HomeMy WebLinkAboutOrdinance 6229 10/06/2008
ORDINANCE NO. 6229 (General)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE (SMC) SECTIONS 7.150
through 7.156 REGARDING CHRISTMAS TREES SALES LOTS AND FIREWORKS SALES
LOTS
The Common Council of the City of Springfield finds as follows:
1. It is in the public interest for the City of Springfield to amend SMC Sections 7.150
through 7.156 thereby applying the same or similar rules and regulations to
Fireworks sales lots as with Christmas tree sales lots pursuant to the SMC.
2. It is in the public interest for the City of Springfield to amend the above
described section including definitions so as to provide clearer language and
rules to the business public, who apply for seasonal temporary permits, to
operate Fireworks sales lots or Christmas tree sales lots.
3. It is in the public interest for the City of Springfield to amend the above
described SMC sections which will save the City of Springfield staff cost and time
in regards to enforcement towards Fireworks sales lots and Christmas tree sales
lots.
NOW THEREFORE, based upon the foregoing findings, the City Council of the City of
Springfield ordains as follows:
Section 1. The caption formerly titled "Christmas Tree Sales Lots" in the SMC located
between SMC 7.146 and 7.150 is hereby amended to read as follows:
"CHRISTMAS TREE SALES LOTS/FIREWORKS SALES LOTS."
Section 2. Section 7.150, Definitions is hereby amended to read as follows:
"7.150 Definitions. For purposes of Sections 7.150 through 7.156, the following
means:
Fireworks Sales Lot. Means any location where legal fireworks are offered for
sale to the general public.
Christmas Tree Sales Lot. Means any location where Christmas trees and/or
wreaths are offered for sale to the general public."
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Section 3. Section 7.152, Licensed Required, is hereby amended to read as follows:
"7.152 License Required. No person shall establish, maintain or operate a fireworks
sales lot or a Christmas tree sales lot within the city unless a license for that use is
obtained from the city. Every fireworks sales lot and Christmas tree sales lot, whether
for hire or not, shall be deemed a fireworks sales lot or Christmas tree sales lot subject
to the provisions of Section 7.150 to 7.156. Each licensee shall meet the standards as
described in Section 7.000 to 7.006 (general business license requirements)."
Section 4. Section 7.154, Standard of Operation, is hereby amended to read as
follows:
. "7.154 Standard of Operation. The following shall be required of all fireworks sales
lots and Christmas tree sales lots:
(1) Written permission, from the property owner.
(2) The name, address and phone number of the business or person
conducting the sale. .
(3) The name and phone number of the responsible person at the site.
(4) All sales shall occur entirely on private property.
(5) All display areas on the property shall be outside the required 25 foot
vision clearance triangle.
(6) . Required parking spaces and landscaped areas of the established business
on the property are to remain clear.
(7) There shall be room to pull a vehicle off the roadway so that hazardous
traffic conditions are not created. Once off the roadway, there must be
adequate room and paved parking for all vehicles to park, in accordance
with 5.17-115(d) (site plan review) of the Springfield Development Code.
Fireworks sales lots and Christmas tree sales lots shall not rely on parking
required of the adjacent established business( es).
(8) Fireworks sales lots and Christmas tree sales lots may be allowed only on
property that is zoned CC-Community Commercial or MRC-Major Retail
Commercial.
(9) Signs, if used, must receive a valid sign permit(s). All signs must be
located on private property where the sale is approved and shall be
outside the required 25 foot vision clearance triangle.
The following shall be required of all fireworks sales lots only. The following is not
required of Christmas tree sales lots.
(1) Receipt of a valid license for fireworks sales from the Fire Life & Safety
Department. "
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ORDINANCE NO. 6229
Section 5. Section 7.156, License Fee, is hereby amended to read as follows:
"7.156 License Fee and City Right to Deny Licenses. Each licensee for both
fireworks sales lots and Christmas tree sales lots shall be required to annually pay the
'\ applicable license fee as set by council resolution.
(1) The city may, at the reasonable discretion of its Community Services
Manager (or his/her designee), deny any applicant a license if the
applicant has substantially violated the SMC regarding its fireworks sales
lots or Christmas tree sales lots in the previous year(s).
(2) An applicant who has had their license to operate denied pursuant to the
section above, may appeal the city staffs denial of license to the Director
of the City of Springfield's Development Services Department whose
decision is final."
Adopted by the Common Council of the City of Springfield this ~1day of October
2008, by a vote of 4 in favor 0 against. (2 absent)
Approved by the Mayor of the City of Springfield this 6th
, 2008.
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ORDINANCE NO. 6229