A. Purpose. The purpose of this Subchapter is to authorize the administrative permitting of public right-of- way, including sidewalks and curbside parking spaces, for outdoor dining and other uses as set forth in the Outdoor Dining Standards and Procedures or Parklet Design Guidelines, in areas where the establishment of such uses will promote commercial revitalization and business opportunities in a manner that is consistent with the public health, safety and welfare.. (‘65 Code, § 30-58.1)
B. Definitions. For the purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OUTDOOR DINING PERMIT AND LICENSE AGREEMENT. The permit issued by the City to a person or business authorizing the use of the sidewalk for outdoor dining or other uses as set forth in the Outdoor Dining Standards and Procedures.
OUTDOOR DINING STANDARDS AND PROCEDURES. Standards and procedures for the design and operation of the sidewalk to be used for outdoor dining and other uses, which shall be established by resolution of the City Council.
PARKLET DESIGN GUIDELINES. Standards and procedures for the design and operation of curbside parking spaces to be used for outdoor dining and other uses, which shall be established by resolution of the City Council.
PARKLET STREET USE PERMIT AND LICENSE AGREEMENT. The permit issued by the City to a person or business authorizing the use of curbside parking spaces for outdoor dining or other uses as set forth in the Parklet Design Guidelines.
PERMIT. Individually or collectively, a valid Outdoor Dining Permit and License Agreement and/or a valid Parklet Street Use Permit and License Agreement.
PERMITTEE. The holder of an Outdoor Dining Permit and License Agreement or a Parklet Street Use Permit and License Agreement issued by the City.
PUBLIC RIGHT-OF-WAY. Includes, but is not limited to, sidewalks and curbside parking spaces.
C. Applicability.
1. In order to use the public right-of-way for outdoor dining or other uses as set forth in the Outdoor Dining Standards and Procedures or Parklet Design Guidelines, a person or business must obtain, as applicable, an Outdoor Dining Permit and License Agreement or Parklet Street Use Permit and License Agreement as provided in this Subchapter.
2. Each permit shall provide for, but not be limited to, the indemnification of the City by the permittee, a requirement to maintain liability and other insurance coverage, and a refundable maintenance deposit for damage that may be caused to the public right-of-way. (‘65 Code, § 30-58.2)
D. Public Works Director/City Engineer authority.
1. The Public Works Director/City Engineer is authorized to approve and execute, on behalf of the City:
a. An Outdoor Dining Permit and License Agreement, subject to the adopted Outdoor Dining Standards and Procedures; and
b. A Parklet Street Use Permit and License Agreement, subject to the adopted Parklet Design Guidelines.
2. In addition to all other remedies provided by law or set forth in the permit, the Public Works Director/City Engineer is authorized to suspend or revoke:
a. An Outdoor Dining Permit and License Agreement for violation of its terms and conditions or violation of the adopted Outdoor Dining Standards and Procedures; and
b. A Parklet Street Use Permit and License Agreement for violation of its terms and conditions or violation of the adopted Parklet Design Guidelines.
(‘65 Code, § 30-58.3)
E. Placement and removal of fixtures and equipment in the public right-of-way.
1. Notwithstanding § 9.08.010 of this Code, fixtures and equipment approved by the Public Works Director/City Engineer pursuant to a permit may remain in and on the public right-of-way during such time as a permit is in effect.
2. Upon revocation or termination of a permit, all fixtures and equipment shall immediately be removed from the public right-of-way, and the public right-of-way shall be restored to its original condition at permittee’s sole cost and expense.
3. After revocation or termination of permit, permittee's failure to remove all fixtures and equipment or to restore the public right-of-way to its original condition, or both, shall be deemed a nuisance affecting the public’s health, safety and welfare, and is prohibited. In such a case, permittee’s maintenance deposit shall be forfeited.
(‘65 Code, § 30-58.4)
F. Use of public right-of- way for outdoor dining or other use prohibited. Notwithstanding any other provisions of this Code, it shall be unlawful for any person or business to use the public right-of-way for outdoor dining or other use without first obtaining a permit. (‘65 Code, § 30-58.5)
G. Fees. The City Council, by resolution, may establish fees for the use of the public right-of-way for outdoor dining and other uses.
(Ord. No. 94-015 § 1 (part); Ord. No. 2021-011 § 1)