A. Temporary Permit Required; Conditions Of Issuance: Upon application, the Planning and Development Department, or its successor, may grant a temporary permit for a period of up to fourteen (14) days in such cases as they deem necessary and proper for the public safety and convenience for the temporary obstruction of a portion of any sidewalk, which temporary permit shall be upon such conditions as the Planning and Development Department may impose. A temporary permit under this section is not required if a permit that authorizes the closure or obstruction of a sidewalk pursuant to any other provision of this Code has been obtained. A business or other entity engaged in activities in which members of the public are invited on to the premises may place tables, chairs, or benches on a public sidewalk that is adjacent to the premises so long as any such items placed on the sidewalk do not reduce the available passageway on the sidewalk to a width of less than five feet (5'). Outdoor seating areas located in the public right-of-way shall require a revocable permit, which shall be upon such conditions as the Planning and Development Department may impose.
B. Nuisance Declared Without Permit; Penalty: The placing, keeping or maintaining of goods, wares, merchandise, building materials, sand, cement, rubbish, debris, garbage or other obstruction in or upon the sidewalks of the City without a temporary permit is hereby prohibited and declared to be a nuisance and a misdemeanor, and any person guilty thereof shall, upon conviction, be punished for a violation as provided in section 1-4-1 of this Code. It is declared by the City Council that congestion upon the sidewalks in the area known as "downtown" (Metropolitan Redevelopment District boundaries) warrants special consideration for reasons of public safety, and it shall be a violation of this section for any person to sell or place goods, wares or merchandise upon the sidewalks without a temporary permit. Such items shall not be placed on a sidewalk in a location that restricts the available passageway on the sidewalk to less than five feet (5') in width. Nothing herein shall forbid any person from offering or selling any article of his own art or craft actually made and produced by him if it is carried on his person and the article or any holder or container is no wider than the person carrying it.
C. Enforcement: The building inspector and Code enforcement are hereby directed to suppress and abate all such nuisances, and to direct the owner thereof or the owner or occupant of the adjoining property to remove the same, and upon the failure or refusal of such person so to do, the building inspector and Code enforcement are hereby directed to summarily abate the same by removing such obstruction at the expense of the owner thereof, or the owner or occupant of the adjoining premises if the obstruction poses an immediate threat to public safety.
D. Exceptions: Nothing herein contained shall be construed to apply to buildings, decorations, awnings or other types of street or sidewalk coverings, provided the same are a minimum of eight feet (8') above the level of such street or sidewalk, nor to the display of flags upon poles or standards placed along the curb line in holders of standard design. (Ord. 2019-1, 1-8-2019)