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(a) It shall be unlawful for any person to permit any cellar door, cellarway or grating to any vault in any public way in the urban county, belonging to premises owned or occupied by him, to be in an insecure condition so as to endanger passersby.
(b) It shall be unlawful for any person to place or maintain on any sidewalk, street or alley any cellar door, cellarway or steps leading into any cellar door or cellarway that is otherwise than level with the adjacent pavement or that extends more than four (4) feet from the line of the adjoining lot.
(c) It shall be unlawful for any person to permit any grating, cellar door, areaway or passageway in any sidewalk to remain open except when in actual use as provided in subsection (d) of this section.
(d) It shall be unlawful for any person to prevent the free and unobstructed use by pedestrians of the entire sidewalk from the property line abutting on such sidewalk to the curb, except for the time such openings in the sidewalk are being actually used for ingress or egress from the cellar or basement with which such openings communicate or connect; and when such actual use ceases, the grating or cellar door or areaway or passageway in the sidewalk shall be closed on a level with the sidewalk, and securely fastened, so that pedestrians may safely and without obstruction use the full width of the sidewalk, including the space therein consumed by such grating, cellar door, areaway or passageway.
(e) All sidewalk gratings shall be protected on the under side with a quarter-inch wire mesh screen.
Any person violating any of the provisions of subsections (a) or (b) of section 17-25 shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense. Each day's continuance of a violation shall be a separate offense.
Any person violating any of the provisions of subsections (c), (d) or (e) of section 17-25 shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). Each day's continuance of a violation shall be a separate offense.
(Ord. No. 198-95, § 6, 9-7-95)
No person shall play baseball, football or any other game of ball upon any street within the urban county; and any person violating this section shall be deemed guilty of a misdemeanor and shall be fined not more than ten dollars ($10.00) nor less than one dollar ($1.00) for each offense.
Cross reference(s)—Ball playing on college or school grounds, § 14-57.
All sidewalks abutting on buildings or other structures which are in the course of erection shall be protected against falling material therefrom.
Any person violating any of the provisions of this section shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) and each day's continuance shall be a separate offense.
For the purpose of this article, the following words shall have the meanings respectively ascribed in this section.
(1) Administrator: The director of the division of building inspection or their designee authorized to enforce this section.
(2) Clear zone: That portion of the public right-of-way that is intended for pedestrian traffic along the sidewalk. The minimum width and location of the clear zone shall be determined by the administrator, however in all instances it must be a minimum of four (4) feet in width and otherwise compliant with the Americans with Disabilities Act. In areas of congested pedestrian activity, a wider minimum portion of the sidewalk may be required. The location of the clear zone shall be consistent for the entire block, and, in most instances, it shall be required to be located immediately adjacent to the facade of the permitted establishment. The clear zone must be free from any items, obstacles, or barriers, at all times, so as to allow clear movement for pedestrians along the public right-of-way.
(3) On-street parking: That portion of the public right-of-way that is intended for vehicular parking along roadways with speed limits of twenty-five (25) miles per hour or less.
(4) Encroachment: Furnishings, which include, tables, umbrellas, chairs, and other objects directly related to the business of food and/or refreshment service on the public right-of-way, sidewalk or common area on public property.
(5) Outdoor cafe: The placing, locating, or permitting of the placing or locating of encroachments or other furnishings on adjacent right-of-way, such as sidewalks and on-street parking, or public property, by a business appropriately licensed to operate as an establishment where food and/or other refreshments are served and that possess a valid permit under sections 17-29 to 17-29.5 of the Code. Appropriately licensed restaurants and bars are generally qualified to apply for an outdoor cafe permit.
(6) Permittee: The recipient of an encroachment permit under the terms and provisions of this article.
(7) Permitted area: The area in which the encroachment of the outdoor cafe into or onto the public right-of-way is lawfully permitted pursuant to the encroachment permit.
(8) Sidewalk: That portion of the public right-of-way intended for the use of pedestrians extending up to twenty-five (25) feet in front of the facade of the permitted establishment.
(a) It shall be unlawful for any person to create, establish, operate, maintain or otherwise be engaged in the business of running an outdoor cafe or place any items upon the sidewalks, on-street parking locations, or public property in the urban county unless they shall hold a currently valid permit issued under the terms of this article.
(b) A permit is intended to allow:
(1) An establishment to encroach into the sidewalk area located immediately in front of that establishment and up to twenty-five (25) feet in either direction with appropriate permission and approval as provided herein; and/or
(2) An establishment to encroach into up to two (2) on-street parking spaces located immediately in front of that establishment with appropriate permission and approval as provided herein. A permittee shall not be allowed to encroach upon or otherwise interfere with on-street handicapped or disabled parking locations.
(c) A permit does not authorize the permittee to conduct activities within the permitted area not directly related to the operation of an outdoor cafe. Unless authorized or directed by the urban county government, the furnishings and other objects must not be moved around or removed during the hours of operation of the outdoor cafe such that activities inconsistent with the operation of the outdoor cafe can take place.
(d) Permits shall be issued on annual basis effective January 1, and only to validly licensed businesses that wish to provide furnishings or other objects directly related to their business of food and/or refreshment service on the public property adjacent to their businesses for use by the general public. If an establishment is not located on the ground floor of a building, or if it intends to encroach beyond the area immediately in front of its establishment it must provide written consent from the owners of the other building(s) and the ground floor tenant(s) in order to apply for the permit.
