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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." ATTACHMENT 1-1 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. " ATTACHMENT 1-1 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. , AlTEST: ~ City Record r, Amy Sowa R[\f~EWE~ & A~PROVH) AS TO FORM ~. /' DATE: ?ff{fllaC{, OFFICE Or 'ITY ATTORNEY N:\City\ORDINANC\Fireworks-Christmas Tree Ordinance\Fireworks -:Christmas Tree Lot ORD.doc I ATTACHMENT 1-1 ORDINANCE NO. 6229