(A) No permittee shall:
(1) Place any items, tables or chairs on any portion of the public property other than that directly in front of his or her existing place of business without the written consent of adjacent landowners and businesses, as well as the city. In no event shall items be placed in the landscaped areas or extend beyond 25 feet from each side of the applicant's business.
(2) Block or restrict the sidewalk to less than five feet in width, or block ingress or egress to or from any building. In areas of congested pedestrian activity, the administrator is authorized to require a wider pedestrian path, as circumstances dictate. Also, no items shall be placed so as to block any driveway, crosswalk, bus stop, counter service window or block visibility within an intersection.
(3) Sub-license or assign its license to the encroachment area.
(4) Place objects around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier, without the written approval of the administrator. Any fence or barrier used to denote the area of the outdoor café must not exceed three feet in height and shall not be affixed to the sidewalk.
(5) Use tables, chairs, umbrellas and any other objects of such quality, design, materials and workmanship which are not authorized by the administrator.
(6) Use umbrellas which are not durable/weather resistant and fire-retardant, pressure-treated or manufactured from fire-resistive material.
(7) Where a building is not owned by the applicant or owner of the business, fail to secure permission of the landlord.
(8) Utilize the area for commercial activity in any way without the insurance coverage specified.
(9) Permit the sounding of any device on the sidewalk or surrounding public property which produces a loud noise, or use or operate any loudspeaker, public address system, radio, television, sound amplifier or similar device.
(10) Fail to pick up, remove and dispose of all trash or refuse left by the business or its patrons on the sidewalk.
(11) Store, park or leave any stand or items of merchandise overnight on any street or sidewalk, except for tables and chairs, which may be kept in the encroachment area at the permittee's risk.
(12) Store, park or leave any vehicle, truck or trailer within the encroachment area.
(B) The encroachment permit is a temporary license, which may be denied, suspended or revoked for any conduct which is contrary to the provisions of this chapter, the rules and regulations promulgated hereunder or for conduct of the business in a manner as to create a public nuisance or constitute a danger to the operator's or the public's health, safety or welfare. No property right is created by this chapter, and the decision of the City Manager shall be final.
(Ord. 13-010, passed 5-14-13)