Legal Documents of Maryville

No person shall use or occupy any portion of any public street, alley, sidewalk, or right-of-way for the purpose of storing, selling, or exhibiting any goods, wares, merchandise, or materials; provided, that the provisions of this section shall not apply to the sale of vegetables or other products of the soil sold in market places especially provided for that purpose; provide further, that this section shall not apply to churches, schools, or other charitable organizations conducting special sales to raise money for charitable causes or for purposes intended to promote the general welfare of society.

Provided, it shall be lawful for the owners and/or lessees of properties abutting on sidewalks in the City of Maryville, which sidewalks have a minimum width of twelve feet (12'), to construct and/or place planter boxes on said sidewalks in front of their properties, providing the following conditions and/or specifications are strictly adhered to:

1. Location. Planter boxes shall be set back at least four inches (4") from the face of the nearest curb. Planter boxes may be spaced according to the discretion of the owner within his property lines, except that not more than twenty-four feet (24') of continuous planters without a break will be permissible. The break between continuous planter boxes twenty-four feet (24') long shall not be less than four feet (4'). In no case shall the back of planter boxes extend more than twenty-four inches (24") from the face of the nearest curb.
2. Construction. Planter boxes may be constructed of any material that is safe, durable, and pleasant to look upon. Location requirements limit the maximum outside-to-outside width of planter boxes to twenty inches (20"). Minimum outside-to-outside width shall be twelve inches (12"). Planter boxes shall be limited to twenty-six inches (26") in height. Not less than three feet (3') of each six feet (6') of length shall be left as open area at the base of the boxes so that surface water may drain to the street gutter, and so that debris will not accumulate against the base of the boxes. Planter boxes shall be constructed in such a manner as to provide sturdiness and immobility yet easy removal. Boxes shall be securely anchored in some manner to the sidewalk. The outside surface of all boxes shall be smooth and free of all protrusions that might be damaging or harmful to pedestrians.
3. Removal. Planter boxes may be left in place on the sidewalk at all times, except that discontinued use of boxes for a period of excess of twenty-one (21) days will require removal. Planter boxes shall be removed at the direction of the police department during parades and excessively large crowds. Planter boxes allowed to deteriorate and become ugly shall be renovated or removed.
4. Maintenance. Planter boxes shall be maintained in first class condition at all times. Flowers, shrubs or artificial flowers and/or shrubs shall be kept in the boxes at all times. Boxes shall not be left empty even during a transition period for more than four (4) days. Flowers and/or shrubs shall be watered and tended in such a manner as to provide an attractive display at all times. The person responsible for the upkeep of the boxes shall maintain the openings at the base of the boxes and keep them free of accumulations of any kind.
5. Approval. Approval from the engineering and public works director, or his/her designee, office shall first be obtained before any planter boxes are erected. A sketch of intended construction and arrangement of boxes shall be submitted to the engineering and public works director's office (to be kept on permanent file) before approval can be granted. Planter boxes shall conform to all specifications and requirements of this chapter.

6. Responsibility. At the time the owner and/or lessee of property abutting on said sidewalk shall apply for a permit to construct and/or place planter boxes on sidewalks, he shall designate some particular person to assume and have responsibility of the care and maintenance of the planter boxes, and the applicant shall agree to conform to all requirements of these specifications. If for any reason the person originally designated to assume the responsibility for the care of the planter boxes should be relieved of this responsibility, then another person shall be designated by the owner and/or lessee to assume these duties, and the engineering and public works director, or his/her designee, of the City of Maryville shall be promptly notified of said change. The City of Maryville assumes absolutely no responsibility for the care and maintenance of planter boxes or their contents, nor does the city assume any responsibility for damage to planter boxes or their contents.

   Any person, firm, or corporation constructing and placing planter boxes upon the sidewalks of the City of Maryville without first having obtained a permit from the city to do so, or having obtained a permit and not strictly complying with the specifications hereinabove set forth in constructing or placing planter boxes on the sidewalks, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty clause of this code.

   As set forth in this subsection, this section shall not apply to areas identified as being part of a city-sponsored special event or any other official community special event as determined by the city manager during the course of such festival or special event or in times immediately before and after the set-up of such festival or special event. In such instances, the use and occupancy of public streets, alleys, sidewalks and rights-of-way for the purpose of storing, selling, or exhibiting any goods, wares, merchandise, or materials is permitted if the person or entity is expressly allowed or permitted by the city to occupy the public street, alley, sidewalk or right-of-way during a city-sponsored special event or a special event pursuant to terms and conditions set forth by the city. Such terms and conditions may include a reasonable charge by the city for use of the public street, alley, sidewalk, or right-of-way during the city-sponsored special event. Obstruction of public streets, alleys, sidewalks or rights-of-way during the city-sponsored special event, or any other official community special event as determined by the city manager that is not permitted by the city, or use of such area in any way inconsistent with terms and conditions set forth for such use by the city is a violation subject to punishment under the general penalty clause. (1999 Code, § 16-101)