§ 121.27 PERMIT FEE AND APPLICABILITY.

   (A)   There shall be no fee charged for an outdoor café encroachment permit.

   (B)   Any permit issued under the provisions of this subchapter shall be valid from January 1 to December 31 of each calendar year.

   (C)   Any person who shall operate an outdoor café upon public property without a proper permit as required by this subchapter shall be subject to penalties as established by this subchapter.

   (D)   Any permit issued under the provisions of this subchapter shall be used only by the person or business entity listed in the application form filed and the permit issued. Said permit shall be only for the location listed in the application form filed and the permit issued. Said permit is not transferable to another applicant, person, business entity or to another location.

(Ord. 19-2015, passed 11-16-2015; Ord. 08-2016, passed 5-16-2016)

§ 121.28 STANDARDS AND CONDITIONS.

   (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)

§ 121.29 REQUIREMENTS NOT COVERED.

   Requirements necessary for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the Mayor or his or her designee.

(Ord. 19-2015, passed 11-16-2015)

§ 121.30 ENFORCEMENT.

   The Mayor is hereby authorized and directed to enforce the provisions of this subchapter. The Mayor or his or her designee shall have the authority to render interpretations of this subchapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this subchapter. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this subchapter.

(Ord. 19-2015, passed 11-16-2015)

§ 121.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   (1)   Any person or private entity who fails to comply with the provisions of §§ 121.25 through 121.30 of this chapter or any order issued pursuant to §§ 121.25 through 121.30 of this chapter shall be guilty of a violation punishable by a fine. An official of the city may issue a citation for any violation of §§ 121.25 through 121.30 of this chapter.

      (2)   Fines shall be $200 for the first offense; $250 for the second offense; and $500 for the third offense and any additional offenses.

      (3)   The outdoor café permit issued under the provisions of §§ 121.25 through 121.30 of this chapter is a temporary license that may be denied, suspended or revoked for any conduct that is contrary to the provisions of §§ 121.25 through 121.30 of this chapter or for any use of the permitted area that in any manner creates a public nuisance or constitutes a danger to the public’s health, safety or welfare in the sole discretion of any official of the city.

      (4)   Violations of §§ 121.25 through 121.30 of this chapter may be abated by the city. The city may recover the reasonable costs of any abatement action.

      (5)   Any person or private entity cited under §§ 121.25 through 121.30 of this chapter may appeal said citation and request a hearing before the Elizabethtown Code Enforcement Board pursuant to the process and procedures of Ord. 09-2003, adopted April 2003, as amended.

(Ord. 19-2015, passed 11-16-2015)