Disabled licensed peddlers may petition the Director, in writing, for permission to be exempted from non-use of carts, dollies, tables, wagons or other similar devices. The petitioner must prove the following:
a. The petitioner's qualification under Title II of the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq., by a written letter from a licensed physician; and
b. The petitioner's need for the specific accommodation requested; and
c. A permit for the temporary occupation of the public right-of-way, pursuant to Article 14 of Chapter 49 of the DRMC is not sufficient to address the needs of the petitioner.
Upon such verification that the petitioner has established all three prerequisites, the Director may allow the petitioner to use one, and only one cart, dolly, wagon, or other device, to carry only that quantity of goods and/or products as the peddler would reasonably be capable of carrying, but for their disability. All such petitions must include a photograph of the proposed cart, dolly, wagon, or device, and a written description of its size and dimensions, and a written explanation of the intended manner, method, and specific location(s) of its use.
The Director may consider the potential negative impact of the request upon the health, safety, and welfare of the public if such proposed cart, dolly, or device, or the manner or method of its use, would to impede, block, or other interfere with the public's use of the right-of-way in the locations requested by the petitioner. The Director may seek the advice and consent of the Department of Public Works in making any decision in granting or denying the petition as a whole, or partially granting the petition, with specific written limitations as to the manner, method or location of the requested device's use.