(A) No person shall obstruct or endanger, or permit anything to obstruct or endanger the free passage or proper use of the public of any street, sidewalk, alley, or public place, except as may be provided otherwise in this section.
(B) Goods, wares, and merchandise may be placed on sidewalks for such reasonable time as may be necessary while loading and unloading them if they are removed within 24 hours.
('75 Code, § 22-5)
(C) An establishment having a fixed location and in the regular business of offering food and beverages for on-site consumption to the general public may utilize the public sidewalk and pedestrian ways adjoining the establishment for the purpose of providing outside seating for patrons upon the following terms and conditions:
(1) The President of the Kokomo Board of Public Works and Safety is authorized to approve or disapprove permit applications and issue permits.
(2) No more than 50% of the width of the public sidewalk or pedestrian way measured perpendicularly from the building face, may be used for patron seating.
(3) No litter or debris shall be allowed to migrate to adjoining sidewalk, pedestrian way, or street surfaces.
(4) The permit applicant shall execute an indemnification agreement, in a form acceptable to the city, indemnifying the city against all liability claims arising from the use of the sidewalk or pedestrian way permitted herein, including reasonable attorney fees.
(5) The Board of Public Works and Safety may require the production of certificates of insurance, naming the city as an additional named insured, evidencing such policies of insurance, and in such amounts, as may be determined by the Board.
(6) Permit holders shall be responsible for maintaining order in their outdoor seating area. Failure to maintain order shall constitute grounds for revocation of a permit, or denial of additional requests for permits.
(7) Permits shall be prominently displayed on-site and are subject to inspection by city officials upon request.
(8) Permits are subject to revocation by the Board of Public Works and Safety should the permit holder fail to comply with any of the conditions set out herein. In addition, permit holders are subject to fines as set out at § 97.99. Permit holders may request a hearing before the Board of Public Works and Safety to show cause why a permit should not be revoked.
(9) Should a permit be revoked, the permit holder shall not be eligible for issuance of another permit until the following calendar year.
(10) Should the President of the Kokomo Board of Public Works and Safety disapprove a permit application, the applicant may appeal the President's decision to the full membership of the Kokomo Board of Public Works and Safety.
(11) Permit holders must follow all applicable rules and requirements of the Indiana Alcohol and Tobacco Commission regarding outdoor seating.
(D) No person shall allow the temporary or permanent installation of any signage within the public right-of-way. The City Engineer shall notify the owner of a sign located within the right-of-way and provide a reasonable time to remove the sign. Failure to remove the sign will result in the sign being removed and destroyed.
(Am. Ord. 6311, passed 5-24-04; Am. Ord. 6431, passed 6-12-06; Am. Ord. 6567, passed 12-8-08; Am. Ord. 6713, passed 3-11-13) Penalty, see § 97.99