(a) No later than sixty (60) days from the effective date of this ordinance, every owner or occupant of property abutting the Cuyahoga River or Old River and containing a commercial establishment with alcohol-selling boundaries that include an area outside of a building, which area extends to the river’s edge and is accessible to the public and/or patrons of the commercial establishment, shall install a continuous Pedestrian Barrier between the river and any open area accessible to the public. Thereafter the barrier must be maintained per the requirements of this Building Code.
(b) The requirements for the Pedestrian Barrier shall be determined by the location of the barrier in relation to the water’s edge. The Pedestrian Barrier must be installed from zero (0) inches to forty-two (42) inches from the water’s edge.
(c) From zero (0) inches to thirty (30) inches from the water’s edge, the Pedestrian Barrier shall conform to the requirements for Guards as dictated in the latest edition of the Ohio Basic Building Code.
(d) From greater than thirty (30) inches to forty- two (42) inches from the water’s edge, the Pedestrian Barrier shall conform to the following criteria:
(1) Six (6) inch diameter painted steel vertical posts spaced no greater than twelve (12) feet apart and securely affixed to withstand a two hundred (200) pound lateral live load;
(2) Seven (7) horizontal strands of one- eighth (1/8) inch galvanized steel cable, evenly spaced between the posts and attached securely at the ends with the top cable to be installed not less than forty-two (42) inches above the surface of the deck.
(e) Where mooring is allowed, there shall be at least one (1) gated opening per establishment to provide safe ingress and egress from the river for the type of vessel being served. The width of the gated opening shall not exceed five (5) feet. The operator of the establishment shall submit, with the building permit application, a written policy outlining how the gated opening will be managed to provide the greatest safety for boaters and pedestrians.
(f) The installation of the Pedestrian Barrier shall require a permit issued by the Commissioner of Building and Housing and the City Planning Commission shall approve the design.
(g) The City Planning Commission, in consultation with its designated design review committee, may approve a Pedestrian Barrier design which varies from the standards established in this division if the commission determines that the alternate design is more appropriate to the design of the property and its environs, while meeting all of the safety requirements of this section.
(h) Whoever violates this section shall be guilty of a first degree misdemeanor.
(Ord. No. 812-01. Passed 6-19-01, eff. 6-27-01)