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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. 7 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 0 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. 0 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); 10 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. 11 (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 12 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. 14 (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. 15 (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; 16 (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. 19 (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. 20 (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. 21 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. 22 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 29 Introduced: May 23rd, 2022 Adopted: June 6th, 2022 Trent W. Davis, M.D., Mayor Certification of Publication Summary: Greg A. Bengtson, City Attorney 30