All permit holders shall be subject to the following regulations:
   (A)   Items on the sidewalk shall at all times be placed in accordance with the approved plan. Any changes made without the approval of the city will be considered a violation of this subchapter and subject to penalty as outlined in § 91.99.
   (B)   The sidewalk shall be kept clean and free of refuse and clutter at all times by the permit holder regardless of the source of such refuse and clutter, including but not limited to, overflowing trash receptacles (private and public), cigarettes, and paper refuse. Private trash receptacles may be required by the city when there is no wait staff serving the outdoor area.
   (C)   All public improvements on the sidewalk, including but not limited to benches, light poles, and trees shall be maintained in the condition in which they existed immediately prior to the issuance of the permit, excluding normal wear and tear. The permit holder shall immediately report any damage to the city. The city shall replace or repair such improvements at its discretion and shall charge the cost of such replacement or repair to the permit holder unless the damage can be clearly shown to have resulted from a cause not related to the issuance of the sidewalk use permit. It is entirely the permit holder's responsibility and obligation to provide any such evidence that the aforesaid damage resulted from a cause not related to the issuance of the sidewalk permit.
   (D)   Operations of the sidewalk café shall be conducted in a manner that does not interfere with pedestrians, parking, or traffic.
   (E)   The area and materials must be maintained and in good condition at all times. Broken, rusting, torn or tattered furnishings shall be removed promptly.
   (F)   Furniture items must be made to a professional standard and may be constructed of the following materials: wood, iron, steel, canvas (as in director's chairs), aluminum, plastic or resin.
   (G)   Site furnishings must be removed at the conclusion of the outdoor use season, during any period of permit suspension or revocation, or in the event the outdoor use is discontinued for a period in excess of seven days.
(Ord. 01-292, passed 3-20-01; Am. Ord. 06-677, passed 8-9-06; Am. Ord. 11-027, passed 8-17-11) Penalty, see § 91.99