth in this
article;
2. The applicant pays all required fees and agrees to comply with all conditions of
the permit;
3. The proposed activity does not pose an unreasonable risk to public health or
safety or the physical integrity of public property or the public right-of-way;
and
4. The applicant has not had a downtown activity permit revoked by the city for
any reason within twelve (12) months prior to the submission of the application.
(d) Any applicant aggrieved by the denial of a permit application or who objects to
restrictions or conditions included in the permit may appeal the matter to the
governing body by submitting a request for the appeal, in writing, to the city clerk.
An appeal shall be considered by the governing body at a regular meeting to be held
within fifteen (15) days of receipt of the appeal. The governing body may affirm
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or overrule the decision of the city clerk, or approve the application with conditions.
Any applicant aggrieved by the governing body's decision may seek judicial review
in a manner provided by law.
Sec. 6-119. Duration of initial permit; renewal.
(a) Any permit issued pursuant to this article shall be for a term of the remainder of the
calendar year in which the permit is issued.
(b) A downtown activity permit may be renewed by making application to the city
clerk on application forms provided for that purpose. Downtown activity permits
shall expire on December 31 of each calendar year, and renewal applications for
such permits shall be submitted between November 1 and December 10.
(c) Upon timely application and review as provided for a new downtown activity
permit, a downtown activity permit issued under the provisions of this article shall
be renewed by issuance of a new downtown activity permit in the manner
provided herein.
(d) If the application for renewal of a downtown activity permit is not made during
the time provided herein, the permit shall expire on December 31 and a new
application shall be required.
Sec. 6-120. Permits subject to ordinances and regulations; indemnification.
(a) All permits issued under this article shall be subject to the city ordinances and the
rules and regulations adopted hereunder. A permittee shall be bound by such rules,
regulations, and ordinances as fully as though the same were inserted in such
permits.
(b) To the fullest extent permitted by law, a permittee shall defend, indemnify and hold
harmless the city, its agents, representatives, officers, officials and employees from
and against all claims, damages, losses and expenses (including but not limited to
attorney fees and court costs) attributable to bodily injury, sickness, disease, death,
or injury to, impairment, or destruction of property, including loss of use resulting
therefrom, to the extent that such claims, damages, losses, and expenses relate to,
arise out of, or are alleged to have resulted from the acts, errors, or omissions of a
permittee, its officers, employees, agents, servants, invitees, patrons, or contractors
in connection with the use or occupancy of public right-of-way or public property
under a downtown activity permit.
Sec. 6-121. Permits to be exhibited.
Any person claiming to have a permit issued under this article shall produce and exhibit
such permit upon the request of any authorized person who may desire to inspect the same.
Sec. 6-122. Transferability.
A downtown activity permit issued under this article shall not be assignable or transferable
under any circumstances from one person to another person.
DIVISION 3. FOOD TRUCKS.
Sec. 6-150. Food truck; permit required.
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No person shall operate a food truck in the downtown arts, commerce and entertainment
district without a permit issued pursuant to this article.
Sec. 6-151. Food truck; applicable law.
No person shall operate a food truck in violation of the applicable provisions of this code,
state law, or federal law.
Sec. 6-152. Food truck; operation on private property.
A food truck permittee shall not operate a food truck on private property:
1. without written permission of the owner;
2. other than between the hours of 6:00 a.m. and the following 2:00 a.m.;
3. within 50 feet of the main entrance of a restaurant or outdoor dining space,;
4. within five feet of a driveway apron;
5. within five feet of a utility box, utility vault, accessibility ramp, or emergency
call box;
6. within 15 feet of a fire hydrant;
7. within 25 feet of an outdoor merchandise area in which a permitted food truck
is operating; or
8. within 100 feet of the designated location of a special event conducted pursuant
to this chapter, unless authorized to participate in the special event by the
special event organizers.
Sec. 6-153. Food truck; operation on public property - designated food truck areas.
(a) A food truck permittee shall not operate a food truck on public property except in
a food truck parking area designated by the city manager pursuant to this section.
(b) A food truck permittee shall not operate a food truck on designated areas located
on public property other than between the hours of 6:00 a.m. and the following
10:00 p.m., unless otherwise permitted. Reservation of designated food truck areas
must be secured through the city.
(c) The city manager is authorized to temporarily designate, mark, or reserve
designated food truck parking areas on public property, to be used only by a food
truck permittee. The city manager may establish additional application procedures
and administrative requirements for permitting and operation of food trucks in
designated food truck parking areas on public property.
Sec. 6-154. Food truck; hours of operation in the public right-of-way.
A food truck permittee shall not operate a food truck in the public right-of-way other than
between the hours of 10:00 p.m. and the following 2:00 a.m.
Sec. 6-155. Food truck; operation in the public right-of-way and public parking lots.
A food truck permittee shall not operate a food truck upon any public right-of-way, or upon
any public parking lot identified as a designated food truck parking area by the city
manager pursuant to section 6-153:
1. outside of regularly designated public parking space(s);
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2. while parked in a manner that occupies more than three (3) public parking
spaces, if parked horizontally, or more than two (2) public parking spaces, if
parked diagonally;;
3. with an operating serving window that faces or is angled toward street traffic;
4. within 50 feet of the main entrance of a restaurant, outdoor dining space, or
operating food truck;
5. within five feet of a driveway apron;
6. within five feet of a utility box, utility vault, accessibility ramp, or emergency
call box;
7. within 15 feet of a fire hydrant;
8. within 25 feet of an outdoor merchandise area in which a permitted food truck
is operating;
9. within 100 feet of the designated location of a special event conducted pursuant
to this chapter, unless authorized to participate in the special event by the
special event organizers;
10. within or in a manner that prohibits or restricts access to a loading zone,
handicap accessible parking space, crosswalk, bus stop, bicycle lane, bicycle
parking area, or other limited or designated use public parking space; or
11. in a manner that prohibits or restricts access to private property.
Sec. 6-156. General operational requirements applicable to food trucks.
(a) A food truck permittee shall ensure that a designated person is present at all times
to supervise the operation of a food truck.
(b) A food truck permittee shall maintain at least six (6) feet of unobstructed clearance
for pedestrian traffic on all sides of a food truck; if a food truck is parked diagonally
in a diagonal public parking space, the food truck permittee shall be required to
block vehicular access to the adjacent parking space on each side of the food truck,
with at least two traffic cones used to block each parking space.
