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Law Summary

Persons face up to thirty days in jail for selling oranges on the sidewalk.

Full Text of the Law

Sec. 70-5. Selling food from open-air stands prohibited. The sale, keeping, storage or the offering for sale of any food from open-air stands in the city is prohibited. Such sale, keeping, storage, or the offering for sale of any food from open-air stands in the city shall be made only within the confines of an enclosed building except in those areas as designated and approved by the city manager. (Code 1964, § 25-67.1) Sec. 70-6. Penalty. (a) Unless otherwise provided herein, every person convicted of a violation of this chapter shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail for not more than 30 days, or by both such fine and imprisonment; for a second conviction of a violation of this chapter such person shall be punished by a fine not to exceed $1,000.00 or imprisonment in the county jail not more than 12 months, or by both such fine and imprisonment. (b) The provisions of section 70-3 shall be enforced by enforcement procedures before a special master, appointed as set forth in chapter 30 of this Code, and penalties for violations of those sections shall be as set forth therein. (c) Except as provided in subsection (b) of this section, enforcement of sections of this chapter providing for civil penalties shall be in accordance with the following procedures: (1) If a code compliance officer finds a violation of this chapter, the compliance officer shall issue a notice of violation to the violator as provided in chapter 30. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within 20 days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing. (2) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice; or b. Request an administrative hearing before a special master appointed as provided in article II of chapter 30 to appeal the decision of the code compliance officer which resulted in the issuance of the notice of violation. (d) The procedures for appeal of the notice of violation by administrative hearing shall be as set forth in sections 102-384 and 102-385. (Code 1964, § 25-126; Ord. No. 93-2841, § 1(25-126), 4-21-93; Ord. No. 93-2893, § 1, 12-15-93)

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