(e) Although a permit is valid for a calendar year, a permittee is not required to utilize the permitted area for that entire period. The permittee may be required by the administrator to remove some or all objects from the permitted area and return the area to public use during the times of year within which the outdoor cafe is not regularly operating.
(f) A permitted area which is contiguously located to a premises licensed to sell alcoholic beverages shall be considered as part of that licensed premises for the purpose of the sale and consumption of alcoholic beverages. All alcoholic beverages within the permitted area must have been obtained from that ABC licensee.
(g) Nothing in this article shall be construed to permit conduct prohibited by any other statute, ordinance or regulation, or to prohibit the enforcement thereof. If applicable, the permittee must also obtain any necessary approvals from the state and local alcohol beverage control authorities, the courthouse area design review board, the historical preservation commission, and other boards or approval authorities that have a regulatory interest in the property.
(h) Any furnishings or other objects utilized by the permittee must be removable and must not damage the sidewalk, on-street parking location, or other public property. Any necessary permits and approvals must be obtained in the event the permittee wishes to affix any object to the sidewalk, on-street parking location, or public property.
(i) A means of clearly identifying the permitted area for enforcement and safety purposes to the satisfaction of the administrator must be provided by the permittee, whether through barriers, markings, or other like methods. This shall include the use of approved barriers to protect patrons from motor vehicles if the permittee is utilizing on-street parking as part of its outdoor cafe.
(j) In the event that a business is operating an outdoor cafe without a permit the urban county government may, in addition to any other enforcement remedy that it may have available, remove any and all furnishings and other vestiges of said business upon providing written notice to the business. The written notice shall provide the business with at least twenty-four (24) hours to comply, absent emergency circumstances. It shall not be necessary to issue an additional notice of violation prior to the urban county government's removal of said encroaching items should the operation of the outdoor cafe re-commence after initial compliance with the notice by the business and a failure of the business to obtain a permit. The business shall be required to reimburse the urban county government for all reasonable costs associated with the removal and storage of the items prior to their return by the urban county government.
(Ord. No. 115-96, § 2, 6-27-96; Ord. No. 90-2008, § 1, 5-8-08; Ord. No. 48-2010, § 2, 3-25-10; Ord. No. 135-2021 , § 2, 12-7-21)
(a) Application for a permit shall be made at the division of building inspection in a form deemed appropriate by the administrator. Such application shall include, but not be limited to, the following information:
(1) Name, home and business address, and telephone number of the applicant, and the name and address of the owner, if other than the applicant, of the business.
(2) Name, home address, and telephone number of a responsible person whom the urban county government may notify or contact at any time concerning the applicant's permitted area or encroachment permit.
(3) A copy of a valid business license to operate a business establishment adjacent to the public property which is the subject of the application.
(4) Proof of current liability insurance, issued by an insurance company licensed to do business in the Commonwealth of Kentucky, protecting the licensee and the urban county government from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the encroachment permit and the permitted area. Such insurance shall name the urban county government as an additional insured and shall provide that the policy shall not terminate or be cancelled prior to the expiration date without thirty (30) days' advance written notice to the urban county government. The policy shall be a minimum of one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) aggregate, or higher if deemed necessary by the division of risk management.
(5) A scaled drawing or plan of the proposed location showing the layout and dimensions of the existing public and adjacent private property and showing the clear zone; the proposed location of all furnishings and other objects within the permitted area; a depiction of the cafe seating delineators; a written operations and maintenance plan for the cafe seating; and the written consent of adjacent property owners and tenants if otherwise required. This plan will be kept on file with the permitting office.
(6) Proof of any required ABC license(s), health permits or other permits for the business involved.
(7) Proof of approval by the Lexington and Fayette County Parking Authority, if requesting to use on-street parking controlled by the authority.
(8) A listing fully describing the proposed furnishings and other objects directly related to the business.
(9) Any other information or documentation required in order to comply with state or local alcoholic beverage control laws or regulations.
(b) The administrator may request review of submitted applications by those divisions it deems necessary to carry out the requirements of this article.
(c) The administrator may issue the permit with any necessary conditions, require that the application be amended or modified, or deny it. The administrator shall determine the maximum number of persons lawfully allowed within the permitted area based upon the final approved permit plan in accordance with the provisions of the Kentucky Building Code. Not later than fifteen (15) days after the filing of a completed application for a temporary encroachment permit, the applicant shall be notified in writing by the administrator of the decision on the issuance or denial of the permit.
(d) Each permittee shall also be required to submit an application for renewal of its permit on an annual basis prior to December 1 on a form deemed appropriate by the administrator. Any information that has changed from the previous year's application must be provided in the renewal application.
(e) Application for a permit shall be made at the division of building inspection within forty-eight (48) hours of written notice for failure to obtain a permit. Where the same owner, occupant, or person responsible has been given notice for the same violation at the same location within the previous one hundred eighty (180) days, such requirements of written notice may be waived and legal proceedings commenced immediately.
(f) Prior to the issuance of a permit utilizing the sidewalk or a permit utilizing on-street parking, an annual fee shall be due and payable to the administrator in the amount of one hundred dollars ($100.00). To obtain a permit for both, payment of an annual fee in the amount of one hundred and fifty dollars ($150.00) shall be required. This fee is in addition to any business license for operation in Fayette County or other required fees.
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