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(a) No person shall place or knowingly drop upon any part of a sidewalk, playground or other public place any tacks, bottles, wire, glass, nails or other articles which may damage property of another or injure any person or animal traveling along or upon such sidewalk or playground.
(b) No person shall walk on, or allow any animal upon, or injure or deface in any way, any soft or newly laid sidewalk pavement.
(c) No person shall place, deposit or maintain any merchandise, goods, material or equipment upon any sidewalk so as to obstruct pedestrian traffic thereon except for such reasonable time as may be actually necessary for the delivery or pickup of such articles. In no case shall the obstruction remain on such sidewalk for more than one hour.
(EDITOR'S NOTE: City Council declared a moratorium on the provisions of this division (c) for any restaurant or food service operation in the B-D Downtown Business District, to allow outdoor dining on a temporary basis commencing with the approval of Ordinance 2002-129, passed July 1, 2002, and terminating on November 1, 2002. Ordinance 2008-71, passed May 19, 2008, further extends the moratorium until November 1, 2008.)
(d) No person shall unload upon, or transport any heavy merchandise, goods, material or equipment over or across any sidewalk or curb without first placing some sufficient protection over the pavement to protect against damage or injury. The affected area shall be rendered safe and free from danger.
(e) No person shall allow any cellar or trap door, coal chute or elevator or lift opening in any sidewalk to remain open without providing suitable safeguards to protect and warn pedestrian traffic of the dangerous condition.
(Ord 74-174. Passed 6-17-74.)
(f) A permit is hereby authorized to be issued for a vendor-operated push cart, for ice cream., sandwiches, soft drinks and other similar items, to operate on the sidewalks in the downtown commons area, excluding the Ely Park area, which boundaries include Broad Street, Middle Avenue, Second Street and Court Street, from January 1 through December 31 of each year. Said permit is to be renewed annually and must comply with all licensing requirements of the Health Department.
(Ord. 95-159. Passed 7-10-95.)
(g) A permit is hereby authorized to be issued for outdoor dining in the Business-Downtown Zoning District, from April 1 through November 1 of each year. Said permit is to be renewed annually. The following application procedures and standards must be followed.
(1) Application process.
A. An applicant for an outdoor dining permit shall file an application with the Safety Service Director on such forms and subject of such procedures and fee(s) as the Director may establish.
B. Application shall include a plan with dimensions showing the layout for the outdoor dining area which accurately depicts the existing sidewalk conditions, including sidewalk width from the building face to curb; location and dimensions of tree wells, location of light posts, trash receptacles, and other sidewalk features or obstructions, as well as design, location, size and space of dining area, chairs, tables, fence/barriers, umbrellas, signage, lighting and other facilities to be located within the outdoor dining area, and such additional information as the Director may reasonably require.
C. The Director shall review the application to determine if the proposed outdoor dining application is reasonable, attractive and promotes pedestrian and retail activity while retaining adequate space within the public right-of-way to facilitate safe circulation of pedestrian traffic.
D. The Director will request review from the Building Inspector, City Engineer, Fire Department and Health Commissioner prior to approval.
E. The Director may approve, approve with conditions, or deny the application.
(2) Standards for outdoor dining.
A. The outside dining area shall be located adjacent to the property of an existing and lawfully operating restaurant.
B. The outside dining area is to be kept attractive and clean.
C. The outdoor dining area may be open to patrons from 6:00 a.m. to 1:00 a.m. daily.
D. No food preparation is permitted in the outside dining area.
E. Tents, banners, speakers and televisions are prohibited.
F. All improvements (furniture and fixtures) used in the outdoor dining area must be readily removable without damage to the surface of the right-of-way.
G. There shall be no penetration of the public sidewalk.
(h) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2009-98. Passed 4-6-09; Ord. 2009-108. Passed 5-4-09.)