(A) Findings and purposes. It is found and declared that:
(1) The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic;
(2) Reasonable regulation of streets and sidewalks is necessary to protect the public health, safety and welfare;
(3) The uncontrolled placement of tables and chairs, merchandise and goods, newsracks, planters and other articles and objects present an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, and traffic control;
(4) Tables and chairs, goods and merchandise, newsracks, planters and other articles and objects so located as to cause an inconvenience or danger to persons using public rights-of-way constitute public nuisances per se; and
(5) The provisions and prohibitions hereinafter contained are enacted in pursuance of and for the purpose of securing and promoting the public health, safety and welfare.
(Prior Code, § 4.1)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARTICLES AND OBJECTS. Any thing or obstruction placed over or upon a street or sidewalk.
GOODS AND MERCHANDISE. Any items offered for sale to the general public.
NEWSRACKS. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals.
PLANTERS. Any device used or intended to be used for display of non-artificial flowers.
SIDEWALK. Any surface provided for the use of pedestrians.
STREET. All that area dedicated to the public use for public street purposes and shall include, but not be limited to, roadways, state trunk lines and alleys.
TABLES AND CHAIRS. Facilities provided to customers for food or beverages upon a public sidewalk.
(Prior Code, § 4.2)
(C) License required. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on any public street or sidewalk or in any other public way or place, within the city limits, except in the areas designated as the city’s Downtown Development Authority District, any article, object or any other obstruction, except under the conditions and in the manner presented in this section; provided, however, the City Manager or his or her designee may grant, pursuant to the terms of this chapter, licenses for the erection, placement, maintenance or operation of newsracks, tables, chairs and planters on sidewalks within the area mapped as the Downtown Development Authority (DDA) District.
(Prior Code, § 4.3)
(D) Application. Applications for such permit (license) shall be made in writing to the City Manager upon such form as shall be provided by the city and shall contain the name and address of the applicant; the proposed specific location of the tables and chairs, newsracks or planters; and shall be signed by the applicant.
(Prior Code, § 4.4)
(E) Conditions.
(1) Indemnification, liability. As an express condition of the acceptance of such license, the licensee thereby agrees to indemnify and save harmless the city, its officers, directors and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use or maintenance of tables and chairs, newsracks, planters or goods and merchandise within the city.
(2) Issuance. Licenses shall be issued for the installation of newsracks, planters, tables and chairs with prior inspection of the location, but such newsracks, planters, tables and chairs, and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this section and upon such reasonable rules and regulations as may be established by the City Council, from time to time, by resolution. Licenses shall be issued within two working days after the application has been filed.
(3) Validity; renewal. Such licenses shall be valid for one year and shall be renewable pursuant to the procedure for the original applications referred to in division (D) above.
(4) Violations. No license shall be issued to an applicant or any license may be revoked in the event the applicant or licensee is in violation of any of the provisions of the city code.
(Prior Code, § 4.5)
(F) Standards for maintenance and installation. Any tables, chairs, planters or newsracks which in whole or in part rest upon, in or over any public sidewalk shall comply with the following standards: shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, all tables, chairs, planters and newsracks shall be serviced and maintained so that:
(1) They are reasonably free of dirt and grease; and
(2) They are reasonably free of chipped, faded, peeling and cracked paint in the visual painted areas thereof. The structural parts thereof are not broken or unduly misshapen.
(Prior Code, § 4.6)
(G) Location and placement. Any newsracks, planters, tables and chairs which rest in whole or in part upon, or in, or on any portion of a public sidewalk or right-of-way or which projects onto, into or over any part of a public sidewalk or right-of-way shall be located in accordance with the provisions of this section.
(1) No tables, chairs, planters or newsracks shall be used or maintained which projects onto, into or over any part of the roadway or public street, or which rests wholly or in part upon, along or over any portion of the roadway or any public street.
(2) No tables, chairs, planters or newsracks shall be permitted to rest upon, in or over any public sidewalk, when such installation use, or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such use unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally marked or stopped vehicle, the ingress into or the egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location.
(3) No tables, chairs, planters or newsracks shall be chained, bolted or otherwise attached to any fixture located in the public right-of-way, except to another newsrack, planter, table or chair.
(4) No tables, chairs, planters or newsracks shall be placed, installed, used or maintained:
(a) Within three feet of any crosswalk;
(b) Within eight feet of the back of the street curb unless approved under the city outdoor dining program;
(c) Within five feet of any driveway; or
(d) At any location whereby the clear space for the passage way of pedestrians is reduced to less than six feet.
(5) The City Manager may establish, by regulation, the number and location of areas within the city to be used for placement of newsracks.
(Prior Code, § 4.7)
(H) Placement of goods and merchandise; exception for special events.
(1) Notwithstanding anything herein contained to the contrary, the City Manager may allow the placement of goods and merchandise for retail sales each year for what is commonly referred to as “Sidewalk Days”.
(2) Notwithstanding anything contained herein to the contrary, the City Manager may allow the placement of goods for retail sales on a public sidewalk or public street by a non-profit organization recognized by the Internal Revenue Service as a charitable organization. The organization shall obtain a permit from the City Manager which shall specify the location(s) and time period covered by the permit. The permit shall be issued without charge and may not exceed 72 hours. The City Manager may deny the permit, if there is a reason to believe that the activity to be covered by the permit, its requested location(s) or time interval would interfere with the rights of others to use the public sidewalk or street, interfere with the ability of city employees to carry out their jobs or the right of the public to unobstructed travel along a public street or public sidewalk.
(Prior Code, § 4.8)
(I) Violation. Upon determination by the City Manager that a newsrack, planter, table or chair, goods or merchandise, or other article or object has been installed, used or maintained in violation of the provisions of this section, a notice to correct the offending condition will be issued to the owner or operator of such newsrack, planter, table or chair, goods or merchandise or other article or object. The notice shall describe the offending condition, request the action necessary to correct the condition and specify the time within which the offending condition must be corrected. If an offending condition is not properly identified by the owner or operator of the business premises located immediately adjacent to such section of the public street or sidewalk, the offending condition shall be removed immediately and processed as unclaimed property. An offending condition which is located on a public street, sidewalk or other public property shall be deemed a hazardous condition and an interference with the public’s right to use such public places and shall be removed. The City Manager or his or her designee may institute such legal proceedings as are necessary to enforce this section.
(Prior Code, § 4.9)
(J) Revocation of license. In addition to the enforcement procedures provided in division (I) above. It shall be within the power and discretion of the City Manager to suspend or revoke the license of continued or repeated violations or infractions of any provisions of this section or any rule or regulation of the city. Suspension or revocation shall be mandatory for the third offense under division (I) above.
(Prior Code, § 4.10)
(K) City Manager’s designated representative. “City Manager”, as used in this section, shall include his or her designated representative.
(Prior Code, § 4.11)
(Ord. 515, passed 7-3-1989; Ord. 658, passed 3-6-2000; Ord. 768, passed 12-15-2014) Penalty, see § 10.99