A restaurant patio may be licensed to encroach onto city right-of-way on the following conditions:
A. All the conditions set forth in section 4-1-25 are satisfied.
B. There shall be a continuous forty-two (42) inch wide unobstructed clear passage area for pedestrians and persons in wheelchairs between chairs, tables, umbrellas, partitions, and other obstructions to allow persons to pass the restaurant patio. For the purposes of this policy, other obstructions shall include, but not be limited to, light poles, sign poles, building fronts, trees, or other permanent street furniture and/or fixtures. The holder of the license with approval for a restaurant patio shall be responsible for preserving this forty-two (42) inch clear passage at all times.
C. Table umbrellas shall be permitted under the following conditions:
1. The minimum height of the umbrella canopy shall be seven (7) feet;
2. No umbrella shall obstruct any street signs; c) No portion of an umbrella shall encroach on the forty-two (42) inch passage area.
D. Furniture or partitions may only be installed within the right-of-way or to any object within the right-of-way with the permission of the public works director or designee. Said permission may require the posting of a bond to cover the expenses of potential damage to the right-of-way or improvements contained therein. (Ord. 2020-634, 10-28-2020)