(a) As used in this section, "Downtown Business District" means all public streets within the City of Celina, Ohio contained within and bounded by Livingston Street, Ash Street, Logan Street and Walnut Street, and the parts of such streets that define said boundary, including both sides thereof; as well as the one-half block west on Market Street from Walnut Street, and both sides of said Market Street at that location; as well as and one block west on Fayette Street from Walnut Street, and both sides of said Fayette Street at that location; or as otherwise defined in Section 353.01 of these Codified Ordinances, as amended from time to time.
(b) No person shall place or knowingly drop upon any part of a sidewalk or playground any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person or
animal traveling along or upon such sidewalk or playground.
(c) No person shall erect, construct or place any obstruction on the streets, alleys or sidewalks, except as the same may be temporarily necessary for the purpose of erecting structures or making improvements on lands adjacent thereto. A permit for such temporary obstruction must
be obtained from the Director of Public Service-Safety prior to the erection of such obstruction.
(d) (1) Notwithstanding any other provisions of this section, no person shall erect, construct and/or place any obstruction on the streets, alleys or sidewalks which are contained within the "Downtown Business District" without first obtaining a permit, annually, for such obstruction from the Director of Public Service-Safety prior to the erection of such obstruction.
(2) No such permit for any such obstruction within the "Downtown Business District" shall be issued unless all of the following apply:
A. The obstruction shall allow for full compliance with the Americans with Disabilities Act ("ADA"), and all similar legislation, including allowing for a minimum of forty (40) inches clearance of "flat sidewalk" outside of the obstructed area, or as otherwise modified by the ADA and all similar legislation which currently requires that any such clearance be no less than thirty-six (36) inches of "flat sidewalk" outside of the obstructed area;
B. The obstruction shall be no more than seven (7) feet from the face of the building;
C. The obstruction shall be removable and temporary in nature.
D. Any anchors used to secure the obstruction to the sidewalk and/or a building shall be fully-removable, shall be pre-approved by the Director of Public Service and Safety, and shall leave a flush surface when the obstruction is removed.
E. In the event that the obstruction is a sign advertising goods, services, or similar items of a business, the obstruction shall only be allowed during hours which said business is open to the public.
F. In the event any obstruction, including without limitation its installation or removal, the person and/or entity seeking approval for such obstruction shall be fully liable to the City of Celina, Ohio for any and all damages and/or injuries occurring as a result thereof. and shall agree in indemnify the City of Celina, Ohio and its agents for the same.
G. Any permit(s) issued hereunder shall be exclusive to the individual/entity who applied for the same, and are not transferable in any manner without the prior approval of the Director of Public Service and Safety.
(3) In addition to any and all other requirements set forth in this Section of the Celina Codified Ordinances. no such permit for any obstruction that is a fence within the "Downtown Business District" shall be issued unl ess. in addition to the establishment meeting all other requirements herein set forth, all of the following additional requirements apply:
A. In the event that the obstruction is a fence:
1. The establishment seeking to erect such fence must be a retail food service business with all appropriate and current licensures from all applicable governmental bodies and/or agency(ies);
2. The same shall be no higher than three (3) feet from the surface of the sidewalk to the highest point of the obstruction;
3. The obstruction shall be erected no earlier than April I st of each calendar year, and shall be removed by no later than November 1st of the same calendar year; and
4. The same shall be consistent with the standards of the City of Celina's Downtown Review Board, and shall be limited to the following materials: painted steel , wrought iron, cast iron, aluminum, or any other material which is otherwise approved of by the City of Celina's Downtown Review Board.
(e) No person shall erect, construct, place or maintain awnings, signs, marquees or other projections or any other obstruction from or adjacent to a building in the Downtown Business District unless such are so erected as to be at a height of eighty-four inches or more above the surface of the sidewalk.
(f) Notwithstanding any of the provisions contained wi thin this section of these Celina Codified Ordinances, any and all otherwise applicable laws, including local, State and Federal, shall equally apply to all matters arising within all geographical areas addressed herein and/or
otherwise related to this section of these Celina Codified Ordinances.
(g) (1) Whoever violates any provision of Section 521.04 of these Celina Codified Ordinances is guilty of a minor misdemeanor for each such offense, and shall also be assessed any costs incurred in the modification, removal, impoundment, and/or disposal of any obstruction, sign, or other object or thing encroaching upon the sidewalks in violation of this section of these Celina Codified Ordinances.
(2) A separate offense shall be deemed committed each day for each and every violation under this section of these Codified Ordinances occurs.
(Ord. 49-12-0. Passed 1-28-13.)