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Magistrate dismisses citation for one-day outdoor display at T. Gregory Imports after city code change

3197313 · March 26, 2025
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Summary

The special magistrate dismissed a code-enforcement citation based on a February 14 observation of outdoor retail items at 1121 North Third Street, finding the issue moot after a March 17 ordinance revision that permits limited outdoor display (bicycles, plants, outdoor furniture up to 200 sq ft during business hours). No fine was imposed.

Special Magistrate Brenna Durden dismissed a citation on March 26 against Pink Moon Imports LLC, doing business as T. Gregory Imports at 1121 North Third Street, stemming from a city observation on Feb. 14 that merchandise was displayed outdoors. Durden said a March 17, 2025 ordinance amendment changed the zoning code to permit limited outdoor display of designated items and that, based on the record before the magistrate, the issue was effectively moot.

Code Enforcement presented photographs of a wine rack and a teak bench observed on Feb. 14; the city initially recommended the fine specified in an earlier order if the business repeated the violation. Business owner Patrick (Panton) Poe asked for a continuance because legal issues in a prior related order were under appeal, but the magistrate concluded the new code language affected the case outcome and declined to assess the fine for the single-day observation.

The new ordinance language adopted March 17 permits outdoor display of bicycles, plants and outdoor furniture, limited to 200 square feet and only during business operating hours, under the city’s commercial-limited district rules (section cited in hearing as 6-17(b)). Durden warned that the city should adopt and apply a clear operational standard so businesses do not add nonpermitted items by incremental steps; she emphasized that future, repeated violations could result in fines.

The magistrate dismissed the citation for the Feb. 14 observation and said she would issue a written order reflecting the dismissal. The city was advised to follow the adopted ordinance language and to clarify the definition of permitted outdoor furniture as needed.