(c) A food truck permittee shall not cause or allow a food truck to be driven over, or
parked on, a curb or sidewalk.
(d) A food truck permittee shall not sell, offer for sale, or solicit offers to purchase from
any person in a motor vehicle.
(e) A food truck permittee shall not allow a food truck to be stored, parked, or left
overnight on public right-of-way or other public property.
(f) A food truck permittee shall not allow a food truck to be connected to any electrical
outlet or other power source owned by the city. No extension cord serving a food
truck shall traverse the public right-of-way, and no power source shall create a
hazard to the public health, safety or welfare.
(g) In the event of a declared emergency or in a situation where exigent circumstances
arise, a food truck permittee shall comply with all orders and directions of any duly
authorized officer or agent of the city, or of any law enforcement officer.
(h) A food truck permittee shall not use or have on a food truck any bell, siren, horn,
bullhorn or loudspeaker or similar device to attract attention.
(i) A food truck permittee shall not consume or be under the influence of alcoholic
beverages or other drugs while operating a food truck.
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(j) A food truck pennittee shall prominently display on the food truck the permittee's
current food truck permit and any other permits required to operate the food truck
under applicable law.
(k) A food truck permittee shall not utilize tables, chairs, freestanding signage, or audio
amplification in connection with the operation of a food truck. All equipment shall
be contained within or on the food truck, excluding required trash and refuse
disposal equipment.
(1) A food truck shall be open and subject to inspection at all reasonable times by
authorized representatives of the city to ascertain that the food truck permittee is
complying with the requirements of the permit, this code, and all applicable laws
and regulations.
(m)A food truck permittee shall not sell or offer for sale any alcoholic beverages, unless
authorized to do so in association with a special event conducted pursuant to this
chapter, and only after securing all applicable pen -nits and licenses required by this
code and applicable law.
Sec. 6-157. Trash and refuse requirements.
(a) A food truck permittee shall collect and dispose of all refuse associated with the
food truck's operation and shall maintain clean and sanitary conditions in and
around the food truck at all times.
(b) A food truck permittee shall provide refuse and recycling containers within twenty-
five (25) feet of the food truck, in sufficient number and capacity to properly store
all refuse generated by the food truck's operations.
(c) A food truck permittee shall not use public trash receptacles to dispose of refuse
associated with the food truck. A food truck permittee shall display on the food
truck a notice to customers requesting the use of the food truck permittee's
designated refuse or recycling receptacles.
(d) A food truck permittee shall, at all times, including but not limited to at the
conclusion of daily operations at each permitted location, maintain a twenty-five
(25) foot radius around the food truck that is clear of all refuse generated by the
food truck and its operation.
(e) A food truck permittee shall privately dispose of all liquid waste or grease and shall
not cause or allow liquid waste or grease to be poured or discharged into any public
facilities, including but not limited to any planter, storm drain, gutter pan, sidewalk
or any other public property, or to be released or discharged into the city's sanitary
sewer system.
Sec. 6-158. Insurance.
(a) A food truck permittee shall carry an insurance policy that insures the permittee in
an amount not less than five hundred thousand dollars ($500,000.00) per single
incident for any liability associated with the failure of the permittee, its officers,
employees, agents, servants, invitees, patrons or contractors, to exercise reasonable
care and diligence in the operation of a food truck during the term of the permit and
for as long as the permittee continues to operate a food truck following termination
or expiration of the permit. Failure of a permittee to comply with these requirements
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shall not be construed as a waiver of these requirements or provisions and shall not
relieve the permittee of liability.
(b) All insurance policies shall be issued by insurance companies rated no less than A -
VII in the most recent "Bests" insurance guide, and admitted in the State of Kansas.
All such policies shall be in such form and contain such provisions as are generally
considered standard for the type of insurance involved.
(c) A food truck permittee shall provide the city with a certificate of insurance listing
the city as the certificate holder and evidencing compliance with the insurance
requirements in this article. The city has the right to require complete certified
copies of all insurance policies procured by a permittee pursuant to this article,
including any and all endorsements affecting the coverage required hereunder. The
certificate of insurance shall also require the insurance carrier to notify the city at
least thirty (30) days in advance of any change in terms and conditions of the policy,
including cancellation for any reason, and in advance of any expiration of the policy
term.
DIVISION 4. HORSE-DRAWN VEHICLES AND PEDICABS.
Sec. 6-180. Horse-drawn vehicles and pedicabs; permit required.
No person shall operate a horse-drawn vehicle or pedicab in the downtown arts, commerce
and entertainment district without a permit issued pursuant to this article.
Sec. 6-181. Horse-drawn vehicles and pedicabs; applicable law.
No person shall operate a horse-drawn vehicle or pedicab in violation of the applicable
provisions of this code, state law, or federal law.
Sec. 6-182. Horse-drawn vehicles; locations.
(a) A horse-drawn vehicle permittee may operate a horse-drawn vehicle on the public
right-of-way, subject to the provisions of this article.
(b) The city manager is hereby authorized to designate or mark within the public right-
of-way:
1. horse-drawn vehicle restricted zones; and
2. horse-drawn vehicle parking or waiting areas.
(c) No person shall operate a horse-drawn vehicle on a sidewalk or public property, or
in a horse-drawn vehicle restricted zone designated by the city manager.
(d) No person shall park a horse-drawn vehicle on the public right-of-way or other
public property unless such area is designated by the city manager as a horse-drawn
vehicle parking or waiting area.
(e) No person shall operate or park a horse-drawn vehicle on private property without
written permission of the owner.
Sec. 6-183. Pedicabs; locations.
(a) A pedicab permittee may operate a pedicab on the public right-of-way, subject to
the provisions of this article.
(b) The city manager is hereby authorized to designate within the public right-of-way:
13
1. pedicab restricted zones; and
2. pedicab parking or waiting areas.
(c) No person shall operate a pedicab:
1. on a sidewalk;
2. on public property other than a public parking lot; or
3. in a pedicab restricted zone designated by the city manager.
(d) No person shall park a pedicab on the public right-of-way, except as follows:
1. a pedicab may park in a designated pedicab parking or waiting area.
2. a pedicab may park in an on -street parking stall, but not in excess of five (5)
consecutive minutes, and only for the purpose of dropping off passengers.
3. a pedicab may park temporarily at the curb for only as long as necessary for
passengers to board and exit the vehicle.
