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ORDINANCE #96- /%
ORDINANCE REGULATING THE OPERATION OF OUTDOOR FLEA
MARKETS IN THE CITY OF PADUCAH AND ESTABLISHING FINES
AND PENALTIES FOR VIOLATION OF SAME OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. There is hereby created and ordained an Ordinance regulating the
operation of outdoor flea markets in the City of Paducah which shall read as follows:
"SECTION A. INTENT: PURPOSE. The Board of Commissioners of the City
of Paducah hereby find, determine and declare that:
(1) Outdoor flea markets serve as a method by which persons may sell or
dispose of new, consigned and/or used merchandise and correspondingly
provides an opportunity for other persons to purchase such items at a
discount.
(2) The unregulated allowance of outdoor flea markets in the City presents an
opportunity for abuse in that some persons may be conducting business
activities under the guise of having flea markets.
(3) The existence of non-regulated and recurring outdoor flea markets in the
City causes annoyance to citizens in the City and congestion of the streets
thereof.
(4) This ordinance is adopted for the purpose of prohibiting the infringement
of legitimate business activities by regulating the term and frequency of
outdoor flea markets so as to prevent the disturbance or disruption within
the City.
(5) This ordinance is not intended to prohibit or regulate isolated or casual
sales of household or other personal items by persons who may live or
work in the City.
(6) This ordinance is not intended to prohibit or regulate general sales, open
to the public, conducted from or on residential premises for the purpose
of disposing of personal property of the owner or tenant of such residence
including, but not limited to, all such sales entitled "garage", "lawn", "yard",
"attic", "porch", "room", "backyard", "patio", or "rummage" sales.
(7) The provisions and prohibitions contained in this ordinance are adopted
not for the purpose of preventing, but for the purpose of regulating
outdoor flea markets in the City of Paducah for the health, safety and
welfare of the citizens of the City.
SECTION B. DEFINITIONS For the purposes of this Ordinance, the following
terms, phrases, words and their derivatives shall have the meaning set forth in this
section:
(1) Exempt Organization shall mean a charitable, nonprofit tax-exempt
organization or community service organization, contributions to which are
deductible for federal or state income tax purposes.
(2) Festiva4 celebration or special event shall mean the Quilt Show, Summer
Festival, Emancipation Celebration, Labor Day Festivities, Barbecue on
the River, and any other similar event which the City may now or
hereafter designate.
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(3) Flea Market shall mean an event, transaction, or occurrence at which an
owner or sponsor makes outside space available to persons who sell new,
consigned and/or used merchandise at retail or wholesale to the public on
a daily, weekend, occasional, temporary or permanent basis.
(4) Person shall mean an individual, firm, corporation, partnership, and any
other legal or business entity.
SECTION C. FLEA MARKETS PROHIBITED - No flea market shall be
operated or conducted in the City by any person unless said person has obtained a permit
as hereinafter set forth and paid all applicable license fees and taxes.
SECTION D. FLEA MARKET PERMITS - The building inspector may issue
permits for the operation or conduction of flea markets in the City during festivals,
celebrations, or special events. Permits issued pursuant to this subsection shall be valid
for the duration of said festival, celebration or special event only. Notwithstanding the
foregoing provision, no permit issued pursuant to this section shall be valid for more than
ten days. The building inspector, or his duly authorized representative, may mandate
safety requirements to permitted or nonpermitted flea markets and may revoke permits
or, in the case of non -permitted flea markets, order same closed upon non-compliance.
SECTION E. EXEMPTION - The provisions of this ordinance shall not apply to
a flea market operated by an exempt organization as defined above, provided said flea
market is conducted on not more than two [2] occasions of not more than three [3]
consecutive days in any calendar year.
SECTION F. ADMINISTRATION AND ENFORCEMENT - The building
inspector shall administer and enforce the provisions of this ordinance. Any person
violating the provisions of this ordinance shall be guilty of a violation, and upon
conviction in the Court of proper jurisdiction, shall be fined any sum not less than ten
dollars [$10.00] or more than one hundred dollars [$100.00] for each offense and each
day such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such."
SECTION 2. THIS ORDINANCE shall be read on two separate days and
become effective upon summary publication pursuant to KRS Chapter 424.
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Introduced by the Board of Commissioners >? &r)• la, // ? 9
Adopted by the Board of Commissioners �• oZb, 1p`>�
_ Recorded by Lenita Smith, City Clerk 21d7J- 1-794
Published by The Paducah Sun XACe, a 199n
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