1024.01 Proper line and grade to be obtained from City Engineer.
1024.02 Noncompliance; remedy of City.
1024.03 Purpose and scope.
1024.04 Permit required.
1024.05 Criteria for issuance of permit.
1024.06 Restrictions on use.
1024.07 Indemnification.
1024.08 Removal of property.
1024.99 Penalty.
CROSS REFERENCES
Construction and repair of sidewalks, curbs or gutters - see Ohio R. C. 729.0l et seq.
Driving or parking upon sidewalks and curbs - see TRAF. 432.22
Duty to keep sidewalks in repair and clean - see GEN. OFF. 660.05
Duty to provide barricades and warning lights - see GEN. OFF. 660.09
Damaging or obstructing sidewalks - see GEN. OFF. 660.10
Work permit - see S. U. & P. S. 1022.02 et seq.
Subdivision of land - see P. & Z. Appendix I Paras. (f), (i)
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. )
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. )
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.)
(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.)
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.)
Any person or entity that has been issued a permit letter 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 the public sidewalk within the public right-of-way shall comply with the following restrictions as a condition of the continued enjoyment of such permit. The City shall have the right to revoke any permit letter issued pursuant to this chapter in the event of a breach of the terms and conditions of such permit letter or of the conditions and restrictions set forth herein.
(a) The permit holder shall restrict use of the sidewalk dining area to the patrons, customers, and guests of the establishment when such premises are used for sidewalk seating and/or dining.
(b) The permit holder shall not erect or permit the erection of any permanent obstructions or barricades of any nature.
(c) The permit holder shall not erect or allow the erection of any permanent or temporary obstructions or barricades of any nature within the portion of the public sidewalk not designated for use as sidewalk seating and/or dining as detailed in the permit application.
(d) The permit holder shall restrain and prevent its employees, patrons, customers, business invitees, and guests from blocking, obstructing, or otherwise hindering the flow of pedestrian traffic upon the portion of the public sidewalk not designated for use as sidewalk seating and/or dining as detailed in the permit application.
(e) The permit holder shall keep the premises and any adjacent public sidewalk or other real property within the public right-of-way clean and free of all debris.
(Ord. 12-15. Passed 5-7-12.)
Any person or entity having been issued a permit letter 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 shall forever indemnify and hold harmless the City and all of its agents and employees from and against all claims, damages, losses, suits, and other actions, including attorney's fees, arising or resulting from the use of the public sidewalk within the public right-of-way by either the permit holder, their agents, representatives, employees, patrons, customers, business invitees, guests or any other person(s) who may use such public sidewalk within the public right-of-way subject to such permit. Additionally, any permit holder shall obtain and maintain adequate liability insurance in the amount of one million dollars ($1,000,000) and shall name the City as an additional insured on said policy and shall provide a copy of the certificate of insurance to the City.
(Ord. 12-15. Passed 5-7-12.)
The City shall have the right to require removal of any amenities, facilities, or equipment, as well as any railing, flower boxes, movable planters, benches, placement of temporary signage or other barricades in conjunction with said seating and/or dining installed pursuant to this chapter 15 days after written notice of termination of the permit letter has been delivered to the permit holder. The City further retains the right to require immediate removal of any amenities, facilities, or equipment as well as any railing, flower boxes, movable planters, benches, placement of temporary signage or other barricades in conjunction with said seating and/or dining in the event any public agency or private utility company must make emergency repairs to any utility located in, over, across, under or through such premises. Failure to remove such property in conformity with such notification may result in the City removing the same with the cost of such removal being assessed to the permit holder and may further result in the revocation or termination of the permit letter.
(Ord. 12-15. Passed 5-7-12.)
Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). A separate offense shall be deemed committed each week during or on which a violation or noncompliance occurs or continues after notification and direction to comply, as provided in Section 1024.02.