4. in all cases, parked in a location that does not impede pedestrian, bicycle,
or vehicular traffic.
(e) No person shall operate or park a pedicab on private property without written
permission of the owner.
See. 6-184. Horse-drawn vehicle and pedicab operational requirements.
(a) No person shall operate a horse-drawn vehicle or pedicab unless such person is
eighteen (18) years of age or older and possesses a valid Kansas driver's license.
(b) Each horse-drawn vehicle and pedicab shall have a fare schedule affixed to its
outside, matching the fare schedule on file with the city clerk. The fare schedule
shall be printed in plain, legible letters and shall list the rates for carriage in such
vehicle. The fare schedule must be printed in letters no less than two (2) inches in
height.
(c) It is unlawful to charge a fare in excess of the amount in the fare schedule posted
pursuant to this section unless the vehicle operator has been hired to provide a
guided tour or other additional services.
(d) It is unlawful to charge a passenger a fare for riding on a horse-drawn vehicle or
pedicab if such fare was not agreed upon with the passenger in advance of the
service.
(e) The driver of a horse-drawn vehicle pedicab shall not:
1. operate the vehicle in such a manner as to cause a collision, obstruction, or
interference with orderly vehicular or pedestrian traffic;
2. smoke, eat, or wear headphones while carrying passengers;
3. solicit patronage in an amplified tone of voice or in any manner to annoy or
obstruct the peace or movement of persons, or follow any person for the
purpose of soliciting patronage;
4. be under the influence of alcohol or drugs while operating the vehicle;
5. allow the occupancy of the vehicle to exceed the rated seating capacity of
the vehicle; or
6. stop the vehicle on a street to load or unload passengers, if the posted speed
limit on such street is greater than 30 miles per hour.
(f) No person shall smoke or consume alcohol while riding on a horse-drawn vehicle
or pedicab.
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(g) In order to promote the public health, safety, and general welfare, or during special
events, the police chief shall have the authority to designate areas of the downtown
arts, commerce and entertainment district in which the operation of horse drawn
vehicles and pedicabs are restricted or prohibited. No area shall be designated as a
restricted zone in excess of ninety (90) consecutive days without prior approval of
the city commission.
(h) A horse-drawn vehicle permittee and pedicab permittee shall prominently display
the horse-drawn vehicle or pedicab permit, as applicable, on the horse-drawn
vehicle or pedicab, as applicable.
(i) A horse drawn vehicle and pedicab shall be subject to inspection by the city at such
intervals as may be established by the city manager to assure the continued
compliance with the foregoing requirements and the maintenance of safe operating
conditions.
Sec. 6-185. Horse drawn vehicle operational requirements.
(a) A horse-drawn vehicle permittee shall not operate a horse-drawn vehicle:
1. other than in the traffic lane closest to the curb on any public street, except
when turning;
2. other than in compliance with all applicable local traffic laws, ordinances,
and regulations; horse-drawn vehicles shall be considered a motor vehicle
as defined in the Standard Traffic Ordinance;
3. with a passenger riding on any part of the vehicle while in motion, other
than seated on a designated seat;
4. with a passenger that is demonstrating disorderly conduct while in the
vehicle.
(b) A horse-drawn vehicle permittee shall be required to equip any horse or mule
used to power, in whole or in part, a horse-drawn vehicle with an effective feces -
capturing, diapering apparatus while operating the horse-drawn vehicle on any
public right-of-way. A horse-drawn vehicle permittee shall frequently remove the
captured feces from the diapering apparatus, treat it with odor reducing chemicals,
seal it in an airtight bag, and discard the sealed bag only in either (a) a solid waste
container owned by the horse-drawn vehicle permittee, or (b) a privately -owned
solid waste container, with the express written permission of the private owner.
(c) A horse-drawn vehicle permittee shall prominently display the horse-drawn vehicle
permit on the horse drawn vehicle.
Sec. 6-186. Horse drawn vehicles; animal welfare and use.
(a) A horse-drawn vehicle permittee shall at all times be responsible for ensuring the
humane care and treatment of each horse or mule used in connection with a horse-
drawn vehicle.
(b) A horse-drawn vehicle permittee shall prepare and maintain a written log for each
horse or mule utilized in the operation of a horse-drawn vehicle, which shall include
accurate information showing the daily start and stop times of service for the
animal, the time and duration of each break in service for the animal, the total hours
the animal has worked for the day and week, and compliance with the grooming
requirements of this article.
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(c) A horse-drawn vehicle permittee shall ensure that each horse or mule utilized to
operate a horse-drawn vehicle:
1. has its hooves properly shod and trimmed, utilizing rubber coated or rubber heal
pads or open steel barium tip shoes, to aid in the prevention of slipping;
2. is given a fifteen (15) minute rest period at the end of two (2) consecutive in -
harness hours, and potable water shall be made available during the rest period;
3. is not utilized to pull a vehicle carrying more passengers than such vehicle is
designed to carry by the manufacturer, or to pull a vehicle with fewer animals
than provided for by such design;
4. is not worked more than eight (8) hours in a twenty-four (24) hour period, or
more than forty-eight (48) hours in a seven (7) day week;
5. is not worked more than four (4) total hours in a twenty-four (24) hour period
in temperatures exceeding 90 degrees Fahrenheit if the humidity exceeds
twenty percent (20%); in such weather conditions, horses shall be given a
fifteen (15) minute rest period at the end of every labor hour, with potable water
made available during the rest period;
6. is not worked at a speed faster than a slow trot;
7. is not touched with a whip, other than by light touch;
8. is blanketed when unsheltered, if the temperature is 35 degrees Fahrenheit or
U
10.
11.
less, after appropriate cool down;
is not worked with any equipment that causes the horse to experience an
impairment of vision, other than blinders;
is groomed daily;
is examined prior to use in a horse-drawn vehicle business and every six (6)
months thereafter, at the permittee's expense, by a licensed veterinarian, who
shall certify that the horse is in good health and proper condition, and of the
appropriate body weight to perform such work. An updated health certificate
signed by the examining veterinarian shall be filed with the city clerk and the
supervisor of animal control after each exam. Horses shall be examined and
treated for internal parasites at intervals recommended by the examining
veterinarian. The certificate shall also show that the horse has been immunized
appropriately, including immunization annually against rabies, and has had a
Coggins test with a negative result; and
12. is equipped with harnesses and bits that are used and maintained in accordance
with the manufacturing design.
