1024.01 PROPER LINE AND GRADE TO BE OBTAINED FROM CITY ENGINEER.

   No sidewalk shall be constructed, reconstructed or repaired until the proper line and grade for the same are obtained from the City Engineer, and such sidewalk shall be constructed, reconstructed or repaired in accordance with the lines and grades given by the City Engineer and the provisions of the "Manual of Rules and Regulations for Operations in the Public Place," as provided for in Section 1022.07.

(Ord. '74-40. Passed 6-3-74. )

1024.02 NONCOMPLIANCE; REMEDY OF CITY.

   Any owner of any lot or parcel of land who constructs, reconstructs or repairs or causes to be constructed, reconstructed or repaired any sidewalk contrary to the provisions of Section 1024.01 shall cause such sidewalk to be taken up and relaid in accordance with the provisions of such section, at his expense, when directed to do so by the Director of Public Service.

(Ord. 74-40. Passed 6-3-74. )

1024.03 PURPOSE AND SCOPE.

   The purpose of this chapter is to provide for the issuance of permits for the limited use and occupancy of sidewalk areas within the public right-of-way within the Downtown District and to establish policies and procedures for the regulation thereof. Nothing in this chapter shall act to relieve an applicant from the responsibility to obtain any other permit(s) as required by this Code or other applicable State or local laws or regulations as applicable.

(Ord. 12-15. Passed 5-7-12.)

1024.04 PERMIT REQUIRED.

   (a)   Any entity doing business in the Downtown District wishing to use or occupy any portion of the sidewalk within the public right-of-way for the placement of certain amenities designed to facilitate sidewalk seating and/or dining, placement of removable railing, flower boxes, movable planters, benches, placement of temporary signage or other barricades in conjunction with said seating and/or dining must first apply for and obtain the written consent of the Director of Public Service before the installation of any such amenities and before the use of such sidewalk in the public right-of-way for purposes of seating and/or dining.

   (b)   Consent, if deemed appropriate, shall be in the form of a written permit letter for the use of the public sidewalk within the public right-of-way which shall be executed by the Director of Public Service or his or her designee. The City shall review all permits issued pursuant to this chapter on an annual basis and shall determine the continued suitability of such permit prior to the renewal thereof.

   (c)   The Director of Public Service shall promulgate forms as necessary to implement the provisions of this chapter and all applications for such a permit shall be reviewed and a determination made as to the issuance of such permit within 30 days of the filing of the application.

(Ord. 12-15. Passed 5-7-12.)

1024.05 CRITERIA FOR ISSUANCE OF PERMIT.

   The Director of Public Service shall issue or renew a permit letter for the use of the public sidewalk within the public right-of-way for the placement of certain amenities designed to facilitate sidewalk seating and/or dining, placement of removable railing, flower boxes, movable planters, benches, placement of temporary signage or other barricades in conjunction with said seating and/or dining upon determination that:

   (a)   The public health, safety, or welfare will not be negatively impacted upon the granting or renewal of such lease;

   (b)   The applicant has submitted a diagram or drawing of the proposed use of the public sideway within the public right-of-way and the proposed use of the public sidewalk within the public right-of-way has been approved by the City Engineer after consultation with all applicable City departments, including but not limited to, the Police Department and the Fire Department;

   (c)   If the applicant intends to utilize any portion of the public sidewalk within the public right-of-way to facilitate sidewalk seating and/or dining which would include the provision of beer, wine, alcohol, or other intoxicating beverages, a permit letter will only be issued if the diagram or drawing of such intended use includes the placement of removable railing, flower boxes, movable planters, benches, or other barricades in conjunction with said seating and/or dining to separate patrons from the remainder of the public sidewalk remaining available for public use.

(Ord. 12-15. Passed 5-7-12.)