When used in this article, the following words, terms, and phrases, and their derivations, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

(a)   Metal Detectors includes any device, machine or instrument used to detect or discover metal objects on or beneath the surface of land or water.

(b)   Public space includes all City-owned parks and City-owned property within street rights-of-way, including any roadways and sidewalks.

(c)   Public way means all areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings.

(Code 2001, 3-701)

It shall be unlawful for any person, to engage in the use of a metal detector in public space or public ways unless he or she has first obtained a license from the City Clerk or the designee of the City Clerk.

(Code 2001, 3-702)

The application for a metal detectors license shall contain all information relevant and necessary to determine whether a particular license may be issued, including but not limited to:

(a)   The applicant’s full name, current address, telephone number and proof of identity;

(b)   The specific location, if any, in which the intended licensee intends to use the metal detector; and

(c)   If a motor vehicle is to be used, a description of the vehicle together with the motor vehicle registration number and license number;

(Code 2001, 3-703)

Any person, firm or corporation granted a license under this article shall pay an annual license fee of twenty-five dollars.

(Code 2001, 3-704)

Any license issued by the City Clerk shall be carried with the licensee whenever he or she is engaged in metal detecting and shall be displayed upon the request of any law enforcement officer.

(Code 2001, 3-705)

All licensees shall assure that a current and correct name, residence address and mailing address are on file with the City Clerk. Whenever either the name or address provided by a licensee on the application changes, the licensee shall notify the City Clerk in writing within ten days of such change and provide the same with the name change or address change.

(Code 2001, 3-706)

Licensees shall be allowed to engage in the metal detecting only between the hours of 8:00 a.m. and 11:00 p.m.

(Code 2001, 3-707)

(a)   Licensees shall keep the sidewalks, roadways and other spaces adjacent to sites or locations used for metal detecting clean and free of paper, and refuse of any kind generated from the use of the public space or public way.

(b)   No person authorized to engage in metal detecting under this ordinance shall:

(1)   Unduly obstruct pedestrian or motor vehicle traffic flow.

(2)   Dig, excavate or disturb in any way the surface of the public way or land to create a hole in excess of one inch in depth or to create a nuisance, or constitute a hazard to traffic, life or property, without completely covering the hole.

(Code 2001, 3-708)

The penalty for violating any provision of this article shall be a fine not exceeding twenty-five dollars for each offense together with revocation or suspension of the license. Each violation shall be evidenced by a separate written notice presented at the time of citation for the offense. A hearing on each violation shall be required before any fines, suspensions or revocations can occur. Each day of violation shall be deemed a separate offense.

(Code 2001, 3-709)

(a)   In addition to the penalties contained in this Ordinance, any license issued under this Ordinance may be suspended or revoked for any of the following reasons:

(1)   Fraud, misrepresentation or knowingly false statement contained in the application for the license;

(2)   Use of a metal detector in any manner contrary to the conditions of the license;

(3)   Use of a metal detector in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or morals, or interfere with the rights of abutting property owners;

(b)   The City shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation, and notifying the licensee or permittee of his right to appeal. Such notice shall be mailed to the address shown on the license holder’s application by certified mail, return receipt requested.

(c)   If the City revokes a license or permit, the fee already paid for the license or permit shall be forfeited. A person whose license or permit has been revoked under this Section may not apply for a new license for a period of one (1) year from the date that the revocation took effect.

(Code 2001, 3-710)

(a)   If the City Clerk denies the issuance of a license or permit, suspends or revokes a license or permit, or orders the cessation of any part of the business operation conducted under the license or permit, the aggrieved party may appeal the City Clerk’s decision to the Governing Body of the City of Cherryvale.

(b)   The filing of an appeal stays the action of the City Clerk in suspending or revoking a license or permit or any part of the business operation being conducted under such license or permit until the Governing Body makes a final decision, unless the City Clerk determines that continued operation of the metal detector business constitutes an imminent and serious threat to the public health or safety, in which case the City Clerk shall take or cause to be taken such action as is necessary to immediately enforce the suspension, revocation or order.

(Code 2001, 3-711)