Sec. 6-187. Pedicab operational requirements. No person shall operate a pedicab:
(a) With any passenger that is not seated on or astride a permanent seat attached to the
pedicab, while the pedicab is in motion;
(b) That is carrying more passengers than the number of seats available, except that
persons under five (5) years of age are excluded from this limitation if each child
is sitting in the lap of an adult;
(c) In a manner that results in damage to public property;
(d) That is equipped with a siren or whistle;
(e) While knowingly permitting a person to attach a bicycle, coaster, sled, roller skates,
skateboard, scooter or other rolling device to the pedicab;
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(f) Without having at all times at least one (1) hand on the handlebars of the pedicab;
(g) On a street without a designated bicycle lane when the street has a posted speed
limit of 30 miles per hour or greater, unless for purposes of crossing the street;
(h) On a street or public property that has been ordered closed by the city;
(i) While using a wireless communication device, except through the use of a hands-
free device;
(j) To load or unload passengers on the traffic side of a street or while occupying any
intersection or crosswalk.
Sec. 6-188. Equipment and design requirements; horse-drawn vehicles.
(a) A horse-drawn vehicle shall have the following information permanently painted
or stenciled, or magnetically affixed, to the vehicle, with at least two (2) inch
lettering:
1. the permittee's telephone number, and name, logo, or insignia on the back
and both sides of the vehicle, which shall be legible from the rear of the
vehicle a distance of at least 50 feet and from the sides a distance of at least
30 feet; and
2. the permittee's vehicle number, as assigned by the city clerk, on both sides
of the vehicle.
(b) All vehicles shall be registered on an annual basis with the city clerk on or before
the first day of January each year.
(c) Horse-drawn vehicles shall be equipped with the following:
1. brakes, taillights, turn signals, and a slow-moving vehicle sign on the rear
of the vehicle;
2. lights which shall emit light to the front side, which shall be visible from a
distance of 500 feet, together with such other lights and lamps as required
under applicable law, including but not limited to K.S.A. 8-1718, and
amendments thereto; and
3. a 50% bleach and 50% water compound, which shall be poured over horse
urine so as to break down and eliminate accumulated agents and odors.
Sec. 6-189. Equipment and design requirements; pedicabs.
(a) A pedicab permittee shall ensure that each pedicab:
1. has the following information permanently painted or stenciled, or magnetically
affixed, to the vehicle, with at least two (2) inch lettering:
i. the permittee's telephone number, and name, logo, or insignia on the back
and both sides of the vehicle, which shall be legible from the rear of the
vehicle a distance of at least 50 feet and from the sides a distance of at least
30 feet; and
ii. the permittee's vehicle number, as assigned by the city clerk, on both sides
of the vehicle;
2. is of single frame construction, kept in a reasonably clean and safe condition,
and not have exposed rust, ripped upholstery or fabric, or exposed wood that is
not painted and in good condition;
3. has passenger seat belt(s), consisting of either one seat belt for each passenger
or one seat belt that covers all passengers, unless the pedicab is designed and
17
intended to have the passengers assist in powering the vehicle by pedaling from
a platform seat;
4. has a lamp on the front that illuminates a person or vehicle at least 500 feet to
the front during nighttime;
5. has a red reflector on the rear, visible from at least 300 feet to the rear when the
reflector is directly in front of a lawful motor vehicle's upper beams during
nighttime;
6. has a lamp on the rear that emits a red light visible from at least 500 feet to the
rear during nighttime;
7. has a braking system capable of stopping the pedicab;
8. has a mirror located to reflect to the operator a view of the road at least 200 feet
to the rear;
9. is not be wider than 54 inches at its widest point;
10. has functioning electric turn signal lamps that indicate an intention to turn by
flashing lights showing to the front and rear of the vehicle, which are capable
of being seen at a distance of at least 500 feet in normal sunlight; and
11. has a "slow moving vehicle" triangle emblem attached and displayed on the
rear of the vehicle in compliance with K.S.A. 8-1717 and amendments thereto.
Sec. 6-190. Training requirements; horse-drawn vehicles.
(a) No person shall operate a horse-drawn vehicle without having completed at least
forty (40) hours of training, which training shall include, but is not limited to:
1. learning the proper method of fitting the bridle, bit harness, and padding to a
horse and hitching and unhitching a properly harnessed horse;
2. learning the proper method of maintaining and cleaning harnesses, bridles, bits,
and padding;
3. riding with a driver experienced in livestock handling who drives the first
twenty-four (24) hours of training, to observe the proper handling and driving
of a horse drawn vehicle;
4. training in emergency situations for unexpected animal behavior; and
5. driving under the supervision of an experienced driver during the last sixteen
(16) hours of training.
Sec. 6-191. Insurance.
(a) Each horse-drawn vehicle permittee and pedicab permittee shall carry an insurance
policy that insures the permittee in an amount not less than five hundred thousand
dollars ($500,000.00) per single incident for any liability associated with the failure
of the permittee, its officers, employees, agents, servants, invitees, patrons or
contractors, to exercise reasonable care and diligence in the operation of a horse-
drawn vehicle or pedicab, as applicable, during the term of the permit and for as
long as the permittee continues to operate a horse-drawn vehicle or pedicab, as
applicable, following termination or expiration of the permit. Failure of a permittee
to comply with these requirements shall not be construed as a waiver of these
requirements or provisions and shall not relieve the permittee of liability.
(b) All insurance policies shall be issued by insurance companies rated no less than A -
VII in the most recent "Bests" insurance guide, and admitted in the State of Kansas.
In
All such policies shall be in such form and contain such provisions as are generally
considered standard for the type of insurance involved.
(c) Each horse-drawn vehicle permittee and pedicab permittee shall provide the city
with a certificate of insurance listing the city as the certificate holder and evidencing
compliance with the insurance requirements in this article. The city has the right to
require complete certified copies of all insurance policies procured by a permittee
pursuant to this article, including any and all endorsements affecting the coverage
required hereunder. The certificate of insurance shall also require the insurance
carrier to notify the city at least thirty (30) days in advance of any change in terms
and conditions of the policy, including cancellation for any reason, and in advance
of any expiration of the policy term.
DIVISION 5. OUTDOOR MERCHANDISE AND
MINOR SIDEWALK DINING AREAS.
