§ 839-11. Street Sales—General.  


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  • No person licensed as a peddler shall demonstrate, sell or offer for sale or barter any goods, wares, merchandise, food, confection or drink upon any highway or sidewalk or any other city-owned property within the City of Cincinnati except in accordance with all of the following provisions:

    (a)

    No merchandise shall be displayed or sold on Fountain Square, on the overhead walkway system, or in any parking lots or garages owned or operated by the City of Cincinnati.

    (b)

    No merchandise shall be displayed or sold to the occupants of vehicles stopped in traffic.

    (c)

    Each peddler selling from a motor or animal-drawn vehicle must comply with all traffic regulations at the location the vehicle is parked or standing.

    (d)

    No merchandise shall be displayed or sold at any location where the sidewalk is less than 12 feet in width from the private property line to the curbline.

    (e)

    No merchandise shall be displayed or sold within 20 feet from the point of intersection of the curblines (except alleys), crosswalk, bus stop, escalator or stairway leading to or from the overhead walkway system.

    (f)

    No merchandise shall be displayed or sold within ten feet of a fire hydrant, a standpipe, a sprinkler intake, a doorway or other access point to abutting property, a store window or a sidewalk elevator.

    (g)

    No merchandise shall be displayed, or sold at a location which hinders or restricts access to a telephone booth, mailbox, parking meter, fire alarm call box or traffic-control box.

    (h)

    No merchandise shall be displayed or sold within 40 feet of the location at which another peddler is already displaying or selling merchandise except on Sundays and legal holidays. On Sundays and legal holidays, the distance between peddlers shall be no less than 20 feet. In the case of a dispute between peddlers, the peddler who arrived first on the day involved shall be deemed to have the privilege of operating at that location on that day. One peddler must continue to be there in person with wares to claim such privilege. Such distance shall be measured from the end of one display stand, table, cart, container or other appurtenance to the beginning of the next.

    (i)

    No merchandise shall be displayed or sold in a manner that blocks, obstructs or restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks or highways or ingress or egress to the abutting property.

    (j)

    All merchandise shall be displayed or sold from portable stands or containers. Each peddler shall remove all merchandise, packaging, paper, containers, display stands or tables, or other materials brought to the location at the termination of sales each day. No permanent stands or displays will be permitted.

    (k)

    No peddler's display stand, cart, container or other appurtenances, paraphernalia, merchandise, supplies or signage shall occupy more than 42 inches of lateral sidewalk width, nor more than 72 inches of longitudinal sidewalk area.

    (l)

    Each peddler during the period of selling shall keep the area within 10 feet of the location where the peddler sells or displays merchandise free from all litter and debris arising from the operations, including the litter which arises from actions of customers in disposing of wrapping or packaging materials on merchandise sold by the peddler.

    (m)

    No peddler's display stand, cart, container or other appurtenance or paraphernalia shall be set up along street plantings or street furniture.

    (n)

    Peddlers shall at all times exercise reasonable care that their merchandise, packaging material, display equipment and other paraphernalia shall not create a safety or health hazard to customers or other persons using the public highways or sidewalks or to persons on or in abutting property.

    (o)

    No food, confection or drink except prepackaged and/or containerized products shall be displayed or sold from any unimproved public property, including unimproved sidewalks or pedestrian walkways.

    (p)

    No street sales shall be conducted nor shall any display stand, cart, container, or other appurtenances be permitted on any public property between the hours of midnight and 6:00 a.m. daily.

    (q)

    No peddler selling from a motor or animal-drawn vehicle may remain in any one place for a period longer than necessary to make a sale and remove any associated trash as required in subsection (r), herein, after having been approached or stopped for the purpose of such sale.

    (r)

    No peddler may leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by the peddler.

    Nothing herein shall be construed to prohibit the distribution of noncommercial handbills, cards, leaflets, other literature or the sale of newspapers and magazines on the sidewalks.

    (C.M.C. 839-11; ordained by Ord. No. 313-1979, eff. Aug. 1, 1979; a. Ord. No. 445-1983, eff. Sept. 21, 1983; a. Ord. No. 288-2000, eff. 8-2-00; a. Ord. No. 072-2001, eff. Mar. 14, 2001; a. Ord. No. 0062-2008, eff. 3-13-08)

    Analogous to C.O. 510-6; a. Ord. No. 353-1958, eff. Nov. 7, 1958; renumbered to C.M.C. 510-6, eff. Jan. 1, 1972; a. Ord. No. 140-1973, eff. Apr. 27, 1973; a. Ord. No. 425-1976, eff. Sept. 15, 1976; r. Ord. No. 313-1979, eff. Aug. 1, 1979.