(A) All outdoor café encroachments must be within the permitted area as indicated on the application filed and the approved permit issued by the city. The city may require the area to be marked or physically indicated.
(B) All outdoor café encroachments must maintain a minimum 54-inch clear passage way on the public sidewalk for pedestrians and shall not block access to any building, driveway or crosswalk.
(C) Any change in the outdoor café encroachment area or the materials (furniture or fixtures) approved to be within the outdoor café encroachment area must receive written approval from the city.
(D) Outdoor café encroachment areas may be open to patrons of the business from 7:00 a.m. to 12:00 a.m. (midnight) daily.
(E) All outdoor café encroachment areas must maintain a minimum five-foot unobstructed clearance from a fire hydrant.
(F) All outdoor café encroachment areas must be kept sanitary, neat and clean at all times. The area shall be free from accumulation of food, litter and other potentially dangerous and unsanitary matter. Table tops must be so designed and of such material and workmanship as to be smooth, non-porous, easily cleanable and durable and shall be in a good condition to be readily maintained in a clean and sanitary condition.
(G) No loudspeakers shall be allowed within the outdoor café encroachment area.
(H) Smoking shall be prohibited in any outdoor café encroachment area.
(I) All improvements (furniture and other fixtures) used in the outdoor café encroachment area must be readily removable without damage to the surface of the public right-of-way and there shall be no penetration of the public sidewalk surface.
(J) The outdoor café encroachment area must be accessible to persons with disabilities.
(K) Heating is permitted in outdoor café encroachment areas, as long as the heaters are portable and can be removed. The heating unit must be approved by the Fire Chief or his or her designee and the City’s Electrical Inspector.
(L) The permitted use of the outdoor café encroachment area may be temporarily suspended by the city when street, sidewalk or utility repairs are necessary.
(Ord. 19-2015, passed 11-16-2015; Ord. 18-2023, passed 8-21-2023)