Sec. 6-230. Outdoor merchandising and minor sidewalk dining; approval required.
No person shall permit or engage in outdoor merchandising or minor sidewalk dining in
the downtown arts, commerce and entertainment district without first obtaining a permit
issued pursuant to this article.
Sec. 6-231. Alcoholic liquor and cereal malt beverages prohibited.
No person shall sell, serve or allow the consumption of alcoholic liquor or cereal malt
beverages in an outdoor merchandise area or minor sidewalk dining area.
Sec. 6-232. Restaurants; sidewalk dining license agreement required.
Notwithstanding any other provision in this article, no owner or manager of a restaurant
shall permit sidewalk dining, other than minor sidewalk dining, without first obtaining a
sidewalk cafe license agreement as provided in section 35-262.
Sec. 6-233. Authorized locations.
(a) No person shall operate an outdoor merchandise area or minor sidewalk dining area
other than within an adjoining sidewalk or plaza and, if applicable, the extended
sidewalk or plaza. An outdoor merchandise area or minor sidewalk dining area shall
not include extended sidewalk or plaza unless written permission is obtained from all
owners of record (including all equitable owners, if any) and all tenants, if any, of the
real property that immediately abuts or adjoins the extended sidewalk or plaza.
(b) No person shall operate an outdoor merchandise area or minor sidewalk dining area
that extends more than:
1. six (6) feet into the adjoining sidewalk area from a building; or
2. sixteen (16) feet into the adjoining plaza area from a building.
(c) No more than two (2) outdoor merchandise areas or minor sidewalk dining areas may
be operated in connection with a single building, structure, or property address.
Sec. 6-234. Placement of objects in outdoor merchandise area.
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(a) An outdoor merchandise area permittee or minor sidewalk dining area permittee may
be permitted to place or display objects in the outdoor merchandise area or minor
sidewalk dining area, as applicable, subject to the provisions of this section.
(b) Objects placed or displayed in an outdoor merchandise area or minor sidewalk dining
area shall:
1. not be attached or affixed to the sidewalk or other public property;
2. be located and operated in compliance with the terns of the applicable permit;
3. be located so that there is a minimum of six (6) feet of unobstructed clearance for
pedestrian traffic on the sidewalk and plaza, or the minimum required by this code
or applicable law, whichever requirement is greater;
4. not interfere with or impede vehicular traffic;
5. be made stable and without sharp edges, protrusions, or other features which may
be hazardous to the public;
6. comply with, or not cause or result in a violation or non-compliance with, other
requirements of applicable law, including but not limited to the Americans with
Disabilities Act;
7. be secured so as to not become dislodged by wind;
8. not block regulatory signs, crosswalks, curb ramps, pedestrian push buttons,
handicap accessible parking spaces or access points, or intersections;
9. be sufficiently illuminated during times of low light in order to provide for safe
pedestrian passage alongside or through the outdoor merchandise area or minor
sidewalk dining area;
10. be a minimum height of twenty-eight (28) inches tall, or of sufficient size and height
to comply with applicable law, whichever is greater, so that safe pedestrian traffic
in and around the outdoor merchandise area or minor sidewalk dining area is not
impeded; and
11. not exceed six (6) feet in height.
(c) Except as otherwise authorized in this article, or in the applicable downtown activity
permit, an outdoor merchandise area permittee shall not place or display objects in an
outdoor merchandise area other than during the regular hours of operation for the
permittee's adjacent interior retail or service business, and all objects placed or
displayed shall be moved inside a building or structure at the end of each day of
operations and during inclement weather, including but not limited to heavy rain, wind,
ice, or snow.
Sec. 6-235. Use subordinate to other uses and special events.
An outdoor merchandise area and a minor sidewalk dining area shall at all times be subject
and subordinate to the use of the sidewalk or plaza by the city, a properly permitted food
truck permittee, a special event permittee, or the public in connection with activities related
to a permitted special event. The city manager may close specific areas of sidewalk or
plaza for use in connection with an outdoor merchandise area or minor sidewalk dining
area, if deemed necessary to accommodate the use of such sidewalk or plaza by the city, a
food truck permittee, a special event permittee, or the public in connection with activities
related to a special event.
Sec. 6-236. Operational requirements.
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(a) An outdoor merchandise area permittee or a minor sidewalk dining area permittee shall
not operate an outdoor merchandise area or minor sidewalk dining area, as applicable,
other than during the hours of operation for the permittee's adjacent interior retail or
service business.
(b) In the event of a declared emergency or in a situation where exigent circumstances
exist, an outdoor merchandise area permittee or a minor sidewalk dining area permittee
shall comply with all orders and directions of any duly authorized officer or agent of
the city, or of any law enforcement officer.
(c) An outdoor merchandise area permittee or a minor sidewalk dining area permittee shall
collect and dispose of all refuse associated with the outdoor merchandise area or minor
sidewalk dining area, as applicable, and shall maintain clean and sanitary conditions in
and around the outdoor merchandise area or minor sidewalk dining area at all times.
(d) An outdoor merchandise area permittee or a minor sidewalk dining area permittee shall
be responsible for repairing any damage to city property caused by use or operation of
the outdoor merchandise area or minor sidewalk dining area.
(e) An outdoor merchandise area permittee or a minor sidewalk dining area permittee shall
not sell or display any live animal or alcoholic beverage within the outdoor
merchandise area or minor sidewalk dining area.
(f) An outdoor merchandise area permittee or a minor sidewalk dining area permittee may
utilize live or recorded amplified music in an outdoor merchandise area or minor
sidewalk dining area, but only in compliance with section 25-132.
(g) An outdoor merchandise area permittee or a minor sidewalk dining area permittee may
host a street performer or pushcart vendor within an outdoor merchandise area or a
minor sidewalk dining area, subject to compliance with the provisions of this article.
The permittee shall require or ensure the collection of all applicable sales tax for any
sales by a street performer or pushcart vendor conducting taxable sales within the
permittee's outdoor merchandise area or minor sidewalk dining area.
(h) An outdoor merchandise area permittee or a minor sidewalk dining area permittee shall
prominently display the permit authorizing the outdoor merchandise area or minor
sidewalk dining area in the window of the permittee's adjoining building, or if no such
window exists, on the permittee's adjoining building.
Sec. 6-237. Condition of outdoor merchandise area; interest in the real property.
