- Introduced by: Rockey
- 1st Reading (10/23/2023)
- 2nd Reading (11/13/2023)
- 3rd Reading (11/27/2023)
- Passed (11/27/2023)
Whereas, the Village has been receiving numerous complaints from residents, business operators and users of the Village parks that sales of goods and services are occurring from stationary places, including the bringing of tables and chairs and signage to display such goods and services available for sale at Village parks; and
Whereas, the Village Council has determined that Village owned public property should not be the situs of unregulated sales of goods and services and there is an abundance of available commercial space within the Village of Chagrin Falls to sell such services and goods on a competitive and fair basis with existing business establishments in the Village and in order to protect and preserve the peace and tranquility of the public parks and the effective and efficient public administration of Village business on Village owned public property.
Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:
Section 1. For the purposes of this Ordinance, Public Property shall mean the Village Hall, the Village cemeteries, the Village utility plant facilities, the Village public parks, and any other property owned by the Village of Chagrin Falls including the streets and sidewalks.
Section 2. For the purposes of this Ordinance, Public Sale means any sale and delivery or offer of sale of any goods, equipment, wares, merchandise, furnishings, furniture, services, substances, articles or things that are offered or kept for sale.
Section 3. No person shall engage in Public Sales on or at Public Property at any time, provided, however, at a short duration event that Village Council approves to occur on Village Public Property, and specifically authorizes a Public Sale as part of the event such Public Sale shall be permitted only in accordance with the terms and conditions imposed by the Village Council in approving a Public Sale at such event to occur on Public Property. Whenever any authorized Public Sale occurs on Public Property, the event operator(s) shall display, at all times during the event, a plaque, sign or similar notice issued by the Chief Administrative Officer that a Public Sale is permitted during the event occurring on Public Property. The goods, signs, equipment, displays, tents and other property used for the Public Sale shall be removed no later than the end of the event. The event operator(s) shall be responsible to ensure that all refuse and trash is removed from the Public Property at the end of each day and at the end of the approved event at any Public Property.
Section 4. Any approval issued for a Public Sale pursuant to this Ordinance may be revoked in writing by the Chief Administrative Officer in the event the person(s) conducting a Public Sale on Public Property are in violation of any of the provisions set forth in this Ordinance, or other Ordinances of the Village of Chagrin Falls or statutes of the State of Ohio. Any such revocation may be appealed to Village Council by submitting a written notice of appeal to the Clerk of Council within ten (10) days of receiving notice of revocation.
Section 5. Any person violating this Ordinance shall be guilty of a misdemeanor of the third degree.
Section 6. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.
Section 7. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days in the Village Hall.
Section 8. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the Village and for the further reason that this Ordinance is necessary needs to be immediately effective to stop unregulated Public Sales that are occurring on Public Property and are impairing the peace and tranquility of the public parks and may interfere with the efficient administration of Village government; wherefore, provided it receives the affirmative vote of at least two-thirds (⅔) of all members elected to Council, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force after the earliest period allowed by law.