§ 21-239. Vending operations.

(a)

General requirements. Vending operations on public rights-of-way shall be subject to the following general provisions:

(1)

Vending operations are not to be permitted on public rights-of-way. Vending operations for purposes of this section are defined as any person engaging in the sale, trade or other exchange of materials or goods including but not limited to fruits, vegetables, or other foodstuffs, souvenirs, trinkets, art objects, etc.

(2)

Any person engaged in vending operations on property abutting a public right-of-way shall be required to obtain a right-of-way utilization permit for construction of a driveway to provide access to the site. Parking to support the vending operation will not be permitted on the public right-of-way.

(3)

All right-of-way utilization permits granted for driveways for vending operations shall be issued for a single location and shall expire one (1) year after approval by the board of county commissioners. Failure to comply with the regulations contained herein shall be cause for immediate revocation of any right-of-way utilization permit granted for vending operations.

(b)

Special requirements. The following provisions shall apply to permits issued under this section:

(1)

Each application must be accompanied by a sketch of the site, to scale, identifying the area to be used for parking purposes, depicting the driveway to the site, identifying the material used in the construction of the driveway, and distance from the nearest street intersection. No parking will be permitted within the right-of-way. The permittee shall be responsible for assuring that no vehicles will be parked within the right-of-way.

(2)

In granting any permit for vending operations driveways in county rights-of-way, the county may limit the hours and days of operations. The county may also set reasonable limitations on the operations being permitted to protect the health, safety and welfare of the citizens of the county.

(3)

The applicant shall comply with all rules and regulations of the county health department. Failure to comply with such rules and regulations shall be cause for immediate revocation of the right-of-way utilization permit.

(4)

No permit shall be issued for any entrance to a location which may constitute a hazard or danger to the public. The determination of the county as to the possible existence or threat of a hazard or danger to the public shall be final.

(5)

Pursuant to the provisions of the applicable Florida Statutes, no signs bearing any commercial messages shall be permitted within a county right-of-way, except as may be authorized by the applicable Florida Statutes and the county, provided that such commercial advertising is also in compliance with applicable state and local regulations.

State Law reference— Similar provisions, F.S. § 316.077; prohibition against duplication of F.S. ch. 316, F.S. § 316.007.

(6)

The permittee shall keep the right-of-way clear of any trash, debris or residue at all times and shall restore the right-of-way to the condition equal to or better than that existing prior to commencing business that day.

(Right-of-Way Utilization Regs., § XXI; Ord. No. 91-13, § 16, 5-21-91)