(a) The city makes no representations with respect to the outdoor merchandise area or
minor sidewalk dining area, or its condition. A downtown activity permit grants a
permittee permission to use sidewalk or plaza in the outdoor merchandise area or minor
sidewalk dining area in its present condition, "as is," without any warranties,
representations, or assurances from the city.
(b) While an outdoor merchandise area permittee or a minor sidewalk dining area permittee
may control the outdoor merchandise area or minor sidewalk dining area to the extent
necessary to conduct activities authorized by this article or the applicable downtown
activity permit, a permittee shall not be considered to be a real property tenant or lessee.
Nothing in this article, regulations adopted pursuant this article, or a downtown activity
permit shall be construed to convey any interest in the real property comprising the
outdoor merchandise area or minor sidewalk dining area except a limited and revocable
license.
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Sec. 6-238. Insurance.
(a) An outdoor merchandise area permittee or a or minor sidewalk dining area permittee
shall carry an insurance policy that insures the permittee in an amount not less than five
hundred thousand dollars ($500,000.00) per single incident for any liability associated
with the failure of the permittee, its officers, employees, agents, servants, invitees,
patrons or contractors, to exercise reasonable care and diligence in the use of the
sidewalk or plaza during the term of the permit and for as long as the permittee
continues to operate an outdoor merchandise area or a minor sidewalk dining area
following termination or expiration of the permit. Failure of a permittee to comply with
these requirements shall not be construed as a waiver of these requirements or
provisions and shall not relieve the permittee of liability.
(b) All insurance policies shall be issued by insurance companies rated no less than A- VII
in the most recent "Bests" insurance guide, and admitted in the State of Kansas. All
such policies shall be in such form and contain such provisions as are generally
considered standard for the type of insurance involved.
(c) An outdoor merchandise area permittee or minor sidewalk dining area permittee shall
provide the city with a certificate of insurance listing the city as the certificate holder
and evidencing compliance with the insurance requirements in this article. The city has
the right to require complete certified copies of all insurance policies procured by a
permittee pursuant to this article, including any and all endorsements affecting the
coverage required hereunder. The certificate of insurance shall also require the
insurance carrier to notify the city at least thirty (30) days in advance of any change in
terms and conditions of the policy, including cancellation for any reason, and in
advance of any expiration of the policy term.
DIVISION 6. SIDEWALK VENDING.
Sec. 6-260. Sidewalk vending; permit required.
No person shall operate as a sidewalk vendor in the downtown arts, commerce and
entertainment district without first obtaining a permit issued pursuant to this article.
Sec. 6-261. Sidewalk vending; applicable law.
No person shall operate as a sidewalk vendor in violation of the applicable provisions of
this code, state law, or federal law.
Sec. -262. Sidewalk vending; pushcart required.
No person shall operate as a sidewalk vendor in the downtown arts, commerce and
entertainment district unless such operations are conducted from a pushcart authorized by
the city pursuant to this article.
Sec. 6-263. Pushcarts; operation on private property.
A sidewalk vending permittee shall not operate a pushcart on private property:
(a) without permission of the owner;
(b) unless authorized under the applicable zoning district regulations; and
(c) other than between the hours of 7:00 a.m. and the following 2:00 a.m.
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Sec. 6-264. Pushcarts; operation on public property or right-of-way.
A sidewalk vending permittee shall not operate a pushcart:
(a) in a street;
(b) within ten (10) feet of any building entrance or exit, fire hydrant, bicycle rack, curb
ramp, trash receptacle, or pedestrian crosswalk;
(c) within twenty-five (25) feet o£
1. a sidewalk dining area;
2. an outdoor merchandise area, unless authorized to participate in the outdoor
merchandise area by the outdoor merchandise area permittee;
3. a street performer;
4. a pushcart operated by another sidewalk vending permittee;
(d) within fifty (50) feet of a restaurant for all pushcarts selling food products; or
(e) in a manner that prohibits or restricts access to private property.
Sec. 6-265. Setup and removal on public property or right-of-way.
(a) No person shall operate a pushcart at any location on public property or in the public
right-of-way, or within 100 feet from any such location, for more than three (3)
total hours during any six (6) hour period.
(b) No person shall reserve a space on public property or in the public right-of-way for
operation of a pushcart. A sidewalk vending permittee shall abandon the location
of each pushcart operation at the end of each day of operation.
Sec. 6-266. General operational requirements applicable to pushcarts.
(a) A sidewalk vending permittee shall not operate a pushcart:
1. outside of the downtown arts, commerce and entertainment district;
2. other than between the hours of 7:00 a.m. and the following 2:00 a.m.;
3. without a designated person present at all times to supervise the operation
of the pushcart;
4. with any person partially or fully enclosed by, or operating within, the
pushcart;
5. without maintaining at least six (6) feet of unobstructed clearance for
pedestrian traffic on all sides of a pushcart, or the minimum distance
required by applicable law, whichever is greater;
6. within or in a manner that prohibits or restricts access to a loading zone,
handicap accessible parking space, curb ramp, crosswalk, bus stop, bicycle
lane, bicycle parking area, or other limited or designated use public parking
space; or
7. in such a manner as to cause a collision, obstruction, or interference with
orderly vehicular or pedestrian traffic.
(b) A sidewalk vending permittee shall not cause or allow a pushcart to be driven over
a curb in order to situate the pushcart.
(c) If a pushcart attracts a crowd sufficient to obstruct the public right-of-way or other
public property, such that the passage of the public through the area is blocked, any
duly authorized officer or agent of the city, or any law enforcement officer may
disperse a portion of the crowd as necessary to ensure the free passage of
23
pedestrians through the area. If the blocking of passage persists, the police officer
may require the sidewalk vending permittee to relocate to a different area.
(d) A sidewalk vending permittee shall not allow a pushcart to be stored, parked, or left
overnight on public right-of-way or other public property.
(e) A sidewalk vending permittee shall not sell, offer for sale, or solicit offers to
purchase from any person in a motor vehicle.
(f) A sidewalk vending permittee shall not allow a pushcart to be connected to any
electrical outlet without express permission of the owner. For those power outlets
owned by the city permission shall not be granted. No extension cord serving a
pushcart shall traverse the public right-of-way, and no power source shall create a
hazard or nuisance to the public health, safety or welfare.
