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9. The permit applicant demonstrates that the proposed use of <br /> the right of way is not inconsistent with the use for which the <br /> right of way was dedicated to the city. <br /> (b) No outdoor cafe permit shall be issued for premises located within <br /> the downtown activity zone as defined by section 4.871 of this <br /> code except by an activity permit issued pursuant to section 3.341 <br /> of this code. <br /> (c) A permit issued pursuant to section 3.341 of this code may be <br /> temporarily suspended if the public interest requires use of the <br /> right of way for a public event, construction, repair, or any other <br /> purpose. <br /> (4) Downtown activity zone. Words and phrases used in this subsection <br /> shall have the meanings ascribed to them in section 4.871 of this code. <br /> (a) Except for participants in a city-sponsored event, no person or <br /> business shall conduct any of the following activities on public <br /> pedestrian areas within the downtown activity zone without first <br /> receiving an activity permit pursuant to section 3.341 of this code: <br /> 1. Any commercial pursuit except for personal solicitation, <br /> fund raising activities which do not involve the sale of <br /> goods, and street entertainment. <br /> 2. Placing a display or allowing a display in one's charge to <br /> remain. <br /> 3. An activity, event, or performance for which admission is <br /> charged, and that occurs in or upon a specific area of <br /> public property which the coordinator or sponsor desires to <br /> reserve for its exclusive use. <br /> 4. Creating or continuing a noise disturbance. <br /> (b) A permit shall be valid for the period of time specified on the <br /> permit, not to exceed six months, with the exception of a pushcart <br /> permit, which may not exceed one year. <br /> (c) Except for the sale of written material, distribution of written <br /> material may occur without obtaining an activity permit. <br /> Distribution of written material is allowed provided any person <br /> making the distribution removes all distributed material discarded <br /> or abandoned on any part of the downtown activity zone within <br /> 200 feet of each place where the written material was distributed. <br /> Such removal shall occur every four hours or when distribution <br /> ceases, whichever first occurs. Failure to promptly remove such <br /> material may result in the city performing the removal required of <br /> the distributor and billing and collecting the cost from any person <br /> responsible. Any person or organization which fails to remove <br /> discarded written material distributed by that person or <br /> organization shall have committed a violation of this code. <br /> (d) An owner or person in charge of property or a business located <br /> within the boundaries of the downtown activity zone shall keep <br /> <br />Ordinance - 3 <br /> <br /> <br />