Ordinance 2021-20: Amending Chapter 112 of the Ohio Basic Code PEDDLERS PARKING ON STREET

ORDINANCE NO. 2021-20

AN ORDINANCE AMENDING CHAPTER 112 OF THE OHIO BASIC CODE ENTITLED PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS TO ADD

A NEW SECTION PROHIBITING PARKING ON PUBLIC STREETS, RIGHTS-OF-WAY, AND SIDEWALKS OF MOBILE UNITS

WHEREAS, the Council of the Village of Antwerp, Ohio, adopted the Ohio Basic Code, including Chapter 112 entitled Peddlers, Itinerant Merchants, and Solicitors; and

WHEREAS, the parking of mobile units on public streets, rights-of-way, and sidewalks, including designated parking spaces, by peddlers, itinerant merchants, and solicitors within the Village of Antwerp, Ohio, has caused concern with allowing traffic to travel in a safe and orderly fashion, both vehicular traffic on the public streets and pedestrian traffic on the public sidewalks; and

WHEREAS, due to the parking of mobile units on public streets, rights-of-way, and sidewalks creating an issue of safety and public concern by peddlers, itinerant merchants, and solicitors, the Council of the Village of Antwerp, Ohio, desires to prohibit mobile units from parking on public streets, rights-of-way, and sidewalks, including designated parking spaces, within the Village of Antwerp by peddlers, itinerant merchants, and solicitors; and

WHEREAS, Chapter 112 entitled Peddlers, Itinerant Merchants, and Solicitors is hereby amended to add a new section, Section 112.14, that prohibits peddlers, itinerant merchants, and solicitors from parking mobile units on public streets, rights-of-way, and sidewalks, including designated parking spaces, within the Village of Antwerp, Ohio.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, County of Paulding, State of Ohio:

Section 1. That Section 112.14 is hereby added to the Ohio Basic Code as adopted by the Council of the Village of Antwerp to read as follows:

§ 112.14 PARKING PROHIBITED

1. Peddlers, itinerant merchants, and solicitors are prohibited from parking any mobile units on public streets, rights-of-way, and sidewalks, including designated parking spaces, within the Village of Antwerp, Ohio, in order to conduct business or sell goods as contemplated by Chapter 112 of the Ohio Basic Code.
2. A mobile unit is defined as any apparatus or equipment that is used to peddle goods or solicit business, and that routinely changes or can change location and is operated from a moveable vehicle or apparatus, including but not limited to, motorized vehicles, trailers, and hand propelled carts. The term “mobile unit” shall include food trucks.
3. Peddlers, itinerant merchants, and solicitors are not prohibited from parking said mobile units on public streets when such streets are closed for the purpose of allowing such vendors to set up mobile units to peddle goods or solicit business.

Penalty, see § 110.99

Section 2. Previous ordinances and/or any portions thereof, including other provisions of Chapter 112 of the Ohio Basic Code adopted by the Council of the Village of Antwerp, and rules of the Village of Antwerp that are not consistent with this Ordinance are hereby set aside, revoked and held for naught.

Section 3. It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in open meetings of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.

Section 4. This Ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed this ______ day of _____________, 2021.

__________________________________________

Jan Reeb, Mayor

Village of Antwerp, Ohio

Attest:

____________________________________

Aimee Lichty, Fiscal Officer

1^st Reading: __________________________

2^nd Reading: __________________________

3^rd Reading: __________________________