(g) In the event of a declared emergency or in a situation where exigent circumstances
exist, a sidewalk vending permittee shall comply with all orders and directions of
any duly authorized officer or agent of the city, or of any law enforcement officer.
(h) A sidewalk vending permittee shall not consume or be under the influence of
alcoholic beverages or illegal drugs while operating a pushcart.
(i) A sidewalk vending permittee shall not use or have on a pushcart any bell, siren,
horn, bullhorn or loudspeaker or similar device to attract attention.
(j) A pushcart shall be open and subject to inspection at all reasonable times by
authorized representatives of the city to ascertain that the pushcart and the sidewalk
vending permittee are in compliance with the requirements of the pushcart permit,
this code, and all applicable laws and regulations.
Sec. 6-267. Equipment and design requirements applicable to pushcarts.
(a) A pushcart operated by a sidewalk vending permittee shall:
1. not exceed ten (10) feet in height, inclusive of any canopy, umbrella, or
transparent enclosure;
2. not exceed ten (10) feet in length;
3. not exceed five (5) feet in width;
4. have at least two (2) functioning wheels;
5. be equipped with an attached refuse receptacle;
6. be kept in a reasonably clean and safe condition;
7. be constructed of durable materials suitable for outdoor use, and not have
exposed rust, ripped upholstery or fabric, or exposed wood that is not
painted or coated with a glossy finish;
8. have stability features such as brakes or chocks to firmly fix the location of
the pushcart at the place of operation;
9. have prominently displayed on the pushcart a copy of the pushcart permit,
and any other permits required to operate the pushcart under applicable law;
10. have a detachable cart tongue, hitch, or handle, which shall be stored while
the pushcart is stationary and in operation; and
11. not be operated while attached to or located inside of a trailer or any other
enclosed vehicle.
(b) A sidewalk vending permittee shall not utilize tables, chairs, freestanding signage,
or audio amplification in connection with the operation of a pushcart. All
PZ'1
equipment shall be contained within or on the pushcart, excluding required trash
and refuse disposal equipment.
Sec. 6-268. Trash and refuse requirements.
(a) A sidewalk vending permittee shall collect and dispose of all refuse associated with
the pushcart's operation and shall maintain clean and sanitary conditions in and
around the pushcart at all times.
(b) A sidewalk vending permittee shall provide refuse and recycling containers in
sufficient number and capacity to properly store all refuse generated by the
operation of the pushcart and be located within a twenty-five (25) foot radius
around the pushcart.
(c) A sidewalk vending permittee shall not use public trash receptacles to dispose of
refuse associated with a pushcart. A sidewalk vending permittee shall display on
the pushcart a notice to customers requesting the use of the sidewalk vending
permittee's designated refuse or recycling receptacles.
(d) A sidewalk vending permittee shall, at all times, including but not limited to at the
conclusion of daily operations at each location, maintain a twenty-five (25) foot
radius around the pushcart that is clear of all refuse generated by the pushcart and
its operation.
(e) A sidewalk vending permittee shall privately dispose of all liquid waste or grease
and shall not cause or allow liquid waste or grease to be poured or discharged into
any public facilities, including but not limited to any planter, storm drain, gutter
pan, sidewalk or any other public property, or to be released or discharged into the
city's sanitary sewer system.
Sec. 6-269. Insurance.
(a) A sidewalk vending permittee shall carry an insurance policy that insures the
permittee in an amount not less than five hundred thousand dollars ($500,000.00)
per single incident for any liability associated with the failure of the permittee, its
officers, employees, agents, servants, invitees, patrons or contractors, to exercise
reasonable care and diligence in the operation of a pushcart during the term of the
permit and for as long as the permittee continues to operate a pushcart following
termination or expiration of the permit. Failure of a permittee to comply with these
requirements shall not be construed as a waiver of these requirements or provisions
and shall not relieve the permittee of liability.
(b) All insurance policies shall be issued by insurance companies rated no less than A-
VIi in the most recent `Bests" insurance guide, and admitted in the State of Kansas.
All such policies shall be in such form and contain such provisions as are generally
considered standard for the type of insurance involved.
(c) A sidewalk vending permittee shall provide the city with a certificate of insurance
listing the city as the certificate holder and evidencing compliance with the
insurance requirements in this article. The city has the right to require complete
certified copies of all insurance policies procured by a permittee pursuant to this
article, including any and all endorsements affecting the coverage required
hereunder. The certificate of insurance shall also require the insurance carrier to
notify the city at least thirty (30) days in advance of any change in terms and
25
conditions of the policy, including cancellation for any reason, and in advance of
any expiration of the policy term.
DIVISION 7. STREET PERFORMERS.
Sec. 6-290. Performance in the downtown arts, commerce and entertainment district.
A person shall not be required to obtain a permit under this article for purposes of
performing as a street performer in accordance with the provisions of this article. No person
shall perform as a street performer within the downtown arts, commerce and entertainment
district except in accordance with the provisions of this article.
Sec. 6-291. Street performer; applicable law.
No person shall perform as a street performer in violation of the applicable provisions of
this code, state law, or federal law.
Sec. 6-292. Donations permitted; fees and charges prohibited.
(a) A street performer may solicit or receive money or other things of value during or
in connection with a performance and may make available a receptacle for tips or
donations, so long as the street performer otherwise complies with the provisions
of this article and does not engage in conduct that violates the prohibition on
aggressive begging as set forth in section 25-142.
(b) It is unlawful for a street performer to charge a fee for a performance within the
downtown arts, commerce and entertainment district, unless such performance
occurs in connection with a special event that is authorized by the city under a
special event permit issued under this chapter. For purposes of this section, the
charging of a fee for entertainment or for a performance includes the act of requiring
a person to pay for the entertainment or performance, whether in advance or after
the entertainment or performance concludes, but does not include the act of
soliciting or requesting tips or donations, the act of making available a receptacle
for tips or donations, or the act of receiving tips or donations.
Sec. 6-293. Vending by street performers; permit required.
(a) A street performer shall not engage in vending in the downtown arts, commerce
and entertainment district without a permit issued pursuant to this article.
(b) A vending street performer permittee shall not vend any items except as follows:
1. A vending street performer permittee may vend the following items directly
connected to a performance, which have been created, written or composed
by the vending street performer, provided that all such items are displayed
within or on a case or display not exceeding forty (40) inches in length,
thirteen (13) inches in width, or three (3) inches in depth or height: books,
audio, video or other recordings of their performance, paintings,
photographs, prints, sculptures, or any other item that is inherently
communicative and is of nominal value or utility apart from its
communication.
