§ 19-120. Operator and vendor responsibility.

(a)

The flea market operator shall ensure that all flea markets:

(1)

Have direct or easement access to an arterial street.

(2)

Have adequate off-street parking that complies with Section 12.1 of the Eagle Pass Code of Ordinances Appendix A.

(3)

Have at least one (1) sanitary facility (restrooms) each for men and women, or one (1) uni-sex. Restroom(s) construction shall comply with the provisions of the International Building Code (IBC) and the International Plumbing Code (IPC). All restroom facilities shall comply with the provisions of the Americans with Disabilities Act (ADA).

(4)

Have adequate on-site garbage and/or trash collection containers as set forth in Chapter 14 of the City of Eagle Pass Code of Ordinances. Any flea market operator that does not comply with the provisions of this article shall be subject to a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each violation, with a separate violation deemed committed for each and every day that the violation(s) continues to occur.

(5)

Sales are made from designated vendor sale areas as illustrated on the approved construction and development plan for the flea market. Sale material is prohibited to be placed within or upon any pedestrian access aisle or any required fire lane so designated on the approved construction and development plan. Booth areas, pedestrian access aisles, and fire lanes are to be clearly delineated on the property through the use of a three (3) inch wide white or yellow stripe painted on the asphalt or concrete surface area of the flea market, with the location of all booth areas, pedestrian access aisles, and fire lanes placed in accordance with the approved construction and development plan. All pedestrian access aisles and fire lanes shall be asphalt surfaced or concrete surfaced. Any alternate surfacing shall be compliant with the provisions of the Americans with Disabilities Act (ADA) and shall be approved in writing by the planning department and, in the case of a fire lane, by the fire marshal.

Any on-premises sale of food shall be subject to the health and sanitation requirements of Chapter 16 of the City of Eagle Pass Code of Ordinances.

(6)

Have fire prevention and protection equipment on-site. The type and location of all fire prevention features, including the six-foot-wide emergency access aisle, shall be consistent with the International Fire Code (IFC), approved by the fire marshal, and illustrated on the approved construction and development plan.

(7)

All merchandise for sale, including temporary canopies, tables, and display structures shall be removed from the flea market property at the close of business each day, unless the material is contained (a) entirely within an enclosed storage unit or building as illustrated on the approved construction and development plan, or (b) entirely within a currently licensed trailer or licensed vehicle. The outdoor storage of merchandise is prohibited.

A permanent canopy structure shall be permitted, provided that (a) a building permit is obtained for the structure, (b) the structure complies with the floodplain management standards set forth in Chapter 13½ of the City of Eagle Pass Code of Ordinances, if located in a floodplain; and (c) the structure is designed in conformance with city design standards as approved by the planning department.

(b)

Each flea market vendor shall:

(1)

Recycle cardboard.

(2)

Have a copy of the regulations contained within this article in their designated booth area.

(Ord. No. 2013-14, § 1, 8-6-2013)