(A)   Unless otherwise permitted below, no person shall encumber any street or sidewalk or, being the owner, occupant, or person having care of any building or lot of land bordering on any street or sidewalk, shall permit the same to be encumbered with obstructions or rubbish of any kind so as to interfere with the free and unobstructed use thereof. An adequate aisle, in compliance with the American with Disabilities Act (ADA), shall be maintained at all times.
   (B)   The placement of merchandise, tables, chairs, and “A” frame signs may be permitted on sidewalks in the B-3 and B-5 districts where adequate space is available and as approved by permit issued by the Safety Director in accordance with the following:
      (1)   An adequate aisle, in compliance with the American with Disabilities Act (ADA), shall be maintained at all times.
      (2)   An annual fee of $35 is required for both an “A” frame sign permit and a table/chair permit in front of each establishment.
      (3)   Minimum liability insurance of $300,000 is required for items placed on the public sidewalk that are owned by a private entity.
      (4)   For each item approved for placement on the sidewalk, an indemnity agreement in favor of the city is required.
      (5)   The city reserves the right to revoke any permit.
      (6)   Tables, chairs, and “A” frame signs on a public sidewalk, must comply with the permit requirements.
   (C)   Other temporary encumbrances on the public streets or sidewalks may be allowed by permit from the Safety Director’s office. Such temporary encumbrances may include, but are not limited to, dumpsters, roll-offs, portable storage units, and construction equipment. In addition to the requirements outlined in the permit, anyone placing a temporary encumbrance in the public right-of-way must take proactive measures to protect the public safety and well-being from said encumbrance as specified in this chapter and determined by the Safety Director or his or her designee. The permit for temporary encumbrances on public streets or sidewalks shall be issued by the Safety Director is accordance with the following:
      (1)   Permit fee is set at $50 per encumbrance and is valid for seven days. Renewal will be $50 per additional seven-day period. The Safety Director has the discretion to waive the fee.
      (2)   The signing of an indemnity statement agreeing to hold the city harmless from any damage caused or claimed as a result of the use or location of such encumbrance.
(Ord. 8349, passed 9-2-2014) Penalty, see § 98.99