26
2. A street performer may vend any item authorized pursuant to a special event
permit issued under this chapter or in the capacity of a sidewalk vending
permittee authorized to vend as a sidewalk vendor pursuant to this article.
Sec. 6-294. Allowed locations.
(a) A street performer may perform on any sidewalk or plaza within the downtown
arts, commerce and entertainment district, subject to the provisions of this article,
unless such sidewalk or plaza is closed pursuant Chapter 35.
(b) A street performer shall not perform within a distance of fifty (50) feet of any other
street performer then performing.
(c) A street performer shall not perform within a distance of twenty-five (25) feet of
any sidewalk dinning space.
(d) A street performer shall not be on top of any benches, trash cans, sculpture bases
or public art, or other fixed features in the public right-of-way or on public property
that are not intended for use by performers.
Sec. 6-295. Obstruction of passage or access.
(a) A street performer shall not block the passage of the public through any public
right-of-way or public property, and shall at all times maintain at least six (6) feet
of unobstructed clearance for pedestrian traffic through the public right-of-way or
public property, as applicable, or the minimum distance required by applicable law,
whichever is greater. If a crowd gathers to see or hear a street performer such that
the passage of the public through public right-of-way or public property is blocked,
a police officer may disperse a portion of the crowd as necessary to ensure the free
passage of pedestrians through the public right-of-way or public property. If the
blocking of passage persists, the police officer may require the street performer to
relocate to a different area.
(b) A street performer shall not obstruct any public street, sidewalk, or building or any
other place of public access in violation of section 25-162.
Sec. 6-296. Exclusion of public areas.
The city manager may close a specific area of public right-of-way or public property to
performances in the case of an emergency, or due to public health, safety, or welfare
concerns. No area of public right-of-way or public property shall be closed to
performances in excess of ten (10) days, unless such closure is ordered by the city
commission due to public health, safety, or welfare concerns following a public hearing.
Sec. 6-297. Placement and removal of objects.
(a) A street performer shall not place objects on the ground adjacent to the performance
except the following objects, which shall be permitted:
1. one (1) sign not larger than eleven (11) inches by seventeen (17) inches;
2. equipment integral to the performance, which may include items such as a
chair, easel, music stand, stool, or a container to accept donations; and
3. a case or container used by the street performer to transport such allowed
objects.
27
(b) A street performer shall remove all objects from the public right-of-way or public
property, as applicable, during breaks in the performance and immediately after the
performance ends.
(c) A street performer shall remove all trash and other debris from the public right-of-
way or public property that was used for a performance immediately after the
performance ends.
DIVISION 7. SUSPENSION, REVOCATION, AND ENFORCEMENT.
Sec. 6-298. Permit suspension or revocation.
Any downtown activity permit issued under this article may be revoked, or temporarily
suspended for up to ninety (90) days, by the city manager, after notice and hearing, for any
of the following reasons:
1. Violation of or failure to comply with any provision of this article;
2. The permittee has become ineligible to obtain a downtown activity permit for the
permitted activity under the provisions of this article; or
3. Fraud, misrepresentation or false statement contained in the application for the
permit.
The city manager may immediately suspend a permit, pending the suspension or revocation
hearing, if the public health, safety, or welfare is best served by such a temporary
suspension.
Sec. 6-299. Notice and hearing.
(a) Notice of a hearing for suspension or revocation of a downtown activity permit
pursuant to this article shall be provided in writing, and shall set forth specifically the
grounds for the proposed suspension or revocation and the time and place of the
hearing. Notice shall be mailed, postage prepaid, to the permittee at the address shown
on the permit application or at the last known address of the permittee.
(b) The city manager shall conduct a hearing within thirty (30) days after notice of the
hearing is mailed. Not later than fifteen (15) days after the hearing is conducted, the
permittee shall be notified in writing of the city manager's decision. A permittee's
failure to attend the city manager's hearing, after notice of the hearing is mailed, shall
not preclude the city manager from suspending or revoking a downtown activity permit.
Sec. 6-300. Appeals.
(a) Any person aggrieved by the action or decision of the city manager to suspend or
revoke a downtown activity permit under this article shall have the right to appeal such
action or decision to the city commission within fifteen (15) days after the notice of the
action or decision of the city manager has been mailed to the person.
(b) An appeal to the city commission shall be taken by filing with the city clerk a written
statement setting forth the grounds for the appeal.
(c) An appeal shall be considered by the city commission at a regular meeting to be held
within thirty (30) days of receipt of the written appeal.
(d) Notice of the time and place of the hearing shall be given to the appellant in the same
manner as provided for the mailing of notice of action or decision.
W:3
(e) The city commission may affirm, overrule, or modify the decision of the city manager.
Any person aggrieved by the city commission's decision on appeal may seek judicial
review in a manner provided by law.
Sec. 6-301. Enforcement, violations and penalties.
(a) It shall be unlawful for any person to violate any of the provisions of this article. Upon
conviction thereof, the general penalty and continuing violations section set forth in
section 1-10 shall apply.
(b) The city shall have the authority to maintain civil suits or actions in any court of
competent jurisdiction for the purpose of enforcing the provisions of this article, and
these remedies shall be in addition to the penalties described above.
Section 3. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 22-11114 Summary
On May 23, 2022, the City of Salina, Kansas, passed Ordinance No. 22-11114. The
ordinance amends Chapter 6 of the Salina Code by amending its title and by adding
an article to chapter 6 to be numbered article IV to authorize, permit and regulate
food trucks, horse-drawn vehicles and pedicabs, outdoor merchandise and minor
sidewalk dining areas, sidewalk vending, and street performers within the area
designated as the downtown arts, commerce and entertainment district in the City
of Salina, Kansas. A complete copy of the ordinance is available at www.salina-
ks.eov or in the office of the city clerk, 300 W. Ash Street, free of charge. This
summary is certified by the city attorney.
Section 4. Effective date. Following its adoption and publication by summary once in the official
newspaper, this ordinance shall be in full force and effect from and after June 13, 2022.
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Clerk
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Introduced: May 23rd, 2022
Adopted: June 6th, 2022
Trent W. Davis, M.D., Mayor
Certification of Publication Summary:
Greg A. Bengtson